This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

63823 

Vol. 78, No. 207 

Friday, October 25, 2013 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 430 

[Docket No. EERE–2010–BT–TP–0026] 

RIN 1904–AC29 

Energy Conservation Program: Test 

Procedures for Television Sets 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: On January 19, 2012, the U.S. 

Department of Energy (DOE) issued a 

notice of proposed rulemaking (NOPR) 

to establish a new test procedure for 

television sets (TVs). Based on 

comments received in response to the 

January 2012 NOPR, DOE performed 

additional testing and proposed 

amendments to the TV test procedure in 

its March 12, 2013 supplemental notice 

of proposed rulemaking (SNOPR). 

Following the March 2013 SNOPR, DOE 

issues this final rule to establish a new 

test procedure for TVs and respond to 

any subsequent comments from the 

March 2013 SNOPR. This rule resolves 

issues with the October 1979 TV test 

procedure, repealed by DOE on October 

20, 2009, by allowing for accurate 

measurement of the energy 

consumption of modern TVs. 

DATES: The effective date of this final 

rule is November 25, 2013. 

The incorporation by reference of 

certain standards in this rulemaking is 

approved by the Director of the Office 

of the Federal Register as of November 

25, 2013. 

ADDRESSES: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at regulations.gov. All 

documents in the docket are listed in 

the regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

A link to the docket Web page can be 

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

#!docketDetail;D=EERE-2010-BT-TP0026. This Web page will contain a link 

to the docket for this notice on the 

regulations.gov site. The regulations.gov 

Web page will contain simple 

instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

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: 

televisions@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: This final 

rule incorporates by reference into part 

430 the following industry standards: 

(1) CEA–770.3–D, Consumer 

Electronics Association, High Definition 

TV Analog Component Video Interface, 

approved February 2008. 

CEA standards can be purchased from 

the Consumer Electronic Association, 1– 

800–699–9277, 1–734–780–8000, or 

http://www.techstreet.com/info/

cea.tmpl. 

(2) HDMI Specification Version 1.0, 

High-Definition Multimedia Interface 

Licensing, LLC, High-Definition 

Multimedia Interface Specification, 

Informational Version 1.0, published 

September 4, 2003. 

HDMI standards can be purchased 

from HDMI Licensing, LLC, 1140 East 

Arques, Suite 100 Sunnyvale, CA 94085, 

or http://www.hdmi.org/contact/

index.aspx. 

(3) IEC Standard 933–5:1992, 

International Electrotechnical 

Commission, Audio, video and 

audiovisual systems—Interconnections 

and matching values—Part 5: Y/C 

connector for video systems—Electrical 

matching values and description of the 

connector, First Edition 1992–12. (Note: 

IEC 933–5 is also known as IEC 60933– 

5.) 

(4) IEC Standard 62087:2011, 

International Electrotechnical 

Commission, Methods of measurement 

of the power consumption of audio, 

video, and related equipment, Edition 

3.0, 2011–04. 

IEC standards can be purchased from 

the International Electrotechnical 

Commission, 3 rue de Varembre ́, P.O. 

Box 131, CH–1211 Geneva 20– 

Switzerland, or http://www.iec.ch. 

(5) ITU–R BT.470–6, International 

Telecommunication Union, 

Conventional Television Systems, 

published November 1998. 

ITU standards are freely available 

from the International 

Telecommunication Union, http://

www.itu.int/en/ITU-T/publications/

Pages/default.aspx. 

(6) SMPTE 170M–2004, SMPTE 

Standard for Television—Composite 

Analog Video Signal—NTSC for Studio 

Applications, approved November 20, 

2004. 

SMPTE standards can be purchased 

from the Society of Motion Picture and 

Television Engineers, 3 Barker Ave. 5th 

Floor, White Plains, NY 10601, http://

www.techstreet.com/products/1228846. 

Table of Contents 

I. Authority and Background 

A. General 

B. Test Procedure Rulemaking Process 

C. Rulemaking Background 

II. Summary of the Final Rule 

III. Discussion 

A. Incorporated Industry Test Procedures 

B. Products Covered by the Proposed Test 

Procedure 

C. Definitions 

1. Television Sets 

2. On Mode 

3. Video Inputs 

4. Picture Setting 

5. Definitions Incorporated by IEC 62087 

Ed. 3.0 

D. Measurement Equipment 

1. Power Meter Requirements 

2. Luminance Meter Requirements 

E. General Test Set-up 

1. Nominal Voltage and Frequency of the 

Region 

2. International Unit Harmonization 

3. Dark Room Conditions 

4. Automatic Brightness Control Sensor 

Configuration 

5. Network Connection 

6. Configuration of Special Functions 

7. Video Input Device Configuration 


emcdonald on DSK67QTVN1PROD with RULES
63824 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

1See Energy Conservation Program: Repeal of 

Test Procedures for Televisions. 74 FR 53640 (Oct. 

20, 2009). http://www1.eere.energy.gov/buildings/

appliance_standards/pdfs/74fr53640.pdf. 

2Chamberlain, William M., ‘‘Petition of the 

California Energy Commission to Repeal the Test 

Method for Television Sets in 10 C.F.R. Part 430 

Subpart B.’’ May 23, 2008. http://

www.energy.ca.gov/appliances/2008rulemaking/

documents/2008-05-15_workshop/other/Petition_

Of_The_CEC_To_Repeal_The_Test_Method_For_

Television_Sets_In_10_CFr_Part_430_Subpart_

B.pdf. 

3 Digital transition mandated by Public Safety Act 

of 2005 http://www.fcc.gov/cgb/consumerfacts/

digitaltv.html. 

8. Requirements Incorporated From IEC 

62087 

F. Steady State Requirement for On Mode 

Power Measurements 

G. On Mode 

H. On Mode With ABC Enabled 

1. ABC Illuminance Values 

2. Test Set-Up 

3. Infrared and Ultraviolet Blocking Filter 

4. Neutral Density Filter 

5. Lamp Specification 

I. Luminance Test 

J. Standby Mode 

1. Standby-Passive Mode 

2. Standby-Active, Low Mode 

3. Standby-Active, High Mode 

K. Off Mode 

L. Sampling Plan 

M. Output Metrics 

N. Represented Power Values 

O. Annual Energy Consumption Metric 

1. On Mode 

2. Standby Mode 

3. Off Mode 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

V. Approval of the Office of the Secretary 

I. Authority and Background 

A. General 

Title III of the Energy Policy and 

Conservation Act of 1975 (42 U.S.C. 

6291, et seq.; ‘‘EPCA’’ or, ‘‘the Act’’) 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), Public Law 

112–210 (Dec. 18, 2012)). Part B of title 

III, which for editorial reasons was 

redesignated as Part A upon 

incorporation into the U.S. Code (42 

U.S.C. 6291–6309, as codified), 

establishes the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles.’’ These include 

television sets, the subject of today’s 

final rule. (42 U.S.C. 6292(a)(12)) 

Under EPCA, the energy conservation 

program consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. The testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for (1) certifying to DOE 

that their products comply with the 

applicable energy conservation 

standards adopted under EPCA, and (2) 

making representations about the 

efficiency of those products. Similarly, 

DOE must use these test procedures to 

determine whether the products comply 

with any relevant standards 

promulgated under EPCA. 

B. Test Procedure Rulemaking Process 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA provides that any test procedures 

prescribed or amended under this 

section shall be reasonably designed to 

produce test results which measure 

energy efficiency, energy use or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

shall not be unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) 

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

comments on them. (42 U.S.C. 

6293(b)(2)) Finally, in any rulemaking to 

amend a test procedure, DOE must 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency of any 

covered product as determined under 

the existing test procedure. (42 U.S.C. 

6293(e)(1)) If DOE determines that the 

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) 

The Energy Independence and 

Security Act of 2007 (EISA 2007), Public 

Law 110–140 (Dec. 19, 2007) amended 

EPCA to require DOE to implement a 

standby and off mode energy 

consumption measurement, if 

technically feasible, in test procedures 

where not previously present. 

Otherwise, DOE must prescribe a 

separate standby and off mode energy 

test procedure, if technically feasible. 42 

U.S.C. 6295(gg)(2)(A). EISA 2007 also 

requires any final rule to establish or 

revise a standard for a covered product, 

adopted after July 1, 2010, to 

incorporate standby mode and off mode 

energy use into a single amended or 

new standard, if feasible. 42 U.S.C. 

6295(gg)(3)(A). DOE recognizes that the 

standby and off mode conditions of 

operation apply to TVs. In response to 

this requirement, DOE adopts 

provisions in the test procedures to 

address standby and off mode as 

discussed in sections III.J and III.K of 

this rulemaking. 

Today’s rule also fulfills DOE’s 

obligation to periodically review its test 

procedures under 42 U.S.C. 

6293(b)(1)(A). DOE anticipates that its 

next evaluation of this test procedure 

will occur in a manner consistent with 

the timeline set out in this provision. 

C. Rulemaking Background 

In May 2008, the Consumer 

Electronics Association (CEA) and the 

California Energy Commission (CEC) 

petitioned DOE to repeal its TV test 

procedure, promulgated on June 29, 

1979, as, among other things, it was no 

longer appropriate for measuring the 

energy consumption of modern TVs.1

CEC cited the Digital Transition and 

Public Safety Act of 2005 as a main 

contributor for their request to repeal 

the test procedure.2 The act mandated 

that as of June 12, 2009, all TV 

broadcasts must be transmitted digitally, 

transitioning from analog broadcasts 

which were formally used for all over 

the air TV broadcasts.3 The October 

1979 test procedure relied solely on 

analog test signals for test content and 

was geared heavily for older screen 

technologies like cathode ray tubes 

(CRT) which made it increasingly 

obsolete. CEA also highlighted the work 

of the International Electrotechnical 

Commission (IEC) in the standard IEC 

62087 Ed. 1.0 ‘‘Methods of measurement 

for the power consumption of audio, 

video, and related equipment’’ as a test 

procedure more suitable for the power 

consumption of modern TVs. 74 FR 

53641. 

On October 20, 2009, DOE repealed 

the TV test procedure and then began a 

rulemaking process designed to resolve 

the issues of the former test procedure. 

74 FR 53640. As a first step in the 

rulemaking process, DOE published a 

request for information and request for 

comment document (RFI) on September 

3, 2010. 75 FR 54048 (September 2010 

RFI). In the September 2010 RFI, DOE 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63825 

evaluated current industry test 

procedures and requested comment 

from stakeholders. Following 

stakeholders’ initial comments, DOE 

published a NOPR which outlined the 

proposed television test procedure. 77 

FR 2830 (January 19, 2012) (the January 

2012 NOPR). In the January 2012 NOPR, 

DOE proposed power consumption tests 

for on mode, standby-active, high mode, 

standby-passive mode, and off mode, as 

well as a luminance test for the home 

and retail picture setting. In March 

2013, DOE published a SNOPR to 

amend the proposed test procedure and 

to clarify the intent of the January 2012 

NOPR. 78 FR 15808 (March 12, 2013) 

(the March 2013 SNOPR). The most 

notable amendments included: (1) The 

removal of the standby-active, high 

mode test, (2) the addition of the 

standby-active, low mode test, (3) the 

addition of specificity to the on mode 

test with automatic brightness control 

(ABC) enabled by default, and (4) the 

revised picture setting structure for the 

luminance test. DOE addresses all 

comments and clarifies the adopted test 

procedure in today’s final rule. 

II. Summary of the Final Rule 

Today’s final rule adopts a new test 

procedure for TVs. This test procedure 

is designed to resolve the issues which 

prompted DOE to repeal the previous 

test procedure. This test procedure 

adopts tests for active (on mode), 

standby mode, off mode, and screen 

luminance measurements. The data 

obtained through this test procedure 

includes the power consumption 

measurements for all available modes of 

operation, power factor measurements 

in on mode, screen luminance values, 

and an annual energy consumption 

metric based on the power consumption 

of individual modes of operation. The 

adopted tests are based on stakeholder 

comments in response to the September 

2010 RFI, January 2012 NOPR, and 

March 2013 SNOPR as well as DOE 

testing. Throughout the rulemaking 

process, DOE performed several rounds 

of testing to ensure the adopted tests are 

repeatable and reproducible. 

III. Discussion 

A. Incorporated Industry Test 

Procedures 

In preparation for the March 2013 

SNOPR, DOE participated as an 

observing member of the CEA working 

group meetings regarding TV energy 

consumption (CEA R4 WG13) to gain a 

better understanding of industry’s 

position on TV test procedures. DOE 

based many of its proposals from the 

March 2013 SNOPR on Draft version 3.5 

of the CEA–2037–A standard (October 

11, 2012), ‘‘Determination of Television 

Average Power Consumption’’. CEA, 

Sharp, and Panasonic commented that 

DOE should incorporate by reference 

the draft version 3.5 of CEA–2037–A as 

the DOE test procedure in an effort to 

harmonize between DOE, industry, and 

international test procedures (CEA, No. 

72 at p. 2; Sharp, No. 68 at p. 1; 

Panasonic, No. 67 at p. 1). However, as 

of today, CEA–2037–A is still in draft 

form and has not yet been finalized. 

DOE believes it would not be 

appropriate to reference by 

incorporation a test method that is still 

undergoing changes and has not been 

made publically available. Therefore, 

while DOE continues to base its test 

procedure requirements on draft version 

3.5 of the CEA–2037–A test method into 

today’s final rule, DOE is not 

incorporating these sections by 

reference. 

Additionally, CEA, Panasonic, and 

Sharp also commented that DOE should 

incorporate requirements from IEC 

62087 Ed. 3.0 in its test procedure (CEA, 

No. 72 at p. A–6; Panasonic, No. 67 at 

p. 7; Sharp, No. 68 at p. 3). DOE agrees 

with these comments and incorporates 

many of today’s requirements from IEC 

62087 Ed. 3.0. DOE believes that these 

concepts closely align with those 

proposed in CEA’s draft version 3.5 of 

CEA–2037–A and will ensure 

compatibility between the DOE test 

procedure and industry standards. DOE 

also recognizes the importance of 

harmonizing with industry and 

international test procedures, and takes 

action by incorporating many industry 

requirements by reference in today’s 

final rule. DOE is aware that industry 

and international test procedures are in 

development, and DOE will consider 

amending this test procedure to further 

harmonize with these industry test 

procedures once any ongoing efforts are 

finalized. 

B. Products Covered by the Proposed 

Test Procedure 

Following the public meeting for the 

March 2013 SNOPR, California Investor 

Owned Utilities (CA IOU), CEA, 

Northwest Energy Efficiency Alliance 

(NEEA), Panasonic, and Sharp 

commented that many of the definitions 

in the proposed TV test procedure 

contained scoping criteria and 

requirements that are more suitable for 

the scope of coverage and product 

configuration sections, specifically in 

reference to the definition for television 

sets (CA IOU, No. 71 at p. 2; CEA, No. 

72 at p. A–4; NEEA, No. 66 at p. 2; 

Panasonic, No. 67 at p. 2; Sharp, No. 68 

at p. 2). NEEA commented that while it 

agreed with this parameter, defining a 

TV as a product with a diagonal screen 

size of 15’’ or larger may have 

unintended future consequences (NEEA, 

No. 66 at p. 2). CEA also commented 

that restricting the screen size of a TV 

is not appropriate for a definition (CEA, 

No. 72 at p. A–4). CA IOU suggested 

that the size requirement be moved to 

scope of coverage rather than including 

it in the definition of a TV (CA IOU, No. 

71 at p. 2). DOE agrees with these 

comments and believes that the screen 

size requirement should be moved from 

the definition of a television set and 

included as part of the scope of the rule, 

in section 1 of Appendix H to subpart 

B of 10 CFR part 430. This change 

allows for a more inclusive definition of 

a television set, because it is no longer 

limited to having a screen size of 15 

inches or greater. DOE believes that 

updating the definition allows greater 

flexibility for other regulating bodies 

and for future use by DOE. While the 

definition of a television set no longer 

contains the provision that the screen 

size is 15 inches or greater, DOE updates 

the applicability of the test procedure 

adopted in today’s final rule to only 

those televisions having a screen size of 

15 inches or greater. 

In the March 2013 SNOPR, DOE also 

defined a TV as a product that is 

‘‘designed to be powered primarily by 

mains power . . .’’ Following the public 

meeting for the March 2013 SNOPR, 

DOE received comment from Panasonic 

suggesting that ‘‘primarily’’ be replaced 

with ‘‘solely’’ to exclude battery 

powered TVs from the scope of this 

rulemaking (Panasonic, No. 67 at p. 2). 

Sharp commented that the terms ‘main 

battery’ and ‘auxiliary battery’ should be 

defined to help clarify the product 

coverage of this rulemaking (Sharp, No. 

68 at p. 2). DOE agrees with these 

comments and has added definitions for 

‘main battery’ and ‘auxiliary battery’ to 

section 2 of Appendix H to subpart B of 

10 CFR part 430. A main battery is 

defined as a battery capable of powering 

the TV to produce dynamic video 

without support of mains power and an 

auxiliary battery is defined as a battery 

capable of powering a clock or retaining 

TV settings but incapable of powering 

the TV to produce dynamic video. DOE 

clarifies that the proposed definition of 

a television in the March 2013 SNOPR 

was designed to exclude TVs capable of 

being powered by a main battery from 

the rulemaking but not to exclude TVs 

with auxiliary batteries. While the 

definition of a television set no longer 

contains the provision that it must 

designed to be powered primarily by 

mains power, DOE updates the 


emcdonald on DSK67QTVN1PROD with RULES
63826 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

applicability of the test procedure 

adopted in today’s final rule to only 

those televisions that are powered by 

mains power (including TVs with 

auxiliary batteries but not TVs with 

main batteries). 

Sharp also suggested that TVs with 

non-removable main batteries should 

not be tested while TVs with removable 

main batteries should be tested (Sharp, 

No. 68 at p. 2). DOE believes that testing 

TVs that have main batteries may result 

in energy consumption values that are 

not appropriate for these products due 

to a different usage profile. Main 

battery-powered TVs are typically 

designed for portability and are not 

intended to be used for several hours a 

day with their batteries removed. 

Additionally, these products represent a 

limited cross-section of the TV market. 

DOE believes including main batterypowered devices would create 

unnecessary test burden and result in 

atypical energy consumption 

measurements for these products. While 

DOE believes these products still meet 

the definition of a TV, they follow a 

different usage profile than products 

that fall under the scope of this 

rulemaking. 

However, DOE believes TVs that have 

auxiliary batteries should be included 

within the scope of coverage of this test 

procedure. DOE believes that nearly all 

TVs have at least one auxiliary battery 

and this clarification does not change 

the scope of this rulemaking. 

In today’s final rule, DOE clarifies its 

position for TVs powered by mains and 

batteries as part of the scope of coverage 

rather than the definition of a television 

set. DOE also clarifies that TVs powered 

by main batteries shall be excluded from 

today’s rule, while TVs with auxiliary 

batteries shall be included in the scope 

for today’s rulemaking, located in 

section 1 of Appendix H to subpart B of 

10 CFR part 430. 

C. Definitions 

1. Television Sets 

As discussed in section III.B of this 

rule, DOE has updated the scope of 

coverage to incorporate elements 

formerly proposed in the TV definition. 

As a result, DOE broadened the TV 

definition, located in 10 CFR 430.2, to 

mean a product designed to produce 

dynamic video, contains an internal TV 

tuner encased within the product 

housing, and that is capable of receiving 

dynamic visual content from wired or 

wireless sources. 

The scope of coverage includes a 

requirement for a minimum screen size 

as well as an exclusion for TVs powered 

by a main battery. These limitations in 

scope are consistent with the limitations 

previously proposed in the TV 

definition in the March 2013 SNOPR. 

Moving these requirements to the scope 

of coverage allows for a broader 

definition of a TV that is consistent with 

industry practice while retaining the 

more narrow scope of coverage 

proposed under the January 2012 NOPR 

and the March 2013 SNOPR. 

DOE also notes that the internal TV 

tuner requirement proposed in the 

March 2013 SNOPR is still appropriate 

for the TV definition. 78 FR 15811. In 

the All-Channel Receiver Act, the 

Federal Communication Commission 

(FCC) has the authority to require that 

all products marketed as a TV shall 

include a TV tuner within the product 

housing. 47 U.S.C. 303(s). A TV tuner is 

a key defining characteristic between 

TVs, displays, and digital picture 

frames, and as discussed in the January 

2012 NOPR, the convergence of these 

products makes distinguishing their 

features critical for this rulemaking. 

Thus, DOE believes that a TV tuner is 

necessary for the definition of a TV. 

NEEA commented that they support a 

TV tuner requirement for the definition 

of a TV (NEEA, No. 66 at p. 2). As part 

of today’s final rule, DOE adopts the 

updated definition of a television set in 

10 CFR 430.2 in response to comments 

from the March 2013 SNOPR. 

2. On Mode 

In response to the March 2013 

SNOPR, Panasonic commented that the 

definition of on mode should be 

updated from ‘‘providing one or more 

principle functions’’ to ‘‘providing both 

picture and sound’’ (Panasonic, No. 67 

at p. 7). Although DOE agrees that this 

language would clarify the intent of a 

‘principle function’, DOE does not 

believe sound should be included as a 

principle function. DOE does not 

require that a TV produce sound under 

the scope of this rulemaking and 

believes this change may inadvertently 

exclude TVs that do not have speakers. 

DOE agrees with the Panasonic’s 

intentions of clarifying the primary 

functions of a TV and therefore updates 

this language in the definition of on 

mode to ‘‘producing dynamic video’’ in 

section 2.14 of Appendix H to subpart 

B of 10 CFR part 430. 

3. Video Inputs 

In the March 2013 SNOPR, DOE 

proposed definitions for video inputs as 

a way to clearly specify the connection 

between the TV and the video input 

device. 78 FR 15812–15813. These 

definitions were based on industry 

standards and harmonized with the Settop Box (STB) Test Procedure NOPR. 

Docket No. EERE–2–12–BT–TP–0046, 

78 FR 5076. Sharp provided comment 

on the proposed video input definitions, 

specifically High-Definition Multimedia 

Interface (HDMI), S-video, composite 

video, and component video. Sharp 

agrees with the definition for HDMI but 

recommends that the HDMI connection 

should be compatible with all HDMI 

versions (Sharp, No, 68 at p. 6). DOE 

agrees with this comment and clarifies 

the definition of HDMI in 10 CFR 430.2 

by requiring that the video input must 

at least meet HDMI Version 1.0, but 

accepts higher versions as they are 

backwards compatible. DOE recognizes 

that next generation versions of this 

format will be released, but the criteria 

in version 1.0 meets the minimum 

requirements to measure the power 

consumption of this test procedure. 

Additionally, DOE does not believe that 

it is necessary to require updated HDMI 

versions that have been updated with 

capabilities not tested in this procedure 

such as 3D and 4k resolution. 

In response to the S-video definition, 

Sharp commented that S-video should 

be defined according to IEC 60933–5 

(Sharp, No, 68 at p. 7). IEC 60933–5 is 

consistent with DOE’s definition in the 

March 2013 SNOPR, and including this 

reference can help to clarify this video 

input connection. DOE agrees with 

Sharp’s comment and updates the 

definition of S-video in 10 CFR 420.2 to 

reference IEC 60933–5. 

Sharp commented that the composite 

video definition should use the SMPTE 

170 M standard for 60 Hz signals and 

ITU BT.470–6 standard for 50 Hz signals 

(Sharp, No, 68 at p. 6). In the March 

2013 SNOPR, DOE proposed that the 

composite video input should use the 

National Television System Committee 

(NTSC) format for a 60 Hz signal. 

Although NTSC is the correct format for 

a 60 Hz video signal, DOE agrees that 

using the SMTPE is more appropriate 

because it is a standard. Additionally, 

adding a standard for a 50 Hz signal 

allows this test procedure to be used 

internationally. Thus, DOE clarifies the 

SMPTE and ITU standards to be used in 

the definition of composite video in 10 

CFR 430.2. 

Sharp commented that they support 

the definition for component video 

proposed in the March 2013 SNOPR, 

and therefore DOE retains its proposal 

and adopts this definition for 

component video in 10 CFR 430.2 

(Sharp, No. 68 at p. 6). 

CEA also provided comment on the 

video input definitions, and suggested, 

along with Sharp, that the definition for 

direct video connection should be 

removed because it is not used in the 

test procedure (CEA, No. 72 at p. A–5; 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63827 

Sharp, No. 68 at p. 6). DOE originally 

proposed this definition to harmonize 

with the STB video input definitions 

proposed in the STB test procedure 

NOPR. Docket No. EERE–2–12–BT–TP– 

0046, 78 FR 5076. Because DOE did not 

use the term in the TV test procedure, 

DOE agrees with commenters and 

removes the definition for direct video 

connection from today’s final rule. DOE 

also clarifies that symbol definitions for 

videocassette recorder (VCR), Lratio, and 

light measuring device (LMD) have been 

removed because these terms are no 

longer used in the test procedure. 

4. Picture Setting 

In the January 2012 NOPR, DOE 

proposed definitions for home and retail 

picture settings to create a picture 

setting structure consistent with the 

ENERGY STAR Program Requirements 

for Televisions, Version 4.1 (ENERGY 

STAR v. 4.1). 77 FR 2837. These 

definitions established a picture setting 

structure as depicted in Figure 1. In 

preparation of the January 2012 NOPR, 

DOE performed testing and discovered a 

TV that was unable to enter the retail 

picture setting after selecting the home 

picture setting. DOE was concerned that 

that this issue would prevent the 

luminance test from being performed on 

certain TVs, and therefore DOE 

proposed that the retail picture setting 

luminance measurement shall be 

performed first, followed by the home 

picture setting. Additionally, the on 

mode test would be performed after the 

luminance test so that the home picture 

setting would not need to be changed 

between tests. The proposed testing 

order was slightly different from other 

industry test procedures, which tested 

on mode before luminance. DOE found 

this difference necessary to ensure that 

all TVs were capable of entering both 

the home and retail picture settings for 

the luminance test. 

In response to the January 2012 NOPR 

picture setting proposals, Sharp 

commented that the retail picture 

setting may not be the brightest picture 

setting as defined in the January 2012 

NOPR (Sharp, No. 45 at p. 2). Sharp also 

commented that the proposed testing 

order could lead to double testing for 

manufacturers that test their products 

with multiple test procedures (Sharp, 

No. 45 at p. 3). Panasonic suggested that 

either the brightest selectable picture 

setting or the retail picture setting 

should be tested as the picture setting 

that measures the highest luminance in 

on mode (Panasonic No. 50 at p. 2). 

NEEA recommended that the retail 

picture setting should be defined as the 

picture setting which produces the 

highest attainable luminance from a 

factory defined menu option (NEEA No. 

43 at p. 2). Mitsubishi Electric Visual 

Solutions America, Inc. (MEVSA) 

commented that ‘preset picture setting’ 

should be defined to help clarify the 

retail picture setting definition (MEVSA, 

No. 44 at p. 5). 

Based on these comments, DOE 

proposed a definition in the March 2013 

SNOPR for the brightest selectable 

preset picture setting as the picture 

setting which produces the highest 

luminance during on mode. 78 FR 

15813–15815. The luminance of this 

picture setting was also measured 

instead of the retail picture setting (see 

Figure 2). Additionally, DOE clarified 

that the brightest selectable preset 

picture setting was only available from 

within the home menu. Once DOE 

proposed that the brightest selectable 

preset picture setting be measured 

within the home menu, ‘home picture 

setting’ was no longer an appropriate 

term for measuring the default screen 

luminance. DOE therefore replaced the 

term ‘home picture setting’ with the 

term ‘default picture setting’ (which 

maintained the same meaning as had 

been previously given to ‘home picture 

setting’) to measure the default screen 

luminance. DOE also proposed a 

definition for preset picture setting to 

help distinguish these picture settings 

within the home menu. The proposed 

testing structure no longer tested picture 

settings in the retail menu, and DOE 

was able to harmonize the test order 

with other industry procedures. Thus, 

the new testing order in the March 2013 

SNOPR tested on mode in the default 

picture setting followed by the 

luminance test in the default and 

brightest selectable preset picture 

setting. NRDC and Sharp commented 

that they support the definition for 

brightest selectable preset picture 

setting (NRDC, No. 64 at p. 4; Sharp, No. 

68 at p. 3). Additionally, Panasonic and 

Sharp commented that they support the 

definition for default picture setting 

(Panasonic, No. 67 at p. 3; Sharp, No. 68 

at p. 3). 


emcdonald on DSK67QTVN1PROD with RULESER25OC13.001</GPH>
63828 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

Based on DOE’s proposal in the 

March 2013 SNOPR, CA IOU, CEA, and 

NEEA recommended that DOE broaden 

its definition of preset picture setting to 

include picture settings within the retail 

menu (CA IOU, No. 71 at p. 3; CEA, No. 

72 at p. A–7; NEEA, No. 66 at p. 2). 

Broadening the definition for preset 

picture setting allows the brightest 

selectable preset picture setting to be 

found in either the home or retail menu. 

Panasonic, Sharp, and CEA also 

commented that ‘home mode’, ‘retail 

mode’, and ‘forced menu’ should be 

defined to help clarify the picture 

setting structure (Panasonic, No. 67 at p. 

3; Sharp, No. 68 at p. 3; CEA, No. 72 at 

p. A–8). DOE agrees with these 

comments and adopts definitions for 

‘home configuration’, ‘retail 

configuration’, and ‘forced menu’ in 

today’s final rule. 

In the March 2013 SNOPR, although 

DOE did not include definitions for 

‘home mode’ and ‘retail mode’, these 

terms were discussed in the preamble as 

‘home menu’ and ‘retail menu’. DOE 

intentionally avoided using the term 

‘mode’ to prevent confusion with the 

modes of operation. Although this is 

still a concern, DOE believes that 

defining similar terms would be 

beneficial by clearly describing the 

picture setting structure. DOE therefore 

adopts the terms ‘‘home configuration’’, 

‘‘retail configuration’’, and ‘‘forced 

menu’’ in sections 2.6, 2.16, and 2.5 

respectively of Appendix H to subpart B 

of 10 CFR part 430. The picture setting 

structure adopted in today’s final rule 

can also be seen in Figure 3. When 

developing this picture setting structure, 

DOE determined that ‘configuration’ 

would be more appropriate to describe 

the function of the ‘home’ and ‘retail’ 

than the term ‘menu’, since these 

selections do not present their own submenus. 


emcdonald on DSK67QTVN1PROD with RULESER25OC13.002</GPH> ER25OC13.003</GPH>
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63829 

Throughout this rulemaking, DOE has 

received many comments highlighting 

the difficulties of defining a single 

picture setting that exhibits the highest 

screen luminance value for all TVs. To 

mitigate this issue, DOE adopts a picture 

setting structure which defines both the 

brightest selectable preset picture 

setting within the home configuration 

and the default picture setting within 

the retail configuration. This structure is 

designed to measure the brightest 

picture setting of the TV regardless of 

whether it is in the home or retail 

configuration. Thus, DOE adopts the 

definitions for the brightest selectable 

preset picture setting and the default 

picture setting in sections 2.3 and 2.4 

respectively of Appendix H to subpart B 

of 10 CFR part 430. DOE also notes that 

the picture setting structure depicted in 

Figure 3 only applies to TVs that have 

a forced menu, rather than all TVs. For 

TVs with a forced menu, the luminance 

test measures the screen luminance of 

three defined picture settings. For TVs 

that do not have a forced menu, the 

luminance test measures the screen 

luminance of two defined picture 

settings, as shown in Figure 4. The 

adopted luminance test can be found in 

section 7.4 of Appendix H to subpart B 

of 10 CFR part 430. 

5. Definitions Incorporated by IEC 

62087 Ed. 3.0 

In the March 2013 SNOPR, DOE 

proposed that the definitions and 

configuration requirements for 

additional and special functions be 

incorporated by reference from IEC 

62087 Ed. 3.0. 78 FR 15812. Panasonic 

and Sharp agreed with these proposals, 

and therefore DOE adopts definitions for 

additional and special functions in 

sections 2.1 and 2.17 respectively of 

Appendix H to subpart B of 10 CFR part 

430 (Panasonic, No. 67 at p. 3; Sharp, 

No. 68 at p. 2). 

DOE clarifies that the definition of 

‘‘TV combination unit’’ has been 

removed as part of today’s final rule. 

This term was not used in the test 

procedure and is already included 

under the definition of additional 

functions as part of section 2.1 of 

Appendix H to subpart B of 10 CFR part 

430. CEA also recommended that this 

definition be removed (CEA, No. 72 at 

p. A–8). 

D. Measurement Equipment 

1. Power Meter Requirements 

In the January 2012 NOPR, DOE 

proposed power meter requirements 

based on section 5.1.5 of IEC 62087 Ed. 

3.0. 77 FR 2838. These requirements 

specify the type of meter, the measured 

uncertainty, and resolution of the 

measurements. DOE’s proposal differed 

from IEC 62087 Ed. 3.0 in that it 

required the sampling rate of at least 1 

measurement per second and it required 

power factor to be measured 

simultaneous to real power. DOE 

maintained this proposal in the March 

2013 SNOPR, and, in response, CEA 

commented that it agrees with these 

requirements (CEA, No. 72 at p. A–9). In 

today’s final rule, DOE adopts these 

power meter requirements as proposed 

in the March 2013 SNOPR. 

2. Luminance Meter Requirements 

In the January 2012 NOPR, DOE 

proposed requirements for luminance 

and illuminance meters under a single 

requirement for light measurement 

devices. 77 FR 2838–2839. These 

requirements included an accuracy of ± 

2% ± 2 digits of resolution, a 

repeatability of 0.4% ± 2 digits of 

resolution, and an acceptance angle of 3 

degrees or less. In response to this 

proposal, Sharp commented that it was 

in support of these tolerance 

requirements, while MEVSA and NEEA 

requested that DOE clarify these 

tolerance requirements (Sharp, No. 45 at 

p. 3; MEVSA, No. 44 at p. 29; NEEA, No. 

43 at p. 2). In the March 2013 SNOPR, 

DOE included an example in the rule 

language to clarify the accuracy 

requirement of a light measurement 

device. Additionally, DOE reevaluated 

the overall tolerance requirements and 

determined that a repeatability 

requirement may not be appropriate for 

all measurement equipment. Thus, in 

the March 2013 SNOPR, DOE removed 

the repeatability requirement. DOE also 

determined that it could be 

misinterpreted in the proposed text that 

the acceptance angle requirement 

applied to both luminance and 

illuminance meters, which was not the 

intent. Thus, DOE clarified that the 

acceptance angle requirement is only 

applicable for luminance meters. 78 FR 

15815–15816. 

In response to the March 2013 

SNOPR, Panasonic commented they 

were in support of the accuracy 

requirement. (Panasonic, No. 67 at p. 

3).Sharp also commented during the 

SNOPR public meeting that including 

both luminance and illuminance 

specifications together may be 

confusing, especially when attempting 

to make a distinction between the two 

(Sharp, No. 65 at p. 173). DOE agrees 

with these comments and separates the 

light measurement device specification 

into two individual requirements for 

luminance and illuminance meters in 

sections 3.4 and 3.5 respectively of 

Appendix H to subpart B of 10 CFR part 

430. DOE also notes that these separate 

requirements maintain the accuracy 

requirement proposed in the March 

2013 SNOPR. 

Additionally, Sharp and CEA 

commented that the acceptance angle 

specification for luminance meters 

should only apply to non-contact meters 

(Sharp, No. 68 at p. 3; CEA, No. 72 at 

p. A–10). DOE agrees with these 

comments because a contact luminance 

meter measures screen luminance while 

making contact with the screen and 

eliminates any concern with accepting 

unwanted light. DOE therefore clarifies 

that the acceptance angle specification 

for luminance meters is only applicable 


emcdonald on DSK67QTVN1PROD with RULESER25OC13.004</GPH>
63830 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

to non-contact luminance meters in 

today’s final rule. 

E. General Test Set-up 

1. Nominal Voltage and Frequency of 

the Region 

In the January 2012 NOPR, DOE 

proposed the voltage and frequency 

requirements of 115 V ± 1%, 60 Hz ± 

1%, and a total harmonic distortion 

(THD) of less than 5%. 77 FR 2838. 

Panasonic recommended that section 

5.1.1 of IEC 62087 Ed. 3.0 be referenced 

to include a voltage and frequency 

tolerance of ± 2% and a THD of less 

than 5% (Panasonic, No. 50 at p. 2). 

DOE believed that the tolerance levels 

set in the January 2012 NOPR were 

appropriate, but also agreed that 

incorporating a requirement from an 

industry test procedure would be 

beneficial. Therefore, in the March 2013 

SNOPR, DOE proposed that the voltage 

and frequency specifications be 

incorporated by reference from section 

4.3.1 of IEC 62301 Ed. 2.0. 78 FR 15815. 

Although Panasonic recommended 

incorporating section 5.1.1 of IEC 62087 

Ed. 3.0, DOE incorporated IEC 62301 

Ed. 2.0 to maintain the same 

requirements as the January 2012 NOPR. 

DOE also harmonized with IEC 62301 

Ed. 2.0 because it includes a table which 

specifies the nominal voltage and 

frequency by region to allow for 

international adoption. Additionally, 

DOE clarified that the THD requirement 

remains the same as the January 2012 

NOPR proposal, at less than 5%. 

Based on this proposal in the March 

2013 SNOPR, Sharp recommended that 

DOE use the term ‘‘rated voltage and 

frequency’’ rather than ‘‘nominal voltage 

and frequency’’ as this was the intention 

of IEC in IEC 62301 Ed. 2.0 (Sharp, No. 

68 at p. 3). DOE agrees with this 

recommendation and updates the 

voltage and frequency requirement to 

specify the rated values of the region 

and incorporates section 4.3.1 of IEC 

62301 Ed. 2.0 in section 3.1 of 

Appendix H to subpart B of 10 CFR part 

430. 

2. International Unit Harmonization 

To further harmonize with 

international standards, Sharp suggested 

that distance be measured in metric 

rather than imperial units, and offered 

a recommendation of 1.5 ± 0.1 meters 

(m) for the on mode with ABC enabled 

test set-up (Sharp, No. 68 at p. 5). DOE 

agrees with Sharp’s comment because 

using metric units will limit 

manufacturer burden when testing 

multiple procedures. DOE also agrees 

with Sharp’s distance recommendation 

of 1.5 m because it is roughly 4.92 feet 

(ft) and falls within the proposed 

tolerance for the previous 5 ft 

requirement. DOE therefore adopts the 

use of metric units for all distance 

requirements in today’s final rule. 

3. Dark Room Conditions 

In response to the January 2012 

NOPR, MEVSA recommended that DOE 

clarify dark room conditions (MEVSA, 

No. 44 at p. 2). Panasonic also noted 

that wall reflectivity of a room may play 

a role in illuminance measurements 

(Panasonic, No. 50 at p. 4). In response 

to these comments, DOE performed 

testing to help provide additional 

clarification. In the March 2013 SNOPR, 

DOE proposed a definition for a dark 

room that the room illuminance shall 

not exceed 1.0 lux (lx) measured at the 

ABC sensor. 78 FR 15813. DOE also 

proposed that the ABC sensor shall be 

at least 2 ft from any wall surface. 

Based on these requirements, CEA 

agreed with DOE’s proposal to measure 

the room illuminance at the ABC sensor 

(CEA, No. 72 at p. A–6). Sharp 

commented that the requirements for 

dark room conditions are embedded in 

the definition for a dark room (Sharp, 

No. 68 at p. 7). DOE agrees with Sharp’s 

comment and removes the definition for 

dark room in favor of a requirement for 

ambient light conditions, located in 

section 4.3 of Appendix H to subpart B 

of 10 CFR part 430. DOE clarifies that 

this change is purely stylistic and 

maintains a requirement of no more 

than 1.0 lx measured at the ABC sensor 

and that the ABC sensor shall be no less 

than 2 ft from any wall surface. DOE 

also clarifies that ‘wall surfaces’ 

specified in this requirement do not 

include the surface on which the TV 

stand rests upon nor the rear wall which 

the back of the TV faces. Panasonic 

supported this proposal (Panasonic, No. 

67 at p. 3). Additionally, based on 

comments addressed in section III.E.2, 

DOE updates the distance requirement 

in this section from 2 ft to 0.5 m to 

adhere with metric units. 

4. Automatic Brightness Control Sensor 

Configuration 

In the March 2013 SNOPR, DOE 

proposed a requirement to disable the 

ABC sensor for the luminance 

measurement. 78 FR 15832. Panasonic 

and Sharp commented that some TVs do 

not have the option to disable the ABC 

sensor from a settings menu, and should 

be disabled by directing at least 300 lx 

into the sensor (Panasonic, No. 67 at p. 

4; Sharp, No. 68 at p. 3). DOE agrees 

with these comments and clarifies in 

section 7.4.1.2 of Appendix H to subpart 

B of 10 CFR part 430 that if the ABC 

sensor cannot be disabled through a 

settings menu, at least 300 lx shall be 

directed into the ABC sensor. 

In the March 2013 SNOPR, DOE also 

proposed that at least 300 lx shall be 

directed into the ABC sensor during the 

on mode stabilization test. 78 FR 15817. 

Unlike the luminance test, DOE believes 

that the ABC sensor should not be 

disabled through the TV menu because 

it would need to be re-enabled in the 

subsequent on mode test. Sharp 

commented that saturating the ABC 

sensor by directing at least 300 lx into 

it would achieve repeatable results for 

all TVs, regardless of whether some TVs 

have the option to disable ABC through 

a settings menu (Sharp, No. 68 at p. 3). 

DOE agrees with Sharp’s comment 

because it promotes a repeatable test setup and avoids the potential for 

undesired TV menu selections. DOE 

therefore adopts an ABC configuration 

requirement that directs at least 300 lx 

shall of light into the ABC sensor for the 

on mode stabilization test in section 7.1 

of Appendix H to subpart B of 10 CFR 

part 430. 

5. Network Connection 

In the March 2013 SNOPR, DOE 

proposed a network hierarchy (see Table 

1) for the standby-active, low mode test. 

78 FR 15824. In response to this 

proposal, Panasonic and Sharp 

commented that only Wi-Fi and 

Ethernet connections are appropriate for 

network-enabled TVs (Panasonic, No. 67 

at p. 6; Sharp, No. 68 at p. 7). DOE 

reevaluated these connections and 

determined that 75-ohm coaxial cable 

and RJ–11 are commonly used for only 

hospitality TV networks and are not 

appropriate for network-enabled TV 

testing. Based on the comments by 

Panasonic and Sharp, DOE adopts a 

network connection hierarchy which 

includes only Wi-Fi and Ethernet 

connections (see Table 2) in section 

5.10.2 of Appendix H to subpart B of 10 

CFR part 430. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63831 

TABLE 1—MARCH 2013 SNOPR NETWORK CONNECTION HIERARCHY

Priority Connection type 

1 ...................... Wi-Fi (Institution of Electrical and Electronics Engineers—IEEE 802.11–20072). 

2 ...................... Ethernet (IEEE 802.3). If the TV supports Energy Efficient Ethernet (IEEE 802.3az–20103), then it shall be connected to a device that also supports IEEE 802.3az. 

3 ...................... 75-ohm Coaxial Cable. 

4 ...................... RJ–11. 

5 ...................... Other. 

TABLE 2—NETWORK CONNECTION HIERARCHY

Priority Connection type 

1 ...................... Wi-Fi (Institution of Electrical and Electronics Engineers—IEEE 802.11–20072) 

2 ...................... Ethernet (IEEE 802.3). If the TV supports Energy Efficient Ethernet (IEEE 802.3az–20103), then it shall be connected to a device that also supports IEEE 802.3az. 

Additionally, DOE clarifies that this 

network connection hierarchy shall also 

be used for on mode connections. In the 

March 2013 SNOPR, DOE did not 

explicitly state that a network shall be 

connected during on mode, and 

therefore DOE clarifies this requirement 

in section 5.10.2 of Appendix H to 

subpart B of 10 CFR part 430. Networkenabled TVs shall be connected to a 

network during on mode according to 

the network hierarchy in Table 2. 

6. Configuration of Special Functions 

During the public meeting for the 

January 2012 NOPR, the National 

Resources Defense Council (NRDC) 

brought to the Department’s attention a 

product that consumed less than 1 W of 

power in standby-passive mode, but 

when a quick start function was 

enabled, it consumed 24 W in standbypassive mode (NRDC, No. 40 at p. 4). 

The quick start function is designed to 

significantly decrease the latency 

between standby mode and on mode by 

keeping the TV in a heightened power 

state. DOE responded to this comment 

in the March 2013 SNOPR by clarifying 

that quick start is considered to be a 

special function and therefore would be 

configured as such. 78 FR 15823–15824. 

Under the special functions 

configuration requirement, if quick start 

was enabled by default it would be 

tested but if it was disabled by default 

it would not be tested. In response to 

the March 2013 SNOPR, Panasonic 

commented that they support treating 

quick start as a special function 

(Panasonic, No. 67 at p. 6). 

During the public meeting for the 

March 2013 SNOPR, NRDC clarified 

their previous comments on quick start 

by elaborating that a specific TV 

prompted the user to configure the 

quick start function from a menu, rather 

than just being embedded in a settings 

menu (NRDC, No. 64 at p. 3). By 

requesting a user response, the quick 

start function is more likely to be 

enabled by the user than if the TV is 

shipped with this function disabled. 

NEEA, Appliance Standards Awareness 

Project (ASAP), and CA IOU also 

commented that the quick start function 

should be tested (NEEA, No. 66 at p. 4; 

ASAP, No. 69 at p. 2; CA IOU, No. 71 

at p. 5). Sharp suggested language which 

would capture the power consumption 

of such functions but avoid the 

possibility of gaming menus (Sharp No. 

68 at p. 5). DOE believes that the 

presence of the quick start function in 

a user prompt changes the way a user 

will treat this function, making it more 

likely that it will be enabled. This 

scenario with the quick start function 

prompt can be expanded to other 

special functions, such as an image 

processing function that increases 

power consumption during on mode. 

Although special function setting 

options have existed in TV menus for 

some time, DOE believes it is unlikely 

that a consumer will divert from the 

default settings unless they are 

prompted by the TV. As such, DOE 

agrees with stakeholder comments and 

adopts a requirement in section 5.5 of 

Appendix H to subpart B of 10 CFR part 

430 that would configure special 

functions in the most power 

consumptive state when a configuration 

prompt is displayed. 

DOE clarifies that the selection of the 

home or retail configuration within the 

forced menu is not considered a special 

functions prompt and shall be 

configured according to the picture 

setting configuration criteria in section 

5.5 of Appendix H to subpart B of 10 

CFR part 430. Additionally, special 

functions that may be configured within 

a forced menu should be configured 

according to today’s requirement for 

special functions, which specifies that 

the most power consumptive 

configuration be selected. In this 

instance, there is no default 

configuration since the user is prompted 

to either enable or disable the function 

from a forced menu, and therefore, 

additional guidance is required to 

configure quick start or other special 

functions that are selected from a forced 

menu. In cases where it is unknown 

which configuration uses more power, 

every possible configuration is required 

to be tested. For example, in Figure 5, 

testing would not be required with Eco 

mode both enabled and disabled 

because not enabling Eco mode is 

known to consume more power. 

Similarly, if it is known that enabling a 

special function, such as quick start, is 

more power consumptive, then that 

function could be enabled without the 

need to measure the power 

consumption in each possible menu 

configuration. 


emcdonald on DSK67QTVN1PROD with RULES
63832 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

7. Video Input Device Configuration 

In the March 2013 SNOPR, DOE 

proposed that the TV shall be tested 

with a video input device of a different 

manufacturer to avoid device 

communication that can alter the power 

consumption of the TV. 78 FR 15816– 

15817. This requirement was based off 

the discovery that certain TV and Bluray disc players of the same 

manufacturer have the ability to 

communicate with one another. 

Communication between devices 

changed menu settings and resulted in 

power variations which increased the 

potential for unrepeatable results. In 

response to this proposal, CEA and 

Panasonic commented that they are in 

support of this requirement (CEA, No. 

72 at p. A–10; Panasonic, No. 67 at p. 

4). DOE believes that requiring different 

manufacturers for the TV and the video 

input device will promote a repeatable 

test procedure, and therefore DOE 

adopts the March 2013 SNOPR proposal 

for video input devices in section 3.6 of 

Appendix H to subpart B of 10 CFR part 

430. 

8. Requirements Incorporated From IEC 

62087 

In response to the January 2012 

NOPR, DOE received comment from 

Sharp recommending that DOE include 

requirements for additional and special 

functions (Sharp, No. 45 at p. 2). 

Similarly, DOE received comment from 

Panasonic and Sharp that the 

stabilization requirement from section 

11.4.2 of IEC 62087 Ed. 3.0 should be 

used to ensure that the TV reaches a 

steady power state for the on mode test 

(Panasonic No. 50 at p. 2; Sharp No. 45 

at p. 3). In the March 2013 SNOPR, DOE 

proposed general requirements for on 

mode testing by incorporating section 

11.4 of IEC 62087 Ed. 3.0. 78 FR 15832. 

Although this requirement included 

specifications for stabilization, 

additional functions, and special 

functions, DOE subsequently included 

individual references for sections 11.4.2 

(stabilization), 11.4.5 (additional 

functions), and 11.4.6 (special 

functions) in the March 2013 SNOPR to 

help clarify its position. In response to 

the March 2013 SNOPR proposals, 

Sharp commented that a frame rate 

requirement should be included that is 

compatible with the region (Sharp No. 

68 at p. 6). While reevaluating the on 

mode requirements, DOE noted that 

section 11.4 of IEC 62087 Ed. 3.0 also 

included a requirement for frame rate 

that aligned with Sharp’s 

recommendation. Based on comments 

from the January 2012 NOPR and the 

March 2013 SNOPR, DOE concluded 

that the general on mode requirements 

incorporated from section 11.4 of 

section 62087 Ed. 3.0 may have 

confused stakeholders and should be 

clarified in today’s final rule. 

DOE clarifies these requirements by 

removing the general reference to 

section 11.4 of IEC 62087 Ed. 3.0 and 

only referencing individual subsections. 

Based on comments received from the 

January NOPR and March 2013 SNOPR, 

DOE will continue to reference sections 

11.4.2 (stabilization), 11.4.5 (additional 

functions), and 11.4.6 (special 

functions) in sections 5.1, 5.4, and 7.1 

of Appendix H to subpart B of 10 CFR 

part 430. Additionally, DOE agrees with 

Sharp’s comment on video frame rate 

and incorporates section 11.4.10 (frame 

rate) by reference in section 5.8 of 

Appendix H to subpart B of 10 CFR part 

430. DOE did not receive comment on 

the remaining subsections of section 

11.4 of IEC 62087 Ed. 3.0 and therefore 

discusses the impact of these 

subsections on today’s final rule. 

Section 11.4.1 of IEC 62087 Ed. 3.0 

specifies ambient temperature for on 

mode testing. In the January 2012 

NOPR, DOE proposed these same 

requirements to align with industry 

accepted testing conditions. 77 FR 2839. 

DOE wishes to continue harmonizing 

with IEC 62087 Ed. 3.0 and therefore 

adopts section 11.4.1 of IEC 62087 Ed. 

3.0 in section 4.1 of Appendix H to 

subpart B of 10 CFR part 430. DOE 

clarifies that this reference maintains 

the same ambient temperature 

conditions proposed in the January 2012 

NOPR and March 2013 SNOPR. 

Sections 11.4.3 and 11.4.4 of IEC 

62087 Ed. 3.0 specify configuration 

requirements for low noise block power 

supplies and conditional access 

modules. These functions are not 

covered as part of this rulemaking and 

therefore do not need to be configured. 

DOE therefore does not incorporate by 

reference these sections as part of 

today’s final rule. 

Sections 11.4.7 and 11.4.8 of IEC 

62087 Ed. 3.0 specify configuration 

requirements for the ABC sensor and 

picture setting requirements. DOE has 

worked with stakeholders to fine tune 

its requirements for the ABC sensor and 

picture setting structure and believes 

that the adopted requirements ensure 

repeatable measurements. DOE therefore 

does not incorporate by reference 

sections 11.4.7 and 11.4.8 from today’s 

final rule. 

Sections 11.4.9 and 11.4.11 of IEC 

62087 Ed. 3.0 specify aspect ratio and 

sound level requirements for on mode 

testing. DOE agrees that these 

requirements contribute to a repeatable 

configuration for video and sound and 

therefore incorporates these 

requirements by reference sections 5.7 

and 5.9 of Appendix H to subpart B of 

10 CFR part 430. 

Finally, section 11.4.12 of IEC 62087 

Ed. 3.0 specifies the accuracy of input 

signal levels. This requirement is not 

appropriate for today’s test procedure 

because only video input devices such 

as Blu-ray discTM and DVD players are 

used to provide the input video signal. 

This requirement is therefore not 

incorporated by reference in today’s 

final rule. 

DOE reiterates that section 11.4 of IEC 

62087 Ed. 3.0 was originally 

incorporated by reference in the March 

2013 SNOPR for general on mode 

requirements. To clarify this 

requirement, DOE removes the general 

reference and instead incorporates the 

following individual subsections from 

11.4: 11.4.1 (environmental conditions), 


emcdonald on DSK67QTVN1PROD with RULESER25OC13.005</GPH>
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63833 

4 Jones, Keith. Further Analysis of Background 

Lighting Levels during Television Viewing. CLASP. 

March 29, 2012. http://www.clasponline.org/en/

Resources/Resources/

StandardsLabelingResourceLibrary/2012/∼/media/

Files/SLDocuments/2012/2012–3_

FurtherAnalysisOfBackgroundLighting

LevelsDuringTelevisionViewing.pdf. 

11.4.2 (stabilization), 11.4.5 (additional 

functions), 11.4.6 (special functions), 

11.4.9 (aspect ratio), 11.4.10 (frame 

rate), and section 11.4.11 (sound level). 

F. Steady State Requirement for On 

Mode Power Measurements 

In the January 2012 NOPR, DOE 

proposed a stabilization test to ensure 

that the TV has reached a steady state 

in order to produce a consistent and 

repeatable on mode power consumption 

measurement. This test required that all 

TVs display the IEC dynamic broadcastcontent video signal for a period of 1 

hour and compare each consecutive 10- 

minute segment. The TV must meet the 

stabilization criteria, incorporated from 

section 11.4.2 of IEC 62087 Ed. 3.0, that 

the final two consecutive 10-minute 

segments have a percent difference of 

less than 2%. 77 FR 2843. In response 

to this proposal, Panasonic suggested 

that the stabilization time may be 

reduced if the TV can be shown to 

stabilize in less than an hour as this is 

included in the IEC stabilization 

guidelines (Panasonic, No. 50 at p. 2). 

This would potentially reduce the 

stabilization time by up to 40 minutes, 

requiring that at least two 10-minute 

segments be compared to ensure a stable 

power measurement. DOE agreed with 

this comment, and in the March 2013 

SNOPR proposed that the stabilization 

time could be reduced to only the time 

required to meet the stabilization 

criteria. 78 FR 15817. In response to the 

March 2013 SNOPR proposal, Panasonic 

and Sharp expressed their support for 

this update (Panasonic, No. 67 at p. 4; 

Sharp, No. 68 at p. 3). In section 7.1 of 

Appendix H to subpart B of 10 CFR part 

430, DOE adopts its proposal from the 

March 2013 SNOPR that the 

stabilization period can be ended once 

the TV has met the stabilization criteria. 

G. On Mode 

In the January 2012 NOPR, DOE 

proposed that on mode be tested with 

the Blu-ray disc version of the IEC 

dynamic broadcast-content video signal 

for a duration of 10 minutes. 77 FR 

2839–2840. DOE also specified a video 

input connection hierarchy which 

tested HDMI/digital visual interface 

(DVI), video graphics array (VGA), 

component video, S-video, and 

composite video in this order of 

priority. 77 FR 2838–2839. Panasonic, 

Sharp, and MEVSA commented that 

DVI and VGA are computer inputs and 

inappropriate for testing televisions 

(Panasonic, No. 50 at p. 2; Sharp, No. 45 

at p. 6; MEVSA, No. 44 at p. 3). DOE 

agreed with these comments and 

removed DVI and VGA from the 

connection hierarchy in the March 2013 

SNOPR. 78 FR 15816. In response to 

this proposal, Panasonic and Sharp 

commented that they are in support of 

this hierarchy (Panasonic, No. 68 at p. 

3; Sharp, No. 67 at p. 4). DOE adopts the 

proposed video input connection 

hierarchy of HDMI, component video, SVideo, and composite video in section 

5.2 of Appendix H to subpart B of 10 

CFR part 430. Additionally, DOE adopts 

the use of the Blu-ray disc version of the 

IEC dynamic broadcast-content video 

signal for the test content in today’s 

final rule. 

In the March 2013 SNOPR, DOE also 

proposed that the TV be tested using the 

primary video input terminals as 

opposed to input terminals with an 

alternate designation such as ‘‘game’’ or 

‘‘DVI’’. 78 FR 15816. Panasonic and 

Sharp commented that they are in 

support of this requirement (Panasonic, 

No. 67 at p. 4; Sharp, No. 68 at p. 3). 

DOE therefore adopts this requirement 

for video input terminals in section 5.3 

of Appendix H to subpart B of 10 CFR 

part 430. 

In the March 2013 SNOPR, DOE 

required that power factor shall be 

measured and recorded for all on mode 

power measurements. 78 FR 15825. 

Panasonic recommended that the power 

factor measurement be based on a single 

measurement during the luminance test 

(Panasonic, No. 67 at p. 7). DOE believes 

that a single measurement during the 

luminance test may result in increased 

test burden and unrepeatable 

measurements as the luminance test 

displays the IEC three vertical bar signal 

for only a brief period of time and does 

not require the use of power 

measurement equipment. Measuring the 

power factor during on mode results in 

no additional test time and allows for 

multiple measurements over the 10 

minute test duration to increase 

accuracy. CA IOU supported the 

measurement of power factor and 

recommended that the CEC procedure 

be used or a method which produces an 

accurate measurement that is not 

unduly burdensome (CA IOU, No. 71 at 

p. 6). The CEC test method specifies that 

the reported value shall be the average 

value of measurements taken at an 

interval once per minute simultaneous 

to the on mode power measurement. 

DOE agrees with this method but 

believes that the sampling rate should 

be once per second to be consistent with 

the on mode power measurement. DOE 

therefore adopts a power factor 

measurement taken once per second, 

simultaneous to the on mode power 

consumption measurement in section 

3.3.2 of Appendix H to subpart B of 10 

CFR part 430. 

H. On Mode With ABC Enabled 

1. ABC Illuminance Values 

In the January 2012 NOPR, DOE 

proposed measuring the on mode power 

consumption with ABC enabled at 10, 

50, 100 and 300 lx. 77 FR 2850–2853. 

CEA, MEVSA, Panasonic, and Sharp all 

agreed with testing at four illuminance 

values but had slightly differing 

opinions on which values should be 

measured (CEA, No. 47 at p. 5; MEVSA, 

No. 44 at p. 7; Panasonic, No. 50 at p. 

5; Sharp, No. 45 at p. 4). DOE also 

evaluated research performed by the 

Collaborative Labeling and Appliance 

Standards Program (CLASP) in ‘‘Further 

Analysis of Background Lighting Levels 

during Television Viewing’’.4 Based on 

stakeholder comments and research 

performed by CLASP, DOE proposed 

values of 100, 35, 12, and 3 lx in the 

March 2013 SNOPR. 78 FR 15822– 

15823. Panasonic, Sharp, NRDC, NEEA, 

ASAP, and CA IOU all agreed with this 

proposal as they believe they are 

representative of actual TV viewing 

(Panasonic, No. 67 at p. 5; Sharp, No. 68 

at p. 5; NRDC, No. 64 at p. 1; NEEA, No. 

66 at p. 3; ASAP, No. 69 at p. 1; CA IOU, 

No. 71 at p. 3). ams AG proposed four 

different illuminance values at 5, 15, 45, 

and 100 lx, however DOE considers this 

proposal to be sufficiently close to the 

illuminance values proposed in the 

March 2013 SNOPR (ams AG, No. 70 at 

p. 3). In section 7.3.1 of Appendix H to 

subpart B of 10 CFR 430, DOE adopts 

the March 2013 SNOPR proposal of 

measuring on mode when ABC is 

enabled at 100, 35, 12, and 3 lx. 

2. Test Set-up 

In the March 2013 SNOPR, DOE 

proposed a test set-up which required 

the lamp be positioned 5 ft from the 

ABC sensor at a perpendicular angle 

and the TV be positioned no more than 

2 ft from any room surface with all 4 

corners of the TV equidistant from a 

vertical reference plan. 78 FR 15822. 

DOE also required that the illuminance 

values be obtained by varying the input 

voltage to the lamp. 78 FR 15821–15822. 

Panasonic commented that they agree 

with DOE’s proposal that the TV shall 

be aligned equidistant from a vertical 

reference plane (Panasonic, No. 67 at p. 

5). DOE adopts these test set-up 

requirements in sections 4.5, 7.3.1, and 

7.3.4 of Appendix H to subpart B of 10 


emcdonald on DSK67QTVN1PROD with RULES
63834 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

5 IR and ND Supporting Document. This material 

is available in Docket #EERE–2010–BT–TP–0026 at 

www.regulations.gov. 

CFR part 430. Additionally, as 

discussed in section III.E.2, DOE has 

updated these distance requirements to 

harmonize with international units. 

3. Infrared and Ultraviolet Blocking 

Filter 

In the March 2013 SNOPR, DOE 

proposed that the ABC test set-up use an 

infrared and ultraviolet (IR/UV) 

blocking filter to ensure that only the 

visible light spectrum enter the ABC 

sensor. 78 FR 15822. DOE proposed this 

requirement after evaluating the light 

spectrum produced by the ABC test setup. DOE found that dimming the lamp 

increases the amount of IR light 

produced even though illuminance is 

only determined by the amount of 

visible light received by the illuminance 

meter. As a result, a TV that is sensitive 

to IR light may exhibit increased power 

consumption because it senses both the 

visible and IR portions of the light. 

Alternately, TVs which use ABC sensors 

that interpret light based on the visible 

human response are not affected by the 

increased levels of IR light at low 

illuminance values. 

Based on these findings, DOE 

proposed in the March 2013 SNOPR 

that an IR/UV blocking filter be used to 

eliminate these portions of the light so 

the ABC sensor only receives light in 

the visible spectrum. In response to the 

March 2013 SNOPR, Sharp commented 

that an IR/UV blocking filter would not 

produce conditions typical of a real 

world scenario and that dimmed 

residential light has components of IR as 

well (Sharp, No. 68 at p. 4). NEEA 

commented that sunlight includes 

components of the UV spectrum and 

further justification would be needed to 

filter out this light (NEEA, No. 66 at p. 

3). DOE agrees that it is impossible to 

determine the typical light spectrum 

that consumers use to watch TV. Since 

DOE did not perform extensive testing 

using IR/UV filters, ASAP, Panasonic, 

NRDC, and CA IOU recommended that 

further testing be conducted to evaluate 

the repeatability of such filters (ASAP, 

No. 69 at p. 1; Panasonic, No. 67 at p. 

5; NRDC No. 64 at p. 1; CA IOU, No. 71 

at p. 4). DOE believes that an IR/UV 

blocking filter has the potential to make 

the test procedure more repeatable 

because small variations in light would 

have less of an impact on TV power 

consumption. However, some IR/UV 

blocking filters may block different 

wavelengths than others, resulting in 

more variation. DOE did not perform 

additional testing to determine the 

repeatability of various IR/UV blocking 

filters, because even if testing did 

produce repeatable results, it would be 

impossible to determine if the test 

wavelengths correspond to typical 

viewing conditions. 

Additionally, ams AG commented 

that while a gradual backlighting 

response to ambient light is optimal for 

a TV viewing at various room 

illuminance levels, some ABC sensors 

use a crude implementation which 

results in a poor picture quality (ams 

AG, No. 70 at p. 5). ams AG commented 

that the ABC sensor should be accurate 

at low illuminance levels by rejecting IR 

and UV light and providing a 

photometric response near to the eye 

(ams AG, No. 70 at p. 5). Ultimately, 

ams AG discouraged the use of IR/UV 

blocking filters for ABC testing (ams AG, 

No. 70 at p. 5). DOE agrees with ams 

AG’s comment and believes that 

removing the IR/UV filter requirement 

would provide manufacturers the 

incentive to update their ABC sensor 

technology. Based on these comments, 

DOE no longer believes that an IR/UV 

blocking filter would be appropriate and 

excludes this requirement in today’s 

final rule. 

4. Neutral Density Filter 

In the March 2013 SNOPR, DOE 

proposed two methods for simulating a 

3 lx illuminance value at the ABC 

sensor. The first method varied the light 

source until 3 lx was measured at the 

ABC sensor. However, the second 

method used a neutral density (ND) 

filter to uniformly block light received 

by the ABC sensor, resulting in a 3 lx 

measurement. 78 FR 15823. In the IR 

and ND filter supporting document,5

DOE testing showed that both methods 

resulted in the same power 

consumption values when used in 

conjunction with an IR/UV blocking 

filter. Alternatively, when an ND filter 

was tested without an IR/UV blocking 

filter, the TV power consumption 

varied. Now that DOE is no longer using 

the IR/UV blocking filter as part of the 

ABC test set-up, allowing two methods 

to simulate the 3 lx illuminance value 

is no longer appropriate as it would 

result in repeatability issues. 

In response to the March 2013 

SNOPR, Panasonic and Sharp expressed 

support for using the ND filter 

(Panasonic, No. 67 at p. 6; Sharp, No. 68 

at p. 5). To ensure a repeatable 3 lx 

power consumption measurement, DOE 

adopts the ND filter as the only method 

acceptable for simulating the 3 lx 

illuminance value. DOE believes this 

method is more repeatable because it 

ensures greater accuracy at low 

illuminance levels. Panasonic also 

commented that the ND filter should 

include further specification to increase 

test repeatability (Panasonic, No. 67 at 

p. 6). DOE agrees with Panasonic’s 

comment and clarifies in section 7.3.1 of 

Appendix H to subpart B of 10 CFR part 

430 that the ND filter must be a 2 F-stop 

filter which uniformly filters 75% of the 

light. 

5. Lamp Specification 

In the March 2013 SNOPR, DOE 

proposed that the lamp be a 1000-lumen 

standard spectrum halogen 

incandescent parabolic aluminized 

reflector (PAR) 30S. DOE also noted in 

the March 2013 SNOPR that standard 

spectrum is any incandescent reflector 

lamp that does not meet the definition 

of modified spectrum as defined in 10 

CFR 430.2 78 FR 15821–5822. DOE 

believes that requiring a standard 

spectrum lamp is necessary to avoid 

lamps that contain spectrum modifying 

qualities such as an IR coating. 

Although stakeholders agreed that 

these lamp requirements were helpful to 

create a repeatable test set-up, Sharp 

and Panasonic expressed concerns 

about the international availability of 

PAR 30Slamp (Panasonic, No. 67 at p. 

5; Sharp, No. 68 at p. 4). DOE evaluated 

the lamp market and reached a similar 

conclusion that the specified lamp can 

be difficult to find internationally. In 

order to maintain a repeatable lamp 

requirement, DOE updates this 

specification by using more general 

language to avoid international naming 

differences. DOE adopts a standard 

spectrum halogen incandescent 

aluminized reflector with a beam angle 

of 30 ± 10 degrees, a lamp diameter of 

95 ± 10 mm, and a center beam candle 

power (CBCP) of 1500 ± 500 candelas 

(cd). For additional clarity, DOE adds a 

note to the lamp requirements that 

lamps that contain spectrum modifying 

qualities, such as an IR coating, are not 

consider to meet a standard spectrum. 

DOE shifts away from a lumen-based 

requirement because the CBCP is a 

better approximation of the light that 

the ABC sensor receives during 

illuminance testing. The ABC sensor 

primarily receives light from the center 

beam of the lamp to determine 

illuminance values and therefore this 

rating is more representative of the 

lamp’s output under these 

circumstances. The new CBCP 

requirement corresponds to a slightly 

lower lumen range, but spot testing 

indicates that lamps within this range 

continue to meet the illuminance values 

needed for ABC testing. DOE therefore 

adopts these lamp requirements in 

section 7.3.3 of Appendix H to subpart 

B of 10 CFR part 430. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63835 

I. Luminance Test 

In the NOPR, DOE evaluated many 

different test patterns for the luminance 

test but ultimately proposed the IEC 

three vertical bar signal. 77 FR 2841– 

2842. NEEA, PG&E, Panasonic, and 

Sharp all supported the use of this test 

pattern and DOE therefore adopts the 

IEC three vertical bar signal in today’s 

final rule (NEEA, No. 43 at p. 3; PG&E, 

No. 46 at p. 3; Panasonic, No. 50 at p. 

3; Sharp, No. 45 at p. 4). 

In today’s final rule DOE adopts a 

new picture setting structure that 

measures the luminance of up to three 

picture settings. As discussed in section 

III.C.4, DOE received comments on both 

the January 2012 NOPR and the March 

2013 SNOPR that when only one highluminance picture setting is measured 

between the retail configuration and 

home configuration, there is a 

possibility that the picture setting in the 

alternate configuration is brighter. To 

resolve this issue, DOE clarifies that 

luminance shall be measured in the 

brightest selectable preset picture 

setting in the home configuration as 

well as the default picture setting within 

the retail configuration. 

DOE clarifies that certain cases may 

make measuring all three picture 

settings impossible, such as when a TV 

does not have a forced menu prompting 

the selection of either home 

configuration or retail configuration. 

Figure 4 in section III.C.4 indicates that 

only the brightest selectable preset 

picture setting and the default picture 

setting shall be measured in this case. 

DOE also identifies similar cases, such 

as when the retail configuration is no 

longer available after entering the home 

configuration or when it displays tickers 

or demos that are incapable of being 

disabled. Under these circumstances, 

only the default and brightest selectable 

preset picture settings would be 

measured within the home mode. 

With this picture setting structure, 

DOE no longer believes that a 

luminance ratio should be the output 

metric but rather that all measured 

luminance values should be recorded. 

This aligns with comments provided by 

NEEA, NRDC, and PG&E in response to 

the January 2012 NOPR, suggesting that 

DOE output the absolute luminance 

values rather than a ratio (NEEA, No. 43 

at p. 3; NRDC, No. 40 at p. 6; PG&E, No. 

46 at p. 2). 

DOE also notes that in the March 2013 

SNOPR, the brightest selectable preset 

picture setting was measured prior to 

the default picture setting, even though 

the testing order was updated so that on 

mode was tested before the luminance 

test. 78 FR 15817–15818. Because the on 

mode test is performed in the default 

picture setting, measuring the 

luminance in the default picture setting 

first would minimize unnecessary 

picture setting changes. Therefore, DOE 

clarifies, in section 7.4.1.1 of Appendix 

H to subpart B of 10 CFR part 430, that 

the screen luminance is measured in the 

default picture setting prior to 

measuring the screen luminance in the 

brightest selectable preset picture 

setting in order to decrease test burden 

and increase repeatability. 

Additionally, measuring screen 

luminance after on mode on TVs with 

ABC enabled may lead to stabilization 

issues. These TVs are tested in on mode 

at 3 lx immediately prior to the 

luminance test, at which point the ABC 

function is disabled. This transition is 

likely to cause a significant increase in 

screen luminance. Sharp and Panasonic 

commented that the TV should undergo 

a stabilization period following the on 

mode test to ensure consistent 

luminance measurements (Sharp, No. 68 

at p. 4; Panasonic, No. 67 at p. 4). DOE 

agrees with this comment and adopts a 

10-minute re-stabilization period using 

the IEC dynamic broadcast-content 

video signal in section 7.4.1.3 of 

Appendix H to subpart B of 10 CFR part 

430. 

Following the re-stabilization, the IEC 

three vertical bar signal shall be selected 

and displayed. Immediately after the 

signal is displayed on the screen, the 

luminance shall be measured to avoid 

the activation of anti-image retention 

functions. MEVSA commented on this 

language in the January 2012 NOPR and 

suggested the DOE should clarify what 

is meant by ‘‘immediately’’ (MEVSA, 

No. 44 at p. 6). Sharp also commented 

that the luminance measurement should 

be made within 30 seconds of being 

displayed (Sharp, No. 68 at p. 4). DOE 

recognizes that this measurement period 

is slightly vague and clarifies in section 

7.4.1 of Appendix H to subpart B of 10 

CFR part 430 that the measurement 

shall be made within 5 seconds of the 

IEC three vertical bar signal being 

displayed. Although Sharp suggests that 

the image can be displayed for up to 30 

seconds, DOE believes waiting such a 

long time may result in some TVs 

activating anti-image retention functions 

which affect the brightness levels, 

departing from the original intent of 

measuring the screen brightness during 

on mode. Measuring the screen 

luminance with a static image is 

currently the only way to measure 

brightness during on mode, and 

therefore should be measured as soon as 

possible to avoid the initiation of antiimage retention functions. DOE believes 

5 seconds is a reasonable amount of 

time to make a measurement and avoids 

the activation of anti-image retention 

functions. DOE also believes that this 

timeframe will allow for repeatable 

measurements without burden to 

manufacturers and test labs. 

J. Standby Mode 

In accordance with section 310 of the 

Energy Independence and Security Act 

of 2007 (EISA 2007), today’s final rule 

is required to incorporate a test for 

standby mode if it is technically 

feasible. In the January 2012 NOPR, 

DOE proposed definitions for standbyactive, high, standby-active, low, and 

standby-passive mode based on Table 1 

of IEC 62087 3.0 and adopts these 

definitions in today’s final rule. 77 FR 

2836–2837. 

At the public meeting for the March 

2013 SNOPR, it was brought to the 

Department’s attention that discrete 

modes of operation may be interpreted 

differently and therefore DOE clarifies 

the modes of operation for standby 

mode. 

1. Standby-Passive Mode 

The standby-passive mode test is 

designed to measure the power 

consumption of the TV when it is 

connected to mains power and can only 

be switched into a different mode of 

operation by an internal signal or a 

remote control unit. In the January 2012 

NOPR, DOE proposed that standbypassive mode be measured using section 

5.3.1 of IEC 62087 Ed. 2.0. 77 FR 2857. 

This requirement is adopted as part of 

today’s final rule in section 7.5.2 of 

Appendix H to subpart B of 10 CFR part 

430. 

DOE clarifies that the standby-passive 

mode test shall be conducted with the 

TV disconnected from any external 

sources, as they may be capable of 

providing an external signal capable of 

switching the TV into a different mode 

of operation. Additionally, this test can 

be conducted on all TVs regardless of 

the TV’s features and capabilities. As 

part of today’s final rule, DOE adopts 

this test to measure the power 

consumption of the TV in standbypassive mode. 

2. Standby-Active, Low Mode 

In the March 2013 SNOPR, DOE 

proposed a test to measure the power 

consumption of network-enabled TVs in 

standby-active, low mode. 78 FR 15824. 

Sharp commented that this test does not 

necessarily test standby-active, low 

mode because the TV must be able to 

switch to a different mode of operation 

through an external signal (Sharp, No. 

68 at p. 5). Sharp’s main concern was 

that a TV would only meet this 


emcdonald on DSK67QTVN1PROD with RULES
63836 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

definition if it could switch from 

standby-active, low mode to on mode by 

an external signal. DOE clarifies that 

standby-active, high mode is considered 

another mode of operation in 

comparison to standby-active, low 

mode. Thus, if an external signal can 

prompt a television to begin 

exchanging/receiving data with/from an 

external source (standby-active, high 

mode), then the TV is considered to be 

capable of switching into another mode 

of operation by an external signal. This 

TV would therefore meet the definition 

for standby-active, low mode. DOE 

believes that nearly all network-enabled 

televisions would be capable of entering 

standby-active, low mode, based on this 

definition. Figure 6 outlines a method 

for determining the test capabilities of a 

TV in standby mode. 

In the March 2013 SNOPR, DOE 

proposed a test for standby-active, low 

mode based on section 8.6.5.8 of IEC 

62087 Ed. 3.0, which measures the 

power consumption of STBs in standbyactive, low mode, and is adapted for 

TVs. 78 FR 15824. This procedure uses 

a 30-minute stabilization period 

followed by a 10-minute power 

measurement. Panasonic and Sharp 

commented that the specified 

stabilization period of 30 minutes is 

unnecessary and suggested that it be 

reduced to 10 minutes (Panasonic, No. 

67 at p. 6; Sharp, No. 68 at p. 5). 

Panasonic also commented that the 

same standby mode test should be used 

for standby-active, low and standbypassive mode (Panasonic, No. 67 at p. 

6). DOE agrees that a stabilization time 

of 30 minutes is unnecessary for this 

testing and adopts the same 

measurement procedure as standbypassive and off mode in section 7.5.3 of 

Appendix H to subpart B of 10 CFR part 

430, which is incorporated by reference 

from section 5.3.1 of IEC 62301 Ed. 2.0. 

DOE clarifies that this test requires a 

minimum of 5 minutes to stabilize the 

TV but this period may be extended for 

products that require additional time. 

3. Standby-Active, High Mode 

In the January 2012 NOPR, DOE 

proposed testing standby-active high 

mode by incorporating the CEA Test 

Procedure for Download Acquisition 

Mode (DAM) Testing from the Version 

4.1 ENERGY STAR Test Procedure for 

Televisions. 77 FR 2858. After further 

evaluation, DOE determined that the 

DAM test procedure does not accurately 

assess the power consumption of 

network-enabled TVs because this 

procedure was designed for hospitality 

TVs. DOE is not aware of any workloads 

used to simulate network traffic for 

network-enabled TVs, let alone one that 

would be comparable across all 

manufacturer platforms. Therefore, in 

the March 2013 SNOPR, DOE proposed 

to remove the test for standby-active, 

high mode altogether. Panasonic and 

Sharp supported the removal of the 

DAM test for standby-active high mode 

(Panasonic, No. 67 at p. 6; Sharp, No. 68 

at p. 5). In today’s final rule, DOE 

continues to exclude a test for standbyactive, high mode but retains the 

definition from IEC 62087 Ed. 3.0 to be 

consistent with industry procedures. 


emcdonald on DSK67QTVN1PROD with RULESER25OC13.006</GPH>
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63837 

K. Off Mode 

In the January 2012 NOPR, DOE 

proposed a definition for off mode based 

on Table 1 of IEC 62087 Ed. 3.0. 77 FR 

2836. 

During the rulemaking process, DOE 

has observed TVs that have a manual off 

switch which, by definition, places the 

TV in off mode. A test for off mode is 

technically feasible and therefore must 

be included in accordance with the 

requirements of EISA 2007. DOE adopts 

the definition for off mode in section 

2.13 and the test for off mode in section 

7.6 of Appendix H to subpart B of 10 

CFR part 430 using the definition and 

measurement procedure from IEC 62301 

Ed. 2.0 that were originally proposed in 

the January 2012 NOPR. 

L. Sampling Plan 

In the March 2013 SNOPR, DOE 

proposed a sampling plan to ensure 

consistent and repeatable results for all 

output metrics. 78 FR 15811–15812. The 

sampling plan requires that at least two 

products of a basic model be tested to 

develop a representative rating, which is 

consistent with other consumer 

products regulated under EPCA. Sharp 

recommended that instead of 

determining the confidence interval of 

two or more units, one unit should be 

randomly selected and tested (Sharp, 

No. 68 at p. 2) Sharp also expressed 

concern that using divisors of 1.05 and 

1.10 could result in conservative energy 

ratings by manufactures (Sharp, No. 68 

at p. 2). Panasonic commented that 

energy representations shall be 

performed using only one product 

(Panasonic No. 67 at. p. 2). DOE believes 

that using one product to determine an 

output metric may lead to 

unrepresentative output values. 

Variation among units within a basic 

model along with test variation is taken 

into consideration by the sampling plan, 

and is the reason that two or more 

products are used for any represented 

value. A minimum of two units are 

needed to establish a confidence level, 

which increases the accuracy of the 

represented value. Additionally, the use 

of 1.05 and 1.10 divisors allows for 

variation among units and allows 

manufacturers to accurately represent 

the efficiency of each basic model 

without the need for conservative 

representation values. DOE believes that 

the proposed sampling plan ensures an 

accurate and representative value and 

therefore DOE adopts this sampling plan 

in 10 CFR 429.25. 

M. Output Metrics 

In the January 2012 NOPR, DOE 

proposed a multiple metric output but 

also considered an annual energy 

consumption (AEC) metric. The 

proposed metrics included on mode, 

standby-active, high mode, standbypassive mode, and off mode. 77 FR 

2859. In the March 2013 SNOPR, DOE 

updated these outputs to correspond to 

test changes resulting from the new 

proposals. The proposed multiple 

metrics in the March 2013 SNOPR 

included on mode, standby-active, low 

mode, standby-passive mode, off mode, 

and AEC. 78 FR 15825–15826. One of 

the main differences between the 

January 2012 NOPR and March 2013 

SNOPR proposal was the inclusion of 

the AEC metric. In response to the AEC 

as proposed in the March 2013 SNOPR, 

CA IOU, CEA, NEEA, and NRDC 

expressed concern that the weighted 

values for the modes of operation may 

shift and no longer be representative 

(CA IOU, No. 71 at p. 6; CEA, No. 72 

at p. 7; NEEA, No. 66 at p. 5; NRDC, No. 

64 at p. 5). However, Panasonic 

supported the proposed output metrics 

(Panasonic, No. 67 at p. 6). DOE believes 

that TV viewing habits have not 

significantly changed but will closely 

monitor these trends to ensure a 

representative value for the AEC. While 

it is possible for the duty cycle to 

change, the proposed weighting will 

provide a representative AEC for 

consumers, and a consistently weighted 

metric over time allows for energy 

consumption comparisons between past 

and future TV models. DOE therefore 

adopts an AEC metric in section 8 of 

Appendix H to subpart B of 10 CFR part 

430. 

DOE believes that output values for 

on mode, standby mode, off mode, and 

AEC provide a sufficient representation 

of the TV’s power and energy usage and 

therefore adopts these metrics in today’s 

final rule. 

N. Represented Power Values 

In the March 2013 SNOPR, DOE 

proposed that the rated power 

consumption in on, standby, and off 

modes that are output from Appendix H 

to subpart B of 10 CFR part 430 shall be 

determined by first applying the 

sampling plan and statistical 

requirements proposed for 10 CFR 

429.25. The AEC metric would then be 

calculated using these rated power 

consumption values. 78 FR 15811– 

15812. Because this proposal required 

the sampling plan to be performed 

before calculating the rated power 

consumption values, multiple units 

would need to be tested to calculate and 

output the rated power consumption or 

AEC in Appendix H to subpart B of 10 

CFR part 430. In order to ensure that 

this appendix provides a methodology 

for testing and calculating the power 

consumptions and AEC of a single unit 

and that 10 CFR 429.25 provides a 

methodology for determining the 

represented rating of multiple tested 

units, DOE is altering both the sampling 

plan in 10 CFR 429.25 and outputs of 

Appendix H to subpart B of 10 CFR part 

430 as part of today’s final rule. 

Appendix H to subpart B of 10 CFR part 

430 will output the power consumption 

for each mode of operation and the AEC 

for a single tested unit. 10 CFR 429.25 

would then calculate the represented 

power values by applying the sampling 

plan and statistical requirements for 

multiple tested units. The represented 

power values would then be used to 

calculate a represented AEC. DOE is 

also adopting rounding requirements for 

all four representated values in part 429. 

DOE believes that this approach will 

provide a clearer methodology for 

testing a single unit and calculating the 

represented power values and 

represented AEC of multiple units. 

Therefore, DOE is adopting these 

requirements as part of today’s final 

rule. 

O. Annual Energy Consumption Metric 

1. On Mode 

In the March 2013 SNOPR, DOE 

proposed an on mode weighting of 5 

hours based on DOE’s analysis of 

Neilson data. 78 FR 15825–15826. Sharp 

expressed support for a 5 hour 

weighting in on mode (Sharp No. 68 at 

p. 6). DOE believes that 5 hours is a 

representative weighting for typical on 

mode usage and therefore adopts this 

AEC weighting in section 8.3 of 

Appendix H to subpart B of 10 CFR part 

430. 

2. Standby Mode 

In the March 2013 SNOPR, DOE 

proposed a weighting structure for 

standby mode that is dependent on 

whether the TV is network-enabled. 78 

FR 15825–15826. DOE clarifies that 

although most network-enabled TVs 

would meet the definition of standbyactive, low mode, having a network 

connection is not necessarily the only 

condition for this requirement. DOE 

believes that the definition for standbyactive, low mode should be used as the 

criterion to determine how the TV 

receives a standby mode weighting. If 

the TV is capable of entering standbyactive, low mode, this test is performed 

and the TV receives a 19 hour weighting 

for standby-active, low mode. Sharp 

commented that it supports a 19 hour 

weighting for standby mode (Sharp, No. 

68 at p. 6). 


emcdonald on DSK67QTVN1PROD with RULES
63838 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

6For more information visit: http://www.sba.gov. 

The size standards are available at http://

www.sba.gov/content/small-business-sizestandards. 

7Hoovers. Web 12 Dec 2011. http://

www.hoovers.com. 

NRDC expressed concern that a 19 

hour standby-active, low mode and 0 

hour standby-passive mode would 

result in unmeasured power for the 

quick start function (NRDC, No. 64 at p. 

4). NRDC also commented that the quick 

start function is independent of a 

network connection (NRDC, No. 64 at p. 

4). DOE clarifies that the power 

consumption associated with the quick 

start function will be included in both 

the standby-passive and standby-active, 

low mode metrics when available. As 

discussed in section III.E.5, this 

function will be enabled when it is 

made available through a display 

prompt regardless of the TV’s network 

connection capabilities. DOE believes 

that the adopted implementation of 

quick start will alleviate NRDC’s 

concerns for the standby mode 

weighting and, based on stakeholder 

support, DOE adopts a 19 hour standby 

mode weighting for the AEC in section 

8.3 of Appendix H to subpart B of 10 

CFR part 430. 

3. Off Mode 

In the March 2013 SNOPR, DOE 

proposed a test for off mode and a 0 

hour weighting for the AEC. 78 FR 

15825–15826. Sharp commented that 

this test should be removed because 

only a few TVs are equipped with this 

feature (Sharp, No. 45 at p. 7). To 

comply with the requirements of EISA 

2007, however, DOE is required to 

include an off mode test when it is 

technically feasible and so includes this 

test in today’s final rule. Although some 

TVs may be equipped with a manual off 

switch which is necessary for off mode, 

this feature is increasingly less 

prevalent on new TVs and when it is 

present on TVs, it is virtually never 

used. Therefore, DOE adopts a 

weighting of 0 hours in off mode in 

section 8.3 of Appendix H to subpart B 

of 10 CFR part 430. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that test 

procedure rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735 (Oct. 4, 1993). Accordingly, this 

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in OMB. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of a regulatory flexibility analysis (RFA) 

for any rule that by law must be 

proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. 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 Web site: http://energy.gov/

gc/office-general-counsel. 

DOE reviewed today’s final rule under 

the provisions of the Regulatory 

Flexibility Act and the policies and 

procedures published on February 19, 

2003. This rule prescribes a test 

procedure to be used to develop and 

implement future energy conservation 

standards for TVs. DOE certifies that 

this rule will not have a significant 

impact on a substantial number of small 

entities. The factual basis for this 

certification is as follows. 

The Small Business Administration 

(SBA) considers an entity to be a small 

business, if, together with its affiliates, 

it employs less than a threshold number 

of workers specified in 13 CFR Part 121. 

The thresholds set forth in these 

regulations are based on size standards 

and codes established by the North 

American Industry Classification 

System (NAICS).6 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 of TVs are large 

multinational corporations. To develop 

a list of domestic manufacturers, DOE 

reviewed the Hoover database 7 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 

adopted test procedure to make energy 

representations under the Federal Trade 

Commission’s (FTC) EnergyGuide 

labeling program. 76 FR 1038. DOE’s 

adopted test procedure can be 

conducted concurrently with FTC 

testing without significant additional 

burden. 

Based on the above, DOE certifies that 

today’s rule would not have a 

significant economic impact on a 

substantial number of small entities and 

has not prepared an RFA for this 

rulemaking. DOE transmitted the 

certification and supporting statement 

of factual basis to the Chief Counsel for 

Advocacy of the SBA for review under 

5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act of 1995 

There is currently no information 

collection requirement related to the test 

procedure for TVs. In the event that 

DOE proposes an energy conservation 

standard with which manufacturers 

must demonstrate compliance, DOE will 

seek OMB approval of such information 

collection requirement. 

DOE has established regulations for 

the certification and recordkeeping 

requirements for certain covered 

consumer products and commercial 

equipment. 76 FR 12422 (March 7, 

2011). The collection-of-information 

requirement for the certification and 

recordkeeping is subject to review and 

approval by OMB under the Paperwork 

Reduction Act (PRA). This requirement 

has been approved by OMB under OMB 

control number 1910–1400. Public 

reporting burden for the certification is 

estimated to average 20 hours per 

response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

As stated above, in the event DOE 

proposes an energy conservation 

standard for TVs with which 

manufacturers must demonstrate 

compliance, DOE will seek OMB 

approval of the associated information 

collection requirement. DOE will seek 

approval either through a proposed 

amendment to the information 

collection requirement approved under 

OMB control number 1910–1400 or as a 

separate proposed information 

collection requirement. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63839 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this final rule, DOE adopts a new 

test procedure for TVs. DOE has 

determined that this rule falls into a 

class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and DOE’s 

implementing regulations at 10 CFR Part 

1021. Specifically, this rule establishes 

a new test procedure without affecting 

the amount, quality or distribution of 

energy usage, and, therefore, will not 

result in any environmental impacts. 

Thus, this rulemaking is covered by 

Categorical Exclusion A5 under 10 CFR 

Part 1021, subpart D, which applies to 

any rulemaking that does not result in 

any environmental impacts. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

such regulations. 65 FR 13735. DOE 

examined this final rule and determined 

that it will not have a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. EPCA 

governs and prescribes Federal 

preemption of State regulations as to 

energy conservation for the products 

that are the subject of today’s final rule. 

States can petition DOE for exemption 

from such preemption to the extent, and 

based on criteria, set forth in EPCA. (42 

U.S.C. 6297(d)) No further action is 

required by Executive Order 13132. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this final rule 

meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

201 (codified at 2 U.S.C. 1531). For a 

regulatory action resulting in a rule that 

may cause the expenditure by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

economy. (2 U.S.C. 1532(a), (b)) The 

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirements that might 

significantly or uniquely affect small 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820; also available at http://

energy.gov/gc/office-general-counsel. 

DOE examined today’s final rule 

according to UMRA and its statement of 

policy and determined that the rule 

contains neither an intergovernmental 

mandate, nor a mandate that may result 

in the expenditure of $100 million or 

more in any year, so these requirements 

do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s final rule will not have any 

impact on the autonomy or integrity of 

the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988) that this regulation 

will not result in any takings that might 

require compensation under the Fifth 

Amendment to the U.S. Constitution. 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516 note) provides 

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

today’s final rule under the OMB and 

DOE guidelines and has concluded that 

it is consistent with applicable policies 

in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 


emcdonald on DSK67QTVN1PROD with RULES
63840 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

Today’s regulatory action to establish 

a test procedure for measuring the 

power consumption of TVs is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

a significant energy action by the 

Administrator of OIRA. Therefore, it is 

not a significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91; 42 U.S.C. 7101), DOE must comply 

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

Authorization Act of 1977. (15 U.S.C. 

788; FEAA) Section 32 essentially 

provides in relevant part that, where a 

rule authorizes or requires use of 

commercial standards, the rulemaking 

must inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Attorney General and 

the Chairman of the Federal Trade 

Commission (FTC) concerning the 

impact of the commercial or industry 

standards on competition. 

The final rule incorporates testing 

methods contained in certain sections of 

the IEC standards 60933–5 Ed. 1.0, 

62087 Ed. 3.0, and 62301 Ed. 2.0 as well 

as CEA 770.3–D, SMPTE 170M, ITU 

BT.470–6, and HDMI Version 1.0. DOE 

has evaluated these standards and is 

unable to conclude whether they fully 

comply with the requirements of section 

32(b) of the FEAA (i.e. whether it was 

developed in a manner that fully 

provides for public participation, 

comment, and review.) DOE has 

consulted with both the Attorney 

General and the Chairman of the FTC 

about the impact on competition of 

using the methods contained in these 

standards and has received no 

comments objecting to their use. 

M. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

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 September 

30, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE amends part 429 and 

430 of Chapter II of Title 10, Code of 

Federal Regulations as set forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Section 429.25 is added to read as 

follows: 

§ 429.25 Television sets. 

(a) Sampling plan for selection of 

units for testing. (1) The requirements of 

§ 429.11 are applicable to televisions; 

and 

(2) For each basic model of television, 

samples shall be randomly selected and 

tested to ensure that— 

(i) Any represented value of power 

consumption of a basic model for which 

consumers would favor lower values 

shall be greater than or equal to the 

higher of: 

(A) The mean of the sample, where: 

and x is the sample mean; n is the 

number of samples; and xi is the ith

sample; 

Or, 

(B) For on mode power consumption, 

the upper 95 percent confidence limit 

(UCL) of the true mean divided by 1.05, 

where: 

and x is the sample mean; s is the 

sample standard deviation; n is the 

number of samples; and t0.95 is the 

t-statistic for a 95% one-tailed 

confidence interval with n¥1 

degrees of freedom (from Appendix 

A of this subpart). 

And 

(C) For standby mode power 

consumption and power consumption 

measurements in modes other than on 

mode, the upper 90 percent confidence 

limit (UCL) of the true mean divided by 

1.10, where: 

and x is the sample mean; s is the 

sample standard deviation; n is the 

number of samples; and t0.90 is the 

t-statistic for a 90% one-tailed 

confidence interval with n¥1 

degrees of freedom (from Appendix 

A of this subpart). 

(ii) Any represented annual energy 

consumption of a basic model shall be 

determined by applying the AEC 

calculation in section 8.2 of Appendix 

H to subpart B of 10 CFR Part 430 to the 

represented values of power 

consumption as calculated pursuant to 

paragraph (a)(2)(i) of this section. 

(iii) Rounding requirements. The 

represented value of power 

consumption and the represented 

annual energy consumption shall be 

rounded as follows: 

(A) For power consumption in the on, 

standby, and off modes, the represented 

value shall be rounded according to the 

accuracy requirements specified in 

section 3.3.3 of Appendix H to subpart 

B of 10 CFR Part 430. 


emcdonald on DSK67QTVN1PROD with RULESer25oc13.007</GPH> er25oc13.008</GPH> er25oc13.009</GPH>
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63841 

(B) For annual energy consumption, 

the represented value shall be rounded 

according to the rounding requirements 

specified in section 8.3 of Appendix H 

to subpart B of 10 CFR Part 430. 

(b) [Reserved] 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 3. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 4. Section 430.2 is amended by: 

■ a. Removing the definitions ‘‘Color 

television set’’ and ‘‘Monochrome 

television set’’; 

■ b. Adding, in alphabetical order, the 

definitions ‘‘Component video’’, 

‘‘Composite video’’, ‘‘High-definition 

multimedia interface or HDMI®’’, and 

‘‘S-video’’; and 

■ c. Revising the definition for 

‘‘Television set’’. 

The additions and revisions read as 

follows: 

§ 430.2 Definitions. 

* * * * * 

Component video means a video 

display interface as defined in the 

Consumer Electronics Association’s 

(CEA) standard, CEA–770.3–D 

(incorporated by reference; see § 430.3). 

Composite video means a video 

display interface that uses Radio 

Corporation of America (RCA) 

connections carrying a signal defined by 

the Society of Motion Picture and 

Television Engineers’ (SMPTE) 

standard, SMPTE 170M–2004 

(incorporated by reference; see § 430.3) 

for regions that support a power 

frequency of 59.94 Hz or International 

Telecommunication Union’s (ITU) 

standard, ITU–R BT 470–6 

(incorporated by reference; see § 430.3) 

for regions that support a power 

frequency of 50 Hz. 

* * * * * 

High-definition multimedia interface 

or HDMI® means an audio and video 

interface as defined by HDMI®

Specification Informational Version 1.0 

or greater (incorporated by reference; 

see § 430.3). 

* * * * * 

S-video means a video display 

interface that transmits analog video 

over two channels: luma and chroma as 

defined by IEC 60933–5 Ed. 1.0 

(incorporated by reference; see § 430.3). 

* * * * * 

Television set or TV means a product 

designed to produce dynamic video, 

contains an internal TV tuner encased 

within the product housing, and that is 

capable of receiving dynamic visual 

content from wired or wireless sources 

including but not limited to: 

(1) Broadcast and similar services for 

terrestrial, cable, satellite, and/or 

broadband transmission of analog and/ 

or digital signals; and/or 

(2) Display-specific data connections, 

such as HDMI, Component video, Svideo, Composite video; and/or 

(3) Media storage devices such as a 

USB flash drive, memory card, or a 

DVD; and/or 

(4) Network connections, usually 

using Internet Protocol, typically carried 

over Ethernet or Wi-Fi. 

* * * * * 

■ 5. Section 430.3 is amended by: 

■ a. Redesignating paragraph (p) as (t); 

■ b. Redesignating paragraphs (n) 

through (o) as (q) through (r); 

■ c. Redesignating paragraphs (l) 

through (m) as (n) through (o); 

■ d. Redesignating paragraphs (i) 

through (k) as (j) through (l); 

■ e. Further redesignating newly 

designated paragraphs (o)(1) and (2) as 

(o)(3) and (4), respectively; 

■ f. Adding new paragraphs (i), (m), 

(o)(1), (o)(2), (p), and (s); 

■ g. Amending newly designated 

paragraph (o)(4) by adding ‘‘H,’’ after 

‘‘G,’’. 

The additions read as follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(i) CEA. Consumer Electronics 

Association, Technology & Standards 

Department, 1919 S. Eads Street, 

Arlington, VA 22202, 703–907–7600, or 

go to www.CE.org. 

(1) CEA Standard, CEA–770.3–D, 

High Definition TV Analog Component 

Video Interface, published February 

2008; IBR approved for § 430.2. 

(2) [Reserved] 

* * * * * 

(m) HDMI®. High-Definition 

Multimedia Interface Licensing, LLC, 

1140 East Arques Avenue, Suite 100, 

Sunnyvale, CA 94085, 408–616–1542, or 

go to www.hdmi.org. 

(1) HDMI Specification Informational 

Version 1.0, High-Definition Multimedia 

Interface Specification, published 

September 4, 2003; IBR approved for 

§ 430.2. 

(2) [Reserved] 

* * * * * 

(o) IEC. * * * 

(1) IEC Standard 933–5:1992, (‘‘IEC 

60933–5 Ed. 1.0’’), Audio, video and 

audiovisual systems—Interconnections 

and matching values—Part 5: Y/C 

connector for video systems—Electrical 

matching values and description of the 

connector, First Edition, 1992–12; IBR 

approved for § 430.2. (Note: IEC 933–5 

is also known as IEC 60933–5.) 

(2) IEC Standard 62087:2011, (‘‘IEC 

62087 Ed. 3.0’’), Methods of 

measurement for the power 

consumption of audio, video, and 

related equipment, Edition 3.0, 2011– 

04, Sections 3.1.1, 3.1.18, 11.4.1, 11.4.2, 

11.4.5, 11.4.6, 11.4.8, 11.4.9, 11.4.10, 

11.4.11, 11.5.5, and annexc.3; IBR 

approved for Appendix H to subpart B 

of this part. 

* * * * * 

(p) ITU. International 

Telecommunication Union, Place des 

Nations, 1211 Geneva 20, Switzerland, 

+41–22–730–5111, or go to http://

www.itu.int/en. 

(1) ITU–R BT.470–6, Conventional 

Television Systems, published 

November 1998; IBR approved for 

§ 430.2. 

(2) [Reserved] 

* * * * * 

(s) SMPTE. Society of Motion Picture 

and Television Engineers, 3 Barker Ave., 

5th Floor, White Plains, NY 10601, 914– 

761–1100, or go to http://

standards.smpte.org. 

(1) SMPTE 170M–2004, (‘‘SMPTE 

170M–2004’’), SMPTE Standard for 

Television—Composite Analog Video 

Signal—NTSC for Studio Applications, 

approved November 30, 2004; IBR 

approved for § 430.2. 

(2) [Reserved] 

* * * * * 

■ 6. Section 430.23 is amended by 

adding paragraph (h) to read as follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(h) Television sets. The power 

consumption of a television set, 

expressed in watts, including on mode, 

standby mode, and off mode power 

consumption values, shall be measured 

in accordance with sections 7.1, 7.3, and 

7.4 of appendix H of this subpart 

respectively. The annual energy 

consumption, expressed in kilowatthours per year, shall be measured in 

accordance with section 8 of appendix 

H of this subpart. 

* * * * * 

■ 7. Appendix H to subpart B of part 

430 is added to read as follows: 

Appendix H to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Power Consumption of Television Sets 

Note: After April 23, 2014, any 

representations made with respect to the 


emcdonald on DSK67QTVN1PROD with RULES
63842 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

energy use or efficiency of televisions must 

be made in accordance with the results of 

testing pursuant to this appendix. Given that 

after April 23, 2014 representations with 

respect to the energy use or efficiency of 

televisions must be made in accordance with 

tests conducted pursuant to this appendix, 

manufacturers may wish to begin using this 

test procedure as soon as possible. 

1. Scope 

This appendix covers the test requirements 

used to measure the energy and power 

consumption of television sets that: 

(i) Have a diagonal screen size of at least 

fifteen inches; and 

(ii) Are powered by mains power 

(including TVs with auxiliary batteries but 

not TVs with main batteries). 

2. Definitions and Symbols 

2.1. Additional functions shall be defined 

using the additional functions definition in 

section 3.1.1 of IEC 62087 Ed. 3.0 

(incorporated by reference, see § 430.3). 

2.2. Auxiliary Battery means a battery 

capable of powering a clock or retaining TV 

settings but is incapable of powering the TV 

to produce dynamic video. 

2.3. Brightest selectable preset picture 

setting means the preset picture setting in 

which the television produces the highest 

screen luminance within either the home or 

retail configuration. 

2.4. Default picture setting means the 

preset picture setting that the TV enters into 

immediately after making a selection from 

the forced menu. If the TV does not have a 

forced menu, this is the as-shipped preset 

picture setting. 

2.5. Forced menu means a series of menus 

which require the selection of initial settings 

before allowing the user to utilize primary 

functions. Within these menus contains an 

option to choose the viewing environment 

between retail and home configurations. 

2.6. Home configuration means the TV 

configuration selected from the forced menu 

which is designed for typical consumer 

viewing and is recommended by the 

manufacturer for home environments. 

2.7. IEC 62087 Ed. 3.0 means the test 

standard published by the International 

Electrotechnical Commission, entitled 

‘‘Methods of measurement of the power 

consumption of audio, video, and related 

equipment,’’ IEC 62087 Ed. 3.0 (incorporated 

by reference, see § 430.3). 

2.8. IEC 62087 Ed. 3.0 Blu-ray DiscTM

Dynamic Broadcast-Content Video Signal 

means the test video content published by 

the International Electrotechnical 

Commission, entitled ‘‘IEC 62087 Ed. 3.0, 

video content_BD, video content for IEC 

62087 Ed. 3.0 on Blu-rayTM Disc,’’ IEC 62087 

Ed. 3.0 (incorporated by reference, see 

§ 430.3). 

2.9. IEC 62301 Ed. 2.0 means the test 

standard published by the International 

Electrotechnical Commission, entitled 

‘‘Household electrical appliances— 

Measurement of standby power,’’ IEC 62301 

Ed. 2.0 (incorporated by reference, see 

§ 430.3). 

2.10. Illuminance means the luminous flux 

per unit area of light illuminating a given 

surface, expressed in units of lux (lx). 

2.11. Luminance means the photometric 

measure of the luminous intensity per unit 

area of light traveling in a given direction, 

expressed in units of candelas per square 

meter (cd/m2). 

2.12. Main battery means a battery capable 

of powering the TV to produce dynamic 

video without the support of mains power. 

2.13. Off mode means the mode of 

operation in which the TV is connected to 

mains power, produces neither sound nor 

picture, and cannot be switched into any 

other mode of operation with the remote 

control unit, an internal signal, or external 

signal. 

2.14. On mode means the mode of 

operation in which the TV is connected to 

mains power, and is capable of producing 

dynamic video. 

2.15. Preset picture setting means a 

preprogrammed factory setting obtained from 

the TV menu with pre-determined picture 

parameters such as brightness, contrast, 

color, sharpness, etc. Preset picture settings 

can be selected within the home or retail 

mode. 

2.16. Retail configuration means the TV 

configuration selected from the forced menu 

which is designed to highlight the TV’s 

features in a retail environment. This 

configuration may display demos, disable 

configurable settings, or increase screen 

brightness in a manner which is not desirable 

for typical consumer viewing. 

2.17. Special functions shall be defined 

using the definition in section 3.1.18 of IEC 

62087 Ed. 3.0 (incorporated by reference, see 

§ 430.3). 

2.18. Standby-passive mode means the 

mode of operation in which the TV is 

connected to mains power, produces neither 

sound nor picture, and can be switched into 

another mode with only the remote control 

unit or an internal signal. 

2.19. Standby-active, high mode means the 

mode of operation in which the TV is 

connected to mains power, produces neither 

sound nor picture, is exchanging/receiving 

data with/from an external source, and can 

be switched into another mode of operation 

with the remote control unit, an internal 

signal, or an external signal. 

2.20. Standby-active, low mode means the 

mode of operation in which the TV is 

connected to mains power, produces neither 

sound nor picture, can be switched into 

another mode with the remote control unit or 

an internal signal, and can additionally be 

switched into another mode with an external 

signal. 

2.21. Symbol usage. The following identity 

relationships are provided to help clarify the 

symbols used throughout this test procedure. 

ABC—Automatic Brightness Control 

AEC—Annual Energy Consumption 

BD—Blu-ray DiscTM

DVD—Digital Versatile DiscTM

DVI—Digital Visual Interface 

HDMI®—High Definition Multimedia 

Interface 

Lbrightest—Screen luminance in brightest 

selectable preset picture setting within the 

home configuration 

Ldefault—Screen luminance in default picture 

setting within the home configuration 

Ldefault_retail—Screen luminance in default 

picture setting within the retail 

configuration 

LAN—Local Area Network 

Pon—Power consumed in on mode 

P3—Average power consumed in on mode, 

ABC enabled, 3 lx 

P12—Average power consumed in on mode, 

ABC enabled, 12 lx 

P35—Average power consumed in on mode, 

ABC enabled, 35 lx 

P100—Average power consumed in on mode, 

ABC enabled, 100 lx 

Pstandby-passive—Power consumption in 

standby-passive mode 

Pstandby-active, low—Power consumption in 

standby-active, low mode 

Poff—Power consumption in off mode 

STB—Set-top Box 

THD—Total Harmonic Distortion 

TV—Television Set 

USB—Universal Serial Bus 

W3—Percent weighting for on mode, ABC 

enabled, 3 lx 

W12—Percent weighting for on mode, ABC 

enabled, 12 lx 

W35—Percent weighting for on mode, ABC 

enabled, 35 lx 

W100—Percent weighting for on mode, ABC 

enabled, 100 lx 

WAN—Wide Area Network 

3. Accuracy and Precision of Measurement 

Equipment 

3.1. Voltage and Frequency. Set the test 

voltage and frequency to the rated electrical 

supply values of the region in accordance 

with Table 1 in section 4.3.1 of IEC 62301 Ed. 

2.0 

3.2. Power Supply Requirements. The TV 

power use shall be measured using a power 

supply that meets the specifications found in 

section 4.3.1 of IEC 62301 Ed. 2.0 

(incorporated by reference, see § 430.3). The 

THD of the supply voltage shall not exceed 

5%, inclusive to the 13th order harmonic, 

when the unit is under test. 

3.3. Power Meter Requirements. The power 

measurement shall be carried out directly by 

means of a wattmeter, a wattmeter with 

averaging function, or a watt-hour meter by 

dividing the reading by the measuring time. 

For TVs where the input video signal varies 

over time, use a wattmeter with an averaging 

function to carry out the measurement. 

3.3.1. The sampling rate of the watt-hour 

meter or wattmeter with averaging function 

shall be one measurement per second or 

more frequent. 

3.3.2. The power measurement instrument 

shall measure and record the power factor 

and the real power consumed during all on 

mode tests at the same sampling rate. 

3.3.3. Power measurements of 0.5 W or 

greater shall be made with an uncertainty of 

less than or equal to 2 percent (at the 95 

percent confidence level). Measurements of 

power of less than 0.5 W shall be made with 

an uncertainty of less than or equal to 0.01 

W (at the 95 percent confidence level). The 

power measurement instrument shall have a 

resolution of: 

0.01 W or better for power measurements 

of 10 W or less; 

0.1 W or better for power measurements of 

greater than 10 W up to 100 W; 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63843 

1 W or better for power measurements of 

greater than 100 W. 

3.4. Luminance Meter Requirements. 

Contact or non-contact luminance meters 

shall have an accuracy of ± 2 percent ± 2 

digits of the digitally displayed value. Noncontact meters are also required to have an 

acceptance angle of 3 degrees or less. 

3.5. Illuminance Meter Requirements. All 

illuminance meters shall have an accuracy of 

± 2 percent ± 2 digits of the digitally 

displayed value. 

3.6. Video Input Device. The video input 

device (i.e. BD player) shall be capable of 

decoding a BD signal. The video input device 

manufacturer shall be different from the 

manufacturer of the TV under test to prevent 

device interaction. 

4. Test Room Set-Up 

4.1. Ambient Temperature Conditions. For 

all testing, maintain ambient temperature 

conditions in accordance with in section 

11.4.1 of IEC 62087 Ed. 3.0 (incorporated by 

reference, see § 430.3). 

4.2. Ambient Relative Humidity 

Conditions. For all testing, maintain the 

ambient relative humidity between 10 and 80 

percent. 

4.3. Room Illuminance Level. All 

luminance testing (with a non-contact meter) 

and on mode testing (with ABC enabled by 

default) shall be performed in a room which 

measures less than or equal to 1.0 lx 

measured at the ABC sensor while the TV is 

in off or a standby mode. If the TV does not 

have an ABC sensor, measure at the bottom 

center of the TV bezel. 

4.4. Installation. Install the TV in 

accordance with manufacturer’s instructions. 

4.5. TV Placement. TVs which have an 

ABC sensor enabled by default shall be 

placed at least 0.5 meters away from any wall 

surface (i.e. wall, ceiling, and floor). This 

does not include the furnishings which the 

TV may be placed on or the wall which the 

back of the TV faces. All four corners of the 

face of the TV shall be placed equidistant 

from a vertical reference plane (e.g. wall). 

5. TV and Video Signal Configuration 

5.1. Additional Functions. The TV shall be 

set up according to the requirements in 

section 11.4.5 of IEC 62087 Ed. 3.0 

(incorporated by reference, see § 430.3). 

5.2. Video Connection Priority. The TV and 

the video input device shall be connected 

using an HDMI input cable. If the TV does 

not have an HDMI input terminal, the 

specified input terminals shall be used in the 

following order: Component video, S-video, 

and Composite video. 

5.3. Input Terminal. If the TV has multiple 

input terminals of the same type (i.e. HDMI 

1, HDMI 2), testing shall only be performed 

using any input terminal designed for 

viewing live TV or dynamic content from a 

BD player or STB, not from an input 

designed for an alternative purpose. 

Examples 1 and 2 provide visual 

explanations of this requirement. 

5.4. Special Functions. The TV shall be set 

up according to the requirements in section 

11.4.6 of IEC 62087 Ed. 3.0 (incorporated by 

reference, see § 430.3). 

5.5. Special Function Configuration. If at 

any time during on mode operation a 

message prompt is displayed requesting the 

configuration of special functions, the most 

power consumptive configuration shall be 

selected. If it is unknown which 

configuration yields the most power 

consumptive state, verify the selection by 

measuring the power consumption of each 

possible configuration. 

Note: The selection of the home or retail 

configuration within the forced menu is not 

considered the configuration of a special 

function, and is therefore exempt from this 

requirement. 

5.6. On Mode Picture Setting. Ensure that 

the TV is in the default picture setting within 

the home configuration for all on mode tests. 

This picture setting shall only be changed as 

instructed by the luminance test. 

5.7. Video Aspect Ratio. The input video 

signal shall be configured in accordance with 

section 11.4.9 of IEC 62087 Ed. 3.0 

(incorporated by reference; see § 430.3) 

5.8. Frame Rate. The video frame rate shall 

be selected in accordance with section 

11.4.10 of IEC 62087 Ed. 3.0 (incorporated by 

reference; see § 430.3) 

5.9. Sound level. The TV sound level shall 

be configured in accordance with section 

11.4.11 of IEC 62087 Ed. 3.0 (incorporated by 

reference; see § 430.3) 

5.10. Network Connection Configuration. 

5.10.1. Network Connections and 

Capabilities. Network connections should be 

listed in the user manual. If no connections 

are specified in the user manual, verify that 

the TV does not have network capabilities by 

checking for the absence of physical 


emcdonald on DSK67QTVN1PROD with RULESer25oc13.010</GPH>
63844 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

connections and the absence of network 

settings in the menu. If the TV has the 

capability to be connected to a network but 

was not shipped with a required piece of 

hardware (e.g. wireless adapter), that 

connection type shall not be tested. 

5.10.2. Network Configuration. If the TV is 

network enabled, connect it to a LAN in on 

mode and prior to being placed into standby 

mode. The LAN shall allow devices to ping 

other devices on the network but will not 

allow access to a WAN. If the TV has 

multiple network connections (e.g., Wi-Fi 

and Ethernet), the TV shall be configured and 

connected to a single network source in 

accordance with the hierarchy of connections 

listed in Table 1 of this section. 

TABLE 1—NETWORK CONNECTION

HIERARCHY

Priority Network connection type 

1 ............. Wi-Fi (Institution of Electrical and 

Electronics Engineers—IEEE 

802.11–20072) 

2 ............. Ethernet (IEEE 802.3). If the TV 

supports Energy Efficient 

Ethernet (IEEE 802.3az– 

20103), then it shall be connected to a device that also 

supports IEEE 802.3az. 

6. Calculation of Average Power 

Consumption 

6.1. Average Power Calculation. For all 

tests in the on, standby-active, low, and 

standby-passive modes, the average power 

shall be calculated using one of the following 

two methods: 

6.1.1. Record the accumulated energy (Ei) 

in kilo-watt hours (kWh) consumed over the 

time period specified for each test (Ti). The 

average power consumption is calculated as 

Pi = Ei/Ti. 

6.1.2. Record the average power 

consumption (Pi) by sampling the power at 

a rate of at least 1 sample per second and 

computing the arithmetic mean of all 

samples over the time period specified for 

each test (Ti). 

The resulting average power consumption 

value for each mode of operation shall be 

rounded according to the accurary 

requirements specified in section 3.3.3 of this 

section. 

7. Test Measurements. 

7.1. On Mode Test. 

7.1.1. On Mode Stabilization. If the TV has 

an ABC sensor enabled by default, direct at 

least 300 lx into the ABC sensor. The TV 

shall be stabilized prior to testing on mode 

using the IEC 62087 Ed. 3.0 Blu-ray DiscTM

dynamic broadcast-content video signal in 

accordance with section 11.4.2 of IEC 62087 

Ed. 3.0 (incorporated by reference, see 

§ 430.3). 

7.1.2. On Mode Test for TVs without ABC 

Enabled by Default. The following test shall 

be performed if the TV is shipped with ABC 

disabled by default or the ABC function is 

unavailable. Display the IEC 62087 Ed. 3.0 

Blu-ray DiscTM dynamic broadcast-content 

video signal for one 10-minute period 

(incorporated by reference, see § 430.3). 

Measure and record the average power 

consumption value over the test duration as 

Pon. 

7.1.3. On Mode Test for TVs with ABC 

Enabled by Default. The following test shall 

be performed if the TV is shipped with ABC 

enabled by default: 

7.1.3.1. Illuminance Values. Display the 

IEC 62087 Ed. 3.0 Blu-ray DiscTM dynamic 

broadcast-content video signal for one 10- 

minute period (incorporated by reference, see 

§ 430.3) with 100 lx (± 5 lx) entering the ABC 

sensor. Measure and record the average 

power consumption value over the test 

duration as P100. Repeat the measurements 

with 35 lx (± 2 lx), 12 lx (± 1 lx), and 3 lux 

(± 1 lx) entering the ABC sensor and record 

the values as P35, P12, and P3 respectively. 

Testing shall be performed from the brightest 

to dimmest illuminance value and the values 

shall be changed by varying the input voltage 

to the light source. 

Note: The 3 lx illuminance value shall be 

simulated using a 67 mm 2 F-stop neutral 

density filter. 12 lx is measured at the ABC 

sensor prior to the application of the neutral 

density filter. 

7.1.3.2. On Mode Power Calculation. All 

illuminance values shall be weighted equally 

when calculating the on mode power for a 

TV with ABC enabled by default and shall be 

determined by the following equation: 

Pon = P100 * W100 + P35 * W35 + P12 * W12

+ P3 * W3

Where: 

W100 = W35 = W12 = W3 = 0.25 

7.1.3.3. Lamp Requirements. A standard 

spectrum, halogen incandescent aluminized 

reflector lamp with a lamp diameter of 95 

mm (±10 mm), a beam angle of 30 degrees (± 

10 degrees), and a center beam candlepower 

of 1500 cd (± 500 cd) shall be positioned in 

front of the ABC sensor so that the light is 

directed into the sensor. Note: Lamps with 

spectrum modifying qualities, such as an IR 

coating, are not considered to meet a 

standard spectrum. 

7.1.3.4. Light Source Set-up. The center of 

the lamp shall measure 1.5 m (±0.1 m) from 

the center of the ABC sensor. The light 

source shall be aligned ensuring that the 

center focal point of the lamp is 

perpendicular to the center of the ABC 

sensor. 

7.1.3.5. Illuminance Measurement. The 

room illuminance shall be measured at the 

sensor in the direction of the light source 

while the TV is on and displaying the first 

menu from the IEC 62087 Ed. 3.0 Blu-ray 

DiscTM dynamic broadcast-content video 

signal. 

7.2. Luminance Test. 

7.2.1. Luminance Test Set-up. 

7.2.1.1. Picture Setting Set-up. When 

transitioning from the on mode power 

consumption test to the luminance test, the 

TV shall remain in the default picture setting 

within the home configuration for the first 

luminance measurement. 

7.2.1.2. ABC Configuration. The ABC 

sensor shall be disabled at all times during 

the luminance test. If the ABC sensor is 

incapable of being disabled through the TV 

settings menu, direct at least 300 lx of light 

into the ABC sensor. 

7.2.1.3. Stabilization. Prior to the first 

luminance measurement, the TV must 

undergo a 10-minute re-stabilization period 

using the IEC 62087 Ed. 3.0 Blu-ray DiscTM

dynamic broadcast-content video signal. 

7.2.2. Luminance Meter Set-up. Align the 

luminance meter perpendicular to the center 

of the TV screen. If a non-contact luminance 

meter is used to measure the screen 

luminance, the luminance measurement shall 

be taken at a distance capable of meeting the 

meter specifications outlined in section 3.1.3, 

and in accordance with the meter’s user 

manual. 

7.2.3. Three Vertical Bar Signal 

Measurement. The IEC 62087 Ed. 3.0 three 

vertical bar signal found in section 11.5.5 of 

IEC 62087 Ed. 3.0 (incorporated by reference, 

see § 430.3) shall be displayed for no more 

than 5 seconds when each luminance 

measurement is taken. The luminance 

measurement taken in the default picture 

setting within the home configuration shall 

be recorded as LDefault_Home. 

7.2.4. Luminance in the Brightest 

Selectable Preset Picture Setting. Using the 

IEC 62087 Ed. 3.0 three vertical bar signal, 

determine the brightest selectable preset 

picture setting within the home 

configuration. Measure and record the screen 

luminance in the brightest selectable preset 

picture setting as LBrightest_Home. 

7.2.5. Retail Configuration Luminance 

Measurement. If the TV has a retail 

configuration and the retail configuration is 

acceptable for making a luminance 

measurement, measure and record the screen 

luminance in the default picture setting 

within the retail configuration as LDefault_Retail.

A retail configuration is considered 

acceptable for a luminance measurement if 

the TV does not display a demo or ticker 

which alters the screen content, or if such 

features are present, they must be capable of 

being disabled for the entire re-stabilization 

period and measurement. 

7.3. Standby Mode Test. 

7.3.1. Video Input Device. The video input 

device shall be disconnected from the TV for 

all testing in standby mode. 

7.3.2. Standby-Passive Mode. The standbypassive mode test shall be performed 

according to section 5.3.1 of IEC 62301 Ed. 

2.0 (incorporated by reference, see § 430.3). 

Measure and record the average power 

consumption value over the test duration as 

Pstandby-passive. 

7.3.3. Standby-Active, Low Mode. The 

standby-active, low mode shall only be tested 

if the TV is capable of connecting to a 

network and is capable of entering this mode 

of operation. The standby-active, low mode 

test shall be performed according to section 

5.3.1 of IEC 62301 Ed. 2.0 (incorporated by 

reference, see § 430.3). Measure and record 

the average power consumption value over 

the test duration as Pstandby-active,low. 

7.4. Off Mode Test. 

7.4.1. The off mode test shall be performed 

according to section 5.3.1 of IEC 62301 Ed. 

2.0 (incorporated by reference, see § 430.3). 

Measure and record the average power 

consumption value over the test duration as 

Poff. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63845 

8. Annual Energy Consumption 

8.1. Input Value. The annual energy 

consumption (AEC) of the TV shall be 

calculated using on mode, standby mode, 

and off mode power consumption values as 

measured pursuant to section 7.1, 7.3, and 

7.4 respectively. 

8.2. Rounding. Calculate the AEC of the TV 

using the equation below. The calculated 

AEC value shall be rounded as follows: 

If the calculated AEC value is 100 kWh or 

less, the rated value shall be rounded to the 

nearest tenth of a kWh; 

If the calculated AEC value is greater than 

100 kWh, the rated value shall be rounded 

to the nearest kWh. 

8.3. Calculations. Express the AEC in kWh 

per year, according to the following: 

AEC = 365 * (Pon * Hon + Pstandby-active, low * 

Hstandby-active, low + Pstandby-passive * 

Hstandby-passive + Poff * Hoff)/1000 

Where: 

Pm = power measured in a given mode m 

(in Watts) 

Hm = hours per day spent in mode m 

365 = conversion factor from daily to 

yearly 

1000 = conversion factor from watts to 

kilowatts 

Values for Hm (in hours/day) are specified 

in Table 2 of this section: 

TABLE 2—HOURLY WEIGHTINGS

Standby-active, low mode Hon Hstandby-active,

low Hstandby-passive Hoff

Yes ................................................................................................................... 5 19 0 0 

No .................................................................................................................... 5 0 19 0 

[FR Doc. 2013–24346 Filed 10–24–13; 8:45 a.m.] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–0774; Special 

Conditions No. 25–497–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplanes; Isolation or 

Airplane Electronic System Security 

Protection From Unauthorized Internal 

Access 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special condition; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Embraer S.A. Model 

EMB–550 airplane. This airplane will 

have a novel or unusual design feature 

associated with connectivity of the 

passenger domain computer systems to 

the airplane critical systems and data 

networks. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: The effective date of these 

special conditions is October 25, 2013. 

We must receive your comments by 

December 9, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2013–0774 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 8 

a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http:// 

DocketsInfo.dot.gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Varun Khanna, FAA, Airplane and 

Flight Crew Interface Branch, ANM– 

111, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue SW., Renton, Washington 

98057–3356; telephone 425–227–1298; 

facsimile 425–227–1149. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

unnecessary because the substance of 

these special conditions has been 

subject to the public comment process 

in several prior instances with no 

substantive comments received. The 

FAA therefore finds that good cause 

exists for making these special 

conditions effective upon publication. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive by the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On May 14, 2009, Embraer S.A. 

applied for a type certificate for their 

new Model EMB–550 airplane. The 

Model EMB–550 airplane is the first of 

a new family of jet airplanes designed 

for corporate flight, fractional, charter, 

and private owner operations. The 

aircraft has a conventional configuration 

with low wing and T-tail empennage. 

The primary structure is metal with 

composite empennage and control 

surfaces. The Model EMB–550 airplane 

is designed for 8 passengers, with a 

maximum of 12 passengers. It is 

equipped with two Honeywell 

HTF7500–E medium bypass ratio 

turbofan engines mounted on aft 


emcdonald on DSK67QTVN1PROD with RULES