[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Proposed Rules]
[Pages 2830-2866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-687]



[[Page 2829]]

Vol. 77

Thursday,

No. 12

January 19, 2012

Part III





Department of Energy





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10 CFR Part 430





 Energy Conservation Program: Test Procedure for Television Sets; 
Proposed Rule

Federal Register / Vol. 77 , No. 12 / Thursday, January 19, 2012 / 
Proposed Rules

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2010-BT-TP-0026]
RIN 1904-AC29


Energy Conservation Program: Test Procedure for Television Sets

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Energy (DOE) proposes to establish a 
new test procedure for television sets (TVs). DOE repealed the prior 
Federal test procedure for TVs on October 20, 2009, due to petitions 
from the California Energy Commission (CEC) and the Consumer 
Electronics Association (CEA). CEC and CEA petitioned for the repeal in 
light of the June 13, 2009, Federal Communications Commission (FCC) 
transition from analog to digital broadcast transmissions for TVs. In 
their petitions, the CEC requested repeal of the regulatory provisions 
establishing the test procedure and defining ``television set,'' and 
the CEA petitioned for DOE's adoption of the International 
Electrochemical Commission's (IEC's) test procedure IEC Standard 62087-
2008, ``Methods of measurement for the power consumption of audio, 
video and related equipment.'' DOE is proposing a new test procedure 
for TVs that was developed from existing industry test procedures 
including those by IEC, Environmental Protection Agency (EPA), and CEA. 
Additionally, DOE will hold a public meeting to receive and discuss 
comments on the proposal.

DATES: DOE will hold a public meeting on a date that is to be 
determined, from 9 a.m. to 4 p.m., in Washington, DC. Once a public 
meeting date is selected, that date can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html. The meeting will also be broadcast as a webinar. See section 
V, ``Public Participation,'' for webinar registration information, 
participant instructions, and information about the capabilities 
available to webinar participants.
    DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking (NOPR) before and after the public 
meeting, but no later than April 3, 2012. See section V, ``Public 
Participation,'' for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, 
DC 20585. To attend, please notify Ms. Brenda Edwards at (202) 586-
2945. Please note that foreign nationals visiting DOE Headquarters are 
subject to advance security screening procedures. Any foreign national 
wishing to participate in the meeting should advise DOE as soon as 
possible by contacting Ms. Brenda Edwards at (202) 586-2945 to initiate 
the necessary procedures.
    Any comments submitted must identify the Notice of Proposed 
Rulemaking (NOPR) for the TV Test Procedure, and provide docket number 
EERE-2010-BT-TP-0026 and/or regulatory information number (RIN) number 
1904-AC29. Comments may be submitted using any of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#ffab9a939a89968c9690918cd2cdcfcecfd2abafd2cfcfcdc9bf9a9ad19b909ad1989089"><span class="__cf_email__" data-cfemail="0c586960697a657f6563627f213e3c3d3c21585c213c3c3e3a4c696922686369226b637a">[email protected]</span></a>. Include the docket 
number EERE-2010-BT-TP-0026 and/or RIN 1904-AC29 in the subject line of 
the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V, ``Public 
Participation,'' of this document.
    Docket: The docket is available for review at regulations.gov, 
including Federal Register notices, framework documents, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    A link to the docket web page may be found at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html. 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. See section V for information on how to 
submit comments through regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Victor Petrolati, 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) 586-2192. Email: 
<a href="/cdn-cgi/l/email-protection#42142b21362d306c122736302d2e23362b0227276c262d276c252d34"><span class="__cf_email__" data-cfemail="06506f657269742856637274696a67726f4663632862696328616970">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#0a496f66636b2459626f784a627b246e656f246d657c"><span class="__cf_email__" data-cfemail="1053757c79713e437875625078613e747f753e777f66">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
    A. General
    B. Test Procedure Rulemaking Process
    C. Rulemaking Background
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
    A. Effective Date and Compliance Date of Test Procedure
    B. Existing Television Test Procedures
    C. Scope
    1. Products Covered by This Rulemaking
    2. Definition of Television Sets
    3. Other Definitions
    a. Definitions Incorporated From IEC 62087-2011
    b. Definitions Incorporated From ENERGY STAR v. 5.3
    c. New Definitions for Incorporation
    D. Testing Conditions and Instrumentation
    1. Accuracy and Precision of Measurement Equipment
    a. Power Supply
    b. Power Meter
    c. Light Measurement Devices
    2. Test Room and Set-Up Criteria
    a. Dark Room Conditions
    b. Ambient Temperature and Humidity
    c. Signal Source and Generation
    E. Test Measurements
    1. Picture Settings To Test
    2. Testing Order
    3. Luminance
    a. Warm-Up and Stabilization
    b. Method for Testing Luminance
    c. Video Signals
    d. Number of Luminance Measurements
    e. Measurement Distances and Angles for Luminance Testing
    4. On Mode
    a. IEC 62087-2011 Dynamic Broadcast-Content Video Signal
    b. Testing of Television Sets Shipped With Automatic Brightness 
Control Enabled
    c. Television Sets Shipped Without Automatic Brightness Control 
Enabled
    d. Three Dimensional Display Testing
    5. Standby and Off Modes
    a. Additional Functions
    b. Power Saving Technologies
    c. Standby Modes

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    d. Off Mode
    6. Energy Efficiency Metric(s) for Televisions
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
V. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

A. General

    Title III of the Energy Policy and Conservation Act (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 Energy Independence 
and Security Act of 2007 (EISA 2007), Public Law 110-140 (Dec. 19, 
2007)). Part B of Title III (42 U.S.C. 6291-6309), which was 
subsequently redesignated as Part A for editorial reasons, establishes 
the ``Energy Conservation Program for Consumer Products Other Than 
Automobiles.'' This includes television sets (TVs), the subject of this 
notice. (42 U.S.C. 6292(a)(12))
    Under EPCA, this program consists essentially of three parts: (1) 
Testing, (2) labeling, and (3) Federal energy conservation standards. 
The testing requirements consist of test procedures that manufacturers 
of covered products must use (1) as the basis for certifying to DOE 
that their products comply with the applicable energy conservation 
standards adopted under EPCA, and (2) for making representations about 
the efficiency of those products. Similarly, DOE must use these test 
requirements to determine whether the products comply with any relevant 
standards promulgated under EPCA.

B. Test Procedure Rulemaking Process

    In 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE 
must follow when prescribing or amending test procedures for covered 
products. Specifically, if DOE determines that a test procedure should 
be prescribed or amended, it must publish the proposed test procedure 
in the Federal Register and give interested parties an opportunity to 
provide public comment on the procedures. (42 U.S.C. 6293(b)(2)) EPCA 
also provides that the test procedure 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))
    EISA 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 the product covered by this 
rulemaking. In response to this requirement, DOE proposes adopting 
provisions in the test procedures to address standby and off mode as 
discussed in section III.E.5 of this proposed rulemaking.

C. Rulemaking Background

    DOE adopted a test procedure for TVs on June 29, 1979, codified at 
10 CFR part 430, subpart B, appendix H. 44 FR 37938. In May 2008, DOE 
received petitions from both the California Energy Commission (CEC) and 
the Consumer Electronics Association (CEA), which were drafted in light 
of the June 13, 2009, Federal Communications Commission (FCC) 
transition from analog to digital broadcast transmissions for TVs.\1\ 
As of June 12, 2009, the Digital Transition and Public Safety Act of 
2005 required that all broadcasting stations transmit in digital to 
make analog frequencies available for public safety communications.\2\ 
Both the CEC and the CEA petitioned for repeal of the regulatory 
provisions establishing the test procedure. CEC's petition stated that 
the old test procedure was not capable of accurately measuring the 
energy consumption of modern TVs because TV broadcasting is no longer 
transmitted via an analog signal.\3\ In addition, the CEA petitioned 
for DOE's adoption of the International Electrochemical Commission's 
(IEC) test procedure IEC 62087-2008, ``Methods of measurement for the 
power consumption of audio, video and related equipment.'' 74 FR 53641. 
In light of these petitions, and the fact that the previous test 
procedure was largely obsolete for today's products because of the 
mandated transition from analog to digital signal transmission, DOE 
repealed the test procedure on October 20, 2009. The test procedure DOE 
is proposing today seeks to rectify the problem with the old test 
procedure by allowing for accurate measurement of the energy 
consumption of modern TVs.
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    \1\ Energy Conservation Program: Repeal of Test Procedures for 
Televisions. 74 FR 53640 http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/74fr53640.pdf.
    \2\ Digital transition mandated by Public Safety Act of 2005 
http://www.fcc.gov/cgb/consumerfacts/digitaltv.html.
    \3\ Chamberlain, William M., ``Petition of the California Energy 
Commission to Repeal the Test Method for Television Sets in 10 CFR. 
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.
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    DOE notes that the National Technology Transfer and Advancement Act 
of 1995 (Pub. L. 104-113) directs Federal agencies to use voluntary 
consensus standards in lieu of Government standards whenever possible. 
Consequently, as described in today's NOPR, DOE incorporates by 
reference in its test procedures the generally accepted test procedures 
or recognized industry standards, such as those issued by the IEC, the 
Environmental Protection Agency (EPA), or the CEA, that provide either 
specific aspect(s) of the test procedure, or complete test procedures, 
for the specified modes.
    As the first step in this rulemaking to establish a new test 
procedure, DOE published a Request for Information on September 3, 
2010, 75 FR 54048, (the 2010 RFI) requesting stakeholders to provide 
information and views on DOE utilizing both the IEC 62087-2008 and the 
ENERGY STAR Program Requirements for Televisions, Version 4.1 (ENERGY 
STAR v. 4.1) as reference standards for the basis of a new DOE test 
procedure.\4\ DOE also solicited

[[Page 2832]]

comments on the key issues affecting the development of a new test 
procedure including the following:
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    \4\ When the RFI was published, the most current version of 
EPA's test procedure was ENERGY STAR v. 4.1 and the most recent 
version of the IEC-62087 was 2008. Since then, EPA has published an 
updated version, ``ENERGY STAR Program Requirements for Televisions, 
Version 5.3'' and the IEC has published an updated version, ``IEC 
62087-2011.''
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    (1) An appropriate method for ensuring screen brightness,
    (2) Utilizing the nine point video signal,
    (3) An appropriate method for measuring screen luminance,
    (4) Requiring testing on all preset viewing modes,
    (5) Testing multiple illuminance levels (specifically 10, 100, 150, 
and 200 lux),
    (6) An appropriate method for generating illuminance,
    (7) The best possible signal source and connection to that signal 
source,
    (8) An appropriate stabilization time for luminance and power 
measurements,
    (9) An appropriate method of testing 3D energy consumption,
    (10) Measuring download acquisition mode (DAM) power,
    (11) Measuring internet connectivity power,
    (12) Measuring power saving technology energy (including presence 
sensors, display power management systems (DPMS), and high-definition 
multimedia interface consumer electronic controls (HDMI-CEC)), and
    (13) The scope of coverage for the rulemaking. 75 FR 54048.

II. Summary of the Notice of Proposed Rulemaking

    In today's NOPR, DOE is proposing a new test procedure for 
determining the energy use of TVs. The proposed test procedure includes 
measuring screen luminance and testing energy consumption for active 
(on mode), standby, and off modes.
    The luminance test is proposed to be performed by measuring the 
screen luminance while the TV is displaying the IEC 62087-2011 three 
bar video signal in both the home and retail picture settings. The 
luminance test is being proposed to allow the ENERGY STAR program to 
utilize the measurement. The on mode test will measure on mode energy 
consumption when the TV is displaying the IEC 62087-2011 dynamic 
broadcast-content video signal. If the TV is shipped with an automatic 
brightness control (ABC) sensor enabled by default, on mode will be 
tested at various room illuminance levels. If the TV does not have an 
ABC sensor or the sensor is disabled by default, the test would be 
performed while the TV is in the home picture setting.
    DOE's proposed standby test procedure incorporates both IEC 62087-
2011 ``Methods of measurement for the power consumption of audio, video 
and related equipment'' and the CEA ``Procedure for DAM Testing: For 
TVs'' (CEA DAM test procedure). DOE's proposed off mode test procedure 
incorporates IEC 62087-2011.
    Although DOE is aware of TVs with additional modes, DOE is not 
proposing to require testing these, but rather is simply considering 
these modes and requesting comment on them. These modes include:

(1) On mode tests for TVs with internet connectivity;
(2) 3D mode, if capable; and
(3) Standby-active, low mode (when the internet is enabled but the TV 
is in standby, and the TV is not sending or receiving external data, 
for those TVs with internet access).

    To supports its efforts in developing a Federal test procedure, DOE 
conducted various tests, the results of which can be found on the DOE 
Web site.\5\ The information found on the DOE Web site helps support 
this NOPR by providing additional data and clarification. DOE conducted 
testing at two different testing facilities and therefore some of the 
data is organized according to where that data was collected. The data 
from test facility one is denoted with numerical values, while the data 
from test facility two is denoted with alphabetical letters. The test 
facilities were determined to produce similar results as indicated in 
the Round Robin Test Program Final Report for Televisions. This 
information, found on the DOE Web site,\6\ includes the following:
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    \5\ The DOE Web site: Appliance and Commercial Equipment 
Standards: Television Sets. U.S. Department of Energy. August 2, 
2011. http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html.
    \6\ Id.
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    (1) Television Test Procedure Comparison Chart which compares key 
aspects of various TV standards including IEC 62087-2011, CEA 2037-
2010, ENERGY STAR version 5.1, CEC, BS EN 62087 ``Methods of 
measurement for the power consumption of audio, video, and related 
equipment'', and EN 62087 ``Methods of measurement for the power 
consumption of audio, video, and related equipment''.
    (2) Video Signal of Test Patterns Comparison Table which compares 
the different advantages and disadvantages of particular video signals 
including the 3-bar, 9-point, DOE 5-point, and dynamic video signals. 
DOE assessed these video signals based on their availability, impact on 
average picture level (APL), affect on power limiting, and interested 
party input among other features.
    (3) Room Illuminance Measurements During TV Viewing: Pilot Study 
which summarizes a pilot study that DOE conducted to continuously 
measure room illuminance in nine homes over a period of a week or more 
as well as taking discrete one-off measurements at different locations 
in the room. This document also sets out the detailed methodology that 
DOE used for its pilot study.
    a. Room Illuminance Measurements During TV Viewing: Pilot Study 
Data which includes the source data which was analyzed to develop the 
conclusions in the pilot study.
    (4) Round Robin Test Program Final Report for Televisions that 
summarizes a round robin test study to assess the repeatability and 
reproducibility of TV energy test results. This round robin study 
utilized the ENERGY STAR version 5.1 test procedure across three labs 
and compares their results.
    (5) Television Energy and Luminance Test Data Set which includes 
the energy and luminance data for all of the TVs on which DOE conducted 
testing.
    (a) Television Luminance Data which includes test results for 
luminance testing using the 9-point (both perpendicular and off-axis 
measurements), 5-point Video Electronics Standards Association (VESA), 
and DOE 5-point video signals. DOE conducted luminance testing based on 
the ENERGY STAR version 5.1 test procedure but altered the video signal 
to determine which video signal was most appropriate. DOE used the 3-
bar static video signal specified in IEC 62087 Ed. 2.0 as well as the 
9-point, VESA 5-point, and DOE 5-point video signals as specified in 
this NOPR.
    (b) Television Luminance Stabilization Period Data which includes 
graphs indicating how TV screen luminance changes over time and with 
respect to different stabilization periods. DOE took measurements of 
screen luminance after different stabilization periods to determine the 
most appropriate method for conducting luminance testing. DOE initially 
warmed-up the TVs using the method from IEC 62087-2011 and then 
displayed the video signal for 15 minutes to conduct the luminance 
measurement. The second luminance measurement was taken after a 10 
minute warm-up period followed by 2 minutes of a black screen. DOE 
tested this stabilization period for both the IEC 3-bar and 9-point 
video signals.

[[Page 2833]]

    (c) Television Power Data that includes test results for power 
consumption testing while TVs are in various different modes. DOE 
conducted this testing according to the ENERGY STAR version 5.1 test 
method, but adjusted specific aspects on the TV to determine the energy 
consumption associated with that particular feature including volume, 
ABC, and internet connectivity.
    (d) Television Internet Standby Data which is comprised of data 
indicating the energy consumption when TVs are in standby mode and 
connected to various external sources including HDMI, cable, Ethernet, 
and wireless internet. DOE conducted power consumption testing 
according to the ENERGY STAR v. 5.3 standby test procedure while 
alternating the specific internet connections present on the TV.
    (e) Television 9-point Video Signal Comparison Data that includes 
data depicting the difference between perpendicular and off-axis 
measurements while the TV is displaying the 9-point video signal. 
Luminance results were collected according to the ENERGY STAR version 
5.1 test procedure, except that DOE altered the video signal to the 9-
point video signal specified in this NOPR.
    (f) Television On Mode Automatic Brightness Control Data which 
includes the power and luminance data for TVs tested by DOE with ABC 
enabled by default across various room illuminance levels. A PowerPoint 
which charts some of this data is also included to demonstrate the 
range of implementation of ABC among TVs tested by DOE. DOE conducted 
power consumption testing according to the ENERGY STAR v. 5.3 (with 
additional room lighting levels) using the IEC dynamic test clip 
specified in IEC 62087 Ed. 2.0. Luminance results were collected 
according to the ENERGY STAR version 5.1 test procedure, using the 3-
bar static test pattern specified in IEC 62087 Ed. 2.0.
    (g) Television Download Acquisition Mode Data which includes data 
indicating the energy consumption associated with DAM mode. DOE 
conducted this testing on two TVs by configuring the internal 
electronic program guide (not enabled by default) and connecting to a 
subscription cable service by (1) coaxial cable only, (2) Ethernet only 
and (3) cable and Ethernet together. Results over a 24 hour period were 
recorded and charted for each connection configuration.
    (h) Television 3D Mode Data that contains data as to TV energy 
consumption while in various 3D modes. This testing was conducted on 
five TVs under the following modes: When the TV is displaying a 3D 
video signal, when the TV is up-converting a 2D video signal to 3D, and 
when the TV is receiving a video signal from a Blu-ray player that has 
up-converted a 2D video signal to 3D.
    DOE believes that the proposed test procedure will accurately 
represent the energy consumption of TVs by capturing the annual energy 
consumption in on mode, standby mode, and off mode. However, DOE 
requests comments from interested parties on improvements or changes to 
the proposed test procedure. DOE will consider modifications that 
improve the accuracy, precision of language, or other elements of the 
procedure and/or decrease the testing burden. In submitting comments, 
interested parties should state the nature of the recommended 
modification and explain how it would improve upon the test procedure 
proposed in this NOPR. Interested parties should also submit data, if 
any, to support their positions.

III. Discussion

A. Effective Date and Compliance Date of Test Procedure

    If adopted, the effective date for this test procedure would be 30 
days after publication of the test procedure final rule in the Federal 
Register. At that time, the new metrics and any other measure of energy 
consumption which depends on these metrics may be represented pursuant 
to the final rule. Compliance with the new test procedure for 
representation purposes would be required 180 days after the date of 
publication of the test procedure final rule. On or after that date, 
any such representations, including those made on marketing materials 
and product labels, must be based upon results generated under the 
final test procedure proposed to be included in Appendix H to Subpart B 
of 10 CFR part 430.
    Furthermore, EPCA requires the Federal Trade Commission (FTC) to 
prescribe labeling rules for certain covered products including TVs. 
(42 U.S.C. 6294(a)(2)(I)) Hence, the final DOE test procedure is 
required to be utilized by the FTC for labeling requirements and shall 
be utilized or referenced by other organizations, such as the EPA for 
its ENERGY STAR specification for TVs. This test procedure must also be 
referenced by the CEC in California and any other state regulation 
providing for the disclosure of information with respect to any measure 
of TV energy consumption once the test procedure becomes effective 30 
days after the test procedure final rule publication. The final rule 
would supersede any existing state test procedure for TVs to the extent 
the state regulation requires testing in a manner other than that 
required by the final DOE test procedure. (42 U.S.C. 6297(a)(1))

B. Existing Television Test Procedures

    While developing the proposed test procedure for TVs, DOE 
researched existing industry test procedures that measure TV energy 
consumption, as discussed in its 2010 RFI. 75 FR 54048, 54049. Among 
the most widely accepted are the IEC 62087-2011 and EPA's ``ENERGY STAR 
Program Requirements for Televisions, Version 5.3'' (ENERGY STAR v. 
5.3).\7\ DOE also reviewed both the CEA-2037-2009 ``Determination of 
Television Average Power Consumption'' and the CEC test procedures, and 
noted that these test procedures are largely based on both the EPA and 
IEC 62087 test procedures. In response to the 2010 RFI, DOE received 
comments from interested parties on what they believed aspects of a 
robust test procedure should include, as well as on the validity of the 
existing test procedures that DOE reviewed and considered.
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    \7\ ENERGY STAR v. 5.3 references ENERGY STAR v. 4.2; however, 
for the purposes of the NOPR, all references will be made in terms 
of ENERGY STAR 5.3 although testing was conducted using ENERGY STAR 
5.1. http://www.energystar.gov/ia/partners/prod_development/revisions/downloads/television/V5.3_Program_Requirements.pdf.
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    Several interested parties expressed general concerns and made 
suggestions pertaining to what should be considered when DOE developed 
its proposed test procedure. Consumer Electronics Retailers Coalition 
(CERC) expressed desire for a standardized test procedure and standard 
that are reflective of consumer use and that will not increase the cost 
of equipment. CERC further stated that a patchwork of state 
regulations, mandating different test procedures for energy 
consumption, different standards, or different labels, will confuse 
consumers with conflicting or unclear information, and ultimately be 
counterproductive. (CERC, No. 10 at p. 1) CERC urged DOE to adopt a 
single federal test procedure for TV energy consumption, because it 
will better inform the public and better show energy savings. (CERC, 
No. 10 at p. 2) Natural Resources Defense Council (NRDC) asked that DOE 
develop a test procedure that allows flexibility for policy makers when 
setting standards such as allowing policy makers to require testing at 
different pre-set picture settings and establishing desired luminance 
ratios. (NRDC, No. 5 at p. 1)

[[Page 2834]]

Pacific Gas and Electric (PG&E) and a joint comment submitted by 
Southern California Gas Company, San Diego Gas and Electric Company, 
and Southern California Edison, henceforth referred to as ``California 
Investor Owned Utilities (IOUs),'' expressed desire for a test 
procedure that accounts for all current and future TV technologies. 
(PG&E, No. 12 at p. 1; California IOUs, No. 9 at p. 1) Finally, Sony 
asked that the test procedure provide adequate guidance and meaningful 
power consumption data without forcing manufacturers to perform 
unnecessary, burdensome, and costly activities. (Sony, No. 8 at p. 4)
    Environment Northeast (ENE) also had general recommendations for 
DOE's proposed TV test procedure and suggested that the test procedure 
should be designed so that the test results reflect energy consumption 
in the field to the maximum extent possible. (ENE, No. 2 at p. 1) It 
urged DOE to develop a test procedure that only promotes energy 
management features that deliver significant savings in the field. 
(ENE, No. 2 at p. 1) ENE commented that energy consumption should be 
measured under a range of values (rather than using average values for 
ambient illumination, viewing distances and angles, and user 
adjustments to settings) and that the average expected energy 
consumption of a model in the field be calculated. (ENE, No. 2 at p. 1) 
ENE believes that a test procedure that adheres to its direction will 
provide more accurate results and reduce the likelihood of 
manufacturers ``designing to the test''. (ENE, No. 2 at p. 1) Finally, 
ENE urged DOE to design a test procedure that does not discourage 
innovation. (ENE, No. 2 at p. 1)
    Other interested parties commented that DOE should use existing 
test procedures when developing its test procedure. NRDC stated that 
DOE should review and adopt key portions of IEC 62087-2008 but noted 
that aside from the IEC 62087-2008 dynamic broadcast-content video 
signal, the remaining sections of the IEC 62087-2008 test procedure are 
either incomplete or need revision. (NRDC, No. 5 at p. 2) CEA believes 
that future ENERGY STAR specifications should conform to the DOE test 
procedure, and that CEA-2037-2009 is suitable for adoption now with 
specified discrete changes, although the CEA did not specify these 
discrete changes. (CEA, No. 13 at p. 2) CEA also urged DOE to adopt 
CEA-2037-2009 to avoid the federal government using and promoting two 
different test procedures. (CEA, No. 13 at p. 3) CERC commented that 
the CEA-2037-2009 test procedure is the best test procedure because it 
is most familiar to manufacturers and retailers and added that it 
provides a reasonably accurate, practicable, and cost-effective test 
procedure. (CERC, No. 10 at p. 2) SHARP urged the DOE to utilize IEC 
62087-2008 and CEA-2037-2009 as a basis for its test procedure. (SHARP, 
No. 14 at p. 1) Finally, Mitsubishi requested that DOE adopt CEA-2037-
2009 as its fundamental TV test procedure, and commented that if DOE 
finds that CEA-2037-2009 test procedure is inadequate, then it should 
base its test procedure on IEC 62087-2008. (Mitsubishi, No. 7 at p. 2)
    Sony and CEC asked DOE to consider how its test procedure will 
affect state regulations and test procedures. Sony recommended that DOE 
create a test procedure that supersedes state regulations, while CEC 
believes that DOE should consider how its test procedure will preempt 
CEC's test procedure. (Sony, No. 8 at p. 4) Specifically, CEC urged DOE 
to measure on mode power, standby-passive power, power factor, and 
luminance to ensure that the CEC can also require this testing. (CEC, 
No. 15 at p. 4)
    In addition to considering stakeholder comments, DOE also conducted 
research and validation testing, which consisted of on, standby, and 
off mode energy consumption testing as well as luminance testing. The 
results of this research indicated that the IEC 62087-2011 could be 
utilized with some modifications as it would adequately measure TV 
energy consumption.\8\ DOE proposes a test procedure for TVs that uses 
IEC 62087-2011 as a basis, with additional detail and modifications, 
most of which are seen in ENERGY STAR v. 5.3. DOE believes this is 
consistent with the requests of many commenters, who recommended using 
IEC 62087-2011 and CEA-2037-2009, which references the IEC 62087 test 
procedure. DOE based the proposed luminance measurement on the one 
found in ENERGY STAR v. 5.3.
---------------------------------------------------------------------------

    \8\ The DOE Web site: Appliance and Commercial Equipment 
Standards: Television Sets. U.S. Department of Energy. August 2, 
2011. http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html.
---------------------------------------------------------------------------

C. Scope

1. Products Covered by This Rulemaking
    In the 2010 RFI, DOE requested comments on the scope of the TV test 
procedure rulemaking. DOE received comments highlighting the 
similarities and differences between displays, TVs, and digital picture 
frames and the coverage of the test procedure. Unlike TVs, displays and 
digital picture frames do not have a TV tuner and therefore cannot 
receive digital broadcast content. While all of these technologies have 
the ability to display digital content they do have some differences. 
DOE notes that these differences are subtle, and therefore considered 
the possibility of including all displays in this rulemaking.
    Display and TV technologies have started to converge and have 
become more similar in their capabilities. Given the convergence of 
display and TV technologies, PG&E, and the California IOUs advocated 
that the coverage of displays be explored in this rulemaking. They 
supported DOE's research into whether displays should be incorporated 
into the test procedure and specifically stated that DOE should study 
the category of displays less than 30 inches in greater detail as well 
as displays greater than 60 inches. (PG&E, No. 12 at p. 4; California 
IOUs, No. 9 at p. 4)
    Other stakeholders opposed the inclusion of displays in the scope 
of the rulemaking. Sony asserted that TVs and displays are different in 
the following ways and therefore need to be tested differently. TVs 
have different resolutions than displays because rate conversion 
circuits operate differently in the two products; resolution affects 
power consumption in displays but not in TVs; and TVs with computer 
inputs do not fully comply with the VESA DPMS requirements established 
for displays. (Sony, No. 8 at p. 4) Rather, Sony recommended that DOE 
use the same definition for TVs that is used in the ENERGY STAR v. 
5.3.\9\ (Sony, No. 8 at p. 4) Panasonic also does not recommend 
combining TVs and displays, as they believe these are two distinct 
products. (Panasonic, No. 6 at p. 9) CERC commented that the scope of 
the test procedure should not encompass all types of TVs because 
professional and retail displays require high luminance, sharpness, and 
performance. (CERC, No. 10 at p. 3) CERC further commented that 
displays are designed differently than TVs due to their primary use; 
namely, TVs are meant to be viewed from further distances than 
displays. (CERC, No. 10 at p. 3) Finally, CEA commented that

[[Page 2835]]

DOE should not include displays in its rulemaking because the IEC 
62087-2011 dynamic broadcast-content video signal used for TV testing 
is not representative of typical content viewed on displays. (CEA, No. 
13 at p. 9) SHARP recommended that DOE remain focused on TVs that are 
used primarily by residential consumers and that commercial displays 
should not be included. (SHARP, No. 14 at p. 10)
---------------------------------------------------------------------------

    \9\ ENERGY STAR v. 5.3 defines TV as: A commercially available 
electronic product designed primarily for the reception and display 
of audiovisual signals received from terrestrial, cable, satellite, 
Internet Protocol TV (IPTV), or other digital or analog sources. A 
TV consists of a tuner/receiver and a display encased in a single 
enclosure. The product usually relies upon a cathode-ray tube (CRT), 
liquid crystal display (LCD), plasma display panel (PDP) which are 
examples of the more common display technologies.
---------------------------------------------------------------------------

    DOE believes that some products can only be identified as TVs or 
displays on the basis of marketing. Some manufacturers (e.g., Samsung 
and LG) make identical products that are marketed separately as a 
display and TV.\10\ Moreover, there exist high-definition displays sold 
with the option of purchasing an external tuner or speakers, which 
enable the customer to use the product as a TV. Modern TVs can also 
typically be connected to computers and function as monitors. Despite 
some overlap, DOE agrees with stakeholders who suggested that TVs and 
displays are designed differently in most instances (e.g. TVs are 
equipped with a tuner and displays are not). Although TVs and displays 
may be used interchangeably, they are designed to perform different 
tasks. Displays have different screen resolutions that allow for 
clearer text reading and are typically set up in a 4:3 aspect ratio, as 
opposed to TVs which are primarily set up in 16:9 aspect ratio which is 
optimal for displaying video. DOE acknowledges that despite the 
increasing overlap between these products, which may increase in the 
future, they currently have different usage patterns (e.g. they are 
used in different lighting conditions and locations as well as have 
different hours of operation).
---------------------------------------------------------------------------

    \10\ Personal Communication, DisplaySearch at SID Conference, 
May 22, 2011.
---------------------------------------------------------------------------

    The presence of a tuner is not an unequivocal distinguishing factor 
between TVs and other displays; however, DOE still considers it a 
suitable way of broadly separating products which are generally 
intended to be used as displays or digital picture frames from those 
generally intended to be used as TVs (particularly in the smaller 
sizes). Accordingly, DOE proposes to define TVs with reference to 
displays but excluding displays if they are sold without tuners. 
Further, DOE believes that this effectively excludes from the proposed 
TV test procedure most displays and digital picture frames currently on 
the market.
    TVs, unlike displays, often contain a tuner, which historically 
cost about $5.50 to the manufacturer and were projected to cost around 
$2.70 by the end of 2010.\11\ Modern TVs have similar inputs to 
displays, and their uses are increasingly similar, with the latest TVs 
having USB ports, PC inputs, video inputs, Ethernet cable inputs, and 
inputs enabling connection with cameras and MP3 players (e.g., Samsung, 
Panasonic, Sony). Moreover, the latest display connection technology, 
High-Definition Multimedia Interface (HDMI), is expressly designed to 
work with both TVs and displays and does not differentiate between the 
two. DOE is monitoring marketplace convergence and will consider 
updating the definitions and scope of the TV rulemaking in the future.
---------------------------------------------------------------------------

    \11\ Quarterly LCD TV Cost & Price Forecast Model Report: Q1'11 
History with Q2'11-Q4'15 Forecast. Rep. DisplaySearch, 2010.
---------------------------------------------------------------------------

    Consequently, DOE is proposing to include in the scope of this 
rulemaking only displays of 15 inches and above which are sold with a 
tuner. DOE acknowledges interested party comments stating that TVs and 
displays capable of showing moving images are not similar in all ways. 
However, DOE believes that displays which are sold with a tuner are 
used in the same manner as TVs, and is also taking into consideration 
that EPA requires displays to be tested with IEC 62087 Dynamic 
broadcast content. DOE welcomes comment on the proposed scope of this 
rulemaking, particularly the inclusion of certain types of displays. 
(See Issue 1 in section V. E ``Issues On Which DOE Seeks Comment'').
2. Definition of Television Sets
    TVs are a covered product under 42 U.S.C. 6292(a)(12) of EPCA. DOE 
has the authority to adopt test procedures for such covered products 
under 42 U.S.C. 6293(b)(2) of EPCA. Further, 42 U.S.C. 6295(l)(3) of 
EPCA specifically grants DOE the authority to promulgate energy 
conservation standards for TVs. There are no statutory definitions for 
TVs under EPCA. In 1979 DOE adopted the following regulatory 
definitions for TVs (44 FR 39798, June 29, 1979), which are set forth 
in 10 CFR 430.2:
    Television set means a color television set or a monochrome 
television set.
    Color television set means an electrical device designed to convert 
incoming broadcast signals into color television pictures and 
associated sound.
    Monochrome television set means an electrical device designed to 
convert incoming broadcast signals into monochrome television pictures 
and associated sound.
    Similar to DOE's recently repealed test procedure (74 FR 53640, 
October 20, 2009), the current DOE definitions for TVs, developed in 
1979, are no longer appropriate and are proposed to be updated as part 
of this rulemaking. The definition refers to both color TVs and 
monochrome TVs (also known as black-and-white TVs, which are rarely 
produced for the mass market today) and with the evolution of 
technology, these definitions are too broad to adequately define the 
products covered by this rulemaking. Since the digital switch-over in 
2009, analog TVs can no longer receive broadcast signals without an 
external digital tuner. Accordingly, the definitions require updating 
in order to reflect the realities of modern TVs and technological 
developments, including the convergence of display and TV technology, 
and to avoid the proposed rule being rendered ineffective.
    DOE notes that at the time the Department repealed the test 
procedure for TVs (74 FR 53640, October 20, 2009), it also considered 
amending the definition of TVs on the basis of the transition to 
digital TV and found this factor in isolation to be an insufficient 
reason to amend the definition. At that time, the Department had not 
taken into account other factors, including, rapid technology changes, 
the changing focus away from transmission towards display technology 
and the phenomenon of TV and display technology convergence. The 
combination of these factors which are currently evident in this 
product market have led DOE to preliminarily determine that a revised 
definition of TVs is required.
    CEA asked that DOE develop a definition of TVs that excludes 
battery-powered TVs because they inherently are designed for efficiency 
so as to improve battery life. CEA stated that battery-powered TVs are 
different from typical TVs that require AC or main power supplies in 
their technology and usage patterns. (CEA, No. 13 at p. 9) 
Additionally, CEA commented that displays used for commercial 
applications and those that fully function on battery-power should not 
be included in the scope of coverage. CEA further observed that 
portable and handheld displays are designed to be power efficient and 
should therefore not be included in the scope of coverage.
    In today's NOPR, after reviewing TV, display, digital picture frame 
market trends, and accessory technologies, as well as other industry 
definitions from IEC, EPA, and CEA, DOE is proposing an updated 
definition for TVs; one that it believes will not become obsolete with 
rapid changes in technology.

[[Page 2836]]

Accordingly, a broad technology-neutral definition is proposed that 
includes all TVs and displays above 15 inches which are sold with a TV 
tuner. This definition also includes products that incorporate internal 
media readers (e.g. TV DVD combination units) while excluding laptop 
monitors, monitors having integrated computers (all-in-one integrated 
desktops), digital picture frames, and TVs operable by battery-power. 
The exclusion of these products is based upon DOE's belief that these 
products do not represent the typical TV usage and therefore should not 
be included in this definition. DOE has determined the typical TV usage 
as a product that is commonly used seven hours a day \12\ to watch 
dynamic visual information. Consequently, DOE proposes the following 
definition to subpart A of 10 CFR 430.2:
---------------------------------------------------------------------------

    \12\ The Nielsen Company, LLC (2011).
---------------------------------------------------------------------------

    Television set (also referred to as ``TV''): A product designed to 
be powered primarily by mains power having a diagonal screen size of 
fifteen inches or larger that is manufactured with a TV tuner, and that 
is capable of displaying dynamic visual information 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 Video Graphics Array 
(VGA), Digital Visual Interface (DVI), High-Definition Multimedia 
Interface (HDMI), DisplayPort, used typically for a computer or 
workstation that is not physically attached to the display; and/or
    (3) Media storage devices such as a USB flash drive, a memory card, 
or a DVD; and/or
    (4) Network connections, usually using Internet Protocol, typically 
carried over Ethernet or WiFi.
    A TV may contain, but is not limited to, one of the following 
display technologies: Liquid crystal display (LCD), light-emitting 
diode (LED), cathode-ray tube (CRT), and plasma display panel (PDP). 
TVs also include TV Combination Units that DOE has further defined in 
appendix H to subpart B of this part.
    DOE notes that this proposed definition also includes TV 
combination units which are TVs that incorporate additional devices 
such as a digital video disc (DVD) player, Blu-ray player, hard disk 
drive (HDD), or videocassette recorder (VCR).These products maintain 
the general purpose of a TV but are combined with additional features.
3. Other Definitions
    DOE's proposed test procedure for TVs incorporates definitions from 
IEC 62087-2011 and ENERGY STAR v. 5.3. DOE is also proposing to add its 
own definitions, which were neither addressed by IEC 62087-2011 nor 
ENERGY STAR v. 5.3, and feels the proposed definitions are necessary.
    Specifically, DOE proposes to include the following defined terms 
found in IEC 62087-2011: ``additional functions,'' ``off mode,'' 
``standby-active, high mode,'' ``standby-active, low mode,'' and 
``standby-passive mode.'' DOE is aware that section 42 U.S.C. 
6295(gg)(1) of EPCA defines on, standby, and off modes, but believes 
that the proposed IEC 62087-2011 definitions provide added 
clarification to the test procedure. Second, DOE proposes to include 
the following defined terms found in ENERGY STAR v. 5.3: ``download 
acquisition mode,'' ``luminance,'' ``on mode,'' and ``TV combination 
unit.'' For the reasons discussed below, DOE also proposes to develop 
new definitions for ``home picture setting'' and ``retail picture 
setting.''
a. Definitions Incorporated From IEC 62087-2011
    DOE is proposing to define ``additional functions'' using the 
definition found in IEC 62087-2011. DOE is proposing to define 
``additional functions'' because many TVs are now equipped with a wide 
variety of features, such as DVD players, memory card readers, music 
player inputs, that are not standard among different manufacturers and 
models. Furthermore, DOE believes that this definition from IEC 62087-
2011 is appropriate because it is clear, concise and widely accepted as 
an industry definition. The definition for additional functions found 
in IEC 62087-2011 also has not been redefined by any of the later 
published TV industry standards. Accordingly, DOE is proposing to 
define this term in section 2.1 (additional functions) of appendix H to 
subpart B of 10 CFR part 430 as follows:

    Additional functions: Additional functions are functions that 
are not required for the basic operation of the device. Additional 
functions include, but are not limited to a VCR unit, a DVD unit, a 
HDD unit, a FM-radio unit, a memory card-reader unit, or an ambient 
lighting unit.

    DOE is proposing to define ``off mode'' using the definition found 
in IEC 62087-2011, rather than the definition provided in ENERGY STAR 
v. 5.3. Although ENERGY STAR v. 5.3 also defines off mode, DOE believes 
the definition is too broad. Specifically, the ENERGY STAR v. 5.3 
definition requires that an indicator be present that shows that the 
product is in off mode, a clause that is not included in the IEC 62087-
2011 definition. Accordingly, DOE is proposing to define this term in 
section 2.9 (off mode) of appendix H to subpart B of 10 CFR part 430 as 
follows:

    Off mode: Off mode is the mode where the appliance is connected 
to a power source, produces neither sound nor picture and cannot be 
switched into any other mode with the remote control unit, an 
external or internal signal.

    DOE is proposing a test for standby-passive mode in this NOPR and 
thus provides a definition for the mode. DOE is proposing to define 
``standby-passive mode'' by using the IEC 62087-2011 definition for 
standby-passive. This standby-passive mode test is being proposed to 
capture the energy consumption associated with the TV when it produces 
neither sound nor picture. DOE believes that IEC has clearly and 
appropriately defined standby-passive mode. DOE is proposing to define 
this term in section 2.12 (standby-passive mode) of appendix H to 
subpart B of 10 CFR part 430 as follows:

    Standby-passive mode: Standby-passive mode is the mode in which 
the appliance is connected to a power source, produces neither sound 
nor picture but can be switched into another mode with the remote 
control unit or an internal signal.

    DOE is proposing to define ``standby-active, high mode'' consistent 
with the IEC 62087-2011 definition for standby-active, high. IEC's 
definition clearly and accurately captures the state of the TV while in 
standby-active, high mode. DOE is proposing a definition for standby-
active, high, since DOE is also proposing a test in the standby-active, 
high mode. Standby-active, high mode would cover TVs when they are 
switched off with a remote, but remain active in some manner. This 
includes TVs that are downloading information from the internet or 
cable while switched into standby mode. Accordingly, DOE is proposing 
to define this term in section 2.13 (standby-active, high mode) of 
appendix H to subpart B of 10 CFR part 430 as follows:

    Standby-active, high mode: The appliance is connected to a power 
source, produces neither sound nor picture but 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 and is exchanging/receiving data with/from an external 
source.

    DOE is proposing to define ``standby-active, low mode'' consistent 
with the

[[Page 2837]]

IEC 62087-2011 definition for standby-active, low. Although DOE is not 
proposing a test in the standby-active, low mode, DOE is still 
proposing a definition for standby-active, low to remain consistent 
with IEC 62087-2011 and to ensure that this particular mode is not 
tested. DOE has reviewed existing industry definitions, TV technology, 
and TV operating modes and believes that IEC 62087-2011 clearly 
separates distinct TV operating modes and defines each of these modes 
appropriately. Standby-active low mode would cover TVs when they are 
switched off with a remote and can be switched into other modes via an 
external signal. Accordingly, DOE is proposing to define this term in 
section 2.14 (standby-active, low mode) of appendix H to subpart B of 
10 CFR part 430 as follows:

    Standby-active, low mode: The appliance is connected to a power 
source, produces neither sound nor picture but 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.

b. Definitions Incorporated From ENERGY STAR v. 5.3
    DOE proposes to include a definition for ``download acquisition 
mode'' (otherwise known as DAM) in its test procedure that is identical 
to the definition found in ENERGY STAR v. 5.3. The DAM involves a TV's 
download of data while it produces neither sound nor picture. The 
definition allows readers to more clearly understand the DAM energy 
consumption test procedure. The energy consumption associated with DAM 
is measured when the TV is downloading information from an electronic 
program guide (EPG). DOE also believes that the ENERGY STAR v. 5.3 
definition is appropriate because it is a widely accepted industry 
definition and the term is not defined in IEC 62087-2011. Accordingly, 
DOE is proposing to define this term in section 2.3 (download 
acquisition mode) of appendix H to subpart B of 10 CFR part 430 as 
follows:
    Download acquisition mode: Download acquisition mode is the power 
mode in which the product is connected to a mains power source, 
produces neither sound nor picture, and is actively downloading data. 
Data downloads may include channel listing information for use by an 
electronic programming guide, TV setup data, channel map updates, 
firmware updates, monitoring for emergency messaging/communications or 
other network communications.
    DOE is proposing to define ``luminance'' by incorporating the 
definition found in ENERGY STAR v. 5.3. DOE believes that the ENERGY 
STAR v. 5.3 definition is appropriate because it is widely accepted 
within the industry and the term is not defined in IEC 62087-2011. 
Further, the ENERGY STAR v. 5.3 definition is appropriate because DOE 
is proposing the luminance ratio so that it may be used in the ENERGY 
STAR test procedure. The ENERGY STAR v. 5.3 definition is clear and 
concise and provides the manufacturer with a thorough understanding of 
what is meant by luminance to allow for luminance testing. Accordingly, 
DOE is proposing to define this term in section 2.8 (luminance) of 
appendix H to subpart B of 10 CFR part 430 as follows:
    Luminance: Luminance is 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).
    DOE is proposing to define ``on mode'' using the definition found 
in ENERGY STAR v. 5.3, rather than the definition provided in IEC 
62087-2011. ENERGY STAR v. 5.3 defines ``on mode'' more broadly, 
stating that the TV can be providing ``one or more of its primary 
functions.'' On the other hand, the IEC 62087-2011 definition specifies 
that the TV must be producing both sound and picture. Although many TVs 
will produce sound and picture, DOE's proposed scope may include units 
that are not able to produce sound (e.g. computer monitor that does not 
include speakers). Because DOE does not want to prevent those products 
from being tested in the ``on mode'', DOE is proposing to exclude any 
references to sound consistent with the definition from ENERGY STAR v. 
5.3 in section 2.10 (on mode) of appendix H to subpart B of 10 CFR part 
430 as follows:

    On mode: On mode is the power mode in which the product is 
connected to a mains power source, has been activated, and is 
providing one or more of its principal functions.

    DOE is proposing to define ``TV combination unit'' using the 
definition found in ENERGY STAR v. 5.3. IEC 62087-2011 defines multi-
function equipment, which may be considered similar to TV combination 
unit, but this term is not specific to TVs. Defining the term TV 
combination unit provides clarity to the test procedure since these 
particular TVs may require special consideration when being tested. 
Accordingly, DOE is proposing to define this term in section 2.16 (TV 
combination unit) of appendix H to subpart B of 10 CFR part 430 as 
follows:

    TV combination unit: TV combination unit is a television in 
which the TV and one or more additional devices (e.g., DVD player, 
Blu-ray Disc player, Hard Disk Drive) are combined into a single 
enclosure, and which meets the following criteria: a) it is not 
possible to measure the power of the individual components without 
removing the product housing; and b) the product connects to a wall 
outlet via a single power cord.
c. New Definitions for Incorporation
    DOE is proposing to define ``home picture setting'' in its test 
procedure. DOE developed this definition because neither IEC 62087-2011 
nor ENERGY STAR v. 5.3 provides a definition for this particular 
setting. ENERGY STAR v. 5.3 does reference a home mode (or default 
mode), as the mode in which the TV is shipped. In order to eliminate 
confusion between picture settings and testing modes (such as on mode, 
standby mode, and off mode), defining home picture setting helps 
clarify how to conduct both the luminance and on mode tests since home 
picture setting is utilized for conducting part of the luminance test 
as well as the on mode test. DOE believes that defining home picture 
setting will improve the consistency in which products are tested 
across labs. DOE is proposing to define this term in section 2.4 (home 
picture setting) of appendix H to subpart B of 10 CFR part 430 as 
follows:

    Home picture setting: (or default picture setting) is the 
picture setting which is recommended by the manufacturer from the 
initial set up menu or the mode that the television comes shipped in 
if no setting is recommended.

    Finally, DOE is proposing to define ``retail picture setting'' in 
its proposed test procedure. Retail picture setting is a picture 
setting present on most TVs and corresponds to the brightest preset 
selectable picture setting. Although ENERGY STAR v. 5.3 uses the term 
retail mode in its specification, it does not provide a definition of 
this mode. So as not to confuse picture settings with testing modes 
(such as on mode, standby mode, and off mode), DOE is proposing to 
utilize the term ``retail picture setting'' instead of the term 
``retail mode''. In the proposed DOE test procedure, retail picture 
setting is one of the two picture settings that the TV is set to for 
luminance testing. Therefore, DOE believes that defining retail picture 
setting clarifies the requirements of the test procedure. DOE is 
proposing to define this term in section 2.11 (retail picture setting) 
of appendix H to subpart B of 10 CFR part 430 as follows:

    Retail picture setting: is the preset picture setting in which 
the TV produces the highest luminance during the on mode conditions.

[[Page 2838]]

D. Testing Conditions and Instrumentation

1. Accuracy and Precision of Measurement Equipment
a. Power Supply
    In this NOPR, DOE is proposing a slightly modified version of the 
power supply specifications from IEC 62087-2011. DOE proposes to limit 
the input voltage and frequency used in its test procedure to 115 V at 
60 Hz, rather than including a general requirement that the TV be 
tested at ``the nominal voltage of the region,'' as in IEC 62087-2011. 
DOE is also proposing to add a power factor measurement requirement. 
The power factor measurements are based on those found in IEC 62087-
2011 as well as ENERGY STAR v. 5.3.
    DOE is also proposing certain specifications for test tolerances. 
First, DOE is proposing to incorporate tolerances for voltage and 
frequency identical to those in ENERGY STAR v. 5.3, which specifies 
that the voltage and frequency be maintained at <plus-minus> 1 percent 
rather than <plus-minus> 2 percent, as required by IEC 62087-2011. DOE 
believes that this will not impose undue burden because many interested 
parties are already accustomed to these more stringent specifications 
required to meet ENERGY STAR specifications. Second, DOE is proposing 
to add a tolerance of power measurements consistent with that in ENERGY 
STAR v. 5.3. As mentioned above, ENERGY STAR v. 5.3 refers the reader 
to ENERGY STAR v. 4.2 where these specifications can be found. Third, 
DOE is proposing to add the requirements for total harmonic distortion 
(THD) consistent with that in IEC 62087-2011, which requires that the 
harmonic components not vary by more than 5 percent. While ENERGY STAR 
v. 5.3 has requirements for THD that are more stringent (2 percent), 
DOE believes that these requirements may impose undue burden on 
manufacturers by requiring the purchase of more expensive equipment. 
DOE believes that the cost of more expensive equipment (e.g., a power 
supply unit as found by market research) outweighs the benefits of 
stricter THD requirements, therefore less stringent requirements are 
being proposed. DOE believes that the requirements that it is proposing 
to incorporate are accepted within industry and are sufficient to 
ensure a repeatable and reproducible test procedure. THD impacts the 
quality and stability of the electricity being received by the TV which 
can impact energy consumption. High levels of THD can increase current 
draw on TVs resulting in high circuitry temperatures and 
inefficiencies. The language proposed to ensure that the correct power 
is being supplied to the TV is being incorporated in section 3.1.1 
(power supply) of appendix H to subpart B of 10 CFR part 430 is as 
follows:

    Carry out measurements using a power supply providing voltage of 
115 V at 60 Hz.
    The fluctuation of the voltage supplied during the tests shall 
not exceed <plus-minus> 1 percent. The frequency fluctuation and the 
harmonic components of the supplied power shall not exceed <plus-
minus> 1 percent and 5 percent respectively.
b. Power Meter
    DOE is proposing to incorporate specifications for the power meter 
used to collect the power data for the TV test. DOE plans to slightly 
modify the specification found in IEC 62087-2011 to include more guided 
instructions on the sampling rate. Rather than setting the sampling 
rate ``high enough to achieve an accurate measurement'' as required in 
IEC 62087-2011, DOE is proposing that samples be taken once per second 
or more frequently. This sampling rate is generally accepted by the 
industry and found in IEC 62301-2011. This sampling rate should not be 
difficult to accomplish and produces a more repeatable power 
measurement than the measurement specified in IEC 62087-2011. 
Specifying the proposed sampling rate decreases the chances of missing 
trends and power spikes. The duration of testing remains the same and 
typically only a few changes to the data acquisition program are 
required to modify the sample rate. The language proposed to ensure 
that the correct power measurements are taken is being incorporated in 
section 3.1.2 (power meter) of appendix H to subpart B of 10 CFR part 
430 is as follows:

    The 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 for 
which the input video signal varies over time, use a wattmeter with 
an averaging function to carry out the measurement.

    The language proposed to ensure that the correct sampling rate for 
which the power measurements shall be taken is being incorporated in 
section 3.1.2.1 of appendix H to subpart B of 10 CFR part 430 is as 
follows:

    The sampling rate of the watt-hour meter or wattmeter with 
averaging function shall be one measurement per second or more 
frequent.

    The language proposed describing the power measurement uncertainty 
is being incorporated in section 3.1.2.3 of appendix H to subpart B of 
10 CFR part 430 is as follows:

    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:
    <bullet> 0.01 W or better for power measurements of 10 W or 
less;
    <bullet> 0.1 W or better for power measurements of greater than 
10 W up to 100 W;
    <bullet> 1 W or better for power measurements of greater than 
100 W.

    DOE is also proposing to require that, as part of the test 
procedure, the power factor of the TV be recorded while in ``on mode'' 
consistent with that in ENERGY STAR v. 5.3. DOE believes that requiring 
a power factor measurement will not impose undue burden on 
manufacturers because the ability to measure power factor is widely 
available on power meters. The power factor measurement only requires 
that the power factor be recorded while the on, standby, and off modes 
are measured. DOE is proposing to require this measurement because 
power quality can impact energy consumption and measuring the power 
factor will allow other regulating bodies the flexibility to consider 
requirements for power quality. The language proposed to ensure that 
the power factor and real power consumed are taken is being 
incorporated in section 3.1.2.2 of appendix H to subpart B of 10 CFR 
part 430 is as follows:

    The power measurement instrument used shall measure the power 
factor and the real power consumed regardless of the power factor of 
the device under test.
c. Light Measurement Devices
i. Luminance Contact and Distance Meters
    Light measurement devices (LMDs) are used to measure the luminance 
of the TV screen. DOE is aware of two primary categories of LMDs that 
are used to make luminance measurements: contact meters and distance 
meters. In response to the 2010 RFI, DOE received comments advocating 
that the DOE test procedure for TVs allow the use of the contact meter 
to measure luminance. Panasonic stated that although there are many 
valid methods of measurement, a contact measurement is easier to comply 
with since it prevents ambient light from interfering with the 
measurement and eliminates the need for a dark room. (Panasonic, No. 6 
at p. 4) NRDC also supports the contact method of measuring luminance 
as it simplifies the performance of the test due to it being 
unnecessary to adjust the room lighting levels. (NRDC, No. 5 at pp. 4-
5)

[[Page 2839]]

    In this NOPR, DOE is proposing to allow the use of either a 
distance meter or a contact meter to measure luminance for purposes of 
the DOE test procedure, so long as the meter meets the specifications 
detailed in section III.D.1.c.ii of the NOPR. DOE is aware that each 
type of meter has specific advantages. While distance LMD meters are 
typically less accurate and require the use of a dark room for 
luminance measurements, they are less expensive than contact LMD 
meters. DOE is also aware that the use of a dark room adds burden to 
the procedure by increasing both cost and set-up time. Alternatively, 
the use of a contact LMD meter would reduce set up time (with regard to 
both aligning the meter as well as removing the need for a dark room) 
and will have a more accurate measurement since these meters typically 
have a higher accuracy; however, contact meters themselves are more 
expensive. Through testing, DOE has learned that the two types of 
meters yield similar results when used to test TVs.\13\ Therefore, in 
section 3.1.3 (light measurement device) of appendix H to subpart B of 
10 CFR part 430, the test procedure allows the use of either meter as 
long as it meets the specifications outlined below. By allowing the use 
of different meters it provides more flexibility, while ensuring the 
accuracy of the measurement and providing comparable results.
---------------------------------------------------------------------------

    \13\ This similarity of results can be found in the Round Robin 
Test Program Final Report for: Television at the DOE Web site: 
Appliance and Commercial Equipment Standards: Television Sets. U.S. 
Department of Energy. August 2, 2011. <http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html>.
---------------------------------------------------------------------------

ii. Light Measurement Device Specifications
    In this NOPR, DOE is proposing to incorporate specifications for 
the LMDs used in performing the test procedure. Neither IEC 62087-2011 
nor ENERGY STAR v. 5.3 provides specific requirements with respect to 
LMDs. Consequently, DOE has developed proposed specifications for 
today's NOPR. To develop these, DOE researched existing test procedures 
and standards that provide LMD specifications. DOE has found that the 
VESA Flat Panel Display Measurements Standard v. 2 provides tolerances 
for LMDs. VESA specifies that the luminance must be within <plus-minus> 
5 percent and repeatability must be less than <plus-minus> 0.5 percent 
of the luminance or the uncertainty introduced by any digitalization 
over a five minute period. DOE also researched available LMDs for 
testing to develop the following proposed requirements.
    DOE is proposing, in section 3.1.3 (light measurement device) of 
appendix H to subpart B of 10 CFR part 430, that all LMDs have an 
accuracy of <plus-minus> 2 percent (<plus-minus> 2 digits) of the 
digitally displayed value and repeatability within 0.4 percent (<plus-
minus> 2 digits) value. DOE is also proposing that the LMD should have 
an acceptance angle of 3 degrees or less. To determine the precision of 
a measured number, the displayed value on the measuring device needs to 
be taken into consideration. The increment of the last significant 
digit is said to be the accuracy of the display and 2 digits is twice 
the interval. The overall tolerance of LMDs is found by taking (+/-) 
the absolute sum of 2 percent and 2 significant digits of the measured 
value.
    DOE believes that these criteria are sufficiently stringent to 
ensure that measurements will be repeatable and accurate, without 
imposing burden on manufacturers by requiring overly precise 
measurement devices. However, DOE welcomes comments on the proposed LMD 
specifications. (See Issue 2 in section V.E ``Issues On Which DOE Seeks 
Comment'').
2. Test Room and Set-Up Criteria
    DOE received comments from interested parties requesting that it 
clarify how to set up the TV for testing. Specifically, NRDC requested 
that DOE review the requirements in IEC 62087-2008 and urged DOE to 
provide sufficient clarity on preparing the TV before testing. (NRDC, 
No. 5 at p. 2) DOE has analyzed IEC 62087-2008 as NRDC requested and 
found that the requirements in IEC 62087-2008 are similar to those 
found in IEC 62087-2011. PG&E and California IOUs also requested that 
DOE require a standard test set-up that ensures the most robust results 
possible. (PG&E, No. 12 at p. 3; California IOUs, No. 9 at p. 3) DOE 
has analyzed both IEC 62087-2011 and IEC 62087-2008, and has evaluated 
other existing TV test procedures to develop proposals for creating 
dark room conditions, ambient temperature and humidity, THD, and signal 
source generation, with the goal of ensuring repeatable results. The 
proposals are discussed in detail in the following sections.
a. Dark Room Conditions
    DOE is proposing that, if the lab technician elects to use a 
distance meter for luminance testing, it must make the measurements in 
dark room conditions, similar to the requirement in ENERGY STAR v. 5.3. 
DOE is proposing, in section 4.2 (dark room conditions) of appendix H 
to subpart B of 10 CFR part 430, language from the requirement in 
ENERGY STAR v. 5.3, which (with minor modification), states: ``All 
luminance testing shall be performed in dark room conditions. Display 
screen illuminance * * * as measured with the UUT in [o]ff [m]ode shall 
be less than or equal to 1.0 lux.''
b. Ambient Temperature and Humidity
    DOE is proposing ambient conditions consistent with IEC 62087-2011 
and ENERGY STAR v. 5.3, which both require that ambient temperature be 
23 [deg]C <plus-minus> 5 [deg]C. ENERGY STAR v. 5.3 further specifies 
that relative humidity must be between 10 and 80 percent, which DOE is 
also proposing to require in its test procedure. Because these are both 
widely accepted test methods, and each of the temperate and humidity 
ranges is quite large, these requirements should be reproducible across 
a wide range of test laboratories. These ambient condition requirements 
are being proposed in sections 4.3 (ambient temperature conditions) and 
4.4 (ambient relative humidity conditions) of appendix H to subpart B 
of 10 CFR part 430.
c. Signal Source and Generation
    In the 2010 RFI, DOE requested feedback from interested parties 
regarding the signal source as well as the input cable to be used when 
testing. 75 FR 54048, 54050. As discussed below, interested parties 
were generally in agreement that the input cable should be HDMI, if the 
TV has an HDMI input. If the TV does not have an HDMI input, DOE has 
proposed a list of alternative connections in the order in which they 
should be used to conduct testing, which can be found below. Interested 
parties were also in support of using a Blu-ray player as the signal 
source for testing.
    Mitsubishi, Sony, LG, NRDC, Panasonic, CEA, CEC, PG&E, and 
California IOUs were all in support of DOE using HDMI as its preferred 
input cable. Mitsubishi recommended that DOE require an HDMI cable be 
used if the input exists and component cables be used if HDMI inputs do 
not exist. (Mitsubishi, No. 7 at p. 5) Sony similarly commented that a 
HDMI input cable should be the preferred input cable, and if it not 
available, the next highest resolution input should be used. (Sony, No. 
8 at p. 3) LG supported using an HDMI input cable because it has a 
digital signal and other sources have calibration issues. (LG, No. 3 at 
p. 1) NRDC recommended that DOE use a HDMI input cable if the input is

[[Page 2840]]

available. If not available, then a component input cable should be 
used. NRDC also stated that VGA connectors should not be allowed to 
serve as the means to input the content. (NRDC, No. 5 at p. 6) 
Panasonic agreed that a HDMI input cable should be used if available. 
(Panasonic, No. 6 at p. 6) CEA agreed that a HDMI input cable should be 
used if it is available, but stated that variation between different 
inputs is minor. (CEA, No. 13 at p. 7) CEA further commented that it is 
vital to allow various different input cables to be used because some 
TVs are produced with neither a HDMI input nor a component input. (CEA, 
No. 13 at p. 7) Ecos Consulting found in its previously cited report 
the effect of different input cables on the test results. Their report 
recommended that an HDMI input cable be used for testing because it 
produced similar results to a standardized signal generator unlike 
component and VGA inputs.\14\
---------------------------------------------------------------------------

    \14\ Calwell, Chris, Mercier, Catherine, & Foster-Porter, 
Suzanne. Assessment of Options for Improving Energy Efficiency Test 
Procedures for Display. (Last accessed July 26, 2011). http://www.efficientproducts.org/%5Creports%5Ctvs%5CEcos_Display%20Test%20Procedure%20Report_FINAL.pdf.
---------------------------------------------------------------------------

    As outlined above, comments from all interested parties agreed that 
an HDMI input should be the preferred input. Some interested parties 
also advocated that alternative inputs should be allowed if an HDMI 
input is not available. DOE acknowledges that all TVs may not be 
shipped with an HDMI input available, and therefore is proposing the 
following order for inputs: HDMI/DVI, VGA, component, S-Video, and 
finally composite. If none of these inputs are available, the highest 
resolution input must be used. DOE believes that by proposing an input 
format hierarchy, it will ensure consistency and repeatability between 
tests without imposing undue burden upon manufacturers. However, DOE 
welcomes comments on the purposed input formats hierarchy. (See issue 
14 in section V.E ``Issues on Which DOE Seeks Comments'')
    DOE also received comments on the signal source to be used for 
testing. NRDC commented that a signal should not be generated by a 
personal computer (PC). NRDC preferred that a standard method of 
generating signal be used, but did not specify what the preferred 
method should be. (NRDC, No. 5 at p. 6) Panasonic believes that the 
Blu-ray player is the most appropriate device to supply the IEC 62087-
2008 dynamic broadcast-content video signal, which is the same as the 
IEC 62087-2011 dynamic broadcast-content video signal. (Panasonic, No. 
6 at p. 6) CEC concurs with the recommendations made in the report done 
by Ecos Consulting regarding signal sources, which recommends a signal 
generator with an HDMI input connection. (CEC, No. 15 at p. 3) PG&E and 
California IOUs also cited the report done by Ecos Consulting, but 
commented that DOE should conduct additional testing on various size 
TVs with different display technologies to confirm the proper signal 
source. (PG&E, No. 12 at p. 3; California IOUs, No. 9 at p. 3) SHARP 
recommended that DOE not require a specific signal source like CEA-
2037-2009. (SHARP, No. 14 at p. 7) SHARP commented that there should be 
no dependency on the nature of the source (Blu-ray player, computer, 
etc), as long as the decoder and signal are properly implemented 
according to existing and well-known standards. (SHARP, No. 14 at p. 7)
    The IEC 62087-2011 dynamic broadcast-content video signal, which is 
discussed further in section III.E.3.a of this NOPR, is supplied in two 
formats for testing, DVD and Blu-ray. DOE acknowledges interested party 
comments recommending that a particular signal source should not be 
used but believes that establishing a specific signal source will 
increase repeatability and reproducibility. As some commenters 
requested, DOE is proposing to require testing using a Blu-ray player. 
The TV market is moving towards watching TV in high-definition, as 
evidenced by increased production of high definition TVs and 
broadcasting of high definition channels. Blu-ray players produce a 
1080p image that yields far more detail than the 480p image provided by 
DVD; therefore, DOE is proposing that it be used for testing. DOE 
welcomes comments on the signal source and generation specifications 
proposed in this NOPR. (See Issue 3 in section V.E ``Issues On Which 
DOE Seeks Comment'').

E. Test Measurements

    As previously mentioned, DOE is proposing a test procedure largely 
based on IEC 62087-2011, with some modifications to improve the 
repeatability as well as tailor the procedure to the U.S. market. DOE 
is proposing that the following test measurements be taken as described 
in the following sections.
1. Picture Settings to Test
    In the 2010 RFI, DOE requested comment on testing the TV in 
multiple power consuming modes. For luminance testing, ENERGY STAR v. 
5.3 requires that the TV be tested in two picture settings: home mode 
and retail mode. As stated earlier, DOE is proposing to replace the 
terms home mode and retail mode (as used in ENERGY STAR v. 5.3) with 
home picture setting and retail picture setting. This is to distinguish 
the luminance picture setting from the testing modes for energy 
consumption. IEC 62087-2011 does not reference luminance testing. 
Alternatively, for power testing, both IEC 62087-2011 and ENERGY STAR 
v. 5.3 require that TVs be tested only in the home picture setting. DOE 
received comments and is considering testing energy consumption in 
picture settings other than the home picture setting.
    Numerous commenters informed DOE that only a limited number of 
consumers switch their TVs out of the home picture setting, and 
therefore DOE should only require testing in the home picture setting. 
Other interested parties suggested that DOE analyze all preset picture 
settings to determine the energy consumption of all possible picture 
settings. Mitsubishi commented that manufacturer statistics show that 
less than 5 percent of TV viewers ever utilize non-default display 
settings. (Mitsubishi, No. 7 at p. 2) PG&E and California IOUs stated 
that DOE should collect and analyze available technologies (e.g., LCD, 
plasma) in several selectable preset picture settings: the dimmest 
setting, home setting, and retail setting. (PG&E, No. 12 at p. 1; 
California IOUs, No. 9 at pp. 1-2) PG&E and California IOUs also urged 
DOE to develop the test procedure such that any preset picture setting 
may be measured using the procedure. (PG&E, No. 12 at p. 2; California 
IOUs, No. 9 at p. 2) Finally, they suggested that the DOE should obtain 
and analyze data on consumer home viewing habits. (PG&E, No. 12 at p. 
2; California IOUs, No. 9 at p. 2) SHARP commented that because 
consumers do not adjust their TV settings and it is not possible to 
predict the popularity of each picture setting, multiple picture 
settings should not be tested. (SHARP, No. 14 at p. 4)
    DOE also received comments desiring that only the home picture 
setting should be used for testing. SHARP stated that there are no 
reliable data on the popularity of modes that can be applied across the 
industry, and, therefore, the out-of-the-box setting remains the best 
predictor of actual power use. (SHARP, No. 14 at p. 3) Sony commented 
that there is little information regarding consumer preferences for 
preset picture settings. Sony's call center data indicates that more 
than 95 percent of returned sets remain in the home picture setting 
when received, while information

[[Page 2841]]

obtained during CEC's rulemaking process suggests that consumers tend 
to use the home picture setting. (CEC, No. 15 at pp. 2-3 and Sony, No. 
8 at p. 2) NRDC commented that to the extent a TV has a ``forced'' set 
up menu; the test should be performed on the TV as shipped after 
selecting the home picture setting in the menu. (NRDC, No. 5 at p. 3) 
CERC believes that the test procedure should focus on the energy 
consumption of TVs in the home picture setting due to the difference in 
room lighting and energy consumption of TVs in retail and home 
settings. (CERC, No. 10 at p. 3) CEA commented that DOE should not 
require testing of other preset viewing settings because it is time 
consuming and will not yield useful information because consumer 
viewing habits are unknown and preset viewing settings are not standard 
across manufacturers. (CEA, No. 13 at p. 5)
    In this NOPR, DOE is proposing that luminance measurements be taken 
in both the home and retail picture settings, and that power 
measurements (for TVs without ABC enabled) only be taken in the home 
picture setting. As many interested parties commented, most consumers 
do not switch their TVs out of the picture setting in which they are 
shipped. Therefore, requiring power measurements in the retail picture 
setting or any other alternative picture settings may cause unnecessary 
burden on manufacturers by increasing testing time. A luminance 
measurement in both the home and retail picture setting must still be 
taken in order to generate a luminance ratio, which is utilized by 
other regulatory programs such as ENERGY STAR. However, DOE is also 
considering testing on mode energy consumption in picture settings 
other than the home picture setting. DOE is aware of some TVs that are 
equipped with remotes that have easy-to-access shortcuts that enable 
the user to switch from the home picture setting to other preset 
picture settings (sport, vivid, movie, etc.), without requiring that 
the user enter the main menu. Although interested parties commented 
that consumers do not switch between picture settings, DOE believes 
that if TV remotes are designed with shortcuts to switch between preset 
picture settings, more consumers may do so, either accidently or 
intentionally. For this reason, DOE is considering whether this should 
be taken into account in the test procedure. In particular, DOE is 
considering testing on mode energy consumption in some of these 
additional preset picture settings. Possible approaches could include 
testing in the highest and lowest energy consuming preset picture 
settings, while displaying the IEC 62087-20011 dynamic broadcast-
content video signal, or the brightest and dimmest preset picture 
settings. An additional approach could include testing in all preset 
picture settings. DOE invites comments on testing in additional preset 
picture settings, particularly the balance between a representative and 
not overly burdensome test procedure. (See Issue 4 in section V.E 
``Issues On Which DOE Seeks Comment'').
2. Testing Order
    In today's NOPR, DOE is proposing to require that testing be 
conducted in the following order: luminance, on mode power, standby 
mode power, and off mode power tests. This is not consistent with the 
test procedure prescribed in ENERGY STAR v. 5.3, which specifies on 
mode tests be conducted prior to luminance tests. DOE is aware that 
some TVs are unable to operate in the retail picture setting once the 
TV has been switched into the home picture setting. Therefore, it is 
necessary to measure luminance in the retail picture setting before 
switching to the home picture setting to ensure that the retail picture 
setting luminance is captured. For this reason, DOE is proposing to 
perform luminance testing prior to on mode power testing in section 
5.3.1 (luminance test) of appendix H to subpart B of 10 CFR part 430. 
DOE does not believe that this alternative testing order will increase 
the testing burden or cause any issues with test results, but will 
ensure that all TVs are adequately tested in each prescribed mode.
3. Luminance
    Although IEC 62087-2011 does not include a luminance test, ENERGY 
STAR v. 5.3 requires a test of the screen luminance. The luminance test 
is included to ensure that TVs are not shipped in an overly dim picture 
setting in order to achieve a lower measured on mode power value, since 
under ENERGY STAR v. 5.3 TVs are tested in ``as shipped'' condition. In 
the 2010 RFI, DOE asked interested parties for comments on multiple 
facets of luminance testing. Specifically, DOE requested input on (a) 
whether testing luminance should be required, and (b) the different 
display patterns that can be used to adequately test luminance. 75 FR 
54048, 54049. Many interested parties provided feedback regarding the 
need for luminance testing. Several interested parties supported 
luminance testing. NRDC stated that screen luminance is important to 
include in the test procedure because it often has a direct impact on 
TV on mode power use and future energy conservation standards might 
include these parameters in the rulemaking; thus, including a test for 
screen luminance would allow policy makers the ability to add luminance 
requirements to their standards. (NRDC, No. 5 at pp. 2-3) It further 
clarified that the luminance test method should include details on (a) 
the video signal being used; (b) the type of instrument and its 
precision; (c) the angle and location of the measurement points; and 
(d) the ambient lighting conditions, if necessary. (NRDC, No. 5 at p. 
5) Finally, NRDC stated that it believes the DOE luminance testing 
could require: (a) Testing in ``as shipped'' conditions in home or 
retail picture settings; (b) ability to measure either a luminance 
ratio or a power ratio; and (c) TVs to be set at a specified luminance 
prior to measurement. (NRDC, No. 5 at pp. 3-4)
    LG supported the ENERGY STAR luminance test method, which involves 
measuring the luminance while displaying the IEC 62087-2011 three bar 
video signal. This test is conducted twice, once while the TV is in the 
home picture setting and again when the TV is in the retail picture 
setting. After both measurements are taken, the ratio of the two 
luminance measures is calculated. LG believes that it is an acceptable 
and representative measure of luminance and provides consistency across 
state and federal programs. (LG, No. 3 at p. 1) SHARP does not support 
luminance testing, but asserts that, if DOE must define a luminance 
measurement procedure, it should follow the ENERGY STAR v. 4.1 (which 
remained unchanged in ENERGY STAR v. 5.3) test procedure in detail. 
(SHARP, No. 14 at p. 5) Similarly, Sony believes that the luminance 
requirement as defined by ENERGY STAR v. 5.3 is an unnecessary test, 
but finds the method itself provides a rather simple solution to a 
complex subject. (Sony, No. 8 at p. 2)
    Alternatively, CEA and some manufacturers strongly opposed 
requiring a luminance measurement, with primary arguments including 
that default TV picture settings are not too dim, and DOE should not 
regulate a performance metric. CEA stated that a luminance requirement 
is unnecessary, premature and essentially not energy related. (CEA, No. 
13 at p. 3) CEA also commented that any proposal to impose limits on 
luminance and/or tie luminance levels to power levels is speculative 
and a performance requirement should not be embedded within the test 
procedure as it may not be authorized by EPCA. (CEA, No. 13 at p. 4) 
Mitsubishi stated that DOE should not set standards that assure that

[[Page 2842]]

products meet a certain consumer utility. (Mitsubishi, No. 7 at p. 3) 
CEA noted that DOE should not include a luminance requirement, but if a 
luminance test is included it should mirror the test outlined in ENERGY 
STAR v. 4.1 (which, as noted above, remained unchanged in ENERGY STAR 
v. 5.3). (CEA, No. 13 at p. 4) According to CEA, data indicates that 
consumers maintain the default settings of the TVs, and, therefore, 
retail picture settings are not relevant to those consumer viewing 
habits. (CEA, No. 13 at p. 3) Sony also commented that, after 
thoroughly reviewing its call center data, it found no complaint of dim 
pictures, which was DOE's reasoning for including a luminance test. 
(Sony, No. 8 at p. 1) Sony commented that the test procedure should 
measure power and should not be a luminance test procedure. (Sony, No. 
8 at p. 4) Mitsubishi commented that manufacturers will not produce TVs 
with dim home picture settings, because this would create poor reviews 
and high return rates. Mitsubishi further believes it is undesirable 
for manufacturers in this industry to sell a TV that is too dim because 
there are very tight margins. (Mitsubishi, No. 7 at p. 2) Panasonic 
believes that a regulation on luminance is not required since 
manufacturer competition discourages the shipping of dim TVs. 
(Panasonic, No. 6 at p. 1) Panasonic affirmed that the luminance 
testing in ENERGY STAR v. 5.3 was adopted as a solution to prevent only 
the remote possibility of the TVs being shipped too dim. (Panasonic, 
No. 6 at p. 2)
    SHARP stated that DOE should not specify a luminance measurement 
and observed that the 65 percent home to retail ratio required by 
ENERGY STAR specifications may be encouraging TVs to have a brighter 
home picture setting than they otherwise would. SHARP did not believe 
that setting a lower bound for luminance would address the issue of 
shipping a TV too dim to decrease its power consumption for home mode 
testing. (SHARP, No. 14 at p. 3) SHARP wrote that IEC did not set 
luminance requirements because manufacturers will not ship overly dim 
TVs and risk product returns. Additionally, SHARP commented that there 
is no consensus on how to measure brightness levels, and setting a 
lower bound on home mode brightness is a performance requirement rather 
than an energy requirement. (SHARP, No. 14 at p. 2) SHARP further noted 
that if performance requirements force minimum luminance levels to be 
set too high, potential energy savings are lost. (SHARP, No. 14 at p. 
3) Lastly, SHARP commented that any static video signal can be detected 
and circumvented, and therefore DOE should not implement a luminance 
measurement. (SHARP, No. 14 at p. 3) It stated that IEC 62087-2008 
(which is the same as IEC 62087-2011) was not based on prescribed 
luminance levels for the following reasons:

    (1) Consumers generally do not adjust their TVs from the default 
settings,
    (2) Relatively few consumers have their TVs professionally 
calibrated,
    (3) There is no consensus on how to measure perceived brightness 
levels,
    (4) Perceived brightness is often related to contrast ratio as 
it is related to pure brightness,
    (5) Some TV technologies have a non-linear relationship between 
power and brightness,
    (6) Variation in consumer illuminance levels make the ideal 
brightness difficult to determine, and
    (7) Humans have poor acuity for discerning absolute brightness 
levels, and there is no data that identifies the level of brightness 
to which the average person would adjust a television by hand. 
(SHARP, No. 14 at p. 2)

    In this NOPR, DOE is proposing to include a luminance test as part 
of its test procedure. In recognition of interested parties' concerns, 
DOE clarifies that the proposed luminance test is included in the test 
procedure solely for the purpose of supporting the ENERGY STAR program; 
the Department is not proposing to include the luminance measurements 
in its final metrics for measuring the energy efficiency or consumption 
of TVs. Including a luminance test as part of the test procedure for 
TVs will allow other programs such as ENERGY STAR to utilize the 
results. The sections, below, describe the different aspects of this 
proposal, as well as comments from interested parties on these aspects.
a. Warm-Up and Stabilization
    As mentioned in section III.E.2, above, DOE is proposing to require 
that luminance tests be conducted prior to on mode testing. Due to the 
change in luminance testing order (conducting testing in the retail 
picture setting prior to the home mode picture setting), DOE considered 
both warming-up the TV with respect to power and stabilizing the TV for 
luminance. However, in today's notice, DOE is proposing that the TV be 
warmed-up but not be stabilized prior to measuring display luminance.
    IEC 62087-2011 and ENERGY STAR v. 5.3 both require that the TV be 
warmed-up prior to energy measurement but do not include a recommended 
or minimal time period. Rather, they state that energy measurements be 
taken ``after the TV has achieved a stable condition with respect to 
power consumption.'' With respect to luminance testing, ENERGY STAR v. 
5.3 requires the three bar video signal be displayed for 10 minutes to 
stabilize a TV prior to conducting a measurement. DOE received comments 
from interested parties on the appropriate time required to warm-up and 
stabilize a TV prior to conducting testing. 75 FR 54048, 54051
    Mitsubishi commented that measurements of power consumption should 
be taken after the TV has reached normal operating temperature. 
(Mitsubishi, No. 7 at p. 5) Mitsubishi further commented that warm-up 
times vary by model and it is difficult to identify a minimally 
sufficient warm-up time, but it is also unnecessary. It continued by 
adding that it is sufficient to require that before testing begins, the 
device under test has reached thermal equilibrium, and that the test 
procedure need not indicate a specific time but rather a minimum. 
(Mitsubishi, No. 7 at p. 6) PG&E and California IOUs stated that the 
warm-up time should be sufficient to reflect real-world conditions 
while also aiming not to be too long so as to become overly burdensome. 
(PG&E, No.12 at p. 3; California IOUs, No. 9 at p. 3) SHARP, Sony, 
Panasonic, and CEA recommended that DOE refer to the IEC 62087-2008 
test procedure for warm-up periods. The warm-up periods remained 
unchanged in IEC 62087-2011. (SHARP, No 14 at p. 7; Sony, No. 8 at p. 
3; Panasonic, No. 6 at p.7; CEA, No. 13 at p. 7)
    DOE acknowledges all stakeholder comments and is proposing to 
incorporate language that the TV be warmed-up consistent with that in 
IEC 62087-2011, with the addition of a minimum warm-up period 
requirement. In this NOPR, DOE is proposing TVs be warmed-up using the 
IEC 62087-2011 dynamic broadcast-content video signal for at least one 
hour in section 5.2 (warm-up) of appendix H to subpart B of 10 CFR part 
430. DOE conducted testing to determine if this warm-up was 
appropriate.\15\ Although the power did not change drastically over the 
one hour for any of the TVs tested, DOE believes that because no 
interested party commented on the desire to reduce the duration, a one 
hour warm-up period was still appropriate. DOE will further propose 
that the TVs can be warmed-up for longer than one hour if the TV does

[[Page 2843]]

not reach a stable state with respect to power consumption within the 
one hour time period. DOE is defining a stable state as an average 
power measurement over the 10 minute test clip that varies by less than 
2 percent on consecutive plays. DOE believes that by establishing a 
minimum warm-up period, the test results will be more consistent, 
because all TVs will be warmed up for an identical time period. 
Further, DOE testing indicates that the majority of TVs will stabilize 
within one hour. DOE also consulted with industry subject matter 
experts \16\ who had similar findings.\17\ Although DOE plans to 
specify that a one hour warm-up period be used, there is flexibility to 
utilize a longer warm-up period for the TV to reach a stable energy 
consuming state. For luminance stabilization, DOE is not proposing that 
the TV be stabilized prior to conducting luminance measurements, rather 
that luminance measurements be taken immediately upon displaying the 
three bar video signal. Luminance measurements are made immediately to 
prevent automatic image correction programs from revising the luminance 
of the observed test pattern.
---------------------------------------------------------------------------

    \15\ The warm up period data can be found on the DOE Web site: 
Appliance and Commercial Equipment Standards: Television Sets. U.S. 
Department of Energy. August 2, 2011. http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html.
    \16\ Keith Jones, Managing Director, Australian Digital Testing 
and Bob Harrison, Principal Scientist, UK Government Market 
Transformation Programme Consumer Electronics and Information and 
Communication Technologies.
    \17\ The stabilization period can be seen to stabilize within 
one hour based on the data found in the Luminance Period document 
which can be found on the DOE Web site: Appliance and Commercial 
Equipment Standards: Television Sets. U.S. Department of Energy. 
August 2, 2011. http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html.
---------------------------------------------------------------------------

    DOE received a comment from Panasonic recommending that DOE adopt 
the luminance measurement test procedure in ENERGY STAR v. 5.3, which 
requires that luminance be measured immediately following the on mode 
test, ensuring that the TV is sufficiently stabilized with respect to 
power prior to conducting the luminance test. Panasonic also stated 
that it does not object to increasing the 10 minute stabilization 
periods if it is felt to be necessary. (Panasonic, No. 6 at p. 7) No 
other interested parties commented on the topic.
    ENERGY STAR v. 5.3 requires that the TV display the three bar video 
signal for 10 minutes prior to conducting a luminance measurement. As 
part of today's NOPR, DOE is proposing to require that luminance 
measurements be taken immediately after displaying the IEC 62087-2011 
dynamic broadcast-content video signal from the warm-up period in 
section 5.4.1 of appendix H to subpart B of 10 CFR part 430. DOE 
conducted extensive research to determine the appropriate stabilization 
period and has preliminarily determined that taking luminance 
measurements immediately after displaying the IEC 62087-2011 dynamic 
broadcast-content video signal is the most technology neutral 
method.\18\ DOE's research also found that the luminance of some TV 
technologies drops as the same image remains on the screen and 
luminance with other TV technologies increases as the same image 
remains on the screen.\19\ Taking an immediate measurement helps to 
mimic actual operating conditions, in which images are changing 
constantly.
---------------------------------------------------------------------------

    \18\ The appropriate stabilization period and drop off in 
luminance compared to time can be seen in the Luminance 
Stabilization Period document found on the DOE Web site: Appliance 
and Commercial Equipment Standards: Television Sets. U.S. Department 
of Energy. August 2, 2011. http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html.
    \19\ Id.
---------------------------------------------------------------------------

    Specifically, taking measurements according to this method ensures 
that TVs, particularly plasmas, do not enter into an automatic 
brightness limiting (ABL) state prior to luminance testing. ABL is a 
technology that is used on phosphor based TV screens (CRT and plasma) 
that is designed to limit the luminance of the screen to a level that 
will avoid damage to the phosphors. This type of protection is not 
necessary in LCD technology as high luminance levels cannot cause 
damage to the display elements. Measuring the luminance immediately 
after displaying the IEC 62087-2011 dynamic broadcast-content video 
signal, without allowing a substantial period of delay, will ensure 
that TVs do not require additional stabilization time while displaying 
the IEC 62087-2011 three bar video signal which would result in some 
TVs entering an ABL state. This method will promote more consistent 
testing across products. Taking measurements according to this method 
also ensures that TVs, particularly LCDs with cold cathode fluorescent 
lamp (CCFL) technology, have been stabilized. DOE welcomes comments on 
the stabilization and warm-up periods proposed in this NOPR. (See Issue 
6 in section V.E ``Issues On Which DOE Seeks Comment'').
b. Method for Testing Luminance
    As mentioned above, many TVs have multiple preset viewing settings. 
Again, the retail picture setting is typically used in showrooms, 
whereas the home picture setting is intended to be more suited for 
typical home viewing conditions. ENERGY STAR v. 5.3 uses a luminance 
ratio test that compares these two picture settings. However, DOE is 
aware of alternative methods for ensuring that the TV does not have an 
overly dim home picture setting such as power ratios and absolute 
luminance measurements, and therefore in the 2010 RFI, DOE requested 
feedback on testing by using luminance ratios, power ratios and 
absolute luminance. 75 FR 54048, 54049.
    Many commenters believed that power cannot be measured to determine 
the brightness of the TV. Panasonic commented that the relationship 
between power and luminance is often non-linear and is highly variable 
between TV technologies, specifically in TVs with ``local dimming'' and 
``power on demand''. Panasonic believes that this non-linear 
relationship makes a power ratio an unfair measurement of screen 
brightness. Panasonic believes that the measurement of the power would 
not result in the goal of determining whether a TV is ``too dim.'' 
(Panasonic, No. 6 at p. 2) Panasonic commented that though they 
recognized all of DOE's concerns pertaining to a luminance ratio, they 
support its inclusion in the test procedure. (Panasonic, No. 6 at p. 2) 
Mitsubishi commented that different display technologies have different 
luminance and power characteristics, and these two aspects of TVs 
should not be conflated. Mitsubishi also noted that luminance variation 
across the screen is unrelated to energy consumption. (Mitsubishi, No. 
7 at p. 2) Mitsubishi also believes that measuring power rather than a 
luminance ratio does not satisfy the ``goal'' of preventing 
manufacturers from producing devices that are not useful in the home 
picture setting. (Mitsubishi, No. 7 at p. 3) Finally, Mitsubishi 
commented that some TV display technologies have a power consumption 
that correlates significantly with the content displayed rather than 
the display luminance. (Mitsubishi, No. 7 at p. 3) SHARP stated that a 
fixed luminance level is not prescribed for power measurements made 
with CEA-2037-2009 and IEC 62087-2008 (nor in IEC 62087-2011), and 
therefore DOE does not need to implement a luminance measurement. 
(SHARP, No. 14 at p. 3) Sony also does not support measuring power 
consumption at prescribed luminance levels or picture settings. Sony 
believes that picture settings are performance settings and are not 
directly tied to luminance. (Sony, No. 8 at p. 2)
    CEC presented an alternative method for using power to ensure the 
TV is not shipped in an overly dim picture setting. CEC suggested that 
a power ratio be taken between home and retail

[[Page 2844]]

picture settings. The home picture setting would be used for compliance 
when the ratio was closer to one, while a weighted result of home and 
retail picture settings power would be used as the power deviates from 
one. (CEC, No. 15 at p. 2) NRDC suggested that DOE improve the ENERGY 
STAR luminance test by establishing a minimum screen luminance for all 
presets in the set up menu. The method would require the lab technician 
to record the screen brightness that was measured prior to running the 
on mode power test with the IEC 62087-2008 dynamic broadcast-content 
video signal, which is the same as the IEC 62087-2011 dynamic 
broadcast-content video signal. (NRDC, No. 5 at p. 4) NRDC also urged 
DOE to ensure that all measurements for ratios should be made 
identically. (NRDC, No. 5 at p. 5)
    SHARP also suggested an alternative method for ensuring that TVs 
are shipped in a picture setting that satisfies consumer viewing 
desires. SHARP commented that DOE should set a requirement based on a 
``floor,'' which would be a fixed percentage of the power of the most 
consumptive setting, and recommends that the floor be 40 percent of the 
most power consuming setting. This approach will help ensure that home 
picture setting is not overly dim as well as cap the maximum power 
consumption of a TV regardless of the picture setting. (SHARP, No. 14 
at p. 5) SHARP supports the maximum power ratio approach, given that 
the allowable home to retail picture settings power ratio is no more 
than 40 percent. SHARP believes that unlike the luminance ratio 
approach, which is a performance requirement, setting a threshold for 
reported power is part of the power measurement process. (SHARP, No. 14 
at p. 3) P.R. China suggests implementing an efficiency ratio of the 
output power and input power that includes luminance in the nominator, 
multiplied by the screen size, and divided by the input power. (China, 
No. 16 at p. 3)
    PG&E, California IOUs, and CEC requested a flexible test procedure 
with respect to luminance. PG&E and California IOUs recommended that 
the test procedure be designed so that policy-makers could consider 
luminance or power ratios between different preset picture settings. 
(PG&E, No. 12 at p. 2; California IOUs, No. 9 at p. 2) CEC urged DOE to 
adopt a test procedure which includes both power and luminance testing 
at a minimum picture setting and the retail picture setting, but 
provides enough flexibility that the policy makers can decide how these 
numbers are used to set standards. (CEC, No. 15 at p. 2)
    Interested parties also offered comments discouraging the possible 
inclusion of an absolute luminance measurement. Panasonic believes that 
absolute luminance does not provide enough data to determine if the TV 
is providing a ``satisfactory consumer viewing.'' Panasonic noted that 
many TV calibrators and video post production engineers consider the 
contrast ratio to be more important than absolute luminance. 
(Panasonic, No. 6 at p. 2) Panasonic also commented that when measuring 
luminance, the method must provide accurate results across all 
technologies, which is much easier with a ratio than with absolute 
luminance measurements. (Panasonic, No. 6 at p. 2) Finally, Panasonic 
commented that using a relative ratio is more tolerant of non-
calibrated luminance meters, measurement distances and angles and the 
measurement location because the error cancels out between the two 
measurements. (Panasonic, No. 6 at p. 3)
    In this NOPR, DOE is proposing measuring luminance to allow the 
ENERGY STAR program to utilize the measurement in section 5.3.1 
(luminance test) of appendix H to subpart B of 10 CFR part 430. As 
mentioned in section III.E.1 above, DOE is proposing to test the TV in 
home and retail picture settings. DOE is proposing to include a 
luminance ratio, as is done in ENERGY STAR v. 5.3. DOE believes that by 
taking a ratio, less error is introduced than if taking an absolute 
luminance measurement. Further, ratios have been used in many other TV 
efficiency measures. For example, ENERGY STAR v. 5.3 requires that home 
picture setting shall not be less than 65 percent of the peak luminance 
of the retail picture setting. The European Parliament requires a 
luminance ratio of at least 65 percent in the Commission Delegated 
Regulation (EU) No. 642/2009. Australia's government requires a 50 
percent luminance ratio in AS/NZS 62087.2.2:201. Although DOE does not 
currently intend to include the luminance measurements in its final 
metrics for measuring energy efficiency or consumption, testing for a 
luminance ratio will allow DOE's TVs test procedure to support the 
requirements of the ENERGY STAR Program and allow other regulating 
bodies to include a luminance ratio in their test procedures. DOE 
invites comments on luminance testing and including a luminance ratio. 
(See Issue 5 in section V.E ``Issues On Which DOE Seeks Comment'').
c. Video Signals
    To test luminance, ENERGY STAR v. 5.3 requires that a static video 
signal be displayed, and a measurement be taken using an LMD. In the 
2010 RFI, DOE asked for comments on the use of two video signals: The 
IEC 62087-2008 three bar video signal, which is the same as the IEC 
62087-2011 three bar video signal, and the Chinese TV test procedure's 
nine point video signal (hereafter referred to as the nine point video 
signal). 75 FR 54048, 54050. As mentioned, IEC 62087-2011 does not 
require luminance testing, whereas ENERGY STAR v. 5.3 requires that a 
single luminance measurement be taken while the TV is displaying the 
three bar video signal.
    DOE believes that an ideal TV luminance video signal should 
represent actual broadcast content as closely as possible so that the 
measured luminance is an accurate reflection of the luminance produced 
under real-world operating conditions and is technology-neutral. DOE 
recognizes that it is possible that an ideal video signal may vary 
depending on the purpose for which it will be used. DOE envisions that 
the three bar luminance video signal proposed in today's NOPR would be 
used as part of a luminance ratio. The table below lists the various 
video signals that DOE is considering as well as their perceived 
advantages and disadvantages. It should be noted that a number of 
stakeholder comments appear to equate the number of white areas in the 
video signal with the number of measurements. DOE wishes to clarify 
that these are two separate issues (for example, the nine point video 
signal could be used to test at anywhere between one and nine points); 
the number of measurements and related test burden are discussed in a 
following section. Any of the following video signals could be measured 
at a single point or multiple points.
    Three key features of plasma TV technology impact the brightness of 
white areas on their screens. These features, therefore, need to be 
taken into consideration in evaluating and selecting an appropriate 
technology-neutral video signal. Most plasma technology TVs limit 
brightness for very bright parts of the screen. As mentioned above, 
this feature called ABL is intended to protect the screen. Although the 
intention of ABL is to protect the screen, ABL functions differently 
across TVs. The protection is, however, generally based on the size of 
the bright area. For very small areas such as tiny spots seen on 
firework displays, ABL is likely to have little effect and the spots,

[[Page 2845]]

therefore, will be very bright. The larger the white area, the more ABL 
tends to be applied. The second type of protection is when a static 
picture is detected with bright (and maybe not so bright) areas. After 
several minutes of a static image the brightness may be decreased to 
try to eliminate phosphor image burn. The third protection mode 
operates when the whole screen is bright: To protect plasma drive 
circuits, the power, and thus also the luminance, tend to be limited. 
What is being observed is the image burning protection.
    DOE recognizes that none of the video signals currently under 
consideration is ideal. Each has advantages and disadvantages which are 
described below. Until a markedly improved video signal is made 
available, DOE is not inclined to change the status quo. DOE 
understands that IEC is contemplating a pattern with a dynamic video 
signal which may have significant advantages. DOE supports IEC's 
development of this potentially improved pattern and would consider 
incorporating it in future TV test procedures.
BILLING CODE 6450-01-P

[[Page 2846]]

[GRAPHIC] [TIFF OMITTED] TP19JA12.000

BILLING CODE 6450-01-C
    DOE received comments on each of the video signals (see sections, 
below), described above as well as alternative suggestions for 
luminance testing, including the number of measurements to take while 
displaying a particular video signal. In response to commenters' 
concerns, DOE considered multiple video signals when developing its 
NOPR. DOE considered the three bar, the nine point, and a DOE developed 
dynamic video signal. In this NOPR, DOE is proposing to test luminance 
using the three bar video signal in section 5.3.1.2 (three bar video 
signal measurement) of appendix H to subpart B of 10 CFR part 430, but 
is also considering using the other two signals.
---------------------------------------------------------------------------

    \20\ This pattern was created using the IEC 62087-2011 dynamic 
content video signal with black and white squares in the center of 
the screen as measurement points.
---------------------------------------------------------------------------

i. Three Bar Video Signal
    The three bar video signal was developed by the IEC and published 
in the third edition of its TV broadcast transmission test procedure, 
IEC 60107-1997 Ed. 3.0 ``Methods of measurement on receivers for TV 
broadcast transmissions--Part 1: General considerations--Measurements 
at radio and video frequencies.'' The three bar video signal is found 
in IEC 62087-2011, and is used to measure luminance in ENERGY STAR v. 
5.3. It is the most

[[Page 2847]]

widely used video signal for measuring luminance. The three bar video 
signal produces three equidistant vertical white bars on a black 
background. The width of each of these bars is \1/6\ of the nominal 
horizontal width of the picture. The three bar video signal has an APL 
of 50 percent. A higher APL can cause some plasma TVs to enter more 
quickly into a power limiting state to prevent screen burn-in caused by 
displaying a bright screen for an extended period of time.
    In response to the 2010 RFI, many commenters expressed desire for 
DOE to use the three bar video signal for testing luminance. CERC, CEA, 
Sony, Mitsubishi, and Panasonic supported the use of the three bar 
video signal. (CERC, No. 10 at p. 3; CEA, No. 13 at p. 4; Sony, No. 8 
at p. 2; Mitsubishi, No. 7 at p. 3; Panasonic, No. 6 at p. 3) 
Mitsubishi believes that the three bar video signal is adequate. 
(Mitsubishi, No. 7 at p. 4) Sony commented that the 3-bar test pattern 
is used in IEC and ENERGY STAR test procedures. Changing it will add 
complexity to an already complex subject. (Sony, No. 8 at p. 2) CEA 
stated that DOE should institute the ENERGY STAR test method of using 
the three-bar measurement procedure. (CEA, No. 13 at p. 4) Panasonic 
supports the use of the 3 bar pattern, as it is used by ENERGY STAR, 
CEA, CEC, and Australia. (Panasonic, No. 6 at p. 3)
    Conversely, SHARP commented that the three bar video signal is 
ineffective for plasma TVs, giving an advantage to the technology and 
is not necessarily ``unpredictable for LED backlit TVs,'' as DOE stated 
in the 2010 RFI. (SHARP, No. 14 at p. 4)
    Although DOE is proposing that luminance testing be conducted with 
the three bar video signal, DOE acknowledges that there are drawbacks 
associated with its use. The APL of the three bar video signal is 50 
percent, which is greater than that of typical broadcast content. The 
three bar video signal also does not have a reference point to 
vertically center the luminance meter readings which requires 
additional time to establish where the measurement should be taken. 
Another drawback to the three bar video signal is a static video signal 
which is not representative of typical TV program content. The final 
disadvantage to the three bar video signal is that it results in a 
quick ABL for plasma TVs due to the amount of white space on the 
screen. Although, the three bar video signal has disadvantages, DOE is 
currently unaware of a truly technology neutral video signal that isn't 
affected by the type of TV technology. Video signals can have differing 
affects on TV technologies resulting in higher power consumption in 
some technologies and lower power consumption in other technologies. 
Because the three bar video signal is the current industry standard, it 
is used as a basis for comparison for the other video signals 
considered in the sections below.
ii. Nine Point Video Signal
    The nine point video signal is used in the Chinese TV test 
procedure ICS 27.010. The video signal was developed to measure 
variations in luminance across the screen and account for local 
dimming. This video signal consists of nine white rectangular boxes 
symmetrically arranged in a three by three grid. The nine point video 
signal is also a static video signal which does not improve upon the 
current three bar video signal and can also result in some ABL for 
plasma TVs. The average APL for the nine point video signal is 17 
percent which is lower than typical broadcast content. (P.R. China, No. 
16 at p. 3) Because the nine point video signal has a lower APL than 
the three bar video signal, it alters the luminance ratio between home 
and retail picture settings for some TVs which would force policy 
makers to alter their respective luminance ratio requirements. DOE 
found that at least four different plasma TVs, which would have met 
ENERGY STAR requirements for luminance ratio with the three bar video 
signal, had a ratio below 65 percent when displaying the nine point 
video signal.
    Panasonic discouraged DOE from using the nine point video signal 
and Digital Video Essential (DVE) window (a VESA industry video signal) 
because Panasonic believes these patterns do not prevent some TVs from 
power limiting; therefore they are not technology neutral. Panasonic 
did not provide any comment on how the video signals impact the TV's 
power limiting. (Panasonic, No. 6 at p. 4)
    Alternatively, P.R. China recommended that DOE utilize the nine 
point video signal because the APL is 17 percent, it is technology 
neutral, and it accounts for non-uniform screen luminance. (P.R. China, 
No. 16 at p. 3)
    DOE conducted various tests utilizing the nine point video signal. 
After interpreting data, the absolute luminance values obtained while 
using the DOE nine point video signal were generally higher in the 
retail picture setting and lower in the home picture setting than those 
obtained while using the three bar video signal, particularly in plasma 
TVs. DOE believes these results can be attributed to the lower APL of 
the nine point video signal, which prevents the TV from quickly 
entering ABL. This video signal might than disproportionately 
disadvantage plasma TVs. DOE also determined that changing the video 
signal will also impact the luminance ratio. Due to the change in 
absolute luminance values obtained while using the DOE nine point video 
signal, luminance ratios generally decreased for plasma TVs when 
compared to displaying the three bar video signal. DOE did not find any 
other major trends in size or brand for the TVs in which the ratio 
differed when using the nine point video signal as opposed to the three 
bar video signal. Due to the reasons stated above, DOE has determined 
not to propose utilizing the nine point video signal in this NOPR.
iii. DOE Five Point Video Signal
    As mentioned above, DOE developed a five point video signal that 
has an APL identical to typical consumer broadcast content (34 
percent). This video signal is based largely on the VESA five point 
video signal and consists of five white rectangular boxes arranged with 
one box in the center of the screen and one box in each corner.
    Upon testing, DOE found that the absolute luminance values obtained 
while using the DOE five point video signal were generally lower than 
those obtained while using the three bar video signal. DOE believes 
these results are due to the fact that the five measurements took into 
account the perimeter of the screen which is typically dimmer than the 
center. Similar to the nine point and the VESA five point video signal, 
this can also be attributed to the location of the measurements taken, 
as the center of the screen is typically brighter than the edges. With 
testing, DOE determined that this video signal also displayed some ABL 
for some plasma TVs regardless of the fact that the APL is 34 percent. 
DOE did not find any major trends in size or brand for the TVs in which 
the ratio differed when using the DOE five point video signal as 
opposed to the three bar video signal other than changes in the 
luminance ratio for some TVs.
iv. DOE Dynamic Video Signal
    Finally, DOE is interested in the development of a video signal 
that it believes may be more representative of actual consumer use, and 
may be more technology neutral. A technology neutral video signal was 
requested by numerous interested parties in response to DOE's 2010 RFI.

[[Page 2848]]

    Some interested parties expressed a general desire for a technology 
neutral video signal or one that has an APL more similar to the IEC 
62087-2008 dynamic broadcast-content video signal, which is the same as 
the IEC 62087-2011 dynamic broadcast-content video signal. PG&E and 
California IOUs encouraged DOE to develop a video signal that has an 
APL that is more similar to the IEC 62087-2008 dynamic broadcast-
content video signal than the three bar video signal. This will help 
ensure that the luminance measurements are more reflective of actual TV 
usage. (PG&E, No. 12 at p. 2; California IOUs, No. 9 at p. 2) PG&E and 
the California IOUs also commented that the video signal should not 
favor one type of display technology over another. (PG&E, No. 12 at p. 
2; California IOUs, No. 9 at p. 2) Panasonic agreed that the goal of a 
technology neutral video signal is certainly appropriate, though they 
feel that such a pattern has been elusive. (Panasonic, No. 6 at p. 3) 
NRDC encourages DOE to track the IEC development effort that is in 
progress, because IEC may be considering a potentially more technology 
neutral video signal including the nine point video signal used in 
China. (NRDC, No. 5 at p. 4) Finally, CEC supported DOE's investigation 
to identify a suitable video signal and recommends one that has an APL 
close to that of the IEC 62087-2008 dynamic broadcast-content video 
signal. (CEC, No. 15 at p. 2) P. R. China agrees that an alternative 
video signal with an APL more similar to the IEC 62087-2008 dynamic 
broadcast-content video signal should be developed. (P.R. China, No. 16 
at p. 3) P.R. China suggests that TVs be adjusted using the ``8-gray 
scale mode'' and then be tested using the nine point video signal. 
(P.R. China, No. 16 at p. 3)
    Panasonic also suggested alternative language found in the EuP 642/
2009 \21\ to conduct luminance testing. The EuP 642/2009 allows for 
different video signals for various TV technologies and only specifies 
that the video signal must be a ``full screen,'' which does not exceed 
the APL point where power limiting occurs. (Panasonic, No. 6 at p. 3) 
Panasonic commented that the European Union recognizes that each 
technology has a different, non-linear methodology for determining the 
brightness of individual images and therefore has prescribed different 
video signals for various technologies to meet the criteria of having a 
video signal that is not ``power limiting'' or dimming the screen as 
more pixels are required to be illuminated. Panasonic believes that 
both of these methods are also valid approaches of measuring luminance. 
(Panasonic, No. 6 at p. 3)
---------------------------------------------------------------------------

    \21\ Directive 2005/32/EC of the European Parliament and of the 
Council with regard to ecodesign requirements for televisions http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:191:0042:0052:EN:PDF<ls-thn-eq>.
---------------------------------------------------------------------------

    Alternatively, Mitsubishi commented that the APL is irrelevant to 
the goal of measuring luminance, which is to determine if the home 
picture setting luminance is overly dim. (Mitsubishi, No. 7 at p. 3)
    To address interested party comments, DOE's subject matter experts 
\22\ have recommended development of a video signal that simulates the 
apparent brightness of a picture as well as an APL similar to the IEC 
62087-2011 dynamic broadcast-content video signal. The proposed video 
signal would consist of a black rectangle (with an APL of zero percent) 
and a white rectangle (with an APL of 100 percent) placed at the center 
of the IEC 62087-2008 dynamic broadcast-content video signal. These 
rectangles will maintain the video signal's APL at approximately 34 
percent, which is similar to typical broadcast content. Each rectangle 
would be approximately 1 x 1 inch for a 26 inch TV. The purpose of the 
small size of the rectangles is to minimize the overall impact they 
have on the APL of the video signal but allow for a white section to 
measure the luminance. Also, to help ensure that the TV does not detect 
the squares as stationary objects, the squares will alternate places 
with each other every minute.
---------------------------------------------------------------------------

    \22\ Keith Jones, Managing Director, Australian Digital Testing 
and Bob Harrison, Principal Scientist, U.K. Government Market 
Transformation Programme ICT and CE products.
---------------------------------------------------------------------------

    DOE hopes that this video signal will not unfairly benefit any 
specific technology, because it will simulate the state that the TV 
enters when displaying the IEC 62087-2011 dynamic broadcast-content 
video signal. This video signal may also prevent the TV from APL, 
because it is a dynamic video signal which neither the three bar nor 
nine point video signal are capable of preventing.
    In summary, DOE understands the issues associated with the three 
bar video signal as well as all static video signals, but is utilizing 
the three bar video signal as the tentative default video signal for 
this NOPR while it continues to investigate other video signals and 
receive comments about them. Although DOE is proposing to require the 
three bar video signal, it would appreciate any comments on measuring 
luminance while displaying either the nine point or dynamic video 
signal that DOE also considered for incorporation in this rulemaking. 
(See Issue 7 in section V.E ``Issues On Which DOE Seeks Comment'').
d. Number of Luminance Measurements
    In addition to the particular video signal displayed during 
luminance testing, the number of measurements and how those 
measurements are taken is important. In the 2010 RFI, DOE asked for 
comments on a nine point test measurement versus a single point test 
measurement. 75 FR 54048, 54050. Given the interested party feedback 
and additional testing discussed below, DOE is proposing to only 
require a single point luminance measurement.
    In response to the 2010 RFI, many commenters expressed desire for 
DOE to only require one luminance measurement if a luminance 
measurement is required. Mitsubishi stated that the variation of 
luminance across the screen, which they believe is the purpose of 
measuring multiple points while displaying the nine point video signal, 
does not relate to the goal of ensuring that TVs do not have a home 
picture setting that is overly dim. Mitsubishi added that, for this 
reason, taking nine measurements using the nine point video signal adds 
unnecessary burden. (Mitsubishi, No. 7 at p. 4) Sony believes that 
using a video signal other than the three bar video signal and 
measuring multiple points will add complexity to an already complex 
subject. (Sony, No. 8 at p. 2) Panasonic commented that the nine point 
video signal offers no benefit over the three bar video signal, noting 
that a nine points measurement requires more time, is more difficult to 
perform, and is less repeatable. (Panasonic, No. 6 at p. 3) Sony 
similarly stated that manufacturers in China suggested that measuring 
luminance while utilizing the nine point video signal is lengthy and 
complex when measuring multiple points, and it does not provide more 
meaningful energy information than measuring a single point, though 
Sony did not explicitly state which Chinese manufacturers provided this 
comment. (Sony, No. 8 at p. 2) CEA also strongly opposed replacing the 
single point luminance measurement with the nine point video signal 
measurement, because taking nine measurements adds burden without 
giving more meaningful results. (CEA, No. 13 at p. 5) SHARP believes 
that a single point measurement is adequate for a ratio test. SHARP 
added that the Chinese test procedure uses a nine point video signal 
since it outputs an absolute luminance.

[[Page 2849]]

(SHARP, No. 14 at p. 4) SHARP commented that a nine point video signal 
measurement is much more expensive than a single, centered measurement. 
(SHARP, No. 14 at p. 4)
    Other commenters urged DOE to adopt a luminance test that required 
multiple measurements, rather than a single measurement as currently 
required in ENERGY STAR v. 5.3. PG&E and California IOUs recommended 
DOE collect and analyze data using multiple point video signals to 
account for variations of luminance levels on different areas of a 
screen. (PG&E, No. 12 at p. 2; California IOUs, No. 9 at p. 2) PG&E and 
California IOUs acknowledged that adding a multiple measurement video 
signal will add test variation; however, they believe that luminance 
measurements from multiple points may be needed. (PG&E, No. 12 at p. 2; 
California IOUs, No. 9 at p. 2) NRDC did not specify a particular video 
signal to be used, but they prefer a method that requires multiple 
measurements rather than a single measurement. (NRDC, No. 5 at p. 4)
    DOE conducted testing with the nine point video signal in order to 
determine the drawbacks and benefits of measuring luminance at multiple 
locations compared to measuring at only one point. Testing using this 
video signal was conducted using two separate methods: (1) 
Perpendicularly realigning the LMD to the center of each of the nine 
white squares (hereinafter referred to as the DOE nine point method); 
and (2) aligning the LMD perpendicularly with the center white square, 
maintaining the LMD fixed position, and angling the meter to measure 
eight off-axis white squares (hereinafter referred to as the Chinese 
nine point method). A distance luminance measurement is required to 
test off-axis measurements, but both a distance and contact meter can 
be used to take the perpendicular measurements. These nine measurements 
can be averaged to arrive at the overall screen luminance, ensuring 
that the brightness across the entire screen is accounted for in the 
measurement. Although the results for individual points varied across 
the screen when measuring luminance at multiple locations, DOE notes 
that measuring the additional locations would not impact the luminance 
ratio as the ratio would remain similar between TVs. DOE found that 
each of the individual measurement points across the TV screen 
maintained a similar ratio in the home and retail picture setting. DOE 
therefore believes that its proposed method of measuring luminance at a 
single location is sufficient for this test procedure. DOE's test 
results show that the ratio from the average of the nine locations and 
only the central location are exactly the same on all but one TV tested 
which had ratios that were within three percent.\23\ Because luminance 
is calculated as a ratio, multiple location measurements serve to 
decrease the measurement accuracy and repeatability of measurement.
---------------------------------------------------------------------------

    \23\ The luminance ratio data indicates that the ratio from any 
one particular location (regardless of location) is similar between 
home and retail settings. This data can be found on the DOE Web 
site: Appliance and Commercial Equipment Standards: Television Sets. 
U.S. Department of Energy. August 2, 2011. <http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html>.
---------------------------------------------------------------------------

    In summary, DOE is proposing that only one luminance measurement be 
taken in each home and retail picture setting in section 5.3.1.2 (three 
bar video signal measurement) of appendix H to subpart B of 10 CFR part 
430. Taking multiple measurements, specifically with a distance meter, 
greatly increases the test burden and this burden outweighs the 
potential benefits of measuring multiple locations around the screen. 
Measuring only one location will also harmonize the DOE test procedure 
with other TV test procedures that manufacturers currently use to 
evaluate products. Although DOE is proposing to only require one 
luminance measurement per picture setting, DOE is seeking comments on 
taking a single measurement versus multiple measurements when testing 
for luminance, along with any testing data that supports or refutes 
DOE's proposed method.
e. Measurement Distances and Angles for Luminance Testing
    In the 2010 RFI, DOE considered requiring that luminance 
measurements be taken at various distances and angles, rather than 
perpendicular to the center of the screen as required by ENERGY STAR v. 
5.3. 75 FR 54048, 54050. However, after further investigation and input 
from interested parties, DOE is proposing that luminance measurements 
be taken perpendicular to the center of the screen, similar to the 
approach in the ENERGY STAR test procedure.
    PG&E and California IOUs believe that the angle needs to be 
specifically defined and that a perpendicular angle may be appropriate; 
they also recommend that DOE acquire test results using different 
angles to inform the decision. (PG&E, No. 12 at p. 2; California IOUs, 
No. 9 at p. 2) Sony questioned the need to measure at angles and the 
benefits it provides in a test procedure, stating that the optimal 
distances to take luminance measurements are described in the LMD 
specifications. (Sony, No. 8 at p. 2) Similarly, Panasonic recommended 
that a single luminance measurement be taken perpendicular to the 
center of the screen. (Panasonic, No. 6 at p. 4) They believe that the 
contrast will vary with the room ambient light and the viewing angles. 
(Panasonic, No. 6 at p. 2) CEA also stated that the measurement 
distances and angles are not as important as making the measurements in 
a consistent manner. (CEA, No. 13 at p. 5) P.R. China measures 
luminance from a distance of three times the height of a high-
definition TV screen and four times the height of a standard display TV 
screen because it simulates consumer viewing conditions. (P.R. China, 
No. 16 at p. 4) Finally, SHARP commented that luminance measurements at 
various distances and angles would only be appropriate if absolute 
luminance measurements were the goal. (SHARP, No. 14 at p. 4) SHARP 
also commented that a perpendicular measurement is adequate, if a 
luminance measurement is required. (SHARP, No. 14 at p. 4) SHARP stated 
that the correct distance for the measurement is dictated by the 
measurement tool, rather than the TV. (SHARP, No. 14 at p. 4)
    Taking nine perpendicular measurements using a distance measure 
greatly increases testing burden as it requires that the meter be 
aligned nine times, once for the measurement of each white square. The 
Chinese nine point method also increased burden as it requires nine 
measurements rather than a single one. Although the luminance meter 
only needs to be positioned once, the additional off-angle measurements 
still increase the burden of the test method. In addition, the Chinese 
nine point method eliminates the ability to use a contact LMD.
    As stated, above, DOE is proposing that luminance measurements be 
taken perpendicular to the center of the screen in section 5.3.1.1 (LMD 
setup) of appendix H to subpart B of 10 CFR part 430. DOE believes that 
measuring multiple locations on off-axis angles will add unnecessary 
variation to measurements made, will likely reduce the repeatability of 
the test and increase testing time. DOE is also proposing that the 
distance for which these measurements are taken are in accordance to 
the set specifications for the luminance measurement device, which can 
be found in III.D.1.c.ii of this NOPR.

[[Page 2850]]

4. On Mode
    DOE is proposing to use the IEC 62087-2011 on mode test procedure. 
This test procedure displays the widely accepted IEC 62087-2011 dynamic 
broadcast-content video signal while the TV is in the on mode. 
Consistent with ENERGY STAR v. 5.3, DOE is considering testing on mode 
differently depending on whether ABC is enabled or disabled when the TV 
is shipped. If the TV is shipped with ABC enabled by default, the TV 
would be tested at multiple room illuminance levels, and if the TV is 
without ABC enabled by default, it would only be tested in the home 
picture setting. However, DOE wishes to continue to encourage 
manufacturers to ship TVs with ABC enabled. Although DOE is proposing 
to measure on mode without being connected to the internet, DOE is also 
interested in receiving feedback on potentially measuring on mode while 
the TV is connected to the internet. See section 11 of this NOPR.
a. IEC 62087-2011 Dynamic Broadcast-Content Video Signal
    IEC 62087-2011 and ENERGY STAR v. 5.3 both require the use of the 
IEC 62087 dynamic broadcast-content video signal for on mode testing, 
which is the same in both the 2008 and 2011 versions of the test 
procedure. This video signal displays a variety of clips that have an 
average APL equivalent to typical broadcast content. DOE received a 
comment from NRDC supporting the use of the IEC 62087-2008 dynamic 
broadcast-content video signal. (NRDC, No. 5 at p. 2) Although no other 
interested party explicitly stated that the IEC 62087-2011 dynamic 
broadcast-content video signal should be incorporated, no interested 
party opposed the use of the video signal. Moreover, a number of 
parties suggested that the clip should be the basis for any 3D test 
procedure, affirming its wide acceptance. In this NOPR, DOE is 
proposing that the IEC 62087-2011 dynamic broadcast-content video 
signal be used to measure on mode energy consumption in 2D mode on all 
TVs.
b. Testing of Television Sets Shipped With Automatic Brightness Control 
Enabled
    ABC is a power saving feature in which the TV automatically adjusts 
the screen luminance to account for the ambient lighting conditions 
(room illuminance). IEC 62087-2011 and ENERGY STAR v. 5.3 require TVs 
with ABC enabled by default to be tested differently than those without 
ABC enabled by default. DOE requested comment on the method for testing 
TVs with ABC enabled by default, as well as which room illuminance 
levels are most appropriate for testing. 75 FR 54048, 54050.
    Interested parties were generally in support of DOE adopting a test 
procedure for TVs with ABC enabled by default. PG&E and California IOUs 
commented that appropriate implementation of an ABC feature for TVs 
could result in significant energy savings. (PG&E, No. 12 at p. 2; 
California IOUs, No. 9 at p. 2) PG&E and California IOUs urged DOE to 
adopt a repeatable and representative method for measuring energy 
consumption of TVs with ABC enabled by default, stating that this 
should be a key area of focus for DOE. (PG&E, No. 12 at pp. 2-3; 
California IOUs, No. 9 at pp. 2-3) PG&E and California IOUs have 
observed that the on mode power consumption reported to EPA drops by an 
average of 24 percent when testing with the ABC feature enabled. They 
obtained this data by comparing 18 specific TV models that did not have 
the ABC feature enabled on the August 2010 EPA product list, but did 
have it enabled on the September 2010 list. (PG&E, No. 12 at p. 3; 
California IOUs, No. 9 at p. 3) NRDC also supported the inclusion of a 
method to test TVs with ABC enabled by default, stating that when 
designed properly, the ABC feature can provide low cost means of 
delivering significant energy savings. (NRDC, No. 5 at p. 5) NRDC 
further commented that many TVs have ABC as a means to comply with the 
new, more stringent ENERGY STAR 4.1 specifications as well as standards 
in California and elsewhere that are also likely to be effective soon. 
(NRDC, No. 5 at p. 5) Sony commented that the IEC 62087-2008 and ENERGY 
STAR v. 4.1 use the proper method to measure ABC energy consumption, 
and in the absence of a better method, DOE should adopt the same 
method. (Sony, No. 8 at pp. 2-3) This same method is used in IEC 62087-
2011 and ENERGY STAR v. 4.3. SHARP believes that ABC scaling factors 
should continue to encourage adoption of a default-on ABC feature. 
(SHARP, No. 14 at p. 6) Panasonic commented that due to tremendous 
variability between TV manufacturers and individual models, it is 
difficult to measure the performance of the ABC features of TVs. 
(Panasonic, No. 6 at p. 5) Finally, CEA informed DOE that it will 
consider changes to ABC testing in the next revision of CEA-2037-2009 
and will propose any change to DOE. (CEA, No. 13 at p. 6)
    DOE agrees with the interested parties that are in support of 
incorporating TVs with ABC enabled by default in a test procedure. 
Although some interested parties disagree with the current method of 
measuring ABC energy savings, the majority of them agreed that testing 
TVs with ABC enabled by default was appropriate. DOE therefore is 
proposing to incorporate a test procedure for TVs with ABC enabled by 
default in section 5.4 (on mode test for TVs without ABC enabled by 
default) of appendix H to subpart B of 10 CFR part 430. The sections 
below provide details relating to room illuminance levels and the 
method for creating test room illuminance for purposes of measuring 
energy consumption of TVs enabled with ABC.
i. Test Room Illuminance Levels and Associated Television Luminance 
Levels
    ENERGY STAR v. 5.3 and IEC 62087-2011 require that ABC energy 
consumption be measured at two test room illuminance levels, 0 lux and 
greater than 300 lux. As mentioned in the 2010 RFI, a 2009 study 
conducted by Ecos Consulting discovered that ABC is often implemented 
in a manner that may not take full advantage of the potential energy 
savings.\24\ In particular, if implemented incorrectly, ABC may achieve 
significant energy savings at the expense of TV picture quality, 
reducing the likelihood that users will actually enable the feature and 
achieve the claimed energy savings. The study showed that some TVs 
reduce the brightness of their displays at 0 lux, and then increase the 
brightness significantly at room illuminance levels only slightly above 
0 lux. Since both IEC 62087-2011 and ENERGY STAR v. 5.3 only measure 
energy consumption at the mentioned two luminance levels, the TV seems 
to consume less energy than it does in use, causing results that are 
not representative of actual use. DOE also performed testing with 
respect to this issue and rarely observed any kind of gradual change in 
screen luminance in response to changes in room illuminance.\25\
---------------------------------------------------------------------------

    \24\ Calwell, Chris, Mercier, Catherine, & Foster-Porter, 
Suzanne. Assessment of Options for Improving Energy Efficiency Test 
Procedures for Display. http://www.efficientproducts.org/%5Creports%5Ctvs%5CEcos_Display%20Test%20Procedure%20Report_FINAL.pdf.
    \25\ The energy consumption at different illuminance levels 
while ABC is enabled can be found on the DOE Web site: Appliance and 
Commercial Equipment Standards: Television Sets. U.S. Department of 
Energy. August 2, 2011.  http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html.
---------------------------------------------------------------------------

    DOE conducted testing in mid-2011 on multiple TVs representing 
various manufacturers, display technologies, and screen sizes to 
understand how TV

[[Page 2851]]

luminance varies with changes in room illuminance when ABC is enabled. 
These measurements largely confirm those recently conducted by the 
Collaborative Labeling and Appliance Standards Program (CLASP \26\), 
revealing that some TVs increase their screen luminance in a steady, 
continuous fashion as room illuminance increases (models D and L in 1 
below).
---------------------------------------------------------------------------

    \26\ Jones, Keith, Analysis of Television Luminance and Power 
Consumption, CLASP, August 2011, http://www.clasponline.org/en/ResourcesTools/Resources/StandardsLabelingResourceLibrary/2011/Analysis-of-tv-luminance-and-power-consumption.
---------------------------------------------------------------------------

    DOE's testing shows that other TVs with ABC operate in a more 
binary fashion (models K and M in 1 below), holding luminance largely 
constant until room illuminance becomes quite low, and then dropping 
their luminance dramatically. This behavior is likely a consequence of 
the way ENERGY STAR currently provides an energy savings credit to TVs 
with ABC enabled by default, since ENERGY STAR currently only measures 
at 0 and 300 lux, and not at any intermediate points.
    Sample data from DOE's testing are shown in 1. DOE has provided the 
full data set for this testing on its Web site.\27\
---------------------------------------------------------------------------

    \27\ The energy consumption comparison when ABC is on and off 
can be found on the DOE Web site: Appliance and Commercial Equipment 
Standards: Television Sets. U.S. Department of Energy. August 2, 
2011. http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html.
[GRAPHIC] [TIFF OMITTED] TP19JA12.001

    DOE has also determined that a significant number of TVs that 
currently implement ABC do so in a way that yields unusually low screen 
luminance values (less than 50 nits) when room illuminance is at 10 lux 
or less. Display experts recommend a minimum luminance for dark room 
viewing conditions of approximately 80 to 137 nits.\28\ Very low 
luminance levels help to reduce energy consumption, but may yield a 
display that is so dim that users would want to disable ABC or modify 
room lighting conditions in order to cause the display to operate at a 
higher luminance level. In either case, much of the desired energy 
savings from ABC operation would be lost.
---------------------------------------------------------------------------

    \28\ The minimum luminance to which CNET calibrates televisions 
for optimal viewing in a dark room is 137 nits. See http://reviews.cnet.com/how-we-test/tv/. The Imaging Science Foundation 
(ISF) recommends a similar minimum luminance for dark room viewing 
conditions. Televisions with an ISF Expert display mode tested by 
DOE operated at a minimum luminance in that mode of 100 to 130 nits. 
Televisions with a THX display mode tested by DOE operated a minimum 
luminance in that mode of 80 to 95 nits.
---------------------------------------------------------------------------

    As a result, DOE is seeking comment from stakeholders regarding 
whether there should be a limit to the reduction in display luminance 
achieved from ABC, and how a minimally acceptable display luminance 
value should be established. DOE also received a number of comments on 
the appropriate room illuminance levels at which to conduct testing.
    CEC, PG&E and California IOUs encouraged DOE to continue to 
research room illuminance conditions that are representative of 
consumer homes. CEC supports improvements to ABC testing, and believes 
that more appropriate lighting levels can be derived from Illuminating 
Engineering Society of

[[Page 2852]]

North America (IESNA) studies. (CEC, No. 15 at p. 3) PG&E and 
California IOUs urged DOE to collect and analyze luminance and power 
data with and without ABC enabled with a range of room illuminance 
levels typical of consumer viewing conditions. (PG&E, No. 12 at p. 3; 
California IOUs, No. 9 at p. 3)
    Although some manufactures suggested that 0 lux should be changed, 
manufacturers were generally opposed to altering the room illuminance 
levels at which the TV is tested. Mitsubishi believes that measuring 
power at two levels of illuminance and assuming a linear relationship 
between the values is an approximation at best. (Mitsubishi, No. 7 at 
p. 5) They continued by adding that measuring at four illuminance 
points (e.g. 0, 10, 100, and 200 lux) doubles the testing burden on the 
lab making the measurement and does not ensure a linear relationship 
between any of the two points or necessarily make the power consumption 
approximation significantly better. (Mitsubishi, No. 7 at p. 5) NRDC 
stated that DOE should require testing at low, medium and high room 
light levels, all at least 100 lux or brighter, to better represent 
actual viewing conditions. (NRDC, No. 5 at p. 5) Further, NRDC asserted 
that the test should require the lab technician to report the power 
levels, at different luminance levels, and leave it to the policy maker 
to determine the weight at each level. The test procedure should also 
require testing with ABC off. (NRDC, No. 5 at p. 5) CEA advised against 
changing the ENERGY STAR specification, as testing at additional 
luminance levels will not create a more repeatable and representative 
test method without further testing. (CEA, No. 13 at p. 6) CEA 
recommends the use of ENERGY STAR's ABC test, but changing ``300 lux or 
greater'' to ``300 lux'' with a reasonable tolerance limit. (CEA, No. 
13 at p. 6) Additionally, Panasonic noted that if absolute luminance 
measurements are required at various levels other than 0 lux and 
greater than 300 lux, it will be difficult to develop a test method 
that ensures accurate and repeatable results across labs. (Panasonic, 
No. 6 at pp. 5-6) Sony believes that accurately capturing light 
conditions and energy savings associated with TVs equipped with ABC is 
difficult. Illuminance meters must be placed in the exact same position 
and orientation of the light sensor of the TV, in order to properly 
create the desired illuminance which varies from home to home and from 
test lab to test lab. Sony stated that the lighting conditions are 
outside of the scope of the test procedure. (Sony, No. 8 at p. 3)
    Alternatively, SHARP recommended that, at a minimum, the low light 
condition be increased somewhat above 0 lux, but to determine an 
appropriate value, or if additional levels are required, more data 
collection and study is required. (SHARP, No. 14 at p. 5) SHARP also 
supported the high illuminance condition being at precisely 300 lux, 
allowing for some reasonable tolerance in the measurement condition. 
(SHARP, No. 14 at p. 5)
    To determine the appropriate illuminance levels required during on 
mode testing for those TVs with ABC-enabled by default, DOE analyzed a 
Japanese study \29\ undertaken by Sony, Seikei University, Sharp, and 
Panasonic pertaining to room illuminance and ABC. In addition, DOE 
conducted its own preliminary room illuminance field test.\30\ In 2011, 
the Japanese study of 77 Japanese homes found that the most common room 
illuminance range of either day or night measurements was 50 to 75 lux, 
and room illuminance was 100 lux or less in more than 50 percent of the 
measurements.
---------------------------------------------------------------------------

    \29\ Matsumoto et al., ``Appropriate Luminance of LCD Television 
Screens under Real Viewing Conditions at Home'', The SID Digest, 
(2011).
    \30\ The preliminary field tests of room lighting levels can be 
found on the DOE Web site: Appliance and Commercial Equipment 
Standards: Television Sets. U.S. Department of Energy. August 2, 
2011. <http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html>.
---------------------------------------------------------------------------

    In June 2011, DOE conducted its own preliminary field tests of room 
lighting levels during TV viewing events.\31\ Room lighting levels and 
TV power consumption were logged continuously over a one-to-two week 
period in nine homes. From this data, light levels were correlated to 
times when the TV was actually being watched. Across the nine homes, 
the TV was watched for 10 minutes or more 95 times in the period under 
consideration. DOE has collated the logged illuminance levels for each 
of those sessions, defined as ``TV viewing session room illuminance'' 
measurements, and found that they ranged in duration from 10 minutes to 
over five hours. Thirty-one, or about one-third, of the TV viewing 
sessions occurred during the day (defined as 6 a.m. to 6 p.m.), and 64, 
or about two-thirds, occurred at night (6 p.m. to 6 a.m.). For daytime 
measurements, the range was 0 to 499 lux, with a mean of 116 lux and a 
median of 81 lux. For nighttime measurements, the range was 0 to 106 
lux, with a mean of 19 lux and a median of 12 lux. Across all room 
illuminance measurements, the mean was 51 lux and the median was 17 
lux. More than 90 percent of measurements had a room illuminance level 
between 1 and 200 lux, and more than 70 percent of the measurements had 
a room illuminance level between 5 and 100 lux.
---------------------------------------------------------------------------

    \31\ Id.
---------------------------------------------------------------------------

    In addition to the Japanese study and its own preliminary study, 
DOE is also aware that CLASP recently conducted a study which assessed 
how TV energy consumption is affected by illuminance levels.\32\ The 
CLASP study found that there is no consistency in the way in which 
manufacturers implement ABC (e.g. automatically adjusting TV luminance 
according to the ambient light levels). The CLASP study suggested that 
appropriate room illuminance levels at which to measure ABC are: 10, 
50, 100, and 300 lux \33\ to properly characterize how ABC performs.
---------------------------------------------------------------------------

    \32\ Jones, Keith. Analysis of Television Luminance and Power 
Consumption, CLASP, August 29, 2011, www.clasponline.org/, <http://www.clasponline.org/en/ResourcesTools/Resources/StandardsLabelingResourceLibrary/2011/Analysis-of-tv-luminance-and-power-consumption>.
    \33\ Id.
---------------------------------------------------------------------------

    Given DOE's preliminary results that more than 70 percent of 
measurements fell between a room illuminance level of 5 and 100 lux, 
and CLASP's recommended room illuminance levels, DOE is proposing to 
require testing at 10, 50, 100, and 300 lux illuminance levels in this 
NOPR. DOE is proposing this testing in section 5.5.1 of appendix H to 
subpart B of 10 CFR part 430. These proposed illuminance levels will 
help to characterize how TV energy consumption is altered by ABC, which 
is affected by changes in room lighting. The CLASP study included 
testing on forty TVs and investigated the energy consumption of TVs 
using ABC at various illuminance levels. DOE's own laboratory testing 
revealed that televisions implement ABC differently, with screen 
luminance often following a complex function of room illuminance. Some 
televisions exhibit an increase to nearly full screen luminance 
slightly above 0 lux, while others exhibit an ``S-shaped'' response to 
room illuminance, with maximum change occurring between approximately 
50 and 100-150 lux. Having at least three (and ideally four) 
measurement points at increasing room illuminance levels can begin to 
capture the shapes of either of these behaviors that become clearly 
evident with larger numbers of measurements.
    DOE is not proposing testing at 0 lux, because it believes that 
ambient lighting levels this low are very difficult to achieve in 
practice in homes or

[[Page 2853]]

laboratories when the television is operating. DOE is only proposing 
one point above 100 lux, based on the limited evidence available from 
the Japanese study and its own study (both referenced above), DOE 
assumes that viewing at illuminance levels higher than 100 lux will be 
limited. The studies measured room illuminance at different points--the 
Japanese study from the top of the television and facing the viewer, 
the DOE study from the bottom bezel of the television and facing the 
viewer--however, with the limited data collected, static measurements 
of light levels at these locations in the DOE study suggest that the 
difference in the recorded values is relatively small (12 percent lower 
when measured at the top of the television). DOE is also proposing to 
measure these 4 illuminace values with the IEC 62087-2011 main menu 
displayed on the TV. This screen is a static image that is seen 
directly before the Dynamic Broadcast video clip and is a predominantly 
black screen. This allows the TV to stay on so it doesn't need to be 
warmed up again and increases repeatability.
    DOE is proposing testing at multiple levels to reflect how ABC 
could change display luminance in relation to changes in room 
illuminance. Although DOE believes that testing at four illuminance 
levels is the most appropriate for this test procedure, it is also 
considering measuring at alternative illuminance levels to reduce test 
burden. DOE welcomes any comment on potentially testing less than four 
room illuminance levels, including which levels would be recommended 
and the rationale for such levels.
    DOE believes that it is difficult to measure exact ambient light 
values with illuminance meters having high accuracy (high resolution). 
As such, DOE is proposing specified tolerance values for each ambient 
light level. All measurements made shall be within the specified 
tolerance levels. The proposed tolerance levels for room illuminance 
measurements are based on the observation that power consumed by ABC-
enabled products varies greatly with changes in ambient lighting 
conditions less than 100 lux. Based on this observation, DOE would 
require that measurements at lower lighting levels be made as accurate 
as possible and, as such, proposes low tolerance levels at 10 lux 
(<plus-minus> 1 lux) and 50 lux (<plus-minus> 2 lux). DOE observed low 
variance in power consumed by TVs at higher ambient light levels and 
hence proposes greater tolerance levels at 100 lux (<plus-minus> 5 lux) 
and 300 lux (<plus-minus> 9 lux). These tolerance requirements have 
been incorporated in section 5.5.1 of appendix H to subpart B of 10 CFR 
part 430. DOE seeks comments from interested parties on setting 
tolerance levels at each room illuminance point. (See Issue 8 in 
section V.E ``Issues On Which DOE Seeks Comment'')
    DOE is currently not proposing to weigh power consumption at each 
of the illuminance levels. DOE is, however, considering a weighted 
average to calculate the overall power consumption recorded when 
testing at the four illumination levels by assigning equal weights to 
each of the values. The weighting would reflect the amount of time that 
the average TV spends in that particular illuminance level. Providing 
weighting to different illuminance levels reflects the fact that TVs 
are watched in rooms with different lighting levels and at different 
times of the day. If DOE had additional data on the proportion of time 
TVs spend within different illuminance ranges, DOE might consider 
assigning different weightings to the power consumptions recorded at 
each illuminance level. DOE welcomes comments from interested parties 
on the methods under consideration. (See Issue 8 in section V.E 
``Issues On Which DOE Seeks Comment'').
ii. Method for Creating Illuminance Conditions
    Once the respective illuminance levels have been selected, DOE must 
specify how to create the room illuminance in the test procedure to be 
both repeatable and representative. This involves the orientation of 
the illuminance measurement meter, the light source type and the 
location for measurement.
    In today's NOPR, DOE is proposing to measure the room illuminance 
at the location of the ABC sensor on the TV with the light entering 
directly into the sensor. This method is currently being employed by 
ENERGY STAR v. 5.3 as well as IEC 62087-2011, and was generally 
supported by interested parties. However, DOE is also considering an 
alternative method. The alternative method requires that the room 
illuminance be created using a diffused light source, and be measured 
either at the center of the screen or the location of the ABC sensor. 
In response to the 2010 RFI, DOE received comments on the appropriate 
method for creating illuminance levels.
    DOE received general comments requesting a test procedure that 
clearly outlines where to create and measure room illuminance with 
respect to the TV. NRDC encourages DOE to establish a more specific 
test method on how to measure the light that is entering the ABC sensor 
and/or the TV screen, but NRDC did not specify an appropriate 
alternative. (NRDC, No. 5 at p. 5) NRDC stated that the test procedure 
should provide detail on the orientation of the illuminance meter, the 
type of light source, and the location for measurement. (NRDC, No. 5 at 
p. 6) PG&E and California IOUs recommended that DOE specify guidance on 
illuminance meter orientation, source light and the direction of the 
source light to ensure consistent testing across products. (PG&E, No. 
12 at p. 3; California IOUs, No. 9 at p. 3)
    Commenters expressed desire for measuring the room illuminance at 
the location of the light presence sensor with the light directly 
entering the sensor. PG&E and the California IOUs recommend that 
measurement of room illuminance be taken at the location of the TV 
light presence sensor. (PG&E, No. 12 at p. 3; California IOUs, No. 9 at 
p. 3) Sony believed that to accurately capture light conditions, the 
illuminance meter should be placed at the sensor. (Sony, No. 8 at p. 3) 
Panasonic recommended that ABC be measured with the light entering 
directly into the TV's ambient light sensor as specified by IEC 62087-
2008, ENERGY STAR v. 4.1, and CEA 2037. (Panasonic, No. 6 at p. 6) CEA 
similarly commented that the illuminance measurement should be taken at 
the sensor and the illuminance meter should be in the same horizontal 
orientation as the light sensor to ensure repeatability across 
measurements. (CEA, No. 13 at p. 6) Finally, Panasonic commented that 
the illuminance should be measured immediately adjacent and in the same 
plane as the TV's ambient light sensor opening. They believe that 
measuring light at the center of the screen will not provide meaningful 
and repeatable results. (Panasonic, No. 6 at p. 6) SHARP commented that 
manufacturers do not gain any advantage by putting the ABC sensor in an 
obscure or hidden position, and thus the illuminance measurement 
location should be at the sensor. (SHARP, No. 14 at p. 6) SHARP also 
believed that no problem exists with respect to measurement location 
and lighting, and anything other than the IEC 62087-2008 method adds 
complexity, uncertainty and cost to the measurement. (SHARP, No. 14 at 
p. 6)
    DOE evaluated a second option for furnishing ambient light to the 
automatic brightness control sensors in a laboratory setup. This second 
option utilizes a diffuse light source. Such a source would be located 
further away from the TV than a direct source, and its light would 
reach the TV through a

[[Page 2854]]

combination of direct and indirect (e.g., reflections from the ceiling, 
walls, and floor) pathways. Although a diffuse light source better 
represents actual in-home lighting conditions, DOE determined that such 
an approach depends on too many variables that are difficult to control 
and which introduce uncertainties into the test procedure relative to 
the direct approach. The diffuse light source would need to be much 
brighter in order to yield the target lux values at the television. The 
light would be arriving at the television from many different angles 
and would be incident on the television screen as well as its ABC 
sensor. This increases the likelihood that the technician's position in 
the room during the test would influence the measured result, and makes 
it difficult to employ a non-contact luminance meter for television 
screen brightness measurements. Finally, differences in test room size, 
configuration, surface reflectivity, and light source type would also 
make it very difficult to replicate identical test conditions in 
multiple laboratories. For the above reasons, DOE proposes to employ 
only a direct light source for all ABC testing.
    In addition to specifying to lighting position and sensor 
measurement location, DOE also believes that it is necessary to specify 
the lighting type. Of artificial lighting sources, incandescent light 
most closely follows the spectral distribution of natural light. 
Compact fluorescent lights (CFL) and LED tend to be discontinuous in 
the spectral density curves which may impact the ABC sensors ability to 
perceive light. Incandescent lights have a color rendering index (CRI) 
of about 100 while CFL and LED have a CRI ranging from 75-85 (natural 
light has a CRI of 100, a metric used for how light makes the perceived 
color of an object appear). DOE is proposing that the room illuminance 
be created only by using 100 watt halogen incandescent light bulbs, 
although the number of bulbs needed is dependent on the size of the 
room and the distance from the ABC sensor.
    While DOE feels that specifying a halogen incandescent is 
sufficient for creating a repeatable lighting condition, DOE requests 
comments on incorporating a color temperature range in addition to 
lighting type. Consumers have a wide variety of lighting options to 
choose from ranging from ``warm'' (2800-3000 K) to ``cool'' (3600-5500 
K) color temperatures and it is still unknown how these characteristics 
may be perceived by ABC sensors. DOE also requests comments on a warm-
up time for the lighting source. Incandescent lights do not typically 
have the same warm-up characteristics as other lights like CFL that 
require time before reaching their optimal brightness.
    In today's NOPR, DOE is proposing to measure the room illuminance 
at the location of the ABC sensor on the TV with a halogen incandescent 
light source entering directly into the sensor in section 5.5.2 of 
appendix H to subpart B of 10 CFR part 430. Although neither ENERGY 
STAR v. 5.3 or IEC 62087-2011 specifies the particular location of the 
light source, DOE believes that through specifying the location, it 
will have a more thorough and complete test procedure that is 
representative of actual use. Although DOE is proposing to measure 
using only one light source, DOE is also interested in receiving 
feedback on measuring using multiple light sources. (See Issue 9 in 
section V.E ``Issues On Which DOE Seeks Comment'').
c. Television Sets Shipped Without Automatic Brightness Control Enabled
    For TVs shipped without ABC enabled, DOE is proposing to 
incorporate testing consistent to that in the ENERGY STAR v. 5.3, which 
references Section 11: Measuring Conditions for Television Sets in On 
(average) Mode of IEC 62087, Ed 2.0. DOE believes that this is a 
respected method that is widely accepted in industry and reasonably 
measures the average on mode power consumption of the TV in section 
5.4.1 of appendix H to subpart B of 10 CFR part 430. In this test 
procedure, the on mode power consumption is obtained by playing the IEC 
62087-2011 dynamic-broadcast video signal (which was created to mimic 
typical TV content) in ``as shipped'' condition which is the mode in 
which DOE assumes that most TVs stay according to feedback from Sony. 
As noted above, Sony commented that their call center data indicates 
that more than 95 percent of returned sets remain in the home picture 
setting when received. (Sony, No. 8 at p. 2) DOE did not receive any 
comments pertaining to on mode power testing for TVs shipped without 
ABC enabled.
d. Three Dimensional Display Testing
    In the 2010 RFI, DOE requested comment on incorporating a test 
method for testing TVs capable of displaying 3D images in 3D mode. 75 
FR 54048, 54051. Interested parties commented on the inclusion of this 
testing into the DOE test procedure.
    All agreed that 3D was likely to become increasingly prevalent. 
Interested parties, however, had mixed views as to the importance of 
DOE incorporating 3D testing in this version of its test procedure. 
Some did not seem to consider it a priority, some considered it 
premature, stating that the market share is currently small but rapidly 
increasing and the technology is still developing, and others felt it 
should clearly be included. Sony offered its support to DOE's studies 
into 3D technology. They believe that the amount of time consumers 
spend watching 3D content is currently relatively small compared to 2D 
content but increasing. Sony believes that sufficient time should be 
allowed for the IEC to create a 3D version of its 2D dynamic broadcast-
content video signal. (Sony, No. 8 at p. 3) Mitsubishi commented that a 
test procedure for 3D should be included in DOE's test procedure but it 
need not involve a 3D disc, 2D content could be converted to 3D in real 
time. (Mitsubishi, No. 7 at p. 6) NRDC commented that TVs having the 
``3D boost'' feature could result in a significant increase in TV power 
to display 3D content. (NRDC, No. 5 at p. 6) Panasonic asserts that TVs 
display 3D images in a similar manner as 2D images. Thus, they believe 
that a TV that is efficient in 2D mode will also be efficient in 3D 
mode, when compared to other TVs operating in 3D mode. Once IEC has 
developed a 3D clip, or even before, Panasonic believes that it should 
be referenced by DOE. (Panasonic, No. 6 at p. 7) CEA believes that DOE 
should support standards development organizations investigating 3D 
technologies but due to the lack of a standardized method and current 
small volumes on the market, 3D technology should not be included in 
DOE's current test procedure. CEA acknowledged that it may be 
appropriate to modify the DOE test procedure in the future to include 
3D testing. (CEA, No. 13 at pp. 7-8) P.R. China suggested that it is 
too early to consider 3D technology in the DOE test procedure. (P.R. 
China, No. 16 at p. 5) SHARP believes that it is premature to set power 
standards for TV in 3D modes stating that there are three things that 
are needed: Standardized language for testing, a standardized test 
signal, and accurate weightings based on actual viewing habits. SHARP 
recommended that the IEC develop a 3D dynamic broadcast-content video 
signal, but such a result is unlikely to be available before late 2012. 
(SHARP, No. 14 at p. 7) DOE should revisit 3D power measurements when a 
3D dynamic broadcast-content video signal becomes available--probably 
no earlier than 2013. (SHARP, No. 14 at p. 7) PG&E, California IOUs, 
and Mitsubishi supported DOE in currently including 3D testing in its

[[Page 2855]]

proposed test procedure. PG&E and California IOUs commented that 3D TVs 
are expected to significantly increase in market share, and drop in 
price. Therefore they urged DOE to develop a test procedure that 
applies to 3D TVs on the market. (California IOUs, No. 9 at p. 3; PG&E, 
No. 12 at p. 3) Although Mitsubishi recognized the difficulties of 
creating a test procedure for testing 3D, they believed that power 
consumption in 3D operating mode(s) should have a single, recognized 
test procedure, and that power consumption in 3D operating mode(s) 
should be measured. (Mitsubishi, No. 7 at p. 6)
    DOE recognizes that 3D content is becoming increasingly popular and 
that 3D TVs are becoming more affordable. PG&E and California IOUs 
cited a study that showed that 3D TVs are projected to increase from 
4.2 million units in 2010 to 78 million units by 2015, rising at a 
compound annual growth rate of 80 percent, and that the global average 
selling price for 3D TVs in 2015 will drop by more than half the price 
in 2010. \34\ (California IOUs, No. 9 at p. 3; PG&E, No. 12 at p. 3) 
Industry has more recently indicated that over the next couple of years 
3D will become a common feature on many TVs, almost available as 
standard on larger screen sizes and with higher end models (Society for 
Information Display conference, 2011). Moreover, 3D content is becoming 
increasingly prevalent with emerging native 3D material (movies, sports 
content etc. shot in 3D), and Blu-ray players and TVs on the market 
with the ability to convert content from 2D to 3D. DOE understands the 
need for a standardized method for measuring the power consumption of 
TVs in 3D mode. DOE's research thus far indicates that for most 
mainstream technologies' 3D mode consumes a significant additional 
power premium. However, DOE understands that 3D is a developing 
technology and will most likely take time to mature.
---------------------------------------------------------------------------

    \34\ Global 3-D TV Shipments Set to Soar to 78 Million Units in 
2015. Riddhi Patel. iSuppli Press Release. March 1, 2010.
---------------------------------------------------------------------------

    In today's NOPR, DOE is not proposing to include a test procedure 
to measure 3D energy consumption for the reasons that: (a) 3D 
technology has not yet stabilized, and (b) a uniform method for 3D mode 
energy measurement has not yet been created. However, DOE is 
considering two potential alternatives for future inclusion in its test 
procedure. The two alternatives involve either creating a 3D dynamic 
broadcast-content video signal similar to that of the IEC 62087-2011 
dynamic broadcast-content video signal, or employing a device that can 
uniformly convert the 2D dynamic broadcast-content video signal to 3D 
and output 3D content in real time. The two potential test methods 
under consideration are outlined below.
    For the first approach that DOE is considering, DOE would create a 
3D test disc capable of being played in a Blu-ray player. DOE has been 
working closely with the IEC. IEC has agreed in principle to provide 
DOE with all the rights which it is able to provide DOE to modify the 
2D test clip and distribute modified versions of the test clip. If DOE 
creates a modified 3D version of the IEC test clip for any purpose, it 
has agreed to provide a copy to IEC which IEC could then use in its 
development of an IEC 3D test clip.\35\
---------------------------------------------------------------------------

    \35\ IEC and necessary copyright holders have agreed in 
principle to allow DOE to modify the test clip and return it to IEC. 
IEC is able to assign rights over the material in the test clip with 
the possible exception of certain portions of the test clip owned by 
one copyright holder. Currently, DOE is in discussions with that 
copyright holder.
---------------------------------------------------------------------------

    It is the intent of DOE that the disc will be capable of playing 
Blu-ray format 3D, an HDMI 1.4 interface at 1080 horizontal lines of 
vertical resolution and at least 1440 vertical lines of horizontal 
resolution. When playing the disc, 3D capable TVs will recognize that 
the disc contains 3D content, and will switch into 3D mode. The average 
APL of the 3D disc would be 34 percent thus simulating normal viewing 
content even while the TV is in 3D mode. At this time, DOE believes 
that this approach is the best approach for developing a 3D test 
procedure and is interested in working with the IEC and other 
interested parties in its development.
    DOE is also considering a second approach, which employs a device 
that can convert the 2D test clip to 3D and output 3D content in real 
time. Under this approach, DOE would try to develop a performance 
specification for Blu-ray devices that have this capability to ensure 
that the test results are consistent across labs if using different 2D 
to 3D convertors. DOE has tested some of these devices, and cannot 
conclude at this time what the performance specification should be for 
these devices. However, DOE welcomes comments on this aspect of the 
test procedure under consideration.
    As mentioned, DOE has performed 3D testing using two Blu-ray 
players available for sale in the U.S. from different manufacturers, 
both of which are able to convert 2D images to 3D in real time. DOE 
measured the average power consumption over a specified amount of time 
and then played a 2D disc of the same footage on the 2D to 3D 
converter. DOE found very little difference between TV power measured 
using 3D source material and TV power measured using 2D source material 
converted to 3D using the Blu-ray players. To make the comparison, DOE 
used market available Blu-ray videos with both a 3D and a 2D version 
and measured the energy consumption over the same ten minute section of 
the film using both methods for generating 3D material. The comparison 
was made on five 3D capable televisions spanning LED LCD, plasma, and 
DLP technologies.
    DOE believes that, generally, the limited test results of the 
convertor are comparable to those of playing 3D content. However, there 
were issues with this approach. DOE is concerned that the variability 
found between playing the test clip in the converter, versus playing a 
3D test clip, can be a function of the test clip, converter and TV used 
in the test and is not certain how to develop an adequate performance 
specification for the converter alone. DOE also found through testing 
that not all convertors worked with all TV brands. Further, DOE 
determined that, in some cases, the convertors put the TV into a mode 
that consumed less energy when playing 2D content converted to 3D than 
when playing the same content in 2D.
    DOE requests comment on these two options for generating the video 
signal for 3D TVs, along with any other considerations for testing 3D 
TVs. (See Issue 10 in section V.E ``Issues On Which DOE Seeks 
Comment'').
5. Standby and Off Modes
    As mentioned above, EISA 2007 requires DOE to include consideration 
of standby mode and off mode energy consumption in future amendments to 
both its test procedure and energy conservation standard. In order to 
adhere to EISA 2007, DOE is proposing to include the standby mode 
requirements according to IEC 62087-2011 and the off mode requirements 
according to IEC 62301-2011. When developing a proposed standby and off 
mode test procedure, DOE assessed both IEC 62301-2005 Household 
Electrical Appliances--Measurement of Standby Power and IEC 62087-2011. 
ENERGY STAR v. 5.3 references IEC 62087-2011. In today's NOPR, DOE is 
proposing to incorporate standby tests for standby-passive in section 
5.6.1 (standby-passive mode test) of appendix H to subpart B of 10 CFR 
part 430 and standby-active, high in section 5.6.2 (standby-active, 
high mode test) of appendix H to subpart B of 10 CFR part 430 as well 
as

[[Page 2856]]

an off mode test in section 5.7 (off mode) of appendix H to subpart B 
of 10 CFR part 430. Although DOE is not currently proposing to include 
a standby test for standby-active, low, DOE is considering this 
requirement for the future.
    In the 2010 RFI, DOE requested comments dealing with standby and 
off mode. Specifically DOE focused on additional functions, internet 
connectivity and power saving technologies, since they can possibly 
alter the energy consumed by the TV. 75 FR 54048, 54051.
a. Additional Functions
    As mentioned above, additional functions have the potential to 
increase energy consumption while the TV is in standby and off mode. 
Additional functions are defined as any function that is not required 
for the basic operation of the device. Although DOE did not 
specifically request comments pertaining to additional functions in the 
2010 RFI, both NRDC and SHARP provided comments on assessing the power 
use associated with additional functions.
    NRDC asked that DOE provide guidance in its test procedure for 
additional functions and that DOE revise the standby section of IEC 
62087-2008, which is the same as IEC 62087-2011. NRDC believes that the 
test procedure must address whether the TVs additional functions should 
be left as is, turned on, or turned off/disabled prior to testing. 
(NRDC, No. 5 at p. 2)
    Although NRDC requested guidance, they were generally opposed to 
testing with additional functions switched on unless initially enabled 
by default. NRDC believes that built-in DVD and Blu-ray players should 
be tested without a disc inserted, and play should not be selected. 
However, they believe that the DVD and Blu-ray players should not be 
allowed to be turned off or physically removed prior to testing. (NRDC, 
No. 5 at p. 2) NRDC also commented that the TV should be tested without 
the cable card inserted, but DOE should potentially include a 
supplement to its test procedure that allows guidance on how to report 
for features such as cable cards. (NRDC, No. 5 at p. 3) Additionally, 
DOE should gather data and evaluate methods, including the Australian 
method, which includes measuring standby-active and standby-passive 
once the TV has been tuned to an Australian broadcast channel. (NRDC, 
No. 5 at p. 7)
    SHARP was also opposed to enabling additional functions when 
conducting energy measurements. SHARP commented that IEC 62087-2008 
requires that additional functions be turned off to provide for 
equivalent TV model comparison. (SHARP, No. 14 at p. 8) SHARP 
recommends that DOE follow precedence and measure the basic TV 
functions without intervention in the areas of nascent technologies, 
services and innovations. (SHARP, No. 14 at p. 9)
    In this NOPR, DOE is proposing testing the TV as shipped, without 
manually enabling any additional functions. This method is consistent 
with the comments made by both SHARP and NRDC. Although enabling 
additional functions while testing in standby and off mode would 
encourage manufacturers to lower energy consumption for those 
functions, it would make it difficult to compare TVs with different 
functions. Also, DOE is not aware of any usage data that illustrates 
how consumers use TVs with additional functions and DOE believes that 
proposing testing with additional functions would require an 
understanding of such usage.
b. Power Saving Technologies
    The number of TVs that are being sold with various power saving 
technologies is continuing to increase, and therefore DOE investigated 
the how these technologies affect energy consumption. These 
technologies include, but are not limited to, auto-shut-off, presence 
sensor, DPMS, and HDMI-CEC.
    Panasonic, Sony, NRDC, and SHARP believe that TVs with power saving 
technologies should not be given an energy credit in the current 
rulemaking because many are still being developed. Panasonic believes 
that it would be difficult to determine the amount of power saved and 
to obtain data by various power saving technologies and complex 
measurement procedures will not be useful. (Panasonic, No. 6 at p. 7) 
Sony stated that it is impossible to know the actual savings of energy 
saving functions, so additional studies are needed prior to DOE 
adopting them in its test procedure. (Sony, No. 8 at p. 4) LG stated 
that the ENERGY STAR and IEC 62087-2008 test procedure, which only 
account for ABC, adequately evaluate power saving functions available 
today. (LG, No. 3 at p. 2) CEA also stated that not every possible 
energy using feature needs to be covered, especially if it is too 
difficult, impractical, costly or speculative. (CEA, No. 13 at p. 2) 
More specifically, NRDC and Panasonic do not support giving credit for 
presence sensors; a power saving technology that turns the TV off if it 
senses that no consumers are viewing it. They believe that the 
technology will likely be disabled by the consumer; assuming the TV is 
shipped with presence sensors enabled. (NRDC, No. 5 at p. 7; Panasonic, 
No. 6 at p. 8).
    SHARP also noted that many power saving technologies are 
proprietary and should therefore be avoided. Specifically, DPMS has 
intellectual property implications. (SHARP, No. 14 at p. 9) SHARP 
believes that HDMI-CEC can provide some mechanisms for power saving. 
They supported their comment by stating that the application layer is 
not well enough defined for consistent cross-company interoperability, 
and many HDMI-CEC implementations are currently proprietary. (SHARP, 
No. 14 at p. 9)
    Many interested parties supported DOE research into power saving 
technologies. NRDC urged DOE to revisit power savings features, and 
whether credits should be provided for power saving features. (NRDC, 
No. 5 at p. 7) CEA also encouraged DOE to continue to study and 
investigate energy saving features but be cautious as to not promote 
technology that is restrictive and costly. (CEA, No. 13 at p. 8) CERC 
believes that the standard should be allowed to evolve with new 
technologies. CERC commented that technologies still in early 
development, including automatic shut-off and ABC, should be allowed to 
be developed more fully before a standard and test procedure are 
imposed on their operation, allowing manufacturers more incentive to 
innovate. (CERC, No. 10 at pp. 2-3) PG&E and the California IOUs urged 
DOE to account for new technologies in the test procedure to the 
greatest extent possible. (PG&E, No. 12 at p. 4; California IOUs, No. 9 
at p. 4)
    Finally, some manufacturers commented on specific power saving 
technologies available in products today. Sony commented that its TVs 
contain intelligent presence sensors with face and motion detectors, 
light sensors, power savings (regardless of picture mode), idle TV 
standby, auto shut-off and the energy savings switch (completely off). 
(Sony, No. 8 at p. 4) LG commented that their TVs have features that 
place the TV into standby mode if no signal is present for 15 minutes. 
(LG, No. 3 at p. 2) SHARP commented that the auto-standby feature that 
is available in some manufacturers' products can potentially save 
energy, but also may annoy consumers. (SHARP, No. 14 at p. 9) SHARP 
also believes that California's requirement that the power button put 
the TV into passive standby, can have negative consequences, such as 
terminating a nearly complete program guide download. (SHARP, No. 14 at 
p. 9)

[[Page 2857]]

    Given the interested party feedback, DOE is not proposing to test 
new power saving technologies because DOE believes more investigation 
is needed to be able to better understand any potential benefits from 
these technologies. Although DOE will continue to investigate the new 
technologies, DOE believes that the market is currently at too early a 
stage of development. In order to continue to investigate these new 
technologies, DOE welcomes interest parties submit information 
pertaining to all power saving technologies, which would help DOE in 
its investigation present on TVs.
c. Standby Modes
i. Standby-Passive Mode
    As stated in section 5 above, DOE is proposing a test procedure for 
standby-passive mode in section 5.6.1 (standby-passive mode test) of 
appendix H to subpart B of 10 CFR part 430. IEC 62087-2011 defines 
standby-passive mode as the mode in which the appliance is connected to 
a power source, produces neither sound nor picture but can be switched 
into another mode with the remote control unit or an internal signal as 
referenced in III.C.3.a of this NOPR. Testing in this mode would 
require putting the TV into standby-passive mode as defined in section 
2.12 (standby-passive mode) of appendix H in subpart B of 10 CFR part 
430, and measuring the power consumed according to section 4.3.1 of IEC 
62301-2011. Standby-passive mode would include modes such as when the 
TV is connected to the internet but not actively receiving a signal.
ii. Standby-Active, Low Mode
    The number of TVs that are being sold with the capability of 
accessing the internet (either wirelessly or via Ethernet) is 
continuing to increase; PG&E and California IOUs stated that by 2014, 
internet-enabled TVs are estimated to account for 54 percent of the 
total global TV market. They supported their statement by commenting 
that in 2010, shipments of these TVs rose 125 percent globally from 
2009. (PG&E, No. 12 at p. 4; California IOUs, No. 9 at p. 4) In the 
2010 RFI, DOE requested comments on testing TVs with internet 
connectivity. 75 FR 54048, 54051.
    Some interested parties commented in favor of TVs being connected 
to the internet when measuring standby and off mode energy consumption. 
NRDC suggested that the TV should be connected to the internet, then 
turned off normally, and the energy consumption associated with the TV 
being connected to the internet should be measured and reported as part 
of standby power use. (NRDC, No. 5 at p. 2) PG&E and the California 
IOUs also stated that DOE should incorporate internet connectivity and 
power usage associated with this feature in the test procedure. They 
suggested that DOE do this by including a network mode, consistent with 
what will be included in IEC 62301 Edition 2.0. (PG&E, No. 12 at p. 4; 
California IOUs, No. 9 at p. 4)
    Other interested parties commented that internet connectivity 
energy consumption should not be included in the test procedure. 
Interested parties commented against including a general internet 
measurement as well as enabling internet when conducting the standby 
test. Interested parties reasoned that internet connectivity has not 
been researched thoroughly, and is still in the early development 
stages. Sony commented that their limited data suggests that the power 
consumption of TVs equipped with Ethernet ports is equivalent to the 
power consumption in the home mode while streaming contracted network 
connects from the various service providers. (Sony, No. 8 at p. 3) Sony 
also stated that because power and usage of internet capable TVs is 
unknown, additional study is needed prior to incorporating it into the 
test procedure. (Sony, No. 8 at p. 3) CEA similarly stated that 
internet connectivity is still in an early phase of development and 
should therefore not be included in the test procedure without further 
research. (CEA, No. 13 at p. 8) Panasonic recommends using the same on 
mode power measurement with the IEC 62087-2008 dynamic-broadcast video 
signal, regardless of the TV's internet capabilities. (Panasonic, No. 6 
at p. 8) Panasonic believes that the power consumed from an internet 
connection is minimal and complex, and will be difficult to reproduce. 
(Panasonic, No. 6 at p. 8) SHARP further commented that consumers all 
use the internet differently, so setting a test procedure to mirror 
actual internet use would be a daunting task with minimal value. 
(SHARP, No. 14 at p. 8) SHARP believes that much more study is required 
before DOE can characterize the power consumed from TVs based on active 
internet use. (SHARP, No. 14 at p. 8) SHARP believes that due to 
competitive pricing, TVs have limited storage capacity, and therefore 
internet communications are limited or non-existent when the TV is in 
sleep mode, making testing it not relevant. (SHARP, No. 14 at p. 8)
    Other interested parties commented on specific details pertaining 
to internet connectivity energy consumption. NRDC believes that the 
test procedure should have language to ensure that no content is being 
downloaded from the internet while the measurement is being made. 
(NRDC, No. 5 at pp. 2-3) LG commented that ``currently the HDMI input 
is available to the IEC Standard 62087 internet source; however it is 
impossible to implement it through the current environment LAN Port.'' 
(LG, No. 3 at p. 2) DOE notes that while IEC 62087-2011 provides a 
video signal of different Web sites to represent internet energy 
consumption, there is currently no standard method for measuring actual 
internet usage when connected to the internet via a LAN Port.
    Given the comments received in the 2010 RFI, DOE researched the 
energy consumption associated with internet, HDMI, and cable 
connectivity. DOE completed standby and off mode energy testing while 
the TV was connected to the internet (both wirelessly and via 
Ethernet), while connected to a cable signal, while connected to a 
peripheral device through a HDMI cable and while not connected to input 
or output sources except for power. DOE found very little evidence of 
increased energy consumption associated with additional connections 
while the TV was in standby and off mode \36\.
---------------------------------------------------------------------------

    \36\ The data indicating a lack of increased power consumption 
associated with connecting the TV to the internet, cable or an HDMI 
input can be found on the DOE Web site: Appliance and Commercial 
Equipment Standards: Television Sets. U.S. Department of Energy. 
August 2, 2011. http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html.
---------------------------------------------------------------------------

    In today's NOPR, DOE is proposing to test standby and off mode 
energy consumption without having the TV connected to the internet in 
sections 5.6 (standby mode tests) and 5.7 (off mode test) of appendix H 
to subpart B of 10 CFR part 430. As mentioned above, DOE also conducted 
testing when the TV was connected to both a cable signal and an HDMI 
input. DOE did not measure a significant power increase when the TV was 
connected to the internet, cable or an HDMI input while in standby mode 
or off mode \37\ DOE believes that conducting additional standby 
testing while the TV is connected to an internet, cable or HDMI input 
is unduly burdensome due to the lack of significant results indicating 
increased energy consumption from DOE's testing. Therefore, DOE is not 
proposing to require that the TV be connected to a cable input, HDMI 
input or to the internet when testing standby and off mode energy 
consumption. However, DOE welcomes comments by interested parties on 
the energy consumption

[[Page 2858]]

associated with internet connectivity in standby mode should be 
included. (See Issue 11 in section V.E ``Issues On Which DOE Seeks 
Comment'').
---------------------------------------------------------------------------

    \37\ Id.
---------------------------------------------------------------------------

iii. Standby-Active, High Mode
    IEC defines standby-active, high as the mode when the appliance is 
connected to a power source, produces neither sound nor picture but 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 and is exchanging/receiving data with/from an 
external source. DOE believes that the TV is in standby-active, high 
mode when the TV is actively exchanging/receiving data (likely from the 
internet) as well as while in DAM mode. In the 2010 RFI, DOE requested 
feedback as to the possibility of including a DAM test. 75 FR 54048, 
54051.
iv. Download Acquisition Mode
    ENERGY STAR v. 5.3 defines DAM as the mode where the product is 
connected to a mains power source, is not producing a sound or a 
picture, and is actively downloading data, to include but not limited 
to, channel listing information according to a defined schedule for use 
by the electronic programming guide, TV setup data, channel map 
updates, TV firmware updates, monitoring for emergency messaging/
communications and/or otherwise communicating through a network 
protocol. DOE believes it is important to include DAM testing because 
the tested TVs had heightened energy consumption while in this mode.
    Several interested parties commented that DAM should be tested. 
PG&E and the California IOUs indicated that there has been at least one 
reported instance of a TV consuming a significantly greater amount of 
power and spending a majority of time in DAM when the TV should have 
been in standby mode. Therefore, they urged DOE to account for DAM in 
its test procedure. (PG&E, No. 12 at p. 5; California IOUs, No. 9 at p. 
5) They requested that the test programming content, used for testing 
in DAM, should be publically available and able to be utilized by non-
proprietary technology. (PG&E, No. 12 at p. 4; California IOUs, No. 9 
at p. 4)
    Many interested parties specifically suggested that DOE implement 
the ``CEA Test Procedure for Download Acquisition Mode Testing'' \38\ 
(CEA test procedure for DAM testing). Specifically, Sony, LG, Panasonic 
and CEA recommended that DOE adopt this test procedure. (Sony, No. 8 at 
p. 3; LG, No. 3 at p. 2; Panasonic, No. 6 at p. 8; CEA, No. 13 at p. 8) 
Panasonic and Sony supported their recommendations by noting that 
ENERGY STAR v. 4.1 references the CEA test procedure for DAM testing. 
(Panasonic, No. 6 at p. 8; CEA, No. 13 at p. 8)
---------------------------------------------------------------------------

    \38\ CEA Procedure for Download Acquisition Mode DAM Testing: 
For TVs, September 8, 2010. <http://www.energystar.gov/ia/partners/prod_development/revisions/downloads/television/CEA_DAM_Test_Procedure.pdf>.
---------------------------------------------------------------------------

    Alternatively, SHARP commented that although the CEA test procedure 
for DAM testing is a good test procedure, it should not be incorporated 
into DOE's test procedure. SHARP supports the flexibility of the CEA 
test procedure for DAM testing, but is concerned that it is not 
specific enough to be used by third parties. However, SHARP is not 
aware of any test procedure that is specific enough to fit these 
criteria. (SHARP, No. 14 at pp. 8, 10)
    In the 2010 RFI, DOE noted that ENERGY STAR v. 4.1 tests DAM 
according to the Rovi DAM test procedure. However, Rovi commented that 
DOE should not incorporate the Rovi DAM test procedure into the DOE 
test procedure. (Rovi, No. 4 at p. 2) Rovi explained that EPG software 
maintains a local database of programming available to the viewer, 
which is periodically downloaded during times when the TV is in the 
standby or off mode. Rovi noted that the location, previous downloads, 
data delivery method and communication errors are among the things that 
affected power consumption, meaning if any of these conditions are 
varied, different results will be obtained. (Rovi, No. 4 at p. 1) Rovi 
stated that in the near-future a revision to ENERGY STAR v. 4.1 will 
replace the Rovi test procedure with a generic system that depends in 
large measure on specific technical knowledge of the device under test 
(after the publication of the 2010 RFI, ENERGY STAR has revised their 
test procedure and standard to include the CEA test procedure for DAM 
testing). (Rovi, No. 4 at p. 1)
    DOE notes that the CEA test procedure for DAM testing does not 
identify specific connections to be used when conducting testing. CEA 
only states that an appropriate signal source for communication should 
be used but does not specify what connection should be utilized when 
more than one connection could be used for communication with the DAM 
function. DOE believes that a hierarchy of network connection types is 
needed when more than one connection is capable of communicating with 
the DAM function to produce a more repeatable test procedure. DOE is 
proposing the following priority to ensure consistency across standby-
active, high mode tests in section 5.6.2.1 of appendix H to subpart B 
of 10 CFR part 430:

(1) Wi-Fi
(2) Ethernet. If the UUT supports an Energy Efficient Ethernet, then it 
shall be tested using that connection.
(3) Thunderbolt
(4) USB
(5) Firewire
(6) Other

    In today's NOPR, DOE is proposing to include the DAM energy 
consumption testing under its standby-active, high test method as 
defined in 2.3 (download acquisition mode) of appendix H to subpart B 
of 10 CFR part 430. The majority of interested parties including CEA, 
Sony, LG, Panasonic, PG&E, California IOUs and NRDC were all in favor 
of requiring a DAM energy consumption test. Many, including CEA, Sony, 
LG and Panasonic, recommended incorporating the CEA test procedure for 
DAM testing. Given the positive input from interested parties 
supporting a DAM test, and particularly the CEA test procedure for DAM 
testing, DOE is proposing to incorporate by reference the CEA Procedure 
for DAM Testing in section 5.6.2 (standby-active, high mode test) of 
appendix H to subpart B of 10 CFR part 430. DOE is also aware that TVs 
can communicate and obtain similar information via an internet 
connection. Although DOE has developed a network connection priority 
list of preferred connections to conduct DAM testing, DOE seeks comment 
on using a priority list and the hierarchy that should be used. DOE 
also seeks comments from interested parties on the method for measuring 
standby mode energy consumption in all standby modes. (See Issue 12 in 
section V.E ``Issues On Which DOE Seeks Comment'').
d. Off Mode
    DOE is proposing to test TVs in the off mode if applicable. DOE is 
defining off mode according to the IEC 62087-2011 definition. Off mode 
is the mode where the appliance is connected to a power source, 
produces neither sound nor picture, and cannot be switched into any 
other mode with the remote control unit, an external, or internal 
signal. This mode will not pertain to TVs that are only able to be 
switched on or off with a remote, rather it will be applicable to TVs 
that have an additional switch or method of reaching this mode. In 
today's NOPR, DOE is proposing that the power consumed in off mode be 
tested according to IEC 62301-2011

[[Page 2859]]

section 3.5 in section 5.7 (off mode test) of appendix H to subpart B 
of 10 CFR part 430. EISA 2007 requires DOE to implement an off mode 
energy consumption measurement. (42 U.S.C. 6295(gg)(2)(A)) This 
particular off mode test will meet the EISA 2007 requirements and allow 
DOE to capture the energy consumption associated with the TV while it 
is turned off. DOE seeks comments from interested parties on the method 
for measuring off mode energy consumption. (See Issue 12 in section V.E 
``Issues On Which DOE Seeks Comment'').
6. Energy Efficiency Metric(s) for Televisions
    In today's NOPR, DOE is considering two methods for determining the 
metrics of TVs in order to receive stakeholder comments. These methods 
include a luminance ratio, on mode energy consumption, standby mode 
energy consumption, and off mode energy consumption.
    The first method would output four separate metrics, including a 
luminance ratio, on mode energy consumption, standby mode energy 
consumption, and off mode energy consumption. The test procedure yields 
a ratio of the home picture setting luminance to the retail picture 
setting luminance. This number would be expressed as a percentage 
(i.e., the luminance ratio). The test procedure would also output an on 
mode energy consumption according to the on mode test for TVs with ABC 
enabled by default or the on mode test for TVs without ABC enabled by 
default. For the standby mode tests, all TVs should be tested according 
to the standby-passive mode test. For TVs with DAM, the test procedure 
would also propose requiring an average energy consumption reading for 
standby-active, high mode. Finally, the test procedure would record the 
off mode energy consumption.
    Alternatively, DOE is also considering a single output metric based 
on combining the on, standby, and off-mode energy consumption values to 
provide an annual energy use. The format of the metric, expressed as 
annual energy consumption (AEC, kWh/year), would be as follows:

AEC<INF>metric</INF> = ((P<INF>on</INF> * H<INF>on</INF> + 
P<INF>standby-passive</INF> * H<INF>standby-passive</INF> +

P<INF> off</INF> * H<INF>off</INF> + DEC<INF>DAM</INF>)/1000) * 365

Where:

Pm = power measured in a given mode m (in Watts)
Hm = hours per day spent in mode m
DEC<INF>DAM</INF> = daily energy consumption in DAM, if applicable 
(tested according to the CEA DAM test procedure)

    Proposed values for Hm (in hours/day) would be as follows:

H<INF>on</INF> = 7
H<INF>standby-passive</INF> = 17
H<INF>off</INF> = 0

    To determine H<INF>on</INF>, DOE obtained Nielsen TV viewing 
statistics for the months June 2010 through May 2011.\39\ Nielsen 
collected between 48,791 and 52,105 samples in each month, from a 
representative cross section of U.S. households. DOE separated the data 
for each household to consider the primary TV. The mean viewing hours 
per day for primary TVs was determined for each month, and then the 
mean across the whole 12 months was taken to provide the final value. 
It was important to consider 12 months, not just one, as there is 
significant seasonal variation in viewing habits.
---------------------------------------------------------------------------

    \39\ The Nielsen Company, LLC (2011).
---------------------------------------------------------------------------

    It was assumed that the remainder of the time, TVs would be in 
standby-passive mode (thus, H<INF>standby-passive</INF> = 24 - 
H<INF>on</INF>), except for the case of TVs with DAM capability, where 
the average hours per day the TV is in DAM would also be included in 
the calculation. Therefore, H<INF>off</INF> = 0 is based on the 
assumption that virtually all TVs remain in standby mode rather than 
being physically switched off when not in use.
    Note that P<INF>on</INF> is itself a weighted average of 
measurements for units with automatic brightness control available:

P<INF>on</INF> = P<INF>10</INF> * W<INF>10</INF> + P<INF>50</INF> * 
W<INF>50</INF> + P<INF>100</INF> * W<INF>100</INF> + P<INF>300</INF> * 
W<INF>300</INF>

Where:

Pi = on mode power measured at room illuminance of i lux
Wi = weighting at room illuminance i, expressed in percent.

    Wi are proposed to be equally weighted (W<INF>10</INF> = 
W<INF>50</INF> = W<INF>100</INF> = W<INF>300</INF> = 25 percent). See 
Section IIIII.E.4.b.i for further discussion and explanation.
    The advantage of using a single metric is that the approximate 
annual average energy consumption can be calculated within the test 
procedure. Although a single metric would require manufacturers to 
represent the efficiency of their TVs in a consistent manner, this is 
already being accomplished under the FTC Labeling Program for TVs as it 
is currently using this method. A single metric would help harmonize 
the different voluntary, incentive, and State programs applicable to 
TVs. However, the DOE proposed single metric would most likely 
eliminate the current energy efficiency standards for TVs established 
by California, since California established separate standards for both 
on mode and standby mode. All manufacturers would be required to make 
energy representations with the final DOE test procedure within 180 
days after publication. After that time, manufacturers would not be 
required to provide to California separate results for on mode and 
standby mode in accordance with the California standard. This single 
metric would also require a change in the ENERGY STAR Program for TVs, 
since ENERGY STAR also has separate requirements for on mode, standby 
mode and DAM. The DOE proposed single metric would require DOE to 
monitor how the coefficients used to calculate the metric change with 
consumer usage and technological advancements in the TV market. For 
instance, the average number of primary TV viewing hours has increased 
by approximately 0.16 hour per day each year from 2007 to 2011, or 10 
percent over four years. Additionally, the single metric considered in 
this NOPR does not distinguish between different usage profiles for 
calculating annual energy consumption for types of TVs with different 
features included in our TV definition, such as computer monitors over 
30 inches. Finally, the proposed single metric does not capture all 
measurements in the test procedure such as power factor and illuminance 
ratio.
    Although DOE is proposing multiple output metrics, it seeks 
comments from interested parties on both of the methods presented in 
this NOPR, including the use of a single metric for calculating annual 
energy consumption. (See Issue 13 in section V.E ``Issues On Which DOE 
Seeks Comment'').

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget 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 the Office of 
Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IFRA) 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

[[Page 2860]]

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: www.gc.doe.gov.
    DOE reviewed today's proposed rule under the provisions of the 
Regulatory Flexibility Act and the policies and procedures published on 
February 19, 2003. This proposed rule prescribes a test procedure to be 
used to develop and implement future energy conservation standards for 
TVs. DOE certifies that this proposed 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).\40\ 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.
---------------------------------------------------------------------------

    \40\ For more information visit: http://www.sba.gov/. The size 
standards are available at <http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf.>.
---------------------------------------------------------------------------

    DOE determined that most manufacturers of TVs are large 
multinational corporations. To develop a list of domestic 
manufacturers, DOE reviewed the Hoover database \41\ and other publicly 
available data, including the Energy Star qualified TVs database. As a 
result of its review, DOE determined that there were no TV 
manufacturers who would qualify as small entities. DOE also notes that 
manufacturers are already required to use a test procedure similar to 
DOE's proposed test procedure to make energy representations under the 
Federal Trade Commission's EnergyGuide labeling program. 76 FR 1038. 
DOE's proposed test procedure can be conducted concurrently with FTC 
testing without significant additional burden.
---------------------------------------------------------------------------

    \41\ Hoovers. Web 12 Dec 2011. <http://www.hoovers.com/>.
---------------------------------------------------------------------------

    Based on the above, DOE certifies that there would not be a 
significant impact on a substantial number of small entities and has 
not prepared an IRFA 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). DOE 
requests comment on its conclusion that there are no small business 
manufacturers.

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 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 was subject to 
review and approval by OMB under the Paperwork Reduction Act (PRA). 
This requirement was approved by OMB under OMB Control Number 1910-
1400. Public reporting burden for the certification was 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 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 proposed rule, DOE proposes a test procedure that it 
expects will be used to develop and implement future energy 
conservation standards 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 proposed rule establishes a new test procedure 
without affecting the amount, quality or distribution of energy usage, 
and, therefore, would 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 has examined this proposed rule and has 
determined that it would 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 proposed 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.

[[Page 2861]]

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, 
the proposed 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 proposed regulatory action likely to result 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://www.gc.doe.gov. DOE examined today's proposed 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. 
This rule would 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 would 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 proposed 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, 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 proposed 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 proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be 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 energy efficiency 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 proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed 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 proposed rule incorporates testing methods contained in annex 
C.3 and section 11.5.5, 11.5.6, and 11.6 of

[[Page 2862]]

the commercial standard, International Electrotechnical Commission 
62087 Edition 2.0 2011, ``Method of Measurement for the Power 
Consumption of Audio, Video and Related Equipment;'' section 5.3.1 of 
the commercial standard, International Electrotechnical Commission 
62301 Edition 2.0 2011, ``Household electrical appliances--Measurement 
of standby power'' and CEA Procedure for Download Acquisition Mode 
Testing: For TVs,'' Revision 0.3, September 8, 2010. DOE has evaluated 
these standards and is unable to conclude whether they fully comply 
with the requirements of section 32(b) of the Federal Energy 
Administration Act (i.e., whether they were developed in a manner that 
fully provides for public participation, comment, and review).
    As required by section 32(c) of the Federal Energy Administration 
Act of 1974 as amended, DOE will consult with the Attorney General and 
the Chairman of the Federal Trade Commission about the impact on 
competition of using the methods contained in these standards before 
prescribing a final rule.

V. Public Participation

A. Attendance at Public Meeting

    The time, date, and location of the public meeting are listed in 
the DATES and ADDRESSES sections at the beginning of this document. If 
you plan to attend the public meeting, please notify Ms. Brenda Edwards 
at (202) 586-2945 or <a href="/cdn-cgi/l/email-protection#480a3a2d262c29660d2c3f293a2c3b082d2d662c272d662f273e"><span class="__cf_email__" data-cfemail="b9fbcbdcd7ddd897fcddced8cbddcaf9dcdc97ddd6dc97ded6cf">[email protected]</span></a>. As explained in the 
ADDRESSES section, foreign nationals visiting DOE Headquarters are 
subject to advance security screening procedures.
    In addition, you can attend the public meeting via webinar. Webinar 
registration information, participant instructions, and information 
about the capabilities available to webinar participants will be 
published on DOE's Web site http://www1.eere.energy.gov/buildings/appliance_standards/residential/tv_sets.html. Participants are 
responsible for ensuring their systems are compatible with the webinar 
software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has plans to present a prepared general statement 
may request that copies of his or her statement be made available at 
the public meeting. Such persons may submit requests, along with an 
advance electronic copy of their statement in PDF (preferred), 
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to 
the appropriate address shown in the ADDRESSES section at the beginning 
of this notice. The request and advance copy of statements must be 
received at least one week before the public meeting and may be 
emailed, hand-delivered, or sent by mail. DOE prefers to receive 
requests and advance copies via email. Please include a telephone 
number to enable DOE staff to make a follow-up contact, if needed.

C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also use a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 
6306). A court reporter will be present to record the proceedings and 
prepare a transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the public meeting. After the public meeting, interested parties may 
submit further comments on the proceedings as well as on any aspect of 
the rulemaking until the end of the comment period.
    The public meeting will be conducted in an informal, conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this rulemaking. Each participant will be allowed 
to make a general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will permit, as time 
permits, other participants to comment briefly on any general 
statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions by DOE and by other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the public 
meeting will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the above procedures that 
may be needed for the proper conduct of the public meeting.
    A transcript of the public meeting will be included in the docket, 
which can be viewed as described in the Docket section at the beginning 
of this notice. In addition, any person may buy a copy of the 
transcript from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this notice.
    Submitting comments via regulations.gov. The regulations.gov web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that

[[Page 2863]]

regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. Email submissions are 
preferred. If you submit via mail or hand delivery, please provide all 
items on a CD, if feasible. It is not necessary to submit printed 
copies. No facsimiles (faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and are free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:

    1. Scope of Coverage--DOE seeks comments from interested parties 
on the proposed scope of this rulemaking, as well as the definition 
of TVs. Specifically, DOE would like comments on including both TVs 
and displays greater than 15 inches which are sold with a TV tuner. 
(See section III.C)
    2. Light Measurement Devices--DOE seeks comments from interested 
parties on the LMD equipment specifications proposed in this NOPR. 
(See Section III.D.1.c)
    3. Signal Source and Generation--DOE seeks comments from 
interested parties on the signal source and generation specified in 
this NOPR. (See section III.D.2.c)
    4. Picture Settings to Test--DOE seeks comments from interested 
parties on its proposal to conduct luminance tests in home picture 
setting and retail picture setting. For testing on mode energy 
consumption, DOE seeks comment on its proposal to test in home 
picture setting, along with its consideration to test on mode in 
both the highest and lowest energy consuming picture settings (or 
brightest or dimmest), or all picture settings. (See section 
III.E.1)
    5. Luminance Testing--DOE seeks comments from interested parties 
on its proposed method of luminance testing. DOE also seeks comments 
on its proposal to include a luminance ratio. (See section 
III.E.3.b)
    6. Warm-up and Stabilization--DOE seeks comments on the proposed 
method of taking the luminance measurement immediately after 
displaying the three bar video signal. (See section III.E.3.a)
    7. Video signal for Luminance Testing--DOE seeks comments from 
interested parties on its proposal to use the three bar video signal 
for luminance testing. DOE further seeks comments on any of the 
additional video signals that it considered. (See section III.E.3.c)
    8. Room Illuminance Levels for Television Sets Shipped with 
Automatic Brightness Control Enabled--DOE seeks comments from 
interested parties on whether there should be a limit to the 
reduction in display luminance achieved from ABC, and how a 
minimally acceptable display luminance value should be established. 
DOE also seeks comment from interested parties on its proposal to 
test TVs shipped with ABC enabled at room illuminance levels of 10, 
50, 100, and 300 lux and their respected tolerances. DOE 
additionally welcomes comments on how these outputs should be 
weighted and combined. (See section III.E.4.b.i)
    9. Method for Creating Illuminance Levels for Television Sets 
Shipped with Automatic Brightness Control Enabled--DOE seeks 
comments from interested parties on the method for creating room 
illuminance levels including both the direct light method that it 
proposed in this NOPR and the diffused light method considered in 
this NOPR. DOE also seeks comments from interested parties on 
setting a color temperature range and a potential warm up period 
associated with other light sources in that range. (See section 
III.E.4.b.ii)
    10. Three Dimensional Display Testing--DOE seeks comments from 
interested parties on 3D testing. DOE specifically seeks comment on 
its two methods under consideration for a future rulemaking which 
include converting the 2D IEC dynamic broadcast-content video signal 
to 3D using a real time converting Blu-ray player or creating a 3D 
version of the IEC dynamic broadcast-content video signal. DOE also 
seeks comments on how it can best work with the IEC and interested 
parties to promote the development of a 3D test procedure. (See 
section III.E.4.d)
    11. Internet Connectivity--DOE seeks comments from interested 
parties on its consideration of testing the Internet as part of on 
mode; standby-active, high mode; and standby-active, low mode. (See 
section III.E.4 for on mode and section III.E.5.c.ii for standby-
active)
    12. Standby and Off Modes--DOE seeks comments from interested 
parties on testing standby and off mode of TVs according to the 
procedure outlined, above. (See sections III.E.5.c and III.E.5.d)
    13. Single Metrics--DOE seeks comments from interested parties 
on the alternative approach of using a single metric for calculating 
annual energy consumption. DOE also seeks comment on its preliminary 
decision not to take into account the possibility that consumers may 
switch between preset picture settings. (See section III.E.6)
    14. Input Format Hierarchy--DOE seeks comments from interested 
parties on the hierarchy of input formats required to connect the TV 
to a video source. (See section III.D.2.c)

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

[[Page 2864]]

List of Subjects in 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 December 20, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary of Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 of Chapter II of Title 10, Code of Federal Regulations as set 
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for part 430 continues to read as 
follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

    2. Section 430.2 is amended by:
    a. Removing the definitions ``Color television set'' and 
``Monochrome television set''; and
    b. Revising the definition for ``Television set'' to read as 
follows:


Sec.  430.2  Definitions.

* * * * *
    Television set (also referred to as ``TV''): A product designed to 
be powered primarily by mains power having a diagonal screen size of 
fifteen inches or larger that is manufactured with a TV tuner, and that 
is capable of displaying dynamic visual information 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 VGA, DVI, HDMI, 
DisplayPort, used typically for a computer or workstation that is not 
physically attached to the display; 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 WiFi.
    A TV may contain, but is not limited to, one of the following 
display technologies: liquid crystal display (LCD), light-emitting 
diode (LED), cathode-ray tube (CRT), and plasma display panel (PDP). TV 
also includes TV Combination units that DOE has further defined in 
appendix H to subpart B of this part.
* * * * *
    3. Section 430.3 is amended by:
    a. Redesignating paragraphs (h) through (o) as (i) through (p);
    b. Adding a new paragraph (h);
    c. Adding a new paragraph (j)(6); and
    d. Adding new paragraphs (l)(3), (l)(4)
    The additions and revisions read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (h) CEA. Consumer Electronics Association, 1919 South Eads Street 
Arlington, VA 22202, (866) 858-1555, or go to http://www.ce.org.
    (1) CEA Procedure for DAM Testing: For TVs, Revision 0.3 (8 
September 2010), IBR approved for appendix H to subpart B.
    (2) Reserved.
* * * * *
    (j) * * *
    (6) ENERGY STAR Program Requirements for Televisions, Versions 5.3, 
approved August 2010, Section 6.2, IBR approved for Appendix H to 
Subpart B.
* * * * *
    (l) * * *
    (3) International Electrotechnical Commission (IEC) Standard 62087, 
(``IEC 62087-2011''), Methods of measurement of the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-05), Section 
11.5.5, 11.5.6, and 11.6 and annex c.3, IBR approved for appendix H to 
subpart B.
    (4) International Electrotechnical Commission (IEC) Standard 62031, 
(``IEC 62031-2011''), Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01), Section 5.3.1, IBR approved for 
appendix H to subpart B.
* * * * *
    4. Section 430.23 is amended by revising paragraph (h) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (h) Television Sets. (1) The energy consumption of a television 
set, including on mode, standby mode and off mode energy consumption 
levels expressed in watts, shall be measured in accordance with section 
4 of appendix H of this subpart.
* * * * *
    5. 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 Energy Consumption of Television Sets

1. Scope

    This appendix covers the test requirements used to measure the 
energy consumption of Television Sets.

2. Definitions and Symbols

    2.1. Additional functions are functions that are not required 
for the basic operation of the device. Additional functions include, 
but are not limited to a VCR unit, a DVD unit, a HDD unit, a FM-
radio unit, a memory card-reader unit, or an ambient lighting unit.
    2.2. CEA Procedure for Download Acquisition Mode Testing means 
the test standard published by the Consumer Electronics Association, 
entitled ``CEA Procedure for Download Acquisition Mode Testing: For 
TVs,'' Revision 0.3, September 8, 2010 (incorporated by reference, 
see Sec.  430.3).
    2.3. Download acquisition mode is the power mode in which the 
product is connected to a mains power source, produces neither sound 
nor picture, and is actively downloading data. Data downloads may 
include channel listing information for use by an electronic 
programming guide, TV setup data, channel map updates, firmware 
updates, monitoring for emergency messaging/communications or other 
network communications.
    2.4. Home picture setting (or default picture setting) is the 
picture setting which is recommended by the manufacturer from the 
initial set up menu or the mode that the television comes shipped in 
if no setting is recommended.
    2.5. IEC 62087-2011 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 62087-2011 (incorporated by reference, see Sec.  
430.3).
    2.6. IEC 62087-2011 Blu-Ray Dynamic Broadcast-Content Video 
Signal means the test clip published by the International 
Electrotechnical Commission, entitled ``IEC 62087-2011, video 
content--BD, video content for IEC 62087-2011 on Blu-ray Disc,'' IEC 
62087-2011(incorporated by reference, see Sec.  430.3).
    2.7. IEC 62301-2011 means the test standard published by the 
International Electrotechnical Commission, entitled ``Household 
electrical appliances--Measurement of standby power,'' IEC 62301-
2011 (incorporated by reference, see Sec.  430.3).
    2.8. Luminance is 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/
m<SUP>[caret]</SUP>2).
    2.9. Off mode is the mode where the TV is connected to a power 
source, produces neither sound nor picture and cannot be switched 
into any other mode with the remote control unit, an external or 
internal signal.
    2.10. On mode is the power mode in which the TV is connected to 
a mains power source, has been activated, and is providing one or 
more of its principal functions.

[[Page 2865]]

    2.11. Retail picture setting is the preset picture setting in 
which the TV produces the highest luminance during the on mode 
conditions.
    2.12. Standby-passive mode is the mode in which the TV is 
connected to a power source, produces neither sound nor picture but 
can be switched into another mode with the remote control unit or an 
internal signal.
    2.13. Standby-active, high mode is the mode in which the TV is 
connected to a power source, produces neither sound nor picture but 
can be switched into another mode with the remote control unit or an 
internal signal, and with an external signal, and is exchanging/
receiving data with/from an external source.
    2.14. Standby-active, low mode is the mode in which the TV is 
connected to a power source, produces neither sound nor picture but 
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.
    2.15. Symbol usage. The following identity relationships are 
provided to help clarify the symbols used throughout this test 
procedure.

ABC--Automatic Brightness Control
DAM--Download Acquisition Mode
DVD--Digital Video Disc
DVI--Digital Visual Interface
HDD--Hard Disk Drive
HDMI--High-Definition Multimedia Interface
L<INF>retail</INF>--Luminance of TV in retail picture setting
L<INF>home</INF>--Luminance of TV in home picture setting
L--Ratio of L<INF>home</INF> to L<INF>retail</INF>
LMD--Luminance Measurement Device
P<INF>on</INF>--Power consumed for on mode with ABC disabled
P<INF>10</INF> = Power consumed for on mode, ABC enabled, 10 lux, 
with a direct light source
P<INF>50</INF> = Power consumed for on mode, ABC enabled, 50 lux, 
with a direct light source
P<INF>100</INF> = Power consumed for on mode, ABC enabled, 100 lux, 
with a direct light source
P<INF>300</INF> = Power consumed for on mode, ABC enabled, 300 lux, 
with a direct light source
P<INF>standby-passive</INF>--Power consumption for standby-passive 
mode
P<INF>standby-active, high</INF>--Power consumption for standby-
active, high
P<INF>off</INF>--Power consumption for off mode
THD--Total Harmonic Distortion
TV--Television Set
USB--Universal Serial Bus
VCR--Videocassette Recorder
VGA--Video Graphics Array
W<INF>10</INF>--Percent Weighting for on mode, ABC enabled, while 
the Room Illuminance is 10 lux
W<INF>50</INF>--Percent Weighting for on mode, ABC enabled, while 
the Room Illuminance is 50 lux
W<INF>100</INF>--Percent Weighting for on mode, ABC enabled, while 
the Room Illuminance is 100 lux
W<INF>300</INF>--Percent Weighting for on mode, ABC enabled, while 
the Room Illuminance is 300 lux
    2.16. TV combination unit is a TV in which the TV and one or 
more additional devices (e.g., DVD player, Blu-ray Disc player, Hard 
Disk Drive) are combined into a single enclosure, and which meets 
the following criteria: (a) It is not possible to measure the power 
of the individual components without removing the product housing; 
and (b) the product connects to a wall outlet via a single power 
cord.
    2. Accuracy and Precision of Measurement Equipment.
    3.1. Electrical Energy Supply.
    3.1.1. Power Supply. Carry out measurements using a power supply 
providing voltage of 115 V at 60 Hz.
    The fluctuation of the voltage supplied during the tests shall 
not exceed <plus-minus>1 percent. The frequency fluctuation and the 
harmonic components of the supplied power shall not exceed <plus-
minus>1 percent and 5 percent respectively.
    3.1.2. Power Meter. The 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 for which the input video signal varies over 
time, use a wattmeter with an averaging function to carry out the 
measurement.
    3.1.2.1. The sampling rate of the watt-hour meter or wattmeter 
with averaging function should be one measurement per second or more 
frequent.
    3.1.2.2. The power measurement instrument used shall measure the 
power factor and the real power consumed regardless of the power 
factor of the device under test.
    3.1.2.3. 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;
    1 W or better for power measurements of greater than 100 W.
    3.1.3. Light Measurement Device. All LMDs shall have an accuracy 
of <plus-minus>2 percent <plus-minus>2 digits of the digitally 
displayed value and repeatability within 0.4 percent <plus-minus>2 
digits of displayed value. LMDs must also have an acceptance angle 
of 3 degrees or less.
    4. Test Room and Set-Up Criteria.
    4.1. Installation. Install the TV in accordance with 
manufacturer's instructions.
    4.2. Dark Room Conditions. All luminance testing (with a non-
contact meter) and on mode testing (with ABC enable by default) 
shall be performed in dark room conditions, meaning the display 
screen illuminance measurement in off mode must be less than or 
equal to 1.0 lux.
    4.3. Ambient Temperature Conditions. For all testing, maintain 
ambient temperature conditions between 23 [deg]C <plus-minus>5 
[deg]C.
    4.4. Ambient Relative Humidity Conditions. For all testing, 
maintain the ambient relative humidity between 10 and 80 percent.
    4.5. Input Cable. Testing shall be performed using an HDMI input 
cable. If the TV does not have an HDMI input, the following inputs 
shall be used, in the following order: HDMI/DVI, VGA, component, S-
Video, and composite.
    4.6. 2D Testing Signal Source. The signal source shall be able 
to generate a Blu-ray signal.
    5. Test Measurements.
    5.1. For on mode and luminance testing, connect the signal 
source generator to the TV via the input cable.
    5.2. Warm-up. TVs shall be warmed-up prior to testing using the 
IEC 62087-2011 (incorporated by reference, see Sec.  430.3) dynamic 
broadcast-content video signal for at least one hour, found in annex 
C.3 of IEC 62087-2011. If the TV has not reached a stable state with 
respect to power within the one hour time period, the warm-up shall 
last until the TV reaches a stable state. For the purposes of this 
rulemaking, the TV is considered to be in a stable state if the 
average power consumption over two consecutive plays of IEC 62087-
2011 dynamic broadcast-content video signal does not vary by more 
than 2 percent.
    5.3. Luminance Test.
    5.3.1. Luminance Test. The luminance test shall be performed 
immediately following the warm-up period. The luminance test shall 
first be performed with the TV in the retail picture setting, 
followed by the TV in home picture setting. The ABC sensor must be 
disabled during this test.
    5.3.1.1. LMD Setup. Align the LMD perpendicular to the center of 
the display screen. If a distance meter is being used for testing, 
the LMD shall be at a distance capable of achieving the desired 
specifications outlined in section 3.1.3.
    5.3.1.2. Three Bar Video Signal Measurement. The TV shall be 
measured in both the home and retail picture settings using IEC 
62087-2011 (incorporated by reference, see Sec.  430.3) three bar 
video signal found in section 11.5.5 of IEC 62087-2011. Record the 
luminance immediately after the three bar video signal is displayed 
in the retail picture setting first, as L<INF>retail,</INF> followed 
by the home picture setting as L<INF>home.</INF>
    5.4. On Mode Test for TVs without ABC Enabled By Default.
    5.4.1. On mode testing shall be performed with the TV in home 
mode, while displaying the full 10-minute duration of IEC 62087-2011 
Blu-ray dynamic-broadcast video signal (incorporated by reference, 
see Sec.  430.3). Measure the energy consumption and record the 
value as P<INF>on.</INF>
    5.5. 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:
    5.5.1. On mode testing shall be performed with the TV in home 
mode, while displaying IEC 62087-2011 Blu-ray dynamic-broadcast 
video signal for 10 minutes (incorporated by reference, see Sec.  
430.3) with l0 lux (<plus-minus>1 lux) entering the ambient light 
sensor. Measure the energy consumption and record the value as 
P<INF>10</INF>. Repeat the measurements with 50 lux (<plus-minus>2 
lux), 100 lux (<plus-minus>5 lux), and 300 lux (<plus-minus>9 lux) 
entering the ambient light sensor and record the values as 
P<INF>50</INF>, P<INF>100</INF>, and P<INF>300</INF> respectively.
    5.5.2. To create the ambient lighting, a halogen incandescent 
light must be positioned in front of the ABC sensor so that the 
light may be focused directly into the sensor. The light source must 
be able to

[[Page 2866]]

achieve a range between 10-300 lux at the ABC sensor. The room 
illuminance shall be measured at the sensor in the direction of the 
light source while the TV is on and displaying the main menu of IEC 
62087-2011.
    5.6. Standby Mode Tests.
    5.6.1. Standby-Passive Mode Test. The standby-passive test shall 
be performed according to section 5.3.1 of IEC 62301-2011 standby 
test (incorporated by reference, see Sec.  430.3). Measure the 
energy consumption and record the value as 
P<INF>standby-passive</INF>.
    5.6.2. Standby-Active, High Mode Test. The standby-active, high 
test shall be performed according to the CEA Test Procedure for 
Download Acquisition Mode Testing (incorporated by reference, see 
Sec.  430.3). Measure the energy consumption and record the value as 
P<INF>standby-active, high</INF>.
    5.6.2.1. The standby-active, high test shall be performed using 
the following inputs, in the following order: Wi-Fi, Ethernet. 
Ethernet. If the UUT supports an Energy Efficient Ethernet, then it 
shall be tested using that connection., Thunderbolt, USB, Firewire, 
and other when more than one connection can be used to conduct 
testing.
    5.7. Off Mode Test.
    5.7.1. The off mode test shall be performed according to section 
5.3.1 of the IEC 62301-2011 off mode test (incorporated by 
reference, see Sec.  430.3). Measure the energy consumption and 
record the value as P<INF>off</INF>.
    6. Calculations.
    6.1. Calculate the Luminance ratio, L, as the ratio of 
L<INF>home</INF> to L<INF>retail</INF>.

[FR Doc. 2012-687 Filed 1-18-12; 8:45 am]
BILLING CODE 6450-01-P


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