This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

54048 

Vol. 75, No. 171 

Friday, September 3, 2010 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2010–BT–TP–0026] 

RIN 1904–AC29 

Energy Efficiency Program: Test 

Procedure for Televisions; Request for 

Information and Request for 

Comments 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information and 

request for comments. 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating the 

rulemaking and data collection process 

to develop a test procedure for 

televisions. To inform interested parties 

and to facilitate this process, DOE has 

gathered data, identifying several issues 

associated with the currently available 

test procedures on which DOE is 

particularly interested in receiving 

comment. The issues outlined in this 

document mainly concern televisions in 

active mode (they do not, for example, 

include issues related to low power 

modes). DOE welcomes written 

comments from the public on any 

subject within the scope of this 

rulemaking (including topics not raised 

in this request for information). 

DATES: DOE will accept written 

comments, data, and information on this 

notice, but no later than October 4, 

2010. 

ADDRESSES: Interested parties may 

submit comments, identified by docket 

number EERE–2010–BT–TP–0026 

and/or Regulation Identifier Number 

(RIN) 1904–AC29, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: Televisions-2010-TP0026@ee.doe.gov mailto: Include docket 

number EERE–2010–BT–TP–0026 and/ 

or RIN 1904–AC29 in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Request for Information for Televisions 

Test Procedure, Docket No. EERE–2010– 

BT–TP–0026 and/or RIN 1904–AC29, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, Sixth 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Please submit 

one signed paper original. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the U.S. 

Department of Energy, Resource Room 

of the Building Technologies Program, 

Sixth Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024, (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards first at 

the above telephone number for 

additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Victor Petrolati, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–4549. E-mail: 

Victor.Petrolati@ee.doe.gov. 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6122. E-mail: 

Celia.Sher@Hq.Doe.Gov. 

For information on how to submit or 

review public comments and on how to 

participate in the public meeting, 

contact Ms. Brenda Edwards, 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) 586–2945. E-mail: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Discussion 

A. Luminance Level Measurements 

1. Luminance Ratio 

2. Test Pattern and Measurement Method 

3. Measurement Distances and Angles 

4. Preset Picture Modes 

B. Automatic Brightness Control 

1. Room Illuminance 

2. Measurement Location and Lighting 

C. Signal Source 

D. Steady State 

E. Three Dimensional (3D) Technology 

F. Download Acquisition Mode 

G. Internet Connectivity 

H. Power Saving Technology 

1. Presence Sensor 

2. Other Power Saving Technologies 

I. Scope of Coverage 

III. Public Participation 

I. Introduction 

DOE adopted a test procedure for 

televisions (TVs) on June 29, 1979, as 

described in 44 FR 37938. The test 

procedure, previously 10 CFR part 430, 

subpart B, appendix H, was repealed on 

October 20, 2009, due to petitions from 

the California Energy Commission (CEC) 

and the Consumer Electronics 

Association (CEA) in light of the June 

13, 2009 transition from analog to 

digital broadcast transmissions to 

televisions (74 FR 53640). As of June 12, 

2009, the ‘‘Digital Transition and Public 

Safety Act of 2005’’ required that all 

broadcasting stations must transmit in 

digital to free up analog frequencies for 

public safety communications. (http:// 

www.fcc.gov/cgb/consumerfacts/ 

digitaltv.html) The CEC petitioned for 

repeal of the regulatory provisions 

establishing the test procedure and 

defining ‘‘television set,’’ while the CEA 

petitioned for DOE’s adoption of the 

International Electrochemical 

Commission’s test procedure IEC 

Standard 62087–2008, ‘‘Methods of 

measurement for the power 

consumption of audio, video and related 

equipment.’’ DOE is now taking steps 

required to assure the test procedure 

and standards are modernized to be able 

to capture the energy consumption of 

current TVs on the market. 

The Energy Policy and Conservation 

Act of 1975, as amended (EPCA) 

provides DOE the authority to consider 

and prescribe new energy conservation 

test procedures for TVs. Title III of 

EPCA (42 U.S.C. 6291 et seq.) sets forth 

a variety of provisions designed to 

improve energy efficiency. Part A of title 

III (42 U.S.C. 6291–6309) establishes the 

‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ The consumer products 

subject to this program (hereafter 

‘‘covered products’’), include TVs. 


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1 Method of Measurement for the Power 

Consumption of Audio, Video and Related 

Equipment: International Electrotechnical 

Commission 62087 Edition 2.0 2008–10. 

2Program Requirements for TVs: ENERGY STAR 

Versions 4.1 and 5.1 (http://www.energystar.gov/ia/ 

partners/product_specs/program_reqs/ 

tv_vcr_prog_req.pdf). 

3 Determination of Television Average Power 

Consumption: Consumer Electronics Association. 

CEA–2037. 

Under EPCA, the overall program 

consists essentially of testing, labeling, 

and Federal energy conservation 

standards. 

Section 323 of EPCA (42 U.S.C. 6293) 

sets forth generally applicable criteria 

and procedures for DOE’s adoption and 

amendment of test procedures. It states, 

for example, that ‘‘[a]ny test procedures 

prescribed or amended under this 

section shall be reasonably designed to 

produce test results which measure 

energy efficiency, energy use, or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use, as 

determined by the Secretary [of Energy], 

and shall not be unduly burdensome to 

conduct.’’ (42 U.S.C. 6293(b)(3)) 

Manufacturers of covered products must 

use test procedures prescribed under 

EPCA as the basis for establishing and 

certifying to DOE that their products 

comply with energy conservation 

standards adopted under EPCA. (42 

U.S.C. 6295(s)) 

II. Discussion 

While developing a test procedure for 

TVs, DOE looked to industry for existing 

test procedures. Among the most widely 

accepted are IEC Standard 62087– 

2008. 1 and the Environmental 

Protection Agency’s (EPA) ‘‘ENERGY 

STAR Program Requirements for 

Televisions, Version 4.1.2 ’’ DOE has also 

studied CEA–2037 3 and has noted that 

this test procedure relies heavily on 

both the ENERGY STAR and IEC test 

procedures. These test procedures, 

along with ‘‘Assessment of Options for 

Improving Energy Efficiency Test 

Procedures for Displays’’ (prepared for 

ENERGY STAR, Natural Resources 

Canada and NYSERDA by Ecos 

Consulting, March 17, 2010), as well as 

data and guidance provided from 

international subject matter experts, 

were the basis for identifying the below 

issues. 

A. Luminance Level Measurements 

1. Luminance Ratio 

Although some display technologies’ 

power consumption does not change 

markedly with changes in screen 

luminance, there is a strong correlation 

between these factors for most modern 

display technologies. This is evident, for 

example, in plasma, cathode ray tube 

(CRT), and locally dimmed LED-backlit 

LCD designs. As a result, it can be 

useful to measure the luminance of 

televisions during the process of 

determining their performance and 

power consumption. Among preset 

modes, most TVs have a retail picture 

mode for use in showrooms, in which 

their screens operate at relatively high 

luminance levels. TVs also typically 

have a home or default picture mode 

which is significantly dimmer and more 

suited for home viewing conditions. 

ENERGY STAR v. 4.1 states that 

luminance should be tested at either a 

preset retail picture mode or the 

brightest selectable preset picture mode, 

therefore indicating that retail picture 

mode is analogous to the brightest 

selectable preset picture mode or a 

mode designed to be utilized while the 

TV is in a retail setting. ENERGY STAR 

v. 4.1 set guidelines specifying the 

picture mode in which TVs are to be set 

for testing by requiring that TVs either 

have 1) a forced menu where consumers 

can chose the picture mode in which 

their TV will operate (assuming most 

consumers will chose home or default 

picture mode), or 2) be tested as 

shipped. 

Allowing for qualification in a home 

or default picture mode may encourage 

manufacturers to ship their TVs with a 

default picture mode dimmer than 

desired by most consumers, in order to 

earn a lower measured power value. 

Once purchased, consumers would 

likely switch the TV out of the dim 

picture mode to achieve a better picture, 

making the test procedure nonrepresentative of actual energy use. To 

discourage this circumvention, and to 

ensure that TVs’ home or default picture 

modes are not too dim for satisfactory 

consumer viewing, ENERGY STAR v. 

4.1 requires that home or default picture 

mode luminance be at least 65 percent 

of retail picture mode luminance. 

DOE acknowledges that the test 

procedure should ensure that screens 

are tested at levels sufficiently bright in 

home or default picture mode for 

satisfactory consumer utility; however, 

measuring luminance in a repeatable, 

representative manner has proven to be 

difficult, as discussed below. Therefore, 

DOE would like feedback from 

interested parties on alternative 

methods to help ensure that the screen 

brightness in home or default picture 

mode is not overly dim. Specifically, 

DOE is considering the following broad 

options individually or in combination: 

• Measuring the power consumption 

of televisions at prescribed luminance 

levels; 

• Eliminating the luminance 

measurement and comparing the ratio 

between the power consumed in home 

or default and retail picture modes 

while displaying a dynamic video 

signal; and/or 

• Measuring the power consumption 

in various relevant picture modes. 

DOE would like to receive interested 

party feedback on alternative methods 

of ensuring that screen brightness is 

adequate and representative, 

appropriate luminance levels, and 

proper percentages associated with the 

duration televisions spend at particular 

luminance levels. 

2. Test Pattern and Measurement 

Method 

When testing luminance, ENERGY 

STAR v. 4.1 requires that a single 

measurement be taken while the TV 

displays the 3-bar test pattern. The 

single measurement is taken, 

perpendicular to the center of the screen 

while displaying three bars of white 

(100 percent) over a black (0 percent) 

background, defined in IEC Standard 

60107–1:1997, section 3.2.1.3. Although 

this test method is also employed by 

other regulating bodies, it may not be 

the most appropriate. According to a 

study done by Ecos Consulting, the 

3-bar test pattern has an average picture 

level (APL) that is not typical of 

consumer use. This may disadvantage 

Plasma TVs, and has proven to be 

unpredictable with LED models. 

Furthermore, the single test point 

measurement is not appropriate for TVs 

with local dimming. 

Alternative test patterns and test 

measurement methods may be more 

appropriate for the DOE test procedure. 

An alternative test pattern with an APL 

more similar to both the IEC broadcast 

video content and typical consumer use 

could be developed as an alternative 

testing pattern. The test pattern should 

also be technology neutral to prevent 

discrimination against particular TV 

technologies. However, DOE is aware 

that the IEC 3-bar test pattern has been 

adopted by multiple rulemaking bodies 

and trade associations such as EPA, 

CEA, CEC, and Australia. Therefore, 

DOE welcomes feedback from interested 

parties on using the IEC 3 bar test 

pattern. DOE also welcomes feedback on 

any alternative test patterns, such as a 

technology-neutral test pattern, that 

could be used in its test procedure. 

Additionally, DOE is also considering 

a 9-point measurement over a single 

point measurement, since many 

televisions exhibit significant variations 

in luminance levels between the center 

and edges of the screen. China’s test 

procedure takes the average of 


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measurements made at 9 different 

points on the screen to account for those 

variations in luminance uniformity. 

DOE would like to receive feedback 

from interested parties on a 9-point test 

measurement versus a single point test 

measurement. 

3. Measurement Distances and Angles 

Measurement angles and distances are 

important when taking luminance 

readings. Therefore the ENERGY STAR 

v. 4.1 test procedure requires that the 

luminance measurement be taken 

‘‘perpendicular to the center of the 

display screen.’’ ENERGY STAR v. 4.1 

further specifies that for Light 

Measuring Devices (LMDs) ‘‘that are not 

to be operated in close proximity to the 

screen, a 500 millimeter distance is 

recommended.’’ 

However, consumers watch TVs from 

various distances and angles. The test 

procedure may account for this by 

requiring that luminance measurements 

be taken at various angles and distances 

to most accurately account for consumer 

viewing conditions. Testing at various 

angles and distances might affect 

varying technologies differently 

depending on the particular test pattern. 

Alternatively, a contact measurement 

could be used, where the measurement 

device is placed directly on the screen 

to measure luminance. 

DOE would like to receive feedback 

regarding the appropriateness of 

measuring luminance at the screen or at 

other distances and angles. Further, 

what distances and angles are optimal 

for taking these measurements? 

4. Preset Picture Modes 

As mentioned in section 1 above, 

ENERGY STAR v. 4.1 and IEC Standard 

62087 require that TVs be tested in 

home or default picture mode. Many 

TVs are now equipped with remotes 

enabling consumers to switch easily 

between picture modes, allowing 

consumers to, either accidentally or 

intentionally, switch between modes. 

Easy switching between modes may put 

TVs into a higher power consumption 

state more easily. Currently, neither the 

ENERGY STAR v. 4.1 nor the IEC 

Standard 62087 test procedures account 

for energy consumption in non-retail or 

non-home modes. If consumers are more 

likely to switch out of home or default 

picture modes, the energy consumption 

associated with these other modes may 

require additional testing. Since current 

test procedures only require testing in 

home or default picture mode, DOE 

would like to receive feedback from 

interested parties on whether other 

preset viewing modes need to be tested 

and how to account for preset viewing 

modes. 

B. Automatic Brightness Control 

1. Room Illuminance 

Automatic brightness control (ABC) is 

a power savings function that enables 

TVs to adjust screen luminance 

automatically according to the room 

illuminance. IEC Standard 62087 

measures power savings related to ABC 

by requiring that the test be performed 

in a room with the illuminance at a 

level of 300 lux or greater. ENERGY 

STAR v. 4.1 requires the identical 

measurement at a level of 300 lux or 

greater along with an additional 

measurement at 0 lux. 

Both IEC Standard 62087 and 

ENERGY STAR v. 4.1 require that a 

measurement be taken ‘‘at 300 lux or 

greater’’ which is ambiguous, as it 

requires testing at any illuminance 

greater than 300 lux rather than at a 

discrete point, and may not promote 

consistent testing across all products. 

Further, the ENERGY STAR v. 4.1 

requirement may encourage 

manufacturers to drastically dim TVs at 

0 lux (because power consumption is 

tested at 0 lux) and increase screen 

luminance sharply at values slightly 

over 0 lux to provide a bright picture 

setting, and then flatten out, or be nonresponsive to illuminance changes until 

values of 300 lux or greater are achieved 

(since power consumption is tested at 

levels of 300 lux or greater). As a result, 

it is difficult to predict how much 

energy ABC will save when televisions 

are operated across a range of 

representative illuminance conditions. 

A more repeatable and representative 

method of measuring ABC could result 

from requiring testing at specific 

illuminance conditions, rather than 0 

lux and 300 lux or greater, that are more 

typical of consumer viewing conditions. 

DOE would like to receive comments 

from interested parties on testing at 

multiple illuminance levels as well as 

which levels would be most 

appropriate. Possible illuminance levels 

could include 0, 10, 100, and 200 lux. 

2. Measurement Location and Lighting 

When measuring ABC, both ENERGY 

STAR v. 4.1 and IEC Standard 62087 

require that the measurement of room 

illuminance be taken at the location of 

the light presence sensor. However, 

there is no indication given regarding 

the orientation of illuminance meter, 

which can have a significant effect on 

the measured value. Likewise, no 

guidance is provided on the type of light 

source to be used, and how directional 

that source is, which could affect a light 

sensor’s response. 

DOE is aware that there are alternative 

locations to measure ambient light 

conditions. For example, rather than 

measuring illuminance at the light 

presence sensor, the measurement can 

be taken at the center of the screen. This 

approach may be preferred since the 

consumer views the TV at the center of 

the screen, ensuring that the test 

procedure is representative of consumer 

use. DOE welcomes interested party 

feedback on the positioning of 

illuminance measurements. 

Finally, the lighting conditions used 

when measuring ABC should be created 

in a similar fashion, to promote 

consistent testing across products. DOE 

welcomes comments on the appropriate 

method to create desired illuminance to 

measure energy savings associated with 

ABC. 

C. Signal Source 

A number of different devices such as 

a Blu-ray player, DVD player, computer, 

or signal generator can serve as the 

signal source, which can be transmitted 

via high-definition multimedia interface 

(HDMI), digital component, or video 

graphics array (VGA) cables. 

The IEC Standard 62087 test 

procedure requires an RF input signal or 

baseband input signal if RF is not 

available. The ENERGY STAR v. 4.1 

requires that the input signals must be 

within ±2% of reference black and 

white levels. If the device has HDMI, 

this shall be used. Although both 

methods are sound, in order to obtain 

the most accurate and consistent power 

and luminance measurements, a 

standard method should be used. 

DOE is considering which signal 

source is most robust to ensure 

repeatable and reproducible test 

procedure results. In a study done by 

Ecos, the use of a standard input 

generator with a HDMI input was found 

to produce the least varied results. Ecos 

concluded that if a signal generator was 

not used, a DVD or Blu-ray player 

would also be sufficient for conducting 

luminance ratio measurements; 

however, a personal computer did not 

provide a sufficiently consistent signal. 

Ecos also determined that when HDMI 

is not available, a component 

connection should be utilized. DOE 

would like interested parties to 

comment on the best possible signal 

sources and connections for use in its 

test procedure. 

D. Steady State 

TVs should reach steady state prior to 

the technician measuring both power 

and luminance. The warm-up periods 


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for power measurements specified in 

IEC Standard 62087 and ENERGY STAR 

v. 4.1 are dependent on the video signal 

being used to test the TV. For static 

video signals, the measurement must be 

taken before the activation of image 

retention prevention features. Whereas 

for broadcast-content video and 

internet-content video signals, the 

measurement is taken after the TV has 

been operating for 1 hour. The lengthy 

warm-up requirement may not be 

necessary for all TV technologies, 

requiring unnecessary burden on 

manufacturers; therefore DOE would 

like to solicit comments from interested 

parties on appropriate warm-up periods 

or a method of ensuring that the 

variation in the measured power is 

within a particular percentage needed 

for TVs to reach steady-state. 

For conducting luminance 

measurements, the ENERGY STAR v. 

4.1 test procedure requires the 

luminance test pattern to run for 10 

minutes before recording a 

measurement, noting that if the TV 

stabilizes prior to 10 minutes, a 

measurement can be taken earlier. DOE 

believes that the 10 minute warm-up 

period may not provide sufficient time 

to allow all TV technologies to stabilize. 

However, a longer warm-up period will 

increase the overall time needed to 

conduct a full test. DOE would like to 

receive comments from interested 

parties on the time required for TV 

luminance to stabilize. 

E. Three Dimensional Technology 

Both the IEC and ENERGY STAR v. 

4.1 test procedures only account for 

testing of two dimensional (2D) images. 

However, three dimensional (3D) 

technology in TVs is becoming 

increasingly popular and DOE is 

unaware of any existing test methods for 

accurately measuring energy use for 3D 

technology using 3D images. Although 

3D TVs can switch to 2D viewing and 

be tested using existing 2D test 

procedures, the 2D test patterns and 

testing methods might not account for 

the potential increase in energy use 

associated with 3D picture settings. DOE 

requests feedback from interested 

parties on testing 3D TVs. 

F. Download Acquisition Mode 

The ENERGY STAR v. 4.1 test 

procedure defines download acquisition 

mode as: 

‘‘Where the product is connected to a 

mains power source, is not producing a 

sound or a picture, and is actively 

downloading channel listing information 

according to a defined schedule for use by 

the electronic programming guide, 

monitoring for emergency messaging/ 

communications and/or otherwise 

communicating through a network protocol. 

The power use in this mode is typically 

greater than the power requirement in Sleep 

and less than that in On Mode.’’ 

While IEC Standard 62087 does 

account for energy consumed in 

download acquisition mode, the 

ENERGY STAR v. 4.1 test procedure 

requires that download acquisition 

mode be tested according to the test 

procedure developed by ROVI 

Corporation (http://www.energystar.gov/ 

ia/partners/prod_development/ 

revisions/downloads/television/ 

Procedure_DAM_Testing.pdf). DOE is 

considering if and how it should 

measure download acquisition mode 

and would like interested party 

feedback on the issue. 

G. Internet Connectivity 

TVs are increasingly designed to 

include the ability to connect to the 

internet. This technology allows users to 

stream information directly from the 

internet for display onto their TV, 

potentially causing TVs to consume 

more energy. IEC Standard 62087 

measures internet usage by requiring 

that a power measurement be taken 

while the television is displaying an 

internet content video signal. Although 

internet and television images may 

differ, DOE would like to receive 

comment on the energy required to 

connect to and display images from the 

internet. 

H. Power Saving Technologies 

1. Presence Sensors 

Presence sensors use a technology 

that enables a TV to sense the presence 

of viewers through movement and body 

heat. The TV will power down if it 

senses a lack of a viewer in the room, 

in order to save energy. IEC Standard 

62087 measures savings related to other 

power saving functions but does not 

specify a detailed test method for testing 

presence sensor technology. 

To ensure that all power saving 

technologies are accounted for correctly 

in the test procedure, DOE is 

considering whether or not to develop a 

more detailed test procedure to test 

savings associated with the presence 

sensor technology. DOE would like to 

receive comment on this issue. 

2. Other Power Saving Technologies 

DOE is aware that many power saving 

technologies exist for TVs. For example, 

Video Electronics Standards Association 

(VESA) Display Power Management 

System (DPMS), which manages the 

power supply of computer displays, and 

HDMI Consumer Electronics Control 

(CEC), which allows users to manage 

their entertainment system to reduce 

energy use. IEC Standard 62087 

accounts for other power saving 

functions by simply requiring that the 

user ‘‘test other power saving functions,’’ 

but does not specify particular testing 

methods for these technologies. 

In order to ensure the most repeatable 

and reproducible testing method, DOE 

would like to receive comment on 

possible methods to test these as well as 

other viable power saving technologies. 

I. Scope of Coverage 

Traditionally, computer monitors and 

televisions have been tested separately 

since each requires different 

technologies and were utilized 

differently by consumers. Recently, 

however, televisions have begun to 

integrate the internet and other 

computer-like features. Similarly, some 

computer monitors now feature 

television viewing capabilities. Both the 

technologies and markets for computer 

monitors and television have begun to 

merge, with some identical products 

being marketed separately as televisions 

and monitors. For instance, LCD panels 

are often identical in similar-sized 

monitors and TVs; new TVs often come 

equipped to receive VGA input; and 

monitors often come equipped with 

HDMI inputs. DOE would like feedback 

on whether to include computer 

monitors in the scope of the television 

test procedure to account for the current 

amalgamation of the traditionally 

different products. 

ENERGY STAR v. 4.1’s scope 

includes televisions with computer 

capability but distinguishes between 

televisions and computer monitors only 

based on how they are marketed and 

sold to consumers. DOE would like to 

receive comment on whether computer 

monitor and television technology 

require separate testing methods or 

could be tested using the same methods. 

DOE seeks responses from interested 

parties and requests submission of 

comments, relevant data, and 

information related to the issues 

described above. 

III. Public Participation 

DOE is also interested in comments 

on other relevant issues that 

participants believe would affect test 

procedures applicable to this product. 

DOE invites all interested parties to 

submit in writing by October 4, 2010, 

comments and information on matters 

addressed in this notice and on other 

matters relevant to DOE’s consideration 

of new test procedures for TVs. 

After the close of the comment period, 

DOE will begin collecting data, 

conducting the analyses, and reviewing 


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54052 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Proposed Rules 

the public comments. These actions will 

be taken to aid in the development of a 

test procedure NOPR for TVs. 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures. DOE 

actively encourages the participation 

and interaction of the public during the 

comment period in each stage of the 

rulemaking process. Interactions with 

and between members of the public 

provide a balanced discussion of the 

issues and assist DOE in the rulemaking 

process. Anyone who wishes to be 

added to the DOE mailing list to receive 

future notices and information about 

this rulemaking should contact Ms. 

Brenda Edwards at (202) 586–2945, or 

via e-mail at 

Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on August 27, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–22066 Filed 9–2–10; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL FINANCIAL INSTITUTIONS 

EXAMINATION COUNCIL 

12 CFR Part 1101 

Description of Office, Procedures, and 

Public Information 

AGENCY: Federal Financial Institutions 

Examination Council. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Federal Financial 

Institutions Examination Council 

(Council or FFIEC), on behalf of its 

members, is proposing to update its 

Freedom of Information Act (FOIA) 

regulations. The Council last made 

changes to its FOIA regulations in 1988. 

Since that time information relating to 

the Council has changed and there have 

been several amendments to the FOIA, 

which need to be reflected in the 

regulations. The proposed rules revise 

the procedures to be used by members 

of the public in requesting records 

maintained by the Council, the time 

limits in which the Council must make 

a determination on disclosure in 

response to a request for records, the 

time period in which a requester has the 

right to administratively appeal any 

adverse determination made on a 

request for records, and provides 

procedures to be used to request 

expedited processing of FOIA requests. 

The revisions in the proposed rules are 

designed to improve access to records 

maintained by the Council and to 

provide clearer guidance to requesters 

on how to obtain records under the 

FOIA. 

DATES: Comments must be submitted on 

or before October 4, 2010. 

ADDRESSES: Because paper mail in the 

Washington, DC area and received by 

the Council is subject to delay due to 

heightened security precautions, 

commenters are encouraged to submit 

comments by the Federal eRulemaking 

Portal, if possible. Please use the title 

‘‘FOIA Comments’’ to facilitate the 

organization and distribution of the 

comments. You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal— 

‘‘Regulations.gov’’: Go to http:// 

www.regulations.gov, under the ‘‘More 

Search Options’’ tab click next to the 

‘‘Advanced Docket Search’’ option 

where indicated, select ‘‘FFIEC’’ from 

the agency drop-down menu, then click 

‘‘Submit.’’ In the ‘‘Docket ID’’ column, 

select ‘‘Docket Number FFIEC–2010– 

0001’’ to submit or view public 

comments, and to view supporting and 

related materials for this notice of 

proposed rulemaking. The ‘‘How to Use 

This Site’’ link on the Regulations.gov 

home page provides information on 

using Regulations.gov, including 

instructions for submitting or viewing 

public comments, viewing other 

supporting and related materials, and 

viewing the docket after the close of the 

comment period. 

• Mail: Paul Sanford, Executive 

Secretary, Federal Financial Institutions 

Examination Council, L. William 

Seidman Center, Mailstop: B–7081a, 

3501 Fairfax Drive, Arlington, Virginia 

22226–3550. 

• Hand Delivery/Courier: Paul 

Sanford, Executive Secretary, Federal 

Financial Institutions Examination 

Council, L. William Seidman Center, 

Mailstop: B–7081a, 3501 Fairfax Drive, 

Arlington, Virginia 22226–3550. 

Instructions: You must include 

‘‘FFIEC’’ as the agency name and ‘‘Docket 

Number FFIEC–2010–0001’’ in your 

comment. In general, the Council will 

enter all comments received into the 

docket and publish them on the 

Regulations.gov Web site without 

change, including any business or 

personal information that you provide 

such as name and address information, 

e-mail addresses, or phone numbers. 

Comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Do not 

include any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

You may review comments and other 

related materials that pertain to this 

notice of proposed rulemaking 

electronically by following these 

instructions: Go to http:// 

www.regulations.gov, under the ‘‘More 

Search Options’’ tab click next to the 

‘‘Advanced Document Search’’ option 

where indicated, select ‘‘FFIEC’’ from 

the agency drop-down menu, then, click 

‘‘Submit.’’ In the ‘‘Docket ID’’ column, 

select ‘‘Docket FFIEC–2010–0001’’ to 

view public comments for this 

rulemaking action. 

Docket: You may also view or request 

available background documents and 

project summaries using the methods 

described above. 

FOR FURTHER INFORMATION CONTACT: Paul 

Sanford, Executive Secretary, Federal 

Financial Institutions Examination 

Council, via telephone: (703) 516–5590, 

or via e-mail: PaSanford@FDIC.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Council proposes a number of 

substantive and technical changes to its 

regulations implementing the FOIA (5 

U.S.C. 552, as amended) that fall within 

two general categories. First, the 

Council proposes modifying its existing 

regulations to reflect the amendments to 

the FOIA contained in the Electronic 

Freedom of Information Act 

Amendments of 1996, Public Law 104– 

231, 110 Stat. 3048, and the OPEN 

Government Act, Public Law 110–175, 

121 Stat. 2524. The Electronic Freedom 

of Information Act Amendments 

increased the FOIA’s basic time limit for 

agency responses to FOIA requests, and 

provided for expedited processing of 

FOIA requests under certain conditions, 

among other procedural revisions. The 

OPEN Government Act also amended 

various FOIA administrative 

procedures, such as when an agency 

may toll the statutory time for 

responding to FOIA requests, and how 

to indicate exemptions authorizing 

deletion of materials under the FOIA on 

a responsive record. 

Second, the Council proposes to 

revise its regulations to further clarify 

its policies and procedures relating to 

the processing of FOIA requests and the 

administration of its FOIA operations. 

Accordingly, the Council proposes to 

revise its regulations implementing the 

FOIA and put them out for public 

comment. The specific amendments that 

the Council proposes to each section of 

12 CFR Part 1101 are discussed 

hereafter in regulatory sequence. 

II. Proposed Regulatory Revisions 

In 12 CFR 1101.3(e), the Council 

proposes revising the paragraph by 


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