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 th e document published in the Federal Register , the Federal Register publication controls. Th is document is being made available through the Internet solely as a means to facilitate the public's access to this document.1 [6450-01 - P] DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE-201 0 -B T -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EFFECTIVE DATE: The proposed determination is withdrawn [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]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:2

Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies O ffice , 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 “E nergy Conservation Program for Consumer Products Other Than Automobiles,” which covers consumer products and certain commercial products (hereafter referred to as “covered products”). 1 In addition to specifying a list of covered residential and commercial products, EPCA contains provisions that enable the Secretary of Energy to classify additional types of consumer products as covered products. (42 U.S.C. 6292(a)(20)) DOE may prescribe test procedures for any product it classifies as a “covered product.” (42 U.S.C. 6293(b))

II. Background

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

- designated Part A.3

On June 15, 2011, DOE published a notice of proposed determination that tentatively determined that STBs and network equipment qualify as a covered produ ct. 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 v arious 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 o n 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 Volunt ary 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 sign als. 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 s olutions, such as the Agreement . DOE also recognizes that there are mul tiple 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 new ly 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

2 http://www.ncta.com/energyagreement4

consider reinitiating the rulemaking if it was found that the e nergy efficiency gains for STBs and consumer savings envisioned in the Agreement were not being realized.