This document, concerning the Proposed Determination of Set-Top Boxes and Network 

Equipment as a Covered Consumer Product, is a rulemaking action issued by the Department of 

Energy. Though it is not intended or expected, should any discrepancy occur between the 

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

publication controls. This document is being made available through the Internet solely as a 

means to facilitate the public's access to this document.
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[6450-01-P]

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE-2010-BT-DET-0040] 

RIN: 1904-AC52 

Energy Conservation Program: Proposed Determination of Set-Top Boxes and Network 

Equipment as a Covered Consumer Product 

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. 

ACTION: Proposed determination; withdrawal. 

SUMMARY: The U.S. Department of Energy (DOE) withdraws a proposed determination 

published June 15, 2011 that set-top boxes (STBs) and network equipment qualify as a covered 

product under Part A of Title III of the Energy Policy and Conservation Act (EPCA), as 

amended. DOE is taking this action in light of a consensus agreement entered by a broadly 

representative group that DOE believes has the potential to achieve significant energy savings in 

STBs. 

EFFECTIVE DATE: The proposed determination is withdrawn [INSERT DATE OF 

PUBLICATION IN THE FEDERAL REGISTER].

FOR FURTHER INFORMATION CONTACT: 
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Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and 

Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue, SW, 

Washington, DC, 20585-0121. Telephone: (202) 586-9870. E-mail: 

Jeremy.Dommu@ee.doe.gov.

Ms. Celia Sher, U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 

Independence Avenue, SW, Washington, DC, 20585-0121. Telephone: (202) 287-6122. E-mail: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION:

I. Authority 

Title III of EPCA (42 U.S.C. 6291, et seq.) sets forth a variety of provisions designed to 

improve energy efficiency. Part A of Title III of EPCA (42 U.S.C. 6291–6309) established the 

“Energy Conservation Program for Consumer Products Other Than Automobiles,” which covers 

consumer products and certain commercial products (hereafter referred to as “covered 

products”).1 In addition to specifying a list of covered residential and commercial products, 

EPCA contains provisions that enable the Secretary of Energy to classify additional types of 

consumer products as covered products. (42 U.S.C. 6292(a)(20)) DOE may prescribe test 

procedures for any product it classifies as a “covered product.” (42 U.S.C. 6293(b))

II. Background

 

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For editorial reasons, upon codification in the U.S. code, Part B was re-designated Part A.
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On June 15, 2011, DOE published a notice of proposed determination that tentatively 

determined that STBs and network equipment qualify as a covered product. 76 FR at 34914. 

Subsequently, DOE initiated the rulemaking process to establish a test procedure for STBs. 

First, DOE issued a request for information document on December 16, 2011, requesting 

stakeholders to provide technical information regarding various test procedures used by industry 

to measure the energy consumption of STBs and network equipment. 76 FR at 78174. DOE 

then published a notice of proposed rulemaking (NOPR) on January 23, 2013 to establish a new 

test procedure focused exclusively on STBs. 78 FR 5076. DOE held a public meeting and 

requested stakeholder comments on all aspects of the NOPR. 

III. Discussion

In September, 2013 a broadly representative group of Pay-TV, consumer electronics 

industries and energy advocates announced a Voluntary Agreement for Ongoing Improvement to 

the Energy Efficiency of Set-Top Boxes (Agreement).2 The Agreement established a five-year 

written commitment to continue improvements in the energy efficiency of STBs used in the 

distribution of digital video signals. Under the terms of the Agreement, it is predicted that 

consumers will realize significant annual residential electricity savings. DOE encourages the 

development of market-based solutions, such as the Agreement. DOE also recognizes that there 

are multiple paths forward to ensure that the maximum economic benefits and energy savings 

occur through increasing the efficiency of STBs. DOE believes that the Agreement has the 

potential to achieve significant energy savings in STBs. Thus, in light of the newly adopted 

Agreement, DOE withdraws its proposed rule to determine STBs and network equipment as a 

covered product. DOE notes that it will continue to monitor the STB market closely and would 

 

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http://www.ncta.com/energyagreement
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consider reinitiating the rulemaking if it was found that the energy efficiency gains for STBs and 

consumer savings envisioned in the Agreement were not being realized.