[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Proposed Rules]
[Pages 11892-11921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04014]



[[Page 11891]]

Vol. 87

Wednesday,

No. 41

March 2, 2022

Part III





Department of Energy





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10 CFR Parts 429 and 430





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

Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / 
Proposed Rules

[[Page 11892]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2016-BT-TP-0023]
RIN 1904-AD70


Energy Conservation Program: Test Procedure for Television Sets

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
test procedures for television sets to incorporate by reference the 
relevant updated industry standard. DOE has tentatively determined that 
the proposed updates would result in a test procedure that is more 
representative of the average energy use of television sets. DOE is 
seeking comment from interested parties on the proposal.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than May 2, 2022. See section [V], ``Public 
Participation,'' for details. DOE will hold a webinar on Wednesday, 
April 6, 2022, from 1:00 p.m. to 4:00 p.m. See section V, ``Public 
Participation,'' for webinar registration information, participant 
instructions, and information about the capabilities available to 
webinar participants. If no participants register for the webinar, it 
will be cancelled.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2016-BT-TP-0023, 
by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: to <a href="/cdn-cgi/l/email-protection#295d4c454c5f405a4046475a1b19181f5d5919191b1a694c4c074d464c074e465f"><span class="__cf_email__" data-cfemail="5420313831223d273d3b3a27666465622024646466671431317a303b317a333b22">[email protected]</span></a>. Include docket 
number EERE-2016-BT-TP-0023 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing coronavirus 2019 (``COVID-19'') pandemic. DOE is currently 
suspending receipt of public comments via postal mail and hand 
delivery/courier. If a commenter finds that this change poses an undue 
hardship, please contact Appliance Standards Program staff at (202) 
586-1445 to discuss the need for alternative arrangements. Once the 
COVID-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket web page can be found at www.regulations.gov/docket/EERE-2016-BT-TP-0023. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section V for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 506-9870. Email: <a href="/cdn-cgi/l/email-protection#4f0e3f3f23262e212c2a1c3b2e212b2e3d2b3c1e3a2a3c3b2620213c0f2a2a612b202a61282039"><span class="__cf_email__" data-cfemail="f0b180809c99919e9395a384919e9491829483a185958384999f9e83b09595de949f95de979f86">[email protected]</span></a>.
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 287-6122. Email: <a href="/cdn-cgi/l/email-protection#3e5d5b52575f104d565b4c7e564f105a515b10595148"><span class="__cf_email__" data-cfemail="6c0f0900050d421f04091e2c041d42080309420b031a">[email protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#307140405c59515e53556344515e54514254436145554344595f5e437055551e545f551e575f46"><span class="__cf_email__" data-cfemail="98d9e8e8f4f1f9f6fbfdcbecf9f6fcf9eafcebc9edfdebecf1f7f6ebd8fdfdb6fcf7fdb6fff7ee">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the 
following industry standard into part 430: ANSI/CTA-2037-C, 
Determination of Television Set Power Consumption, CTA approved October 
2021.
    Copies of ANSI/CTA-2037-C can be obtained from: Consumer Technology 
Association. 1919 S Eads Street, Arlington, VA 22202, 703-907-7600, or 
by going to www.cta.tech.
    For a further discussion of this standard, see section IV.M of this 
document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope of Applicability
    B. Updates to Industry Standards
    C. Definitions
    D. Test Equipment
    1. Power Supply
    2. Power Meter
    3. Luminance Meter
    4. Illuminance Meter
    5. Video Input Device
    6. Light Source for ABC Testing
    E. Test Room Setup
    1. Room Ambient Conditions
    2. Room Illuminance Level
    3. UUT Installation and Placement
    F. Test Configuration
    1. Configuration of Special Functions
    2. Media Player Setup and Connection
    3. Test Clips
    4. Preset Picture Settings for On Mode Tests
    5. Sound Level
    6. Network Configuration
    G. Test Conduct
    1. On Mode Test
    2. Luminance Test
    3. Standby Mode Test
    4. Off Mode Test
    H. Calculation of Annual Energy Consumption
    I. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization with Industry Standards
    J. Compliance Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Submission of Comments
    C. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

[[Page 11893]]

I. Authority and Background

    Television sets (``TVs'') are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend test 
procedures. (42 U.S.C. 6292(a)(12)) DOE's current test procedure for 
TVs is codified at title 10 of the Code of Federal Regulations 
(``CFR'') part 430, subpart B, appendix H, ``Uniform Test Method for 
Measuring the Power Consumption of Television Sets'' (``appendix H''). 
DOE has not established energy conservation standards for TVs. The 
following sections discuss DOE's authority to establish test procedures 
for TVs and relevant background information regarding DOE's 
consideration of test procedures for this product.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products include TVs, the subject of this document. (42 U.S.C. 
6292(a)(12))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section 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 not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
and incorporate standby and off mode energy consumption or such 
integration is technically infeasible. If an integrated test procedure 
is technically infeasible, DOE must prescribe a separate standby mode 
and off mode energy use test procedure for the covered product, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment 
must consider the most current versions of the International 
Electrotechnical Commission (``IEC'') Standard 62301 \3\ and IEC 
Standard 62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
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    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including TVs, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not be 
unduly burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle or period of 
use. (42 U.S.C. 6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures. DOE is publishing this 
notice of proposed rulemaking (``NOPR'') in satisfaction of the 7-year 
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Background

    DOE most recently amended its TV test procedures in a final rule 
published on October 25, 2013 (``October 2013 final rule''). 78 FR 
63823. The current DOE test procedure includes methods for measuring TV 
power consumption in active mode (i.e., on mode), standby mode, and off 
mode; TV screen luminance; and the annual energy consumption (``AEC'') 
of TVs. As part of the on mode testing, DOE adopted the use of IEC 
Standard 62087, Edition 3.0, 2011-04 ``Methods of measurement for the 
power consumption of audio, video, and related equipment'' (``IEC 
62087:2011''). IEC 62087:2011 includes a video test clip on a DVD and 
Blu-ray Disc<SUP>TM</SUP> to be used when conducting on mode testing 
(``IEC test clip''), as well a static, black-and-white 3-bar image for 
measuring screen luminance.
    Subsequently, on June 24, 2016, DOE published in the Federal 
Register a request for information (``June 2016 RFI'') seeking comments 
on the existing TV test procedure. 81 FR 41262. In the June 2016 RFI, 
DOE noted that it found certain TVs consistently demonstrated decreased 
power use when displaying the IEC test clip as compared to other test 
clips. Id. at 81 FR 41277. DOE noted that this reduction in power 
consumption was primarily seen in TVs that had motion-based dynamic

[[Page 11894]]

dimming (``MDD'') functionality \5\ turned on during testing, which 
would reduce the power consumption when playing the IEC test clip 
because the IEC test clip is composed of short segments of high motion 
stitched together. Id. In the June 2016 RFI, DOE requested comments, 
information, and data on this topic, as well as: The use of the IEC 
test clip or other test clips; whether the current luminance test, 
which uses a static 3-bar image to measure screen luminance, was 
representative of an average use cycle or period of use, or alternative 
luminance tests that should be considered; and the default settings of 
a TV and changes to the default settings and special functions by 
consumers.
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    \5\ ANSI/CTA-2037-C defines motion-based dynamic dimming as a 
television feature that adjusts luminance in response to amount of 
motion in the displayed image. In practice, MDD dims a TV's 
backlight when rapid motion or frequent scene changes are displayed 
on screen.
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    DOE received comments in response to the June 2016 RFI from the 
interested parties listed in Table I.1.

                        Table I.1--Written Comments Received in Response to June 2016 RFI
----------------------------------------------------------------------------------------------------------------
                   Organization(s)                        Reference in this NOPR            Commenter type
----------------------------------------------------------------------------------------------------------------
Appliance Standards Awareness Project and the          ASAP and NEEP...............  Efficiency Organizations.
 Northeast Energy Efficiency Partnerships.
Pacific Gas and Electric Company, Southern California  CA IOUs.....................  Utilities.
 Gas Company, Southern California Edison, and San
 Diego Gas and Electric Company; collectively, the
 California Investor-Owned Utilities.
Consumer Technology Association......................  CTA.........................  Trade Association.
LG Electronics USA, Inc. \6\.........................  LG..........................  Manufacturer.
Natural Resources Defense Council....................  NRDC........................  Efficiency Organization.
Northwest Energy Efficiency Alliance.................  NEEA........................  Efficiency Organization.
Samsung Electronics..................................  Samsung.....................  Manufacturer.
----------------------------------------------------------------------------------------------------------------

    The received comments in response to the June 2016 RFI are 
addressed throughout this document and a parenthetical reference at the 
end of a comment quotation or paraphrase provides the location of the 
item in the public record.\7\
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    \6\ LG Electronics USA, Inc. submitted a second comment after 
the close of the comment period.
    \7\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking for TVs. 
(Docket NO. EERE-2016-BT-TP-0023, which is maintained at 
www.regulations.gov). The references are arranged as follows: 
(commenter name, comment docket ID number, page of that document).
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    Following the publication of the RFI, on January 19, 2017, DOE 
posted a pre-publication advance notice of proposed rulemaking 
(``January 2017 pre-publication ANOPR''),\8\ which described potential 
amendments to the TV test procedure that would address the issues 
discussed in the RFI as well as a number of other issues, including the 
configuration of special functions during testing, performing system 
updates prior to testing, and incorporating updated industry test 
procedures.\9\ (January 2017 pre-publication ANOPR at pp. 6-10) The 
January 2017 pre-publication ANOPR was intended to assist DOE in 
determining whether amendments are needed to ensure that the TV test 
procedure produces results that are representative of an average use 
cycle or period of use. (Id. at p. 5) The January 2017 pre-publication 
ANOPR was also intended to facilitate discussion, solicit feedback, and 
provide input to industry consensus standards setting bodies regarding 
modifications that DOE was considering so that these other 
organizations can be apprised of DOE's considerations as they undertook 
their own revisions. (Id. at p. 6)
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    \8\ The January 2017 pre-publication ANOPR is available at: 
www.energy.gov/sites/prod/files/2017/01/f34/tv_tp_anopr_2017-1-19_4.pdf.
    \9\ The January 2017 pre-publication ANOPR was not subsequently 
published in the Federal Register due to the Regulatory Freeze 
Pending Review published on January 24, 2017. 82 FR 8346.
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    While specific comments received in response to the June 2016 RFI 
are discussed in relevant sections of this document, DOE received 
certain comments regarding the overall test procedure at appendix H. 
NRDC and ASAP and NEEP recommended that the test method be updated to 
be more representative of current typical viewing conditions to provide 
a more accurate estimate of TV energy consumption during actual usage. 
(NRDC, No. 2 at p. 1; ASAP and NEEP, No. 6 at p. 1) CA IOUs expressed 
concerns regarding whether the current test procedure is representative 
of actual consumer TV viewing conditions. (CA IOUs, No. 8 at pp. 1-2)
    CTA recommended that DOE terminate its test procedure rulemaking 
process while IEC and CTA update their respective TV test procedures. 
(CTA, No. 7 at pp. 4-5, 7) CTA stated that DOE's only appropriate role 
with respect to the TV test procedure is to adopt and incorporate by 
reference a full-vetted industry-led standard. (Id.) CTA asserted that 
a DOE-specific test procedure would always lag behind technology 
innovation and would introduce unnecessary burden for TV manufacturers. 
(Id.) CTA stated that the issues discussed in the RFI did not 
necessitate the completion of a new TV test procedure rulemaking before 
the IEC standard was updated. (Id.) CTA commented that, while a test 
procedure for TVs should be maintained to keep pace with technology 
improvements and changes, there were ongoing efforts to update the 
industry test standards for TV power measurement. (CTA, No. 7 at pp. 2-
3) CTA further commented that the IEC standard has been efficiently 
produced, is being kept up-to-date as technology evolves, and asserted 
that the industry standard is therefore consistent with DOE regulatory 
activities and practical considerations. (CTA, No. 7 at p. 4) Samsung 
similarly commented that all of the issues discussed in the RFI, as 
well as additional issues not discussed in the RFI, are within the 
scope of an IEC development process that had already been initiated at 
the time. (Samsung, No. 5 at pp. 1-2) CTA and Samsung both recommended 
that DOE participate in the ongoing IEC standards development when 
considering revisions to appendix H. CTA stated that this approach is 
required in order to comply with the Office of Management and Budget 
(``OMB'') Circular A-119. (CTA, No. 7 at pp. 3-5; Samsung, No. 5 at pp. 
1-2)
    Subsequently, in October 2021, CTA published an update to its TVs 
power measurement standard, ``Determination of Television Set Power 
Consumption,''

[[Page 11895]]

American National Standards Institute (``ANSI'')/CTA-2037-C (``ANSI/
CTA-2037-C''), which DOE has tentatively determined addresses many of 
the concerns DOE raised in the June 2016 RFI as well as many of the 
comments submitted by NRDC, ASAP and NEEP, CA IOUs, CTA, and Samsung.
    DOE has initially determined that ANSI/CTA-2037-C is consistent 
with the existing metrics and approach incorporated in the TV test 
procedure at appendix H, while also incorporating provisions that 
address current industry trends and improve the accuracy and 
repeatability of the test procedure. ANSI/CTA-2037-C also adopts 
several changes that were suggested in public comments submitted by 
interested parties in response to DOE's June 2016 RFI. DOE participated 
in the CTA standards development process, including providing input and 
participating in round robin testing to evaluate the CTA standard while 
under development, and is currently also participating in the IEC 
standards development process. A test report detailing the results of 
the round robin testing is available at the ENERGY STAR website 
(``round robin test report'').\10\
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    \10\ Televisions Test Report, April 12, 2021. Available at: 
www.energystar.gov/sites/default/files/ENERGY%20STAR%20TVs%20Test%20Report%20-%20April%202021.pdf.
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II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to incorporate by reference into 10 CFR 
430.3 the updated industry standard, ANSI/CTA-2037-C, and adopt through 
reference in appendix H certain provisions of the industry standard 
that would:
    (1) Establish definitions and symbols associated with the updates 
to the industry standard including those applicable to the new test 
equipment, TV settings, and video content (e.g., high dynamic range 
(``HDR''), dynamic luminance, MDD);
    (2) Update the specifications required for the power supply, power 
meter, and illuminance meter, including additional requirements to 
reduce the voltage and frequency fluctuations in the power supply 
specifically for on mode testing and requiring the calibration of the 
illuminance meter to a light-emitting diode (``LED'') illuminant;
    (3) Specify the use of a camera photometer for the measurement of 
dynamic luminance during all on mode testing instead of the usage of a 
luminance meter only capable of instantaneous luminance measurements;
    (4) Update the method for test video storage to a universal serial 
bus (``USB'') device rather than a Blu-ray Disc played through a media 
player that does not conduct any video processing;
    (5) Specify the automatic brightness control (``ABC'') light source 
to be an LED lamp rather than an incandescent lamp. Additionally, 
specify that the ABC light source be positioned at an angle of 45 
degrees (``[deg]'') from the ABC sensor. The illuminance meter is also 
required to be angled at 45[deg] pointed directly at the ABC light 
source;
    (6) Specify detailed unit under test (``UUT'') installation and 
placement requirements, including the setup of test equipment relative 
to the UUT and options for placing the TV on the wall or floor, rather 
than a TV stand or table;
    (7) Specify the TV to be updated to the latest firmware version and 
include configuration requirements for special functions such as MDD 
and quick start;
    (8) Introduce on mode testing for TVs with HDR-enabled, and 4K 
resolution testing;
    (9) Require all on mode and standby mode testing to be conducted 
with the TV connected to a wide area network (``WAN'') and additionally 
connected to three types of devices, over local area network (``LAN''), 
capable for waking the TV: A ``smart'' speaker, mobile device, and 
device sending multicast discovery packets every 1 second;
    (10) Include new test clips for high dynamic range-10 (``HDR10'') 
format;
    (11) Require on mode testing in three different preset picture 
settings: Standard dynamic range (``SDR'') default, SDR brightest, and 
HDR10 default, rather than a single test in the default preset picture 
setting;
    (12) Update the ambient light requirements for ABC-enabled testing 
to 140 lux, 50 lux, 17 lux, and 4 lux, each with a <plus-minus> 5-
percent tolerance;
    (13) Specify a single standby mode test during which the TV is 
connected to WAN and additionally connected to the three types of 
network devices connected via LAN. The standby test period depends on 
the stability of the average power consumption of the TV during the 
last third of the measurement period.
    Additionally, DOE proposes to amend the calculation of the AEC 
metric to incorporate the average on mode power in the SDR default, SDR 
brightest, and HDR10 default preset picture settings and remove the off 
mode power consumption.
    DOE's proposed actions are summarized in Table II.1 compared to the 
current test procedure as well as the reason for the proposed change.

          Table II.1--Summary of Changes in Proposed Test Procedure Relative to Current Test Procedure
----------------------------------------------------------------------------------------------------------------
     Current DOE test procedure              Proposed test procedure                     Attribution
----------------------------------------------------------------------------------------------------------------
Defines terms applicable to the test  References certain definitions from   Update to industry standard.
 procedure                             ANSI/CTA-2037-C
Requires power supply and power       Updates reference to ANSI/CTA-2037-   Update to industry standard.
 meter to meet specifications          C, with the exception that only the
 incorporated from IEC 62087:2011      UUT be powered using the AC power
                                       supply
Requires a luminance meter for        References ANSI/CTA-2037-C, which     Update to industry standard.
 luminance testing of TVs              specifies the use of a camera
                                       photometer
Requires illuminance meter to be      References ANSI/CTA-2037-C, which     Update to industry standard. Improve
 accurate for ambient light            requires the illuminance meter to     representativeness of results.
 measurements                          be calibrated to an LED illuminant
Requires the playback of specified    References ANSI/CTA-2037-C, which     Update to industry standard. Improve
 media from a Blue-Ray player via a    utilizes a media player and USB       representativeness of results.
 Blu-ray Disc                          storage device to play the
                                       specified media
Requires the ABC light source to be   References ANSI/CTA-2037-C, which     Update to industry standard. Improve
 an incandescent bulb for ABC          uses an LED light source for ABC      representativeness of results.
 testing                               testing
Requires the light source to be       References ANSI/CTA-2037-C, which     Update to industry standard. Improve
 directed at the center of the ABC     directs the ABC light source at the   representativeness of results.
 sensor from 1.5 meters (``m'') away   ABC sensor at an angle of 45[deg]
 aligned directly with the center of
 the sensor

[[Page 11896]]

 
Requires the TV to be placed at       References ANSI/CTA-2037-C, which     Update to industry standard.
 least 0.5 m away from any wall        specifies that the TV must be
 surface and setup according to        placed on a table, floor, or wall
 manufacturer's instructions           with a black cloth and reflective
                                       card be placed underneath the ABC
                                       sensor
Requires the ambient light to be      References ANSI/CTA-2037-C, which     Update to industry standard. Improve
 measured by the illuminance meter     requires the illuminance meter to     representativeness of results.
 at the ABC sensor pointing in the     be positioned at the ABC sensor on
 direction of the light source         a stand that allows it to point
                                       directly at the 45[deg] light
                                       source
Requires TVs to be tested in the      References ANSI/CTA-2037-C, which     Update to industry standard.
 default state for all special         disables MDD, and conditionally
 functions, unless a forced menu is    enables ``quick start.'' When a
 displayed requiring the               forced menu is displayed, the most
 configuration of special functions,   power consumptive option is
 in which case the most power          selected, with some exceptions
 consumption option is selected
Does not conduct any testing for HDR  References ANSI/CTA-2037-C, which     Update to industry standard. Improve
 preset picture settings               conducts testing in SDR default,      representativeness of results.
                                       SDR brightest, and HDR10 default
                                       preset picture settings
Does not require TVs to update their  References ANSI/CTA-2037-C, which     Update to industry standard.
 system firmware prior to testing      requires the UUT use the latest
                                       firmware update and conduct a
                                       factory reset
Requires the TV to be connected to a  References ANSI/CTA-2037-C, which     Update to industry standard. Improve
 LAN with no other devices other       requires the UUT be connected to a    representativeness of results.
 than the TV                           WAN and additionally be connected
                                       with a smart speaker, mobile
                                       device, and a network traffic
                                       generator over LAN. These network
                                       conditions are required for all on
                                       mode and standby mode testing
Requires the stabilization of the TV  References ANSI/CTA-2037-C, which     Updates to industry standard.
 by directing the light source with    requires the TV to be stabilized by
 at least 300 lx into the ABC sensor   playing 5-minutes of the IEC test
                                       clip and comparing the average
                                       power between two successive runs
Specifies the use of the IEC test     References ANSI/CTA-2037-C, which     Updates to industry standard.
 clip (in the highest resolution (SD   retains the IEC test clip (in SD
 or HD) supported by the TV) played    and HD resolution) but specifies
 via a Blu-ray Disc as specified in    that it must be played via a USB
 IEC 62087:2011                        flash drive. Additionally,
                                       specifies a new 5-minute HDR10 test
                                       clip (in HD and UHD resolution)
Requires the on mode test to be       References ANSI/CTA-2037-C, which     Update to industry standard.
 conducted at ambient light levels     conducts ABC testing for preset
 of 100, 35, 12, and 3 lux if the TV   picture settings with ABC enabled
 has ABC enabled by default            by default at ambient light levels
                                       of 140, 50, 17, and 4 lux
Measures power consumption and        References ANSI/CTA-2037-C, which     Update to industry standard.
 luminance separately                  measures power consumption as well
                                       as dynamic luminance of the TV
                                       during the same test
Requires a luminance test to          References ANSI/CTA-2037-C, which     Update to industry standard.
 determine the brightest preset        determines the SDR brightest preset
 picture setting using the luminance   picture setting by playing the 5-
 meter and the IEC three-bar image     minute IEC test clip in each preset
                                       picture setting (with ABC disabled)
                                       and determining the brightest based
                                       on the dynamic luminance during the
                                       5-minute test period
Specifies standby-passive mode,       References ANSI/CTA-2037-C, which     Update to industry standard. Improve
 standby-active mode, low mode, and    conducts a single standby mode test   representativeness of results.
 off mode tests                        during which the UUT is connected
                                       to WAN and additionally connected
                                       to three network devices on LAN and
                                       the average power consumption is
                                       measured for a variable duration,
                                       depending on the stability of the
                                       power consumption, over a period of
                                       60 to 240 minutes. Additionally,
                                       eliminates the off mode test
Requires the AEC to be calculated     Requires the AEC to be calculated     Improves representativeness of
 using on mode power, standby-active   using the on mode power as the        results.
 low power, standby-passive power,     average power of SDR default, SDR
 and off mode power                    brightest, and HDR10 default preset
                                       picture settings, as well as the
                                       standby mode power consumption
----------------------------------------------------------------------------------------------------------------

    DOE has tentatively determined that the proposed amendments 
described in section III of this NOPR would alter the measured 
efficiency of TVs and would require retesting of TV basic models. The 
proposed test procedure is substantively the same procedure established 
by industry, with some modifications. Discussion of DOE's proposed 
actions are addressed in detail in section III of this NOPR.

III. Discussion

A. Scope of Applicability

    This proposed rulemaking applies to TVs, which are products 
designed to produce dynamic video, contain an internal TV tuner encased 
within the product housing, and that are capable of receiving dynamic 
visual content from wired or wireless sources including but not limited 
to broadcast signals, display-specific data connections, media storage 
devices, and/or network connections. 10 CFR 430.2. DOE is not proposing 
to amend the scope of the current TV test procedure.

B. Updates to Industry Standards

    Appendix H references IEC 62087:2011 and IEC 62301, Edition 2.0, 
2011-04, ``Household electrical appliances--Measurement of standby 
power'' (``IEC 62301 Ed. 2.0'') for certain requirements, while the 
remaining requirements are specified in appendix H itself.

[[Page 11897]]

    The IEC and CTA are two industry standards development bodies that 
have published standards for testing the power consumption of TVs 
(i.e., IEC 62087 and CTA 2037, respectively). Since publication of the 
October 2013 final rule, both of these standards have been updated more 
than once to keep pace with evolving TV technologies. The most recent 
update was the publication of ANSI/CTA-2037-C in October 2021; an 
update to the IEC 62087 standard is currently underway.
    In this NOPR, DOE is proposing to incorporate by reference ANSI/
CTA-2037-C into 10 CFR 430.3 to reference the relevant sections of this 
industry standard in the DOE test procedure at appendix H. Since 
publication of the October 2013 final rule, TV technology has evolved 
significantly. ANSI/CTA-2037-C addresses many of the technologies 
(e.g., ultra-high definition (``UHD'') or ``4K'' resolution, HDR, etc.) 
not previously considered in the development of the current DOE test 
procedure for TVs and also specifies configuration and setup 
requirements to improve the representativeness with respect to the 
current DOE test procedure at appendix H.
    While standard definition (``SD'') and high definition (``HD'') 
were the predominant TV display resolutions at the time of the October 
2013 final rule, UHD resolution TVs have gained prominence currently, 
and 8K resolution TVs are emerging. According to Statista, as of March 
2021, around 44 percent of U.S. households with TVs have a 4K-capable 
TV at home, compared to 31 percent in 2019.\11\ Additionally, HDR 
content is more prevalent, and a majority of the TVs are ``smart'' TVs 
(i.e., they can be connected to a network connection). In 2016, 
Information Handling Services (``IHS'') Markit estimated that shipments 
of TVs supporting HDR functionality would increase from 4 million units 
in 2016 to more than 30 million units in 2020.\12\ Hub Entertainment 
Research estimates that 52 percent of all TVs are reported in 2021 to 
be smart TVs, up from 45 percent in 2020.\13\
---------------------------------------------------------------------------

    \11\ 4K Ultra HDTV household penetration in the United States in 
2019 and 2021. October 19, 2021. Available at: www.statista.com/statistics/1247334/4k-ultra-hdtv-us-household-penetration/.
    \12\ IHS Study: 4K Ultra HD HDR to take Major TV Market Share by 
2020. October 12, 2016. Available at: hdguru.com/ihs-study-4k-ultra-hd-hdr-to-take-major-tv-market-share-by-2020/.
    \13\ Report: Smart TVs Account For 50% of TVs Overall; Found in 
70% of TV Homes. April 7, 2021 Available at: www.mediaplaynews.com/report-smart-tvs-account-for-50-percent-of-tvs-overall-found-in-70-percent-tv-homes/.
---------------------------------------------------------------------------

    Accordingly, DOE is proposing to adopt by reference the substantive 
provisions of ANSI/CTA-2037-C, with some modifications in order to 
provide additional detail and test conditions in order to improve the 
representativeness of the test results. DOE has initially determined 
that the measurement of screen luminance and power consumption as 
specified in ANSI/CTA 2037-C would provide a measured result that is 
more representative of the average period of use of TVs.
    Since publication of the June 2016 RFI, DOE has conducted testing 
according to appendix H, performed investigative testing to understand 
TV power consumption and the functions that impact power draw, and also 
participated in round robin testing to evaluate the ANSI/CTA-2037-C 
standard while it was under development. The round robin testing 
demonstrated that power consumption and luminance measurements are 
reproducible within 5 percent between test labs. DOE's testing also 
demonstrated that luminance and power consumption measurement are 
repeatable to within a coefficient of variation (``COV'') of 3 percent. 
Based on these test results that were presented in the round robin test 
report, DOE has tentatively determined that ANSI/CTA-2037-C produces 
measures of energy consumption that are representative of current TV 
use, and produces results that are repeatable and reproducible.
    DOE is also aware that the CTA working group is currently reviewing 
ANSI/CTA-2037-C to determine if any revisions are necessary. DOE 
understands that should the working group make any changes to ANSI/CTA-
2037-C, CTA would publish a revised standard, potentially numbered as 
CTA-2037-D. DOE is participating in the working group meetings to 
review and revise ANSI/CTA-2037-C. While this NOPR proposes to 
reference the requirements from ANSI/CTA-2037-C, it also discusses the 
revisions being considered under CTA-2037-D. DOE requests comment on 
these revisions as well as any additional revisions under consideration 
in CTA-2037-D that are not discussed in this document. Should CTA-2037-
D publish prior to the publication of any DOE TVs test procedure final 
rule, DOE intends, after considering stakeholder feedback, to 
incorporate by reference CTA-2037-D provided the updates in this 
standard are consistent with the provisions DOE is proposing in the 
NOPR or the updates are related to topics that DOE has discussed and 
solicited comments in this NOPR. The subsequent sections of this NOPR 
discuss each substantive change in ANSI/CTA-2037-C that DOE proposes to 
incorporate into appendix H as well as the updates being considered in 
CTA-2037-D.
    DOE requests comment on its proposal to adopt the substantive 
provisions of ANSI/CTA-2037-C in appendix H with certain modifications.

C. Definitions

    Appendix H includes definitions for certain terms that are also 
defined in ANSI/CTA-2037-C; other terms are defined in ANSI/CTA-2037-C 
but are not currently defined in appendix H. The following paragraphs 
discuss the comments in response to the June 2016 RFI that pertain to 
definitions in appendix H, DOE's response to these comments, as well as 
DOE's proposal to reference certain definitions specified in ANSI/CTA-
2037-C.
    ``Preset picture setting'' is defined in section 2.15 of appendix H 
as ``a preprogrammed factory setting obtained from the TV menu with 
pre-determined picture parameters such as brightness, contrast, color, 
sharpness, etc. Preset picture settings can be selected within the home 
or retail mode.'' NEEA commented that the term ``preset picture 
setting'' could be confusing, since it could potentially refer to both 
preset picture settings and picture parameters (e.g., brightness, 
backlight, contrast, etc.). NEEA commented that manufacturers typically 
refer to preset picture settings as picture modes in their onscreen 
menus and recommended adopting that same terminology to improve clarity 
in the test procedure. (NEEA, No. 3 at p. 11) ANSI/CTA-2037-C includes 
a definition for ``preset picture setting'' rather than picture modes. 
DOE proposes to reference this definition, which defines the term as a 
picture setting that is selectable by a user from a set of 
manufacturer-defined picture settings. DOE has initially determined 
that the term as provided in the CTA standard reflects industry use and 
understanding of the term and proposes to adopt the term in the DOE 
test procedure through reference to ANSI/CTA-2037-C.
    The term ``prompt'' is used in section 5.5 of appendix H as 
follows: If at any time during on mode operation a message prompt is 
displayed requesting the configuration of special functions, the most 
power consumptive configuration shall be selected. LG commented that 
DOE should clarify the term ``prompt'' in the test procedure, since it 
may be interpreted that the opportunity to change a setting is the same 
as ``prompting'' the consumer to change a setting. LG suggested the 
following definition: ``Prompt means action or suggestion that 
encourages

[[Page 11898]]

users to make a particular selection.'' (LG, No. 4 at p. 5) In the 
ANSI/CTA-2037-C standard, which DOE proposes to reference to test TV 
power consumption, the word ``prompted'' is used in the definition of 
the term ``forced menu \14\'' and in Section 9.2 (Initial Steps) in the 
instruction to ``Proceed through initial set-up prompts'' after 
powering on the UUT. DOE has tentatively determined that the definition 
of ``forced menu'' provides the necessary context for the term 
``prompt'' to be understood as an action that the user must take for 
initial configuration setup. Therefore, DOE is not proposing to define 
``prompt.''
---------------------------------------------------------------------------

    \14\ In Section 5.1 of ANSI/CTA-2037-C, ``forced menu'' is 
defined as: Configuration selections required of the user when a 
Television Set is turned on for the first time that force the user 
to make set-up configuration decisions when prompted.
---------------------------------------------------------------------------

    The definitions currently specified in appendix H are either 
provided directly or through adoption of certain definitions provided 
in IEC 62087:2011. However, many of these terms are also defined in 
ANSI/CTA-2037-C. Table III.1 identifies the terms that are currently 
used in appendix H and ANSI/CTA-2037-C, the similarities and 
differences in their respective definitions, and whether DOE proposes 
to adopt each definition through reference to ANSI/CTA-2037-C.

 Table III.1--Terms Currently Used in Appendix H and ANSI/CTA-2037-C and the Similarities or Differences Between
                                                   Definitions
----------------------------------------------------------------------------------------------------------------
                                                                                           Adopt by reference to
   Terms currently in Appendix H       Terms currently in      Similarities/differences     ANSI/CTA-2037-C for
                                         ANSI/CTA-2037-C         between definitions            Appendix H?
----------------------------------------------------------------------------------------------------------------
Brightest selectable preset picture  Brightest selectable    Appendix H refers to the     Yes.
 setting.                             preset picture          brightest picture setting
                                      setting.                within either the home or
                                                              retail configuration,
                                                              whereas ANSI/CTA-2037-C
                                                              refers only to the
                                                              brightest preset picture
                                                              setting within the home
                                                              configuration. ANSI/CTA-
                                                              2037-C additionally
                                                              specifies that this is a
                                                              user-selectable preset
                                                              picture setting.
Default picture setting............  Default picture         ANSI/CTA-2037-C specifies    Yes.
                                      setting.                that this picture setting
                                                              is determined using only
                                                              the home configuration.
                                                              appendix H indicates the
                                                              default picture setting
                                                              may be decided after a
                                                              forced menu, which ANSI/
                                                              CTA-2037-C does not
                                                              mention.
Forced menu........................  Forced menu...........  Substantively the same       Yes.
                                                              definitions.
Home configuration.................  Home configuration....  Substantively the same       Yes.
                                                              definitions.
Illuminance........................  Illuminance...........  Substantively the same       Yes.
                                                              definitions.
Luminance..........................  Luminance.............  Substantively the same       Yes.
                                                              definitions.
Main battery.......................  Main battery..........  Substantively the same       Yes.
                                                              definitions.
Off mode...........................  Off mode..............  ANSI/CTA-2037-C provides a   Yes.
                                                              note that describes how
                                                              some power may still be
                                                              consumed when the UUT is
                                                              in off mode. Appendix H
                                                              does not include such a
                                                              note.
On mode............................  On mode...............  Similar definitions........  Yes.
Preset picture setting.............  Preset picture setting  Appendix H provides details  Yes.
                                                              on the specific parameters
                                                              that may be determined by
                                                              the preset picture setting.
Standby-passive mode...............  Standby-passive mode..  Similar definitions........  Yes.
Additional functions...............  ......................  Not listed in the            No.
                                                              definitions section of
                                                              ANSI/CTA-2037-C.
Auxiliary Battery..................  ......................  Not listed in the            No.
                                                              definitions section of
                                                              ANSI/CTA-2037-C.
Retail configuration...............  ......................  Not listed in the            No.
                                                              definitions section of
                                                              ANSI/CTA-2037-C, however
                                                              Section 9.2 of ANSI/CTA-
                                                              2037-C specifies that,
                                                              ``the UUT shall be
                                                              configured in home
                                                              configuration.'' No
                                                              mention of retail
                                                              configuration exists in
                                                              ANSI/CTA-2037-C.
Special functions..................  ......................  Not listed in the            No.
                                                              definitions section of
                                                              ANSI/CTA-2037-C. The term
                                                              special functions is not
                                                              used anywhere in ANSI/CTA-
                                                              2037-C.
Standby-active, high mode..........  ......................  Standby-active, high and     No.
                                                              Standby-active, low modes
                                                              have been combined into a
                                                              single Standby-active mode
                                                              definition in ANSI/CTA-
                                                              2037-C. In ANSI/CTA-2037-
                                                              C, standby-active mode
                                                              differs from Standby-
                                                              passive mode by allowing
                                                              the UUT to be switched
                                                              into another power mode
                                                              using an external signal
                                                              in standby-active mode.
Standby-active, low mode...........  ......................  See above..................  No.
(not defined)......................  Automatic brightness    This term is used            Yes.
                                      control.                frequently in ANSI/CTA-
                                                              2037-C.
(not defined)......................  Dynamic Luminance.....  This term defines the TV     Yes.
                                                              screen's luminance as
                                                              measured during the
                                                              playback of dynamic video
                                                              content.
(not defined)......................  Energy-Efficient-       This term is used in the     Yes.
                                      Ethernet.               Network connection
                                                              hierarchy in both ANSI/CTA-
                                                              2037-C and appendix H. H.
(not defined)......................  Filmmaker Mode........  This term is defined in      No.
                                                              ANSI/CTA-2037-C but is not
                                                              referenced elsewhere
                                                              within the test method.
(not defined)......................  HDR10.................  This term defines a          Yes.
                                                              specific video display
                                                              format that is used to
                                                              test the UUTs power
                                                              consumption.
(not defined)......................  High-definition         This term defines a video    No.
                                      multimedia interface    input terminal for TVs. It
                                      (``HDMI[supreg]'').     is defined at 10 CFR
                                                              430.2; therefore, it does
                                                              not need to be defined in
                                                              appendix H.
(not defined)......................  High Dynamic Range      This term more broadly       Yes.
                                      (``HDR'').              defines the video format
                                                              category that HDR10
                                                              belongs to.
(not defined)......................  Hybrid Log Gamma        This term defines a type of  Yes.
                                      (``HLG'').              HDR video and is used when
                                                              describing the test
                                                              signals used during
                                                              testing.
(not defined)......................  International System    This is defined as ``The     No.
                                      of Units.               modern form of the metric
                                                              system''. This term does
                                                              not need to be defined in
                                                              appendix H since it is a
                                                              generally understood term.
(not defined)......................  Motion-Based Dynamic    This term defines a          Yes.
                                      Dimming (``MDD'').      television feature that
                                                              adjusts luminance in
                                                              response to motion being
                                                              displayed and is disabled
                                                              during TV testing.
(not defined)......................  Neutral density         This term is used to define  Yes
                                      (``ND'') filter.        the filter that is used to
                                                              accomplish the 3 lux
                                                              luminance requirement for
                                                              on mode testing.
(not defined)......................  Partial on mode.......  This term defines the        Yes.
                                                              standby sub-modes.
(not defined)......................  Perceptual              This term defines a          No.
                                      Quantization Video.     specific video utilized by
                                                              HDR. It is not referenced
                                                              elsewhere in ANSI/CTA-2037-
                                                              C.

[[Page 11899]]

 
(not defined)......................  Power Modes...........  This term identifies all     No.
                                                              the various power modes:
                                                              Off mode, on mode, partial
                                                              on mode, which includes
                                                              standby-passive and
                                                              standby-active). The
                                                              generic term power mode is
                                                              not referenced elsewhere
                                                              in ANSI/CTA-2037-C.
(not defined)......................  Quick start...........  This term defines quick      Yes.
                                                              start functionality, which
                                                              is a special function that
                                                              impacts the time it takes
                                                              for a TV to transition to
                                                              on mode from partial on
                                                              mode.
(not defined)......................  Snoot.................  This term defines an object  Yes.
                                                              used to prevent the ABC
                                                              lamp light from reflecting
                                                              off the UUT and
                                                              interfering with the
                                                              dynamic luminance data
                                                              collection. It is not a
                                                              required tool but may be
                                                              needed for testing in
                                                              specific instances.
(not defined)......................  Stand.................  This term defines the        No.
                                                              device used to hold the
                                                              UUT upright. This term is
                                                              not included in the TV
                                                              test procedure since it is
                                                              a generally understood
                                                              term.
(not defined)......................  Standby-Active Mode...  This term defines a power    Yes.
                                                              mode where the UUT does
                                                              not provide picture or
                                                              sound but can be switched
                                                              into another power mode
                                                              with the remote control,
                                                              an internal signal, or an
                                                              external signal. The
                                                              external signal is what
                                                              differentiates standby-
                                                              active mode from standby-
                                                              passive mode.
(not defined)......................  Standby-Passive Mode..  This term defines a power    Yes.
                                                              mode where the UUT does
                                                              not provide picture or
                                                              sound but can be switched
                                                              into another power mode
                                                              with the remote control or
                                                              an internal signal but not
                                                              an external signal.
(not defined)......................  Television set........  This term is defined at 10   No.
                                                              CFR 430.2; therefore, it
                                                              does not need to be
                                                              defined in appendix H.
(not defined)......................  Wake-By-Remote-Control- This term defines the        Yes.
                                      App.                    ability to wake a UUT
                                                              using a network-connected
                                                              device and is used during
                                                              standby mode testing.
(not defined)......................  Wake-By-Smart-Speaker.  This term defines the        Yes.
                                                              ability to wake a UUT
                                                              using a voice command via
                                                              smart speaker and is used
                                                              during standby mode
                                                              testing.
(not defined)......................  Wake-On-Cast..........  This term defines the        Yes.
                                                              ability to wake a UUT by
                                                              streaming a video from a
                                                              mobile device to the UUT
                                                              and is used during standby
                                                              mode testing.
----------------------------------------------------------------------------------------------------------------

    While some of the defined terms in ANSI/CTA-2037-C have minor 
differences compared to the current definitions in appendix H, DOE has 
initially determined that these differences are not substantive and 
would not change the meaning of the defined terms or impact testing 
according to the proposed test procedure compared to the current test 
procedure. Accordingly, to harmonize with the current industry 
standard, DOE proposes to reference Section 5.1 of ANSI/CTA-2037-C for 
the definitions of the terms used in the TV test procedure. DOE also 
proposes to reference Section 5.2 of ANSI/CTA-2037-C to include the 
relevant abbreviations that are used in the TV test procedure. Further, 
for the terms that are currently defined in appendix H but a definition 
does not exist in ANSI/CTA-2037-C (e.g., additional functions, 
auxiliary battery, retail configuration, special functions, standby-
active, high mode, and standby-active, low mode) DOE proposes to remove 
these terms from appendix H because they are not referenced in ANSI/
CTA-2037-C nor used anywhere in the proposed test procedure.
    Finally, DOE notes that the CTA working group is considering 
revising definitions for power modes (i.e., on mode, partial on mode, 
etc.). In particular, the working group is considering deleting the 
definitions for off, standby-active, and standby-passive modes and 
updating the definition of partial on mode to specify that it is a mode 
in which the TV is connected to an external power source, does not 
provide picture or sound, and can be switched into another mode with a 
remote control. The definition under consideration for partial on mode 
in CTA-2037-D aligns, in part, with the current definitions specified 
in ANSI/CTA-2037-C for standby-passive and standby-active modes, which 
are sub-modes of partial on mode. In general, the CTA working group 
intends to update all references to standby mode as partial on mode. 
The working group also does not intend to differentiate between 
standby-active and standby-passive modes in CTA-2037-D, but the 
standard would require that the partial on mode power consumption be 
captured under one of three parameters depending on the type of 
functionality that is supported during the partial on mode test (as 
discussed further in section III.G.3 of this document). DOE notes that 
although the CTA working group is considering using the term `partial 
on mode' throughout CTA-2037-D, DOE would refer to this mode as 
`standby mode', if CTA-2037-D were to be finalized with `partial on 
mode' as the defined term. DOE may consider additional definitions for 
sub-modes within standby mode, if necessary. These would include 
definitions for terms such as standby-passive and standby-active, which 
DOE is proposing to reference from ANSI/CTA-2037-C in this document.
    DOE requests comment on defining the identified terms in appendix H 
through reference to ANSI/CTA-2037-C.
    DOE also requests comment on whether it should consider the 
revisions to the power mode definitions that are under consideration by 
the CTA working group for CTA-2037-D.

D. Test Equipment

1. Power Supply
    Sections 3.1 and 3.2 of appendix H reference Section 4.3.1 of IEC 
62301 Ed. 2.0 for the voltage and frequency and power supply 
requirements for testing TVs. The requirements specify that the voltage 
and frequency for each region within North America must have a voltage 
of 115 volts (``V'') and frequency of 60 hertz (``Hz''). IEC 62301 Ed. 
2.0 additionally includes requirements for other regions around the 
world.

[[Page 11900]]

    Section 7.1.1 of ANSI/CTA-2037-C only specifies the North American-
specific requirements; however, these requirements are specified under 
the standby mode power supply requirements rather than on mode. The CTA 
working group is considering moving these requirements under the power 
supply requirements for on mode in CTA-2037-D. DOE expects that the 
same power supply is used to test on mode and standby mode power 
consumption and the specific location of where the requirement is 
specified would not alter the power supply that is used to test a TV.
    Additionally, given that DOE's test procedure is applicable to only 
those TVs that are a type which, to any significant extent, are 
distributed in commerce in the United States for personal use or 
consumption by individuals (42 U.S.C. 6291(1); 42 U.S.C. 6292(a)(12); 
42 U.S.C.), the North American-specific requirements specified in ANSI/
CTA-2037-C are sufficient for the DOE test procedure. Therefore, DOE 
proposes to reference Section 7.1.1 of ANSI/CTA-2037-C for the 
alternating current (``AC'') power supply specification.
    Section 3.2 of appendix H additionally specifies that the total 
harmonic distortion of the supply voltage must not exceed 5 percent, 
inclusive to the 13th order harmonic, when the unit is under test. 
Section 7.1.1 of ANSI/CTA-2037-C specifies that the total harmonic 
distortion must not exceed 2 percent up to and including the 13th 
harmonic.
    DOE proposes to reference the power supply requirements from ANSI/
CTA-2037-C. While the total harmonic distortion specification is more 
stringent in ANSI/CTA-2037-C, based on its internal testing and general 
agreement from manufacturers during the ANSI/CTA-2037-C development 
working group meetings, DOE has initially determined that most power 
supplies are capable of meeting this requirement; thus, DOE expects 
that most, if not all, power supplies currently used for TV testing are 
able to meet the requirements specified in ANSI/CTA-2037-C. Therefore, 
DOE does not expect the proposed reference to the power supply 
requirements would result in additional burden.
    The introductory text in Section 9 of ANSI/CTA-2037-C states that 
power shall be provided to the ABC lamp, camera photometer, and UUT 
from the specified AC power source. DOE has initially determined that 
using the same AC power source to power the UUT as well as the ABC lamp 
and camera photometer could unintentionally impact the power 
consumption measurement of the UUT due to ``noise'' from the ABC light 
source and fluctuations in power draw caused by the camera photometer 
and ABC light source. Additionally, the CTA working group is 
considering revising this requirement for CTA-2037-D to specify that 
only the UUT be powered using the power source specified in Section 
7.1.1 of the CTA-2037 standard, the camera photometer and lamp must not 
be powered by the same controlled power source, and that the camera 
photometer and lamp may be powered by mains power. Accordingly, DOE 
proposes to specify that TVs must be tested with only the UUT powered 
by the specified AC power source. The camera photometer and ABC lamp 
may be powered using standard mains electricity.
    DOE requests comment on referencing Section 7.1.1 of ANSI/CTA-2037-
C for the power supply requirements. DOE also requests comment on 
referencing the updated requirements that are under consideration for 
CTA-2037-D, which would move the voltage and frequency requirements for 
the power supply from the standby mode to on mode section within 
Section 7.1.1 of the CTA-2037 standard.
    DOE requests comment on its proposal to connect only the UUT to the 
specified AC power source during testing and to specify that the camera 
photometer and ABC lamp may be powered via mains power. DOE also 
requests feedback on whether the camera photometer and ABC lamp should 
be connected to additional specified AC power sources and the burden 
versus benefit of such an approach.
2. Power Meter
    The power meter requirements specified in section 3.3 of appendix H 
are the same as the requirements specified in Section 7.1.2 of ANSI/
CTA-2037-C, which includes the specification of a wattmeter as well as 
the allowable uncertainty in measurement. ANSI/CTA-2037-C additionally 
specifies calibration requirements for the power meter, the current 
crest factor, and the lower bound on the current range. Accordingly, 
DOE proposes to reference Section 7.1.2 of ANSI/CTA-2037-C for the 
power meter requirements because it includes the requirements currently 
specified in appendix H, and the additional requirements specified 
would ensure that the power meter remains within bounds and calibrated 
to ensure the results obtained are valid and representative. Based on 
feedback from manufacturers and test labs during the ANSI/CTA-2037-C 
working group meetings, DOE understands that the additional 
requirements would not add substantive burden in sourcing a power 
meter.
    DOE requests comment on its proposal to reference the power meter 
requirements from ANSI/CTA-2037-C. Specifically, DOE requests feedback 
on the potential burden, if any, to meet the more stringent 
requirements specified in ANSI/CTA-2037-C.
3. Luminance Meter
    Section 3.4 of appendix H specifies the accuracy requirements for a 
luminance meter, which is used to measure screen luminance in the 
default and brightest preset picture settings as well as the default 
retail picture setting. The current luminance measurement is performed 
using the static, 3-bar black-and-white image from IEC 62087:2011. This 
static black-and-white image does not result in representative 
luminance measurements because TVs are rarely used to display static 
images (i.e., the content played on TVs is almost always dynamic, or in 
motion) and pure white color is rarely displayed on a TV screen (i.e., 
most scenes displayed on a TV screen are a mix of various colors); 
therefore, measuring luminance using the black-and-white image is not 
representative of typical consumer use. DOE is therefore proposing to 
measure dynamic screen luminance (i.e., luminance of the screen when 
playing dynamic video content such as the IEC test clip) as specified 
in ANSI/CTA-2037-C to ensure that a TV's screen luminance is measured 
at the same time as its power consumption, which would provide 
consumers a direct relationship for TV brightness (i.e., luminance) as 
a function of its power consumption. DOE has initially determined that 
a dynamic screen luminance measurement would provide results that are 
more representative of real-world in comparison to the currently 
specified static black-and-white image.
    In general, a luminance meter cannot measure dynamic screen 
luminance; instead, ANSI/CTA-2037-C specifies use of a camera 
photometer to measure the dynamic luminance of the TV screen during 
each on mode test. The camera photometer captures the light from the TV 
screen while displaying video content, and the average of the light 
entering the camera photometer's sensor in each frame is translated 
into the average luminance of the TV screen. In conjunction with the 
proposal to measure dynamic screen luminance, DOE proposes to remove 
the existing luminance meter requirements specified

[[Page 11901]]

in section 3.4 of appendix H and instead reference Section 7.1.4 of 
ANSI/CTA-2037-C, which specifies the requirements for the camera 
photometer's uncertainty, resolution, sample area, and data rate.
    Additionally, the CTA working group is considering specifying an 
additional requirement in CTA-2037-D that the camera used for testing 
should be calibrated against a traceable light source that more closely 
matches the spectral power density of LED/OLED TVs than does standard 
illuminant A (e.g., D65, LED-RGB1).
    DOE requests comment on its proposal to measure dynamic screen 
luminance and to specify use of a camera photometer to measure dynamic 
screen luminance. In particular, DOE requests comment on any concerns 
with the burden associated with using a camera photometer as specified 
by ANSI/CTA-2037-C to measure screen luminance.
    DOE also requests comment on the additional calibration requirement 
under consideration for CTA-2037-D and whether DOE should include this 
requirement for its TVs test procedure.
4. Illuminance Meter
    Section 3.5 of appendix H specifies accuracy requirements for the 
illuminance meter, which is used to measure the room illuminance levels 
at the ABC sensor for tests that are conducted with ABC on. Section 
7.1.3 of ANSI/CTA-2037-C specifies the same accuracy requirements for 
an illuminance meter and additionally specifies calibration 
requirements for the illuminance meter. Additionally, ANSI/CTA-2037-C 
specifies certain requirements if the illuminance meter is neither a 
spectroradiometer nor calibrated against an illuminant replicating the 
spectral emissions of LEDs. However, the CTA working group is re-
evaluating these requirements.
    The CTA working group is considering reducing some of the 
requirements to ease test burden by clarifying that only specific 
requirements of the calibration standard must be met. These 
requirements are for the illuminance meter accuracy and relative 
spectral response. An additional requirement is also being considered 
which would require the center of the cosine receptor to be <= 40mm in 
depth.
    DOE has initially determined that the illuminance meter 
requirements specified in Section 7.1.3 of ANSI/CTA-2037-C are 
appropriate because DOE is proposing that an LED lamp be used for ABC 
testing rather than an incandescent lamp as specified currently in 
appendix H (see section III.D.6 of this document for more detail). 
However, DOE will continue evaluating the updated language that is 
under consideration by the CTA working group. At this time DOE proposes 
to reference Section 7.1.3 of ANSI/CTA-2037-C for the illuminance meter 
requirements.
    DOE requests comment on its proposal to reference the illuminance 
meter requirements, including the calibration requirements, from ANSI/
CTA-2037-C.
    DOE also requests comment on the updated illuminance meter 
requirements under consideration for CTA-2037-D, whether DOE should 
consider referencing the updated requirements when finalized, and the 
reason(s) for doing so.
5. Video Input Device
    Section 3.6 of appendix H contains video input device requirements 
that specify the use of a Blu-ray player and requires that the video 
input device manufacturer be different from the manufacturer of the 
UUT. ANSI/CTA-2037-C specifies the use of a USB flash drive \15\ to 
play the IEC test clips. Specifically, Sections 7.1.5 through 7.1.7 of 
ANSI/CTA-2037-C specify the use of a USB 3.0 flash drive that stores 
the test clips for playback and a separate media player that contains a 
USB port to send media to the UUT via an HDMI cable. ANSI/CTA-2037-C 
specifies that the media player must have a video setting that does not 
perform any video processing (e.g., noise reduction, upscaling, or 
adjustment of color, hue, contrast, or brightness). ANSI/CTA-2037-C 
does not include the requirement that the manufacturers for the media 
player and UUT must be different.
---------------------------------------------------------------------------

    \15\ ANSI/CTA-2037-C refers to a USB flash drive as a ``USB 
thumb drive'' and a ``USB stick.''
---------------------------------------------------------------------------

    ANSI/CTA-2037-C additionally requires that all media must be stored 
and played from a FAT32 or ExFAT \16\-formatted USB flash drive via the 
USB port in the media player. ANSI/CTA-2037-C requires that the test 
clips stored on the USB flash drive are played via a USB port on a 
media player instead of the designated USB port on a UUT. During ANSI/
CTA-2037-C working group meetings, stakeholders noted that some TVs may 
alter the default picture setting if the media is played using the USB 
port on the TV rather than a media player connected via HDMI. By 
storing the media on a USB flash drive and playing through a media 
player, any video processing from the UUT would be avoided.
---------------------------------------------------------------------------

    \16\ FAT32 and ExFAT refer to file allocation formatting systems 
for storage devices such as USB flash drives. FAT32 means 32-bit 
version of FAT file allocation table system. exFAT means extensible 
file allocation table.
---------------------------------------------------------------------------

    DOE proposes to reference the video media player requirements from 
ANSI/CTA-2037-C. DOE has conducted testing using both the Blu-ray Disc 
played via a Blu-ray player and the USB flash drive played via a Blu-
ray player. DOE has not found any difference in playing the content via 
a USB flash drive connected to the Blu-ray player versus a Blu-ray Disc 
played via the Blu-ray player with video processing turned off on the 
Blu-ray player. DOE proposes to align with the ANSI/CTA-2037-C 
requirements.
    As described, section 3.6 of appendix H specifies that the Blu-ray 
player manufacturer shall be different from the manufacturer of the UUT 
to prevent device interaction. ANSI/CTA-2037-C does not include this 
requirement. DOE requests comment on whether it should maintain the 
current requirement that the UUT and media player are from different 
manufacturers.
    DOE requests comment on its proposal to reference the media player 
and USB flash drive requirements from ANSI/CTA-2037-C. DOE also 
requests comment on whether DOE should maintain the current requirement 
that the media player and UUT must not be from the same manufacturer.
6. Light Source for ABC Testing
    For conducting tests for TVs with ABC enabled by default, appendix 
H requires the use of a lamp to alter the amount of light that is 
directed to the ABC sensor of the TV. Section 7.1.3.3 of appendix H 
specifies that the ABC lamp must be a standard spectrum, halogen 
incandescent aluminized reflector lamp and also includes specifications 
for the lamp diameter, beam angle, and center beam candlepower. Such a 
light source is used in conjunction with a variable transformer to 
control the brightness of the lamp, which in turn controls the 
illuminance at the ABC sensor. This setup measures TV power consumption 
at different room ambient conditions, reflective of use wherein 
sometimes TVs are used in a bright room (e.g., during the day) while 
other times they would be used in a dark room (e.g., at night or with 
room lights turned off).
    Section 7.1.9 of ANSI/CTA-2037-C specifies the ABC light source 
requirements, namely that an LED reflector lamp with dimmer switch must 
be used to provide the specified room illuminance levels. The industry 
test standard specifies an LED rather than incandescent lamp in 
response to the growing market for in-home LED lighting. Section 7.1.9 
of ANSI/CTA-2037-C additionally specifies the

[[Page 11902]]

diameter, rated beam angle, correlated color temperature, and color 
rendering index of the lamp. Further, it specifies a 1-percent 
allowable tolerance in illuminance measurement and the use of a neutral 
density (``ND'') filter to reach illuminance levels less than 10 lux, 
which are consistent with the current requirements in appendix H. DOE 
has conducted testing using such an LED lamp and did not find any 
substantive differences in the test conduct compared to using an 
incandescent lamp. DOE proposes to reference Section 7.1.9 of ANSI/CTA-
2037-C for the ABC light source requirements.
    DOE requests comment on its proposal to reference Section 7.1.9 of 
ANSI/CTA-2037-C for the light source required for conducting tests with 
ABC enabled.

E. Test Room Setup

1. Room Ambient Conditions
    Sections 4.1 and 4.2 of appendix H specify the ambient temperature 
and relative humidity conditions of the test room, respectively. The 
temperature conditions reference Section 11.4.1 of IEC 62087:2011, 
which specifies a requirement of 23 degrees Celsius (``[deg]C'') <plus-
minus>5 [deg]C. Section 4.2 of appendix H specifies that the ambient 
relative humidity must be maintained between 10 percent and 80 percent. 
Section 7.3 of ANSI/CTA-2037-C specifies the same ambient test room and 
relative humidity requirements. DOE proposes to reference these 
requirements from ANSI/CTA-2037-C.
    DOE requests comment on whether the specified ambient temperature 
and humidity requirements are adequate or whether the temperature and 
relative humidity specifications should include additional 
specification regarding the precision and/or accuracy of the 
instruments used to verify that the required ambient conditions are 
maintained.
2. Room Illuminance Level
    Section 4.3 of appendix H specifies that all luminance and on mode 
testing must be performed in a room with an illuminance level less than 
or equal to 1.0 lux measured at the UUT's ABC sensor while the TV is in 
off mode or standby mode. Section 7.4 of ANSI/CTA-2037-C specifies the 
same requirement but includes an additional requirement regarding the 
positioning of the illuminance meter used for this measurement (i.e., 
the illuminance meter must be positioned at the ABC sensor in the same 
manner as it would be positioned during luminance and power measurement 
tests). As this requirement is generally the same between appendix H 
and ANSI/CTA-2037-C, but with additional specificity regarding meter 
placement, which would further ensure repeatability and reproducibility 
of the test results, DOE proposes to reference Section 7.4 of ANSI/CTA-
2037-C for the room illuminance level.
    DOE requests comment on its proposal to reference Section 7.4 of 
ANSI/CTA-2037-C for the room illuminance level and requirement to 
position the illuminance meter in the same manner as it would be 
positioned during luminance and power measurement tests.
3. UUT Installation and Placement
    Section 4.4 of appendix H specifies that the UUT must be installed 
in accordance with manufacturer's instructions. Additionally, section 
4.5 of appendix H includes requirements for TV placement, which 
specifies that TVs tested with ABC enabled must be placed at least 0.5 
meters away from any wall surface and that all four corners of the face 
of the TV must be placed equidistant from a vertical reference plane.
    DOE notes that many manufacturers provide instructions for multiple 
installation configurations for the TV, such as stand mounted and wall 
mounted, and do not specify a single method as a recommended or 
preferred approach.
    Section 8 of ANSI/CTA-2037-C specifies the installation and setup 
requirements for the UUT as well as all other test equipment relative 
to the placement of the TV. Specifically, ANSI/CTA-2037-C Sections 8.2. 
8.2.2, and 8.2.3 provide instructions on installing a UUT for testing, 
including a preference for installing a TV using a stand mount if 
possible; if not, using a wall mount; and if the UUT is neither stand-
mounted nor wall-mounted (e.g., permanently mounted in a wheeled 
furniture stand), special case installation instructions are specified 
in which the UUT assembly (including whatever support mechanisms or 
furniture that are part of the UUT) are positioned on a floor. Section 
8.2.4 specifies requirements for positioning the ABC sensor relative to 
the UUT for cases where the UUT has an ABC sensor that is not 
permanently mounted on the display (e.g., in an external enclosure or 
sound bar).
    Additionally, ANSI/CTA-2037-C describes the requirements for the 
placement of the LED lamp, camera photometer, and illuminance meter 
relative to the UUT. Currently, when testing according to appendix H, 
the incandescent lamp used for ABC testing is pointed directly at the 
ABC sensor and placed 1.5 meters from the center of the ABC sensor, as 
specified in section 7.1.3.4 of appendix H. ANSI/CTA-2037-C specifies 
placing the LED lamp at a 45[deg] angle pointed at the ABC sensor and 
also specifies requirements to ensure that light is not reflected off 
the TV screen. DOE tentatively finds that positioning the lamp at an 
angle rather than directly in front of the sensor would be more 
representative of real world conditions, as lighting is generally not 
placed such that a lamp shines directly towards the ABC sensor; 
instead, any light reaching the sensor is generally directed at the TV 
screen at an angle, either from overhead lighting or floor lamps. DOE 
has conducted testing with the LED lamp placed at a 45[deg] angle and 
has tentatively determined that this setup is achievable and provides 
results that are repeatable. Subsequent to when DOE performed its 
investigative testing, the ANSI/CTA-2037-C test procedure was further 
revised to include more detailed setup instructions, including 
specifying a lamp angle tolerance of 2[deg] and providing additional 
instructions in order to position the lamp angle precisely. DOE is 
proposing to adapt the requirements specified in ANSI/CTA-2037-C 
regarding lamp setup.
    Further, Section 8.1.2 of ANSI/CTA-2037-C details the orientation 
and placement of the illuminance meter. Section 7.1.3.5 of appendix H 
provides general instruction for the illuminance meter placement, 
stating that the meter must be positioned at the ABC sensor in the 
direction of the light source. ANSI/CTA-2037-C specifies that the 
illuminance meter must be oriented at an angle of 45[deg] to be aimed 
directly at the light source, which is also oriented at 45[deg] 
relative to, and pointing towards, the ABC sensor. ANSI/CTA-2037-C also 
requires a firm stationary mount for the illuminance meter to allow for 
consistent measurement of the illuminance. The requirements in Section 
8.1.2 of ANSI/CTA-2037-C are similar to the requirements in section 
7.1.3.5 of appendix H, but include additional direction on mounting the 
illuminance meter and the specific orientation of the light reception 
dome. DOE proposes to reference these additional requirements for the 
illuminance meter setup within revised Section 3 (Test Setup) of 
appendix H.
    Section 8.2.5 of ANSI/CTA-2037-C specifies detailed instructions 
for the placement and setup of the camera photometer, which is used for 
dynamic luminance measurement. The placement of the camera photometer 
is

[[Page 11903]]

dependent on the size of the UUT. The distance between the camera 
photometer and the TV is proportional to the width of the TV, and the 
height of the camera photometer is always in the center of the height 
of the TV. The orientation is 0[deg] with respect to the TV screen, 
with a 5[deg] tolerance. Section 8.2.5 of ANSI/CTA-2037-C also provides 
instructions for how to prevent the moir[eacute] effect \17\ by 
defocusing the camera photometer appropriately. DOE proposes to 
reference the ANSI/CTA-2037-C requirements for the placement and setup 
of the camera photometer. DOE has conducted testing using this setup 
and has tentatively found this setup provides for a measurement of 
screen luminance in a repeatable manner.
---------------------------------------------------------------------------

    \17\ The moir[eacute] effect refers to a visual perception that 
occurs when viewing the dots of the LEDs in the UUT superimposed on 
the pixels captured from the camera photometer. The overlapped 
patterns can cause a glare in the recorded image, which can impact 
results if not corrected for.
---------------------------------------------------------------------------

    Finally, Sections 7.1.10 and 8.2.1 of ANSI/CTA-2037-C also include 
additional requirements regarding the table surface on which the UUT is 
placed for testing. This includes the specifications for covering the 
table with black, non-reflective cloth and placing a reflective card 
directly underneath the ABC sensor of the UUT. The reflective card is 
used to better redirect light from the ABC lamp into the ABC sensor, 
given the 45[deg] angle of the ABC lamp. DOE proposes to reference 
these requirements in the test room setup section of appendix H. While 
DOE proposes to reference these requirements, DOE is aware that the CTA 
working group is considering amending this requirement to specify that 
a `minimally reflective cloth' (such as, black felt) rather than a 
`non-reflective cloth' be used for testing. Accordingly, DOE requests 
feedback on whether it is appropriate to refer to the cloth as ``non-
reflective'' or if it should use the term ``minimally reflective'' 
instead, since no material is truly non-reflective.
    DOE requests comment on its proposal to reference all the 
requirements specified in Section 8 of ANSI/CTA-2037-C for the test 
room setup. These include the setup of the UUT, illuminance meter, 
camera photometer, table surface, and reflective card.
    DOE also requests comment on whether it is appropriate to specify 
that the table surface must be covered with black, non-reflective cloth 
or whether DOE should specify a ``minimally reflective'' cloth instead.

F. Test Configuration

1. Configuration of Special Functions
    Section 5 of appendix H specifies configuration requirements for 
various TV functions such as: Additional functions and special 
functions; the setup of the TV when presented with forced menu prompts; 
a connection priority to be used for connecting the TV to the video 
input device; the selection of the preset picture setting for on mode 
tests; video aspect ratio; frame rate; sound level; and network 
connection configuration. For many of these requirements, appendix H 
references the requirements specified in relevant sections of IEC 
62087:2011. The requirements specified in appendix H are also 
consistent with earlier versions of the ANSI/CTA-2037 standard.
    As TV technology has evolved, the configuration requirements 
currently specified in appendix H may not be as representative of 
current TV use. Additionally, as noted in the June 2016 RFI, special 
functions such as MDD often trigger a more significant decrease in 
power consumption when testing with the IEC test clip compared to other 
real-world media content. In the June 2016 RFI, DOE requested comment 
on how frequently users operate a TV in the default setting, the use of 
MDD in specific preset picture settings, as well as the setup from 
forced menu prompts. 81 FR 41278-41279. In response, DOE received the 
following stakeholder comments.
    Samsung commented that MDD is enabled by default and remains ``on'' 
in the default picture setting. Samsung stated that MDD is not enabled 
by default in the other user-selectable preset picture settings, but 
that the user is informed that these preset picture settings do not 
have MDD enabled by default. Samsung recommended that instead of 
disabling energy-saving features such as MDD during testing, such 
features should remain in their default state, which is generally 
enabled in the default picture setting. (Samsung, No. 5 at pp. 2-3)
    NRDC commented regarding the quick start special function, 
recommending that if a TV has a quick start option and a normal resume 
time greater than 10 seconds, DOE should amend the test procedure such 
that the TV is tested with quick start turned on, even if the TV is 
shipped with this function disabled. (NRDC, No. 2 at p. 16)
    The CA IOUs commented that some TVs may have features that result 
in a measured power consumption during DOE testing that is less than 
the power consumed during real-world operation. The CA IOUs recommended 
that if MDD features are not intended to be enabled for most viewing, 
then they should not be enabled in the DOE test procedure. The CA IOUs 
recommended that DOE address these issues with an updated test 
procedure to ensure that these features are configured as they would be 
in the home. The CA IOUs further recommended that if there is ambiguity 
about how a given setting should be configured, the most power-
consumptive option should be chosen. (CA IOUs, No. 8 at pp. 3-5)
    NRDC recommended that DOE clarify in the test method how to address 
software updates, both for an update that might occur when the TV is 
initially set up and for those updates that happen at a later time. 
NRDC recommended that if a software update causes a TV's power use to 
change more than a small amount, then the TV must be retested and 
recertified. (NRDC, No. 2 at p. 17)
    ANSI/CTA-2037-C provides setup requirements for functions including 
quick start, MDD, and forced menus. Section 9.1 of ANSI/CTA-2037-C 
specifies that the UUT must operate on the latest manufacturer-supplied 
firmware and requires a factory reset to ensure the TV is configured 
with the most recent firmware update.
    Section 9.2 of ANSI/CTA-2037-C specifies instructions for the 
initial configuration of the UUT, including how to adjust according to 
initial setup and forced menu prompts that may have multiple 
configurations from which to choose. ANSI/CTA-2037-C specifies 
disabling accessibility settings intended for vision or hearing-
impaired viewers as well as choosing the configuration that does not 
include the addition of content such as applications (i.e., ``apps'') 
or TV stations. Other than these exceptions, ANSI/CTA-2037-C specifies 
that the most power-consumptive configuration must be selected, and the 
selection must be verified via a test if the most power-consumptive 
configuration is unknown.
    Section 9.7 of ANSI/CTA-2037-C requires all testing to be completed 
with MDD disabled. Further, Section 9.9 of ANSI/CTA-2037-C provides 
criteria that are used to determine whether quick start is enabled or 
disabled during testing. Specifically, quick start is enabled during 
testing if it is enabled by default or if the wake time of the TV is 
greater than or equal to 10 seconds when quick start is disabled. In 
the latter scenario, quick start is enabled to provide the shortest 
possible resume time. To determine the wake time of the TV for the 
quick start configuration, ANSI/CTA-2037-C specifies connecting the UUT 
to LAN without any other

[[Page 11904]]

devices connected, playing the SDR IEC test clip, turning off the TV 
for 20 minutes, and turning it back on such that it is configured to 
turn on to the HDMI input connection that is playing the IEC test clip. 
The time between turning on the TV to content being displayed is 
determined to be the wake time of the TV for the configuration of quick 
start function.
    DOE proposes to adopt through reference these sections of ANSI/CTA-
2037-C. DOE has tentatively determined that adopting these sections 
would address stakeholder comments, would make the DOE test procedure 
consistent with the industry standard for the configuration of these 
settings, and would ensure that the DOE test procedure is measuring 
power consumption in a representative and repeatable manner.
    While DOE is proposing to reference these requirements, DOE notes 
that the most power consumptive configuration of a special function may 
not be readily identified, as required in Section 9.2 of ANSI/CTA-2037-
C, particularly because ANSI/CTA-2037-C specifies on mode testing at 
three preset picture settings. ANSI/CTA-2037-C does not address which 
configuration should be selected if a given special function impacts 
power consumption differently when testing the different preset picture 
settings or power modes. Additionally, the CTA working group is 
considering updating this requirement to specify that the most energy 
consumptive configuration of a special function must be selected if a 
forced menu is displayed requiring the configuration of special 
functions.
    DOE believes it would be more appropriate to require special 
functions be configured in a manner that is the most energy 
consumptive, as represented by AEC, (rather than power consumptive). 
Configuring special functions in the most energy consumptive state 
would mean evaluating the AEC of the TV in a given configuration. This 
approach would be more repeatable and reproducible because the proposed 
test procedure includes multiple power consumption tests (on mode in 
the SDR default, SDR brightest, and HDR10 default preset picture 
settings, and standby mode), which makes it unclear which test's power 
consumption should be evaluated for the configuration of special 
functions. Therefore, DOE is considering updating the requirement to 
specify that for any special functions that must be configured via a 
forced menu prompt during initial setup, the most energy consumptive 
state of the special function, as represented by calculation of AEC, 
must be selected for testing.
    Alternately, if DOE were to consider retaining the configuration of 
special functions using the most power consumptive state of the special 
function, DOE would update the requirement to configure special 
functions in the state that would yield the maximum average power. This 
is because power consumption is an instantaneous measurement and the 
point at which power is measured could impact the determination of the 
most consumptive option.
    In addition to considering changing the configuration of special 
functions from the most power consumptive state to the most energy 
consumptive state, the CTA working group is also considering changing 
how the most consumptive state is determined. Currently, ANSI/CTA-2037-
C specifies that the selection of the most power consumptive state of a 
given special function that must be configured via a forced menu prompt 
must be verified by measuring the power consumption of each possible 
configuration. For CTA-2037-D, the working group is considering 
changing this requirement to specify that the option that is more 
likely to increase energy consumption be selected. That is, rather than 
verifying the power consumption measurement in each state for each 
forced menu prompted special function (which could increase test 
duration and the associated burden exponentially depending on the 
number of forced menu prompts and the number of options to select for 
each prompt), the proposal being considered by the CTA working group 
would require the configuration of special functions from forced menu 
prompts based on expected behavior of a given special function 
configuration. The intent of this provision would be to enable any 
special function that is perceived to provide additional functionality 
and to disable any special function that is perceived to remove 
functionality when prompted by a forced menu. As an example, if a UUT 
has a prompt for enabling or disabling location sharing, this special 
function is unlikely to use a significant amount of additional energy, 
but it is more likely that enabling it will result in higher energy 
consumption than disabling it, and therefore, location sharing should 
be enabled during testing, according to the language under 
consideration by the CTA working group.
    The CTA working group is also considering other alternate language 
to eliminate subjective configuration of special functions from forced 
menu prompts. In particular, the working group is considering 
specifying that if it is unknown which configuration yields the most 
energy consumptive state, then the configuration that enables more 
functionality should be selected, such as location sharing, data 
reporting, or data backup. However, if a forced menu is displayed 
requesting the configuration of features that would reduce or save 
energy, the configuration that consumes maximum energy should be 
selected; examples include: Smart viewing modes or energy saving 
functionality. The ultimate goal of such a requirement would be to 
select the configuration that consumes the most energy, and it is 
expected that, generally, enabling more functionality would consume 
more energy. The CTA working group may also consider selecting the 
option that is highlighted or pre-selected when a given forced menu 
prompt pops-up on the screen.
    In addition to the changes being considered for the configuration 
of special functions, the CTA working group is considering some other 
updates to the initial setup requirements. Specifically, the working 
group is considering specifying that the TV must be tested in the 
default settings for all functions other than those that require 
configuration when a forced menu prompt appears on the screen. Further, 
the working group is considering specifying that the tester must not 
log into any services if prompted by a forced menu during initial 
setup, unless it is required for the setup of any other functionality 
noted in the standard (e.g., smart wake functionality setup via a smart 
speaker).
    The working group also intends to clarify certain requirements for 
quick start. In particular, to measure the quick start wake time, ANSI/
CTA-2037-C specifies that the test must be conducted on LAN, without 
WAN connection. The working group intends to remove this requirement 
for CTA-2037-D, so that the quick start wake time check is conducted 
under the same settings as the rest of the test (i.e., on WAN). 
Additionally, ANSI/CTA-2037-C specifies that the wake time must be 
measured when the UUT wakes to the HDMI input. However, it does not 
state how the wake time should be measured if the UUT does not wake to 
the HDMI input. For CTA-2037-D, the working group is considering 
specifying that if the UUT does not wake to displaying video content 
from the HDMI port, then the wake time measurement period would end as 
soon as an HDMI input port can be selected to play content. The intent 
of this requirement is that the wake time is measured up until the

[[Page 11905]]

point that a user can make a selection on the TV and this time period 
would determine whether quick start could stay disabled during the test 
(i.e., if the wake time is less than 10 seconds) or if it should be 
enabled.
    DOE requests comment on whether it should consider requiring that 
if a forced menu is displayed requesting the configuration of specific 
features, then the most energy-consumptive configuration, as 
represented by AEC, must be selected (rather than the most power 
consumptive configuration). Additionally, if stakeholders support the 
use of the most power consumptive configuration, DOE requests comment 
on whether it should specify that the power consumption measurement is 
averaged over the duration of the test.
    DOE additionally requests comment on any approaches that are under 
consideration for CTA-2037-D by the CTA working group for the initial 
setup of the TV, the configuration of forced menu options, or the 
requirements for the quick start wake time measurement test.
2. Media Player Setup and Connection
    Section 9.3 of ANSI/CTA-2037-C specifies requirements for playing 
video test files using the media player. Specifically, this section 
specifies that for all UUT setup and test tasks requiring video play, 
video test files stored on a USB flash drive shall be played from the 
media player by inserting the USB flash drive into the media player, 
connecting the media player to the UUT using an HDMI cable, and 
selecting the HDMI input on the UUT associated with the media player. 
On the media player, a video setting shall be selected that performs no 
video processing (e.g., no noise reduction, no upscaling, no adjustment 
of color, hue, contrast, or brightness).
    Sections 5.2 and 5.3 of appendix H require the use of an HDMI input 
cable and the HDMI input terminal that is designed for viewing live TV 
or dynamic content from a Blu-ray Disc player or set-top-box. However, 
appendix H does not provide additional instructions regarding the 
settings that must be selected for the media player (e.g., noise 
reduction, upscaling, etc.).
    Given DOE's proposal to play the media from a USB flash drive 
rather than a Blu-ray Disc, DOE proposes to incorporate by reference 
Section 9.3 of ANSI/CTA-2037-C for the media player setup and 
connection.
3. Test Clips
    Appendix H currently specifies use of the IEC 62087:2011 Blu-ray 
Disc dynamic broadcast-content video signal (i.e., the IEC test clip) 
for all on mode testing. Section 5.7 of appendix H requires the video 
aspect ratio of the video signal to fill the entire screen, and section 
5.8 of appendix H requires the frame rate and resolution of the video 
signal to match the highest available format signal capable of the UUT. 
In the June 2016 RFI, DOE requested comments on several topics related 
to the IEC test clip, including the representativeness of the test clip 
and alternate test clips that DOE could consider for testing TVs. 81 FR 
41277.
    NRDC recommended that DOE continue to use the current IEC test clip 
in the near-term, but that DOE develop new content in the long term. 
(NRDC, No. 2 at p. 8) NRDC recommended that in the long term, the test 
clip should not have excessive frequency of scene cuts or abnormally 
short scenes. (NRDC, No. 2 at p. 8) NRDC further recommended that in 
the long-term, DOE create multiple versions of the test clip for 
verification purposes in order to reduce the potential for 
circumvention, and that the clips used during such verification testing 
could be changed periodically and designed to deliver similar results. 
(NRDC, No. 2 at p. 17) NRDC also suggested that the test clip be 
formatted in HD, UHD, and UHD + HDR in the long term. (NRDC, No. 2 at 
p. 8)
    NEEA recommended that the test clip be updated to be more 
representative of popular content such as news, sports, situation 
comedies, dramas, commercials, YouTube, internet browsing, and 
scrolling through still photographs. (NEEA, No. 3 at p. 5) NEEA further 
commented that modern UHD smart TVs can draw 40-100 watts of power when 
displaying a fully black image or no image at all. NEEA recommended an 
updated test clip with a portion that is fully or almost entirely 
black, in order to determine how a TV's power use scales with its 
illumination. NEEA commented that this would be representative of 
scenarios when music is played without accompanying video content, an 
input signal is not applied, or a dark scene is left paused for 
extended period of time. NEEA also recommended adding to the updated 
test clip a scene where small amounts of white text move against a 
fully black background, as in the credit sequences at the end of 
movies. NEEA asserted that this would be a useful test to determine 
power scaling capability, stating that most non-emissive display TVs 
would draw a significant amount of power to display properly, while 
emissive displays would not. (NEEA, No. 3 at p. 5) NEEA also 
recommended that the test clip be formatted in native resolutions of 
4K, HD, and SD, so that the TV displays the content at its native 
resolution. (NEEA, No. 3 at p. 5) NEEA recommended that HDR content be 
included in future test clip development. NEEA noted that HDR content 
increases power use in TVs, and energy-saving features are often 
disabled or negated when TVs detect HDR content. NEEA asserted that any 
test clip without HDR encoding will under-represent real-world TV 
energy consumption as HDR content becomes more common. (NEEA, No. 3 at 
p. 7-8)
    The CA IOUs recommended including testing clips referenced in the 
June 2016 RFI (see 81 FR 41262, 41263-41264 for a description of the 
test clips) in the updated test procedure, stating they may be more 
representative of real-world content than the IEC test clip. The CA 
IOUs also recommended using multiple test clips and requiring that the 
power measurement for each clip be within a certain range or tolerance, 
in order to reduce the ability of a TV to recognize a specific test 
clip. (CA IOUs, No. 8 at p. 5) The CA IOUs also recommended that the 
test clip be updated to native UHD- and HDR-enabled content. (CA IOUs, 
No. 8 at p. 5)
    LG commented that viewers watch a variety of content, and that 
different content presents very different images. LG recommended using 
a test clip composed of a wide variety of genres in order to reflect 
the variety of content available to consumers. (LG, No. 4 at p. 2)
    ASAP and NEEP recommended that the test clip be updated to include 
4K + HDR content. (ASAP and NEEP, No. 6 at p. 1)
    CTA recommended that the test clip include material consistent with 
4K UHD, HDR, and other new TV features. However, CTA also commented 
that it would take time and resources to include HDR content in a test 
clip, especially since the technology is fairly new. CTA recommended 
allowing HDR technology to mature before including it in a test clip. 
(CTA, No. 7 at p. 6)
    As discussed, EPCA requires that any test procedure prescribed or 
amended must be reasonably designed to produce test results which 
measure energy efficiency or energy use 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)) Since publication of the June 2016 RFI, 
stakeholders have collaborated during both IEC and CTA working groups 
to identify an appropriate test clip for TV testing. As a result of 
these meetings, the SDR IEC test clip continues to be used for testing

[[Page 11906]]

the SDR preset picture settings. Additionally, an adapted HDR10 test 
clip (referred to as the ``HDR10 IEC test clip'' elsewhere in this 
document), has been initially developed by the Collaborative Labeling 
and Appliance Standards Program (``CLASP''),\18\ for testing HDR10 
preset picture settings. Members of the IEC and CTA working groups have 
agreed to use this HDR10 test clip for testing HDR10 preset picture 
settings in the respective industry standards. DOE has participated in 
these industry consensus standards development efforts and provided 
input on the test clip development efforts as needed.
---------------------------------------------------------------------------

    \18\ Available at: shop.cta.tech/collections/standards/products/
determination-of-television-set-power-consumption-ansi-cta-2037-c.
---------------------------------------------------------------------------

    ANSI/CTA-2037-C specifies use of the SDR IEC test clip for SDR 
preset picture settings and the HDR10 IEC test clip for HDR10 preset 
picture settings, while providing similar direction as appendix H for 
the aspect ratio, resolution, and frame rate of the video signal. 
Additionally, as mentioned in previous sections, ANSI/CTA-2037-C 
specifies that the test clips be played via a USB flash drive rather 
than a Blu-ray Disc. Currently, the IEC test clips are available for 
download on CTA's website at: shop.cta.tech/collections/standards/
products/determination-of-television-set-power-consumption-ansi-cta-
2037-c. Should IEC make any changes regarding access and availability 
of these test clips prior to the publication of the final rule, DOE 
would update the reference in appendix H accordingly.
    DOE proposes to reference Sections 7.2 and 9.5 of ANSI/CTA-2037-C 
for the test clip provisions. Section 7.2 of ANSI/CTA-2037-C specifies 
the video files that should be used for determination of on mode power 
consumption and states that the file with the highest resolution 
supported by the UUT shall be used. Four test clips are specified in 
ANSI/CTA-2037-C, two of which are used for SDR preset picture settings 
and two of which are used for HDR10 preset picture settings. Section 
9.5 of ANSI/CTA-2037-C additionally specifies that the aspect ratio of 
the video content must fill the entire screen without being cropped to 
ensure all TV pixels are activated during testing.
    DOE requests comment on its proposal to reference the SDR and HDR10 
IEC test clips specified in ANSI/CTA-2037-C for testing TVs in the 
default, brightest, and HDR10 preset picture settings.
4. Preset Picture Settings for On Mode Tests
    Appendix H requires on mode testing only in the default preset 
picture setting. In the June 2016 RFI, DOE requested comment on whether 
it should consider measuring on mode power consumption in picture 
settings other than the default picture settings, and which picture 
settings DOE should consider. 81 FR 41279. In response, DOE received 
the following comments.
    Samsung commented that using default settings is appropriate and 
best represents actual use. Samsung also commented that according to an 
internal study, approximately 60 percent of consumers stay within the 
default viewing settings through the lifetime of their TVs. (Samsung, 
No. 5 at p. 2)
    LG recommended against testing picture settings other than the 
default settings. LG stated that testing in other modes could involve 
choosing between large numbers of possible combinations, which could be 
unnecessarily burdensome. (LG, No. 4 at pp. 3-4) LG noted that when 
viewers change picture settings on an LG TV, other settings will change 
automatically, since certain settings are incompatible for an optimized 
experience. LG further commented that many such combinations of 
settings might not be representative of expected use. (LG, No. 4 at pp. 
4-6) LG commented that it is not aware of any academic or detailed 
studies focusing on changes in default modes for TVs but cited several 
studies that concluded that consumers typically do not deviate from the 
default settings. (LG, No. 4 at p. 4) LG further emphasized that some 
consumers prefer viewing a screen that other consumers would consider 
too bright or too vivid. LG stated that, while it sets the default 
picture settings to provide the picture that it believes most viewers 
want most of the time, viewers can also alter the settings to select 
the picture they prefer. (LG, No. 10 at pp. 1-2) LG asserted that most 
people do not change the default settings. (LG, No. 10 at pp. 3-4) 
Regarding testing in two modes as suggested by other commenters 
(discussed in the following paragraphs), LG asserted that such an 
approach would not be allowed under EPCA because there is no evidence 
that the most power consumptive state represents an average use cycle. 
(LG, No. 10 at p. 4)
    CTA commented that most consumers do not change the default picture 
mode and recommended that TVs be tested in their default mode. (CTA, 
No. 7 at p. 6)
    NRDC commented that energy-saving features on some TVs are 
automatically disabled, without warning to the user, whenever the 
default picture settings are changed. (NRDC, No. 2 at p. 1) NRDC 
suggested requiring two tests: The first test would be performed with 
default settings, provided that the user is not encouraged to disable 
the energy-savings features via on-screen messages; the second test 
would be performed with the TV in its most energy-consumptive state, 
with energy-saving features disabled. NRDC commented that the measured 
power from each mode could then be aggregated using a weighted metric. 
(NRDC, No. 2 at pp. 12-13, 17)
    NEEA recommended that a TV's reported energy consumption should 
combine a weighted aggregate of its measured power in default mode with 
the measured power in the most energy-consumptive mode. NEEA 
recommended determining the ``maximum'' power draw by measuring power 
after identifying the brightest preset picture setting through 
luminance testing. (NEEA, No. 3 at p. 12) NEEA recommended that power 
be measured in multiple preset picture modes and averaged in a weighted 
fashion. (NEEA, No. 3 at p. 11) NEEA further recommended that DOE 
collect survey data to determine how heavily to weight energy 
consumption in the default mode versus other modes in which TVs may be 
operating. (NEEA, No. 3 at p. 11) NEEA also cited research performed by 
3M in 2011, which showed that 47 percent of consumers using HDMI or 
streamed sources intentionally changed the settings on their TVs to 
make them brighter. NEEA asserted that the result is that at least half 
of all TVs in the United States could be in more power consumptive 
modes than the default picture setting. (NEEA, No. 3 at pp. 10-11)
    CA IOUs commented that a market research study conducted in July 
2011 by CBS Vision found that 46 percent of the respondents changed the 
picture settings on their newest TV since it was purchased. CA IOUs 
recommended that the test procedure require that on mode power be 
measured in preset picture settings other than the default picture 
setting. CA IOUs further recommended that the test procedure be amended 
to allow any preset picture setting to be measured using the test 
procedure. (CA IOUs, No. 8 at pp. 3-4) CA IOUs recommended that the 
reporting for TVs with ABC enabled by default be modified so that the 
on mode power measurements recorded for the ABC test are reported along 
with the on mode power with ABC disabled. CA IOUs also recommended 
testing each TV in both its default state and its most energy-

[[Page 11907]]

consumptive mode. (CA IOUs, No. 8 at pp. 3-5)
    ASAP and NEEP recommended that the test procedure be updated to 
account for any energy-saving features that are automatically disabled 
whenever the user makes any change to default settings. (ASAP and NEEP, 
No. 6 at p. 1)
    ANSI/CTA-2037-C requires on mode testing using three preset picture 
settings, based on the functionality of the TV. ANSI/CTA-2037-C 
requires all TVs to be tested in the default SDR, brightest SDR, and 
the default HDR10 preset picture settings. These preset picture 
settings are determined in Sections 9.6 and 9.8 of ANSI/CTA-2037-C. 
Specifically, Section 9.6 of ANSI/CTA-2037-C requires the tester to 
play the SDR IEC test clip to identify the SDR default preset picture 
setting and the HDR10 IEC test clip to identify the HDR10 default 
preset picture setting. If ABC is enabled by default in these preset 
picture settings, the on mode test is conducted with ABC enabled. 
Section 9.8 of ANSI/CTA-2037-C instructs the tester to identify the 
brightest preset picture setting using the SDR IEC test clip, which is 
played for 5 minutes while the camera photometer collects the dynamic 
luminance of the UUT in each preset picture setting. The preset picture 
setting with the highest dynamic luminance is determined to be the 
brightest preset picture setting and is used during on mode testing. 
Section 9.8 of ANSI/CTA-2037-C also includes details such as how to 
determine the brightest preset picture setting if the dynamic luminance 
of the considered settings are very similar and specifies certain 
preset picture settings that are specifically excluded, such as ``PC'' 
or ``Game.'' Additionally, for CTA-2037-D, the CTA working group is 
considering explicitly stating that the brightest preset picture 
setting must be identified with ABC disabled.
    DOE has tentatively determined the methodology specified in ANSI/
CTA-2037-C addresses many of the concerns expressed in the comments 
submitted by NRDC, NEEA, the CA IOUs, and ASAP and NEEP; and that this 
methodology--by capturing a range of preset picture settings that are 
reflective of different resolutions and brightness settings that 
consumers may choose among--would produce test results that are more 
representative of average TV use than the current requirements of 
appendix H. Therefore, DOE proposes to reference Sections 9.6 and 9.8 
of ANSI/CTA-2037-C to identify the preset picture settings that must be 
selected for testing. DOE additionally proposes to specify that the 
brightest preset picture setting must be identified with ABC disabled, 
as is being considered for CTA-2037-D, because the goal of the 
brightest preset picture setting selection is to test the UUT when it 
may be operated at its most power consumptive state; this would be 
achieved when ABC is disabled.
    DOE requests comment on its proposal to reference the requirements 
in ANSI/CTA-2037-C for the selection of the preset picture settings 
that must be used for testing and additionally specifying that the 
brightest preset picture setting be identified with ABC disabled.
    DOE is aware of certain preset picture settings being introduced on 
recent TVs that are known to adapt the TV's configuration based on the 
content, usage pattern, and the environment in which the TV operates. 
These TVs use artificial intelligence technology to adapt and adjust 
these settings and such a preset picture setting is sometimes available 
in addition to Filmmaker mode (defined in section III.C of this 
document). While DOE is not proposing any requirement around such a 
preset picture setting, it requests additional information about such 
preset picture settings and whether DOE should consider excluding such 
preset picture settings when selecting the default SDR, brightest SDR, 
and default HDR10 preset picture settings that are required for testing 
on mode power consumption.
    DOE requests information on preset picture settings that can adapt 
the TV's configuration based on content, usage pattern, environment, 
etc. DOE also requests comment on whether such preset picture settings 
should be excluded from testing, even if they are one of the default 
SDR, brightest SDR, or default HDR10 preset picture settings. If 
stakeholders support excluding such a preset picture setting from 
testing, DOE requests comment on which preset picture setting(s) should 
be used for testing instead, particularly if the intelligent preset 
picture setting is a default SDR or default HDR10 preset picture 
setting.
5. Sound Level
    Section 5.9 of appendix H specifies that the TV sound level shall 
be configured in accordance with Section 11.4.11 of IEC 62087:2011. 
Section 11.4.11 of IEC 62087:2011 specifies that the volume control 
shall be adjusted to a level at which the sound output is audible. DOE 
understands this instruction to mean starting with the volume control 
at zero and increasing the volume until an audible level is achieved. 
Section 9.4 of ANSI/CTA-2037-C specifies that the volume control shall 
be adjusted to a level greater than zero that is closest to 2 percent 
of the maximum (e.g., a TV with a maximum level of 30 would have its 
volume set to 1). As this requirement is more objective than the 
current requirement specified in IEC 62087:2011, while resulting in 
comparable sound levels, DOE proposes to reference Section 9.4 of ANSI/
CTA-2037-C for the sound level requirements in appendix H.
6. Network Configuration
    Section 5.10 of appendix H specifies the network connection 
configuration to which the UUT must be connected. Section 5.10.2 of 
appendix H requires the UUT to be connected to a LAN both in on mode 
and prior to being placed in standby mode, if the TV is network 
enabled. The LAN shall allow devices to ping other devices on the 
network, but must not allow access to a WAN. Section 5.10.2 also 
provides a network connection hierarchy table prioritizing that the UUT 
be connected via Wi-Fi, then Ethernet if Wi-Fi is not supported by the 
UUT.
    In response to the June 2016 RFI, NRDC and ASAP and NEEP 
recommended that the standby mode test be performed while the TV is 
connected to a live internet signal (i.e., WAN) during testing and not 
just to a local network (i.e., LAN), as is currently required. (NRDC, 
No. 2 at pp. 16-17; ASAP and NEEP, No. 6 at p. 1) The CA IOUs 
recommended that network connectivity be enabled in standby and on mode 
testing. (CA IOUs, No. 8 at p. 5)
    Sections 7.1.8, 9.10, and 9.11 of ANSI/CTA-2037-C include 
requirements for network-related equipment and configuration of network 
connections, and configuration of specified networking devices. 
Specifically, Section 7.1.8.1 of ANSI/CTA-2037-C specifies that the 
internet network connection shall support download speeds of at least 
25 megabytes per second (``MBps'') and upload speeds of at least 3 
Mbps. Sections 7.1.8.2 and 7.1.8.3 specify the use of a smart speaker 
that shall be used to conduct the wake-by-smart-speaker test and the 
use of a mobile device that is used for remote control and casting 
applications. Section 7.1.8.4 specifies that a network traffic 
generator shall be configured to output multicast discovery packets to 
the LAN every 1 second. The packets include requests to the UUT typical 
of everyday use \19\ that

[[Page 11908]]

can be responded to over LAN by the UUT. Section 9.10 requires that for 
UUTs that are network enabled, both the on mode and standby mode tests 
be conducted with the UUT connected to an internet-connected (i.e., 
WAN-connected) LAN network segment that includes no other networking 
devices besides the devices required to conduct the test (i.e., the 
smart speaker, mobile device, and network traffic generator). That is, 
ANSI/CTA-2037-C requires that all on mode and standby mode tests be 
conducted with the UUT connected to WAN as well as up to three 
additional devices (i.e., the smart speaker, mobile device, and network 
traffic generator) connected via the LAN. Section 9.11 of ANSI/CTA-
2037-C specifies that for TVs that are advertised to support wake-by-
remote-control-app (WbRA), wake-on-cast (WoC), or wake-by-smart-speaker 
(WbS), enable as many of the supported smart wake features as possible. 
Any devices used to configure these features (e.g., mobile device, 
smart speaker, etc.) should be connected to the same LAN as the UUT. 
Section 9.11 further specifies that the goal is to configure the UUT to 
wake with as many of the three identified smart wake features as 
possible. Additionally, the CTA working group is considering explicitly 
specifying the following additional requirements: (a) The LAN must not 
include other networking devices besides the devices required to 
conduct the test; (b) internet connectivity must be confirmed (e.g., by 
streaming media); (c) if the UUT does not support Wi-Fi or Ethernet 
connectivity then it shall not be connected to other possible forms of 
network connection (e.g., MoCA); and, (d) the three smart wake features 
must be enabled before performing any of the on or standby mode tests.
---------------------------------------------------------------------------

    \19\ For example, the packets include commands sent to the 
Google and Spotify internet servers.
---------------------------------------------------------------------------

    DOE's analysis of the market indicates that most TVs currently on 
the market are equipped with the capability to connect to the network. 
The growing availability of streaming services and video content via 
digital media suggests that a growing percentage of TVs are connected 
to an active internet connection when installed in a consumer's home. 
Additionally, the growth in the market for connected devices, 
particularly mobile devices and smart speakers, suggests that these 
devices are also becoming more prevalent in consumer homes. 
Accordingly, DOE tentatively concludes that the network configuration 
requirements specified in ANSI/CTA-2037-C--which require an active 
internet connection for the TV and the configuration of three different 
types of devices connected to the same local network--are more 
representative of TVs currently sold on the market than the 
requirements currently specified in appendix H. Therefore, DOE proposes 
to reference the network connection requirements specified in Sections 
7.1.8, 9.10, and 9.11 of ANSI/CTA-2037-C.
    DOE requests comment on its proposal to reference Sections 7.1.8, 
9.10, and 9.11 of ANSI/CTA-2037-C for the network configuration 
requirements.
    DOE also requests comment on the updates being considered by the 
CTA working group for CTA-2037-D as it pertains to the WAN and LAN 
connection requirements and the connection requirements for smart wake 
features.
    DOE has found through its testing that configuring the specified 
network devices, especially the smart speaker, to communicate with the 
TV was challenging for some TV models. While some TV models provide 
clear instructions in the user manual for smart speaker setup that 
allowed for relatively quick and easy configuration, other models did 
not provide adequate instructions within the user manual, TV menus, or 
the manufacturer website that would allow the tester to configure the 
TV to connect to the smart speaker correctly. For two models in 
particular, DOE had to seek additional sources for instructions--such 
as technology discussion forums on the internet and third-party 
websites--that provided more detailed instructions to configure the 
smart speaker. These third-party instructions typically identified one 
or more additional steps that were missing in the manufacturer 
instructions, and that when followed would allow the smart speaker and 
TV to communicate with each other.\20\
---------------------------------------------------------------------------

    \20\ For example, on one unit, the third-party information 
identified the need to access a specific setting several layers 
``deep'' within the TV settings menu in order to activate the smart 
speaker functionality. This information was not specified in the 
manufacturer-provided instructions.
---------------------------------------------------------------------------

    Another challenge that DOE experienced in connecting a smart 
speaker to the TV was that some TVs were only able to connect to 
certain smart speaker brands, but not others. For one TV model in 
particular, DOE was only able to connect the TV to one particular smart 
speaker brand, despite the TV's user manual explicitly stating that the 
TV could be connected with multiple different smart brands.
    DOE requests feedback on its observed challenges with pairing 
certain TV models with smart speakers, and whether other laboratories 
have experienced similar challenges configuring smart speakers or any 
of the other specified networking devices to connect with a TV model.
    DOE also requests comment on whether DOE should consider providing 
any additional specifications beyond those provided in ANSI/CTA-2037-C, 
or those being considered for CTA-2037-D, to facilitate establishing 
the required network connections with additional devices.

G. Test Conduct

    Section 7 of appendix H specifies the tests for measuring on mode 
power consumption, luminance, standby mode power consumption, and off 
mode power consumption. The following sections describe proposed 
changes to each of these tests.
1. On Mode Test
    As discussed in previous sections, DOE is proposing to adopt the 
testing requirements specified in ANSI/CTA-2037-C, which specifies a 
new method to measure dynamic screen luminance at the same time as on 
mode power consumption. Accordingly, the on mode test specified in 
ANSI/CTA-2037-C, which DOE proposes to adopt, specifies requirements 
for camera configuration, UUT stabilization, and measurement of 
luminance and power consumption.
    Section 10 of ANSI/CTA-2037-C specifies the camera configuration 
and UUT stabilization procedure. First, the camera photometer must be 
configured to ensure that the UUT's screen border fits in the camera's 
field of view. Additionally, the color correction factors must be 
identified, if necessary, per the camera manufacturer's instructions. 
The UUT is then stabilized by playing the first 5 minutes of the IEC 
SDR test clip multiple times until the average power level between 
successive runs of the clip is within 2 percent. The procedure 
specifies that final camera configuration is performed just before on 
mode testing so that the UUT remains stabilized during the transition 
from this step to on mode testing. DOE proposes to reference Section 10 
of ANSI/CTA-2037-C in appendix H to specify the UUT and camera 
photometer stabilization requirements.
    Section 11.1 of ANSI/CTA-2037-C specifies the on mode test conduct, 
which as discussed, specifies measuring power consumption and dynamic 
luminance simultaneously. ANSI/CTA-2037-C specifies conducting on mode 
testing in the SDR default, SDR brightest, and HDR10 default preset 
picture settings. All UUTs are tested with ABC off at the default 
backlight in each preset picture setting. Any preset picture setting 
with ABC off by default is additionally tested with the backlight

[[Page 11909]]

level set to 20 percent of its maximum backlight level. Any preset 
picture setting with ABC on by default is additionally tested at 140 
lux, 50 lux, 17 lux, and 4 lux room illuminance levels. These room 
illuminance levels are not identical, but are in practice equivalent, 
to the room illuminance levels specified in the current appendix H 
(i.e., 100 lux, 35 lux, 12, lux, and 3 lux) for the following reason. 
Appendix H requires the lamp to be placed directly in front of the ABC 
sensor to set room illuminance levels at 100 lux, 35 lux, 12 lux, and 3 
lux. Given that ANSI/CTA-2037-C specifies the lamp to be placed at an 
angle of 45[deg] from the ABC sensor, the room illuminance levels are 
slightly higher to ensure that the light at the ABC sensor is 
equivalent to the current room illuminance values.
    DOE proposes to reference these requirements for the on mode power 
and luminance measurements in the default SDR, brightest SDR, and 
default HDR10 preset picture settings. However, for the brightest SDR 
preset picture setting, DOE proposes to only utilize the on mode power 
consumption with ABC disabled for the calculation of AEC, regardless of 
the default ABC setting. This is because the selection of the brightest 
preset picture setting is done with ABC disabled (as discussed in 
section III.F.4 of this document). If ABC were then enabled during the 
on mode measurement test, it would be inconsistent with how the preset 
picture setting was selected and may not truly capture the intended 
brightest preset picture setting's luminance and power.
    DOE requests comment on its proposal to reference Section 10 of 
ANSI/CTA-2037-C for the camera photometer and stabilization 
requirements.
    DOE also requests comment on its proposal to reference Section 11.1 
of ANSI/CTA-2037-C, for the on mode dynamic luminance and power 
measurement. Specifically, DOE requests comment on using the brightest 
preset picture setting measurement with ABC turned off for the AEC 
calculation, regardless of its default setting.
2. Luminance Test
    Section 7.2 of appendix H specifies the procedures for measuring 
the luminance of the UUT by playing the static IEC 3-bar, black-and-
white image and measuring the instantaneous luminance. As discussed, 
ANSI/CTA-2037-C specifies measuring the dynamic luminance concurrently 
with on mode power consumption in each preset picture setting utilizing 
a camera photometer, which provides more representative results 
compared to a single instantaneous luminance. As such, DOE is proposing 
to reference ANSI/CTA-2037-C for the on mode power consumption and 
dynamic luminance measurement, as discussed in section III.G.1 of this 
document. Therefore, DOE proposes to remove the separate luminance test 
currently specified in section 7.2 of appendix H.
3. Standby Mode Test
    Section 7.3 of appendix H specifies the procedures for measuring 
the power consumption of TVs in standby mode, which encompasses 
standby-passive mode and standby-active, low mode.
    For conducting these tests, appendix H specifies using the 
methodology prescribed in Section 5.3.1 of IEC 62301 Ed. 2.0, which 
states that standby mode power consumption shall be determined using 
one of three methods--sampling method, average reading method, or 
direct meter reading method. Specifically, IEC 62301 Ed. 2.0 specifies 
that the UUT must be energized for not less than 15 minutes; data 
recorded in the second two-thirds of the total test duration is used to 
determine stability. For input powers less than or equal to 1 watt, 
stability is established when a linear regression through all power 
readings for the second two thirds of the data has a slope of less than 
10 milli-watts per hour (``mW/h'') for input powers of more than 1 
watt, stability is established when a linear regression through all 
power readings for the second two thirds of the data has a slope of 
less than 1 percent of the measured input power per hour. The test 
duration is extended up to a maximum of 3 hours until the stability 
criteria are met. If stability cannot be achieved within 3 hours, IEC 
62301 Ed. 2.0 specifies assessing the raw data for periodic or cyclic 
patterns to meet different criteria specific to cyclic or irregular 
power consumption patterns. IEC 62301 Ed. 2.0 also specifies additional 
requirements for different scenarios, such as modes with cycle, non-
cyclic, unstable, or irregular power consumption.
    In response to the June 2016 RFI, NRDC and ASAP and NEEP 
recommended that the standby mode test be performed while the TV is 
connected to a live internet signal during testing and not just to LAN, 
as is currently required. NRDC and ASAP and NEEP also recommended that 
the standby test duration be extended. (NRDC, No. 2 at pp. 16-17; ASAP 
and NEEP, No. 6 at p. 1) CA IOUs recommended that network connectivity 
be enabled in standby and on mode testing. (CA IOUs, No. 8 at p. 5)
    Section 11.2 of ANSI/CTA-2037-C specifies the procedures for 
performing the standby mode test. As part of the overall setup and 
configuration requirements, the UUT is connected to WAN, and up to 
three devices (i.e., smart speaker, mobile device, and network traffic 
generator) are connected to the same LAN, as discussed previously in 
section III.F.6 of this document. Section 11.2 of ANSI/CTA-2037-C 
specifies that the standby-active and standby-passive measurements 
shall be conducted by powering down the UUT from the SDR default preset 
picture setting configuration. After the UUT is powered down, power 
consumption is measured at intervals of 1 second or shorter, and the 
test concludes when the cumulative average of all data points taken in 
the last third of the measurement period falls within <plus-minus>1 
percent or <plus-minus>10 milliwatts (``mW'') of the average of the 
last two thirds of the total measurement period. The total measurement 
period cannot be less than 60 minutes nor greater than 240 minutes. The 
standby power measurement is the average power reading during the last 
two thirds of the total measurement period. If a UUT does not meet the 
stability criteria at the end of 240 minutes, ANSI/CTA-2037-C specifies 
reviewing the power trace for any signs of unusual behavior, such as an 
automatic update, and requires repeating the test if atypical behavior 
was observed. Depending on the network capabilities of the UUT, the 
measurement performed during the standby test is recorded as either a 
standby-active mode \21\ measurement or a standby-passive mode \22\ 
measurement.
---------------------------------------------------------------------------

    \21\ Section 5.1 of ANSI/CTA-2037-C defines standby-active mode 
as a partial on mode power mode in which the UUT is connected to an 
external power source and does not provide picture or sound. The UUT 
can be switched into another power mode with the remote control 
unit, an internal signal, or an external signal.
    \22\ Section 5.1 of ANSI/CTA-2037-C defines standby-passive mode 
as a partial on mode power mode in which the UUT is connected to an 
external power source and does not provide picture or sound. The UUT 
can be switched into another power mode with the remote control unit 
or an internal signal, but not with an external signal.
---------------------------------------------------------------------------

    Accompanying the standby mode test, Section 9.11 of ANSI/CTA-2037-C 
additionally requires a series of ``wake'' commands to be sent from the 
specified networking devices to the TV to verify that the TV is 
properly connected to the LAN and properly configured to communicate 
with other devices on the network. As discussed in section III.F.6 of 
this document, Section 9.11 of ANSI/CTA-2037-C specifies how to wake 
the TV using three possible wake

[[Page 11910]]

commands: Wake-by-remote-control-app (WbRA), wake-on-cast (WoC), or 
wake-by-smart-speaker (WbS). To start the test, the UUT is first 
powered down for 5 seconds and then powered on via one of the three 
wake commands according to the following hierarchy: WbS if available, 
otherwise WoC, otherwise WbRA (hereafter referred to as the ``5-second 
check test''). The standby test is then performed, as described in the 
previous paragraph. Subsequently, at the end of the standby mode test, 
the TV must be woken using the same hierarchy as was used during the 
initial 5-second check test.
    For CTA-2037-D, the CTA working group is considering certain 
revisions to the test method for measuring power consumption in standby 
mode. The following paragraph enumerates the revisions under 
consideration for the standby mode test.
    First, the working group is considering removing the requirement 
that the UUT must be woken using the smart wake devices at the end of 
the standby mode test. Instead, the 5-second check test is performed 
only once when the UUT is first powered down for 5 seconds. If any or 
all of the configured smart wake features fail the 5-second check test, 
then they must remain configured for the duration of the test. 
Additionally, the working group is considering three different 
parameters to record the standby mode power consumption, depending on 
the level of functionality provided by the UUT in standby mode. For 
UUTs with at least one smart wake feature enabled, the power 
consumption is recorded as `partial on mode power with smart wake 
enabled'. For UUTs with no advertised or enabled smart wake features, 
the power consumption is recorded as `partial on mode power with 
internet connection' and for non-internet connected UUTs, the power 
consumption is recorded as `partial on mode power without internet 
connection'. Finally, the working group is considering removing the 
wake time test provisions since this measurement is not repeatable 
because it is dependent on how the TV is woken.
    The working group contended that the requirement to wake the UUT 
using the smart wake functionality at the end of the standby mode test 
would not be repeatable because some TVs can be woken only at certain 
times when in standby mode. For such TVs, the standby mode power 
consumption cycles between a high power state (e.g., 15 watts) and a 
low power state (e.g., 1-2 watts). Depending on when the wake command 
is issued to the TV, the smart wake feature may successfully wake the 
UUT (e.g., if the command is sent when the TV is in the high power 
state) or it may not wake the UUT (e.g., if the command is sent when 
the TV is in the low power state). This could impact the repeatability 
of the test. However, DOE is concerned that if a TV cannot be 
consistently woken at the end of standby mode, the measurement would 
not be representative of real-world use.
    Additionally, during round robin testing, DOE observed challenges 
in powering on certain TV models using the network connected devices. 
For one model specifically, the 5-second check test conducted before 
the start of standby testing yielded inconsistent results--sometimes 
requiring multiple wake commands to turn on the unit with the smart 
speaker or mobile device. DOE repeated the standby test at least four 
times and made the following observations. First, the UUT could be 
woken using smart wake functions only one time. It is likely that this 
wake command aligned with when the TV was in a high-power state while 
others were in a low-power state. Second, the average power consumption 
of the four tests, measured over a 40 minute test duration was 3.5 
watts, 6.9 watts, 10.3 watts, and 11 watts. This shows significant 
variation between the results, even though the UUT was configured to 
wake with smart wake features each time. It is possible that the 
average power over a longer duration, as is specified in ANSI/CTA-2037-
C, would lead to more repeatable results.
    Overall, DOE notes that in some instances neither the standby mode 
measurement nor the wake test were repeatable. Lacking additional data, 
DOE proposes to reference the requirement specified in ANSI/CTA-2037-C, 
which specifies that the wake test must be performed at the end of the 
standby mode measurement.
    DOE requests stakeholders to provide any additional data and 
information regarding the repeatability of the standby mode test when 
connected to smart wake functions, the ability to consistently wake the 
UUT using smart wake functionality, and the representativeness of the 
standby mode test, if a wake test is not included at the end of the 
standby mode duration.
    Accordingly, DOE proposes to reference Section 9.11 of ANSI/CTA-
2037-C for the instructions to wake the UUT from standby mode using 
network connected devices, and Section 11.2 of ANSI/CTA-2037-C to 
conduct the standby mode test. Specifically, DOE proposes that at the 
end of the standby mode test, the UUT must be woken using the smart 
wake features (as is specified in Section 9.11 of ANSI/CTA-2037-C) in 
the following order of preference: Wake-by-smart-speaker, wake-on-cast, 
and wake-by-remote-control-app. If the UUT can be powered on using any 
one of these methods, its standby mode power should be recorded as 
`standby power with smart wake enabled'. However, if the UUT cannot be 
powered on using any of the three specified methods either during the 
5-second check test or at the end of the standby mode test, the 
measured standby mode power consumption would be recorded as `standby 
power with internet connection and without smart wake enabled'.
    Similarly, DOE proposes that if the UUT was powered on during the 
5-second check test but is unable to be powered on via any of the 
network connected devices at the end of the standby mode test, the 
measured power consumption would be recorded as `standby power with 
internet connection and without smart wake enabled'. Additionally, TVs 
that do not have network capability would be required to record the 
measured standby power consumption as standby-passive mode measurement.
    DOE requests comment on its proposal to reference Section 11.2 of 
ANSI/CTA-2037-C to measure the power consumption in standby mode with 
some additional specifications. DOE also requests comment on its 
proposal to reference Section 9.11 of ANSI/CTA-2037-C for conducting 
the wake tests at the completion of standby mode.
    DOE requests comment on the revisions that are under consideration 
for the standby mode test by the CTA working group.
    DOE requests comment on whether it is appropriate to differentiate 
the standby mode power consumption of TVs that can be powered on using 
any of the three specified methods versus those that cannot be powered 
on using the smart wake features. DOE also requests comment on whether 
there would be any benefit to differentiating between the power 
consumption of such TVs. DOE requests comment on whether the parameters 
`standby smart wake' and `standby internet' are appropriate or if it 
should consider other parameters, such as `standby-active, high' and 
`standby-active, low', respectively.
    Additionally, as described, Section 11.2 of ANSI/CTA-2037-C 
specifies that if a UUT does not meet the stability criteria at the end 
of the 240 minute measurement period, the tester should review the 
logged data for any signs of unusual behavior, like that associated 
with the TV performing an automatic update, and redo the test if 
atypical

[[Page 11911]]

behavior was observed. DOE notes that Section 11.2 of ANSI/CTA-2037-C 
does not provide instruction for how to proceed if review of the logged 
data does not show any signs of unusual behavior.
    During its testing of TVs, DOE has observed that some TVs do not 
meet the stability criteria after 240 minutes despite not exhibiting 
any unusual behavior. Furthermore, some models did not achieve 
stability as defined by ANSI/CTA-2037-C even after significantly 
extended test durations (e.g., 24 hours, 48 hours, 76 hours, etc.). 
Observation of the logged power data on such TVs indicates that the TVs 
fluctuate between a low power consumption range and a high power 
consumption range, but that this fluctuation is not cyclic or periodic 
(i.e., it does not have an observable pattern). It is likely that such 
TVs are performing background activity at irregular intervals during 
standby mode, which results in fluctuations in the average power 
consumption that exceed the narrow bounds of the stability criteria.
    To accommodate TVs that do not achieve stability after the end of 
the specified 240 minute measurement period, DOE proposes that the 
stability requirement is waived if the full 240 minutes conclude 
without meeting the stability criteria. In such cases, the average 
power during the last two-thirds of the measurement period would be 
recorded as the standby-active mode measurement.
    Finally, DOE notes that Section 11.2 of ANSI/CTA-2037-C includes 
instruction to measure the wake time when performing the wake procedure 
following completion of the standby mode test. The CTA working group is 
evaluating whether the wake time test should be eliminated from CTA-
2037-D. DOE proposes to exclude the measurement of wake time from the 
DOE test procedure, because DOE tentatively concludes that ``wake 
time'' is a performance related feature that does not impact the energy 
consumption of the UUT.
    For TVs that do not meet the stability criteria of the standby mode 
measurement, DOE requests comment on measuring power consumption for 
240 minutes and using the average power consumption over the last two-
thirds of the measurement period as the standby-active mode 
measurement.
4. Off Mode Test
    Section 7.4 of appendix H references IEC 62301 Ed. 2.0 for 
measuring the off mode power consumption of TVs. ANSI/CTA-2037-C 
specifies the same methodology to measure off mode power consumption as 
that specified for standby mode (discussed in section III.G.3 of this 
document). However, for CTA-2037-D, the CTA working group is 
considering removing an off mode test.
    DOE is not proposing a test to measure TV power consumption in off 
mode and instead proposes to remove the existing off mode test 
specified in appendix H because TVs generally do not have an off mode 
that is distinct from standby mode. Even when a TV is powered off using 
a remote, it typically has some functionality operational to be able to 
receive a signal from the remote control or other device to turn back 
on, which meets the definition of standby mode rather than off mode.
    DOE requests comment on its proposal to remove the off mode test 
from appendix H.

H. Calculation of Annual Energy Consumption

    Section 8 of appendix H specifies the calculation and rounding 
requirements for AEC using the on and standby mode power consumption 
measurements. ANSI/CTA-2037-C does not contain an equivalent section 
for the calculation of AEC. Therefore, DOE proposes to retain the 
current AEC calculation requirements in appendix H but proposes certain 
modifications consistent with the proposed amendments to the on, 
standby, and off mode tests.
    To calculate AEC, DOE first proposes that the average on mode power 
consumption be calculated as the average of the on mode power in the 
three preset picture settings: SDR default, SDR brightest, and HDR10 
default. If ABC is enabled for the SDR or HDR10 default preset picture 
settings, the power consumption at each of the four room illuminance 
levels would be used to determine the average power consumption of the 
preset picture setting. The proposed equations below detail the 
calculation of on mode power consumption and AEC. The proposed 
calculation of AEC is different from the current calculation in 
appendix H primarily in the value used for P<INF>On</INF>. Given that 
appendix H specifies testing only the default preset picture setting in 
on mode, P<INF>On</INF> reflects the average power consumption in that 
default preset picture setting. However, in this document, DOE proposes 
testing three preset picture settings for on mode power consumption; 
therefore, P<INF>On</INF> would be the average of the power consumption 
in the tested preset picture settings.

P<INF>on</INF> = (P<INF>Default</INF> + P<INF>Brightest</INF> + 
P<INF>HDR10</INF>)/3

Where:

P<INF>Default</INF> = the measured average power consumption in the 
default SDR preset picture setting, if ABC is disabled

OR

P<INF>Default</INF> = (P<INF>Default_140</INF> + P<INF>Default_50</INF> 
+ P<INF>Default_17</INF> + P<INF>Default_4</INF>)/4

if ABC is enabled by default in the default SDR preset picture 
setting and, P<INF>Default_140</INF>, P<INF>Default_50</INF>, 
P<INF>Default_17</INF>, and P<INF>Default_4</INF> are the average 
power consumption values at room illuminance levels of 140, 50, 17, 
and 4 lux, respectively
P<INF>Brightest</INF> = the measured average power consumption in 
the brightest SDR preset picture setting
P<INF>HDR10</INF> = the measured average power consumption in the 
default HDR10 preset picture setting, if ABC is disabled

OR

P<INF>HDR10</INF> = (P<INF>HDR10_140</INF> + P<INF>HDR10_50</INF> + 
P<INF>HDR10_17</INF> + P<INF>HDR10_4</INF>)/4

if ABC is enabled by default in the default HDR10 preset picture 
setting and, P<INF>HDR10_140</INF>, P<INF>HDR10_50</INF>, 
P<INF>HDR10_17</INF>, and P<INF>HDR10_4</INF> are the average power 
consumption values at room illuminance levels of 140, 50, 17, and 4 
lux, respectively

    For standby mode, DOE proposes to retain the same hours per day 
spent in standby mode, but instead of standby-active and standby-
passive, as currently specified in appendix H, DOE proposes to use 
standby power with smart wake, standby power with internet connection, 
and standby-passive, as specified in section III.G.3 of this document.
    Additionally, DOE proposes to retain the AEC equation currently 
specified in appendix H but to remove the off mode variable. Given the 
current AEC equation assigns 0 hours to off mode, DOE proposes to 
retain the same weighting factors for on and standby modes.
    The proposed AEC equation is presented below:

AEC = 365 * (P<INF>on</INF> * H<INF>on</INF> + 
P<INF>standby_smart_wake</INF> * H<INF>standby_smart_wake</INF> + 
P<INF>standby_internet</INF> * H<INF>standby_internet</INF> + 
P<INF>standby_passive</INF> * H<INF>standby_passive</INF>)/1000
Where:

P<INF>m</INF> = power measured in a given mode m (in Watts)
H<INF>m</INF> = hours per day spent in mode m
365 = conversion factor from daily to yearly
1000 = conversion factor from watts to kilowatts

    And values for H<INF>m</INF> are as specified in Table III.2.

[[Page 11912]]



                                         Table III.2--Hourly Weightings
----------------------------------------------------------------------------------------------------------------
                                              Hon       Hstandby\smart\wake  Hstandby\internet  Hstandby\passive
----------------------------------------------------------------------------------------------------------------
Standby smart wake....................               5                 19                   0                 0
Standby internet......................               5                  0                  19                 0
Standby-passive.......................               5                  0                   0                19
----------------------------------------------------------------------------------------------------------------

    DOE requests comment on its proposed calculations for the average 
on mode power consumption and AEC.

I. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this NOPR, DOE proposes to amend the existing test procedure for 
TVs by proposing to reference ANSI/CTA-2037-C to measure on mode 
dynamic screen luminance and power consumption as well as standby mode 
power consumption. ANSI/CTA-2037-C has several differences in testing 
TVs compared to the current test method at appendix H. Key differences 
include testing three preset picture settings as opposed to a single 
default picture setting; measuring dynamic screen luminance over the 
entire duration of the test clip using a camera photometer at the same 
time as on mode power consumption measurement; using an LED lamp setup 
at an angle of 45[deg] for testing TVs with ABC enabled by default; 
and, testing on and standby mode with an active internet connection 
(i.e., WAN) and additionally connecting the TV to three other devices 
on LAN to wake the TV from standby mode to on mode. DOE has tentatively 
determined that these proposed amendments would impact testing costs as 
discussed in the following paragraphs.
    Given the new equipment, setup, and testing requirements specified 
in ANSI/CTA-2037-C, which DOE is proposing to reference, DOE estimates 
that TV testing would have a one-time equipment investment cost, a one-
time re-testing cost, and additional annual testing costs for the TVs 
covered by this NOPR.
    To determine the potential costs manufacturers would incur due to 
the proposed test procedure amendments, DOE used data from DOE's 
publicly available Compliance Certification Database (``CCD'') to 
estimate the number of unique basic models that are currently covered 
by the existing DOE test procedures. Based on data from DOE's CCD, DOE 
estimated there are approximately 3,346 unique basic models currently 
on the market. DOE also estimated the amount of time it would take 
manufacturers to test a single TV unit to the proposed test procedure 
amendments, as well as the amount of time it currently takes 
manufacturers to test a single TV unit to the existing DOE test 
procedures. Table III.3 presents the estimated amount of time a 
technician would need to spend to test a single TV unit under the 
existing DOE test procedures and under the proposed test procedure 
amendments.

  Table III.3--Estimated Amount of Time To Test TVs Under the Existing DOE Test Procedures and the Proposed DOE
                                                 Test Procedures
----------------------------------------------------------------------------------------------------------------
                                                   Existing DOE    Existing DOE    Proposed DOE    Proposed DOE
         Testing steps                Units         TP duration     TP duration     TP duration     TP duration
                                                     (Min-Max)       (Average)       (Min-Max)       (Average)
----------------------------------------------------------------------------------------------------------------
System Software Updates.......  minutes.........  ..............  ..............              15              15
Stabilization.................  minutes.........              60              60           15-20              18
On mode.......................  minutes.........           10-40              25          55-110              83
Luminance (Brightest PPS        minutes.........              33              33           30-45              38
 Determination).
Standby mode..................  minutes.........              30              30           20-30              25
Setup (before and between       minutes.........              25              25          65-100              83
 tests).
                               ---------------------------------------------------------------------------------
    Total Test Duration.......  hours...........         2.6-3.1            2.88         3.3-5.3            4.37
----------------------------------------------------------------------------------------------------------------

    Based on data from the Bureau of Labor Statistics' (``BLS's'') 
Occupational Employment and Wage Statistics, the mean hourly wage for 
an electronics technician is $32.84.\23\ Additionally, DOE used data 
from BLS's Employer Costs for Employee Compensation to estimate the 
percent that wages comprise the total compensation for an employee. DOE 
estimated that wages make up 70.6 percent of the total compensation for 
private industry employees.\24\ Therefore, DOE estimated that the total 
hourly compensation (including all fringe benefits) of a technician 
performing the testing is $46.52.\25\ Using these labor rates and time 
estimates, DOE estimated that it would cost TV manufacturers on average 
approximately $203.29 to conduct a single test on a TV unit in 
accordance with the proposed test procedure amendments.\26\ DOE 
estimated that this is on average approximately $69.31 more than TV 
manufacturers are incurring to conduct a single test on a TV in 
accordance with the existing DOE test procedures.\27\
---------------------------------------------------------------------------

    \23\ DOE used the mean hourly wage of the ``17-3023 Electrical 
and Electronic Engineering Technologists and Technicians'' from the 
most recent BLS Occupational Employment and Wage Statistics (May 
2020) to estimate the hourly wage rate of a technician assumed to 
perform this testing. See www.bls.gov/oes/current/oes173023.htm. 
Last accessed on November 8, 2021.
    \24\ DOE used the June 2021 ``Employer Costs for Employee 
Compensation'' to estimate that for ``Private Industry Workers,'' 
``Wages and Salaries'' are 70.6 percent of the total employee 
compensation. See www.bls.gov/news.release/archives/ecec_09162021.pdf. Last accessed on November 8, 2021.
    \25\ $32.84 / 0.706 = $46.52.
    \26\ 4.37 hours x $46.52 = $203.29.
    \27\ $203.29-(2.88 hours x $46.52) = $69.31.
---------------------------------------------------------------------------

    TV manufacturers are required to test at least two units per basic 
model. Therefore, DOE estimates that it would cost manufacturers 
approximately $406.58 per basic model in accordance with the proposed 
test procedure

[[Page 11913]]

amendments, if finalized, which is on average approximately $138.62 
more per basic model than TV manufacturers are currently incurring to 
test a TV basic model. DOE estimated that on average TV models remain 
on the market for approximately 2 years, before being replaced by newer 
models. DOE estimates that approximately 75 percent of the models that 
are currently on the market will remain on the market between the time 
DOE finalizes a test procedure and when manufacturers are required to 
use the updated DOE test procedures.\28\ Therefore, DOE estimated that 
approximately 2,510 TV basic models will need to be re-tested in 
accordance with the proposed DOE test procedure amendments, if 
finalized.\29\ Based on the testing cost estimates previously stated, 
DOE estimated that manufacturers would incur a one-time re-testing cost 
of approximately $1,021,000 to re-test all TV basic models remaining on 
the market, if the proposed test procedure amendments are 
finalized.\30\
---------------------------------------------------------------------------

    \28\ Given the estimated 2-year TV model turn-over rate, 25 
percent would be expected to be replaced, redesigned, or removed 
from the market over a 180-day period. See section III.J for a 
discussion of the compliance date.
    \29\ The other 25 percent of models would be replaced with new 
models between the time DOE finalized a TV test procedure and when 
manufacturers are required to use the finalized DOE test procedure. 
These new models would be able to use the updated DOE test 
procedures. The additional incremental testing costs of the proposed 
test procedure amendments are addressed later on in this section.
    \30\ 2,510 models x $406.58 = $1,020,516 (rounded to 
$1,021,000).
---------------------------------------------------------------------------

    In addition to these testing costs, DOE assumed that manufacturers 
would need to purchase camera photometers to conduct the proposed test 
procedure amendments, if finalized. DOE estimated that a camera 
photometer costs approximately $10,000. DOE also estimated that 
manufacturers would purchase a camera photometer for every 50 TV basic 
models manufactured, on average. This results in manufacturers 
purchasing approximately 67 camera photometers, due to the proposed 
test procedure amendments. DOE estimated manufacturers would incur a 
one-time cost of approximately $670,000 to purchase the equipment 
necessary to conduct the proposed test procedure amendments, if 
finalized.
    Lastly, DOE estimated the additional incremental testing costs of 
the proposed test procedure amendments, if finalized, compared to the 
existing DOE test procedures. As previously stated, DOE assumed that 
each TV basic model would cost approximately $138.62 more to test to 
the proposed test procedure amendments, if finalized, than to the 
existing DOE test procedures. Additionally, as previously stated, DOE 
estimated there are approximately 3,346 unique TV basic models 
currently on the market and half of these models are estimated to be 
replaced or redesigned each year.\31\ Therefore, DOE estimated that 
approximately 1,673 TV basic models would be introduced into the market 
each year, which will require testing in accordance with the proposed 
test procedure amendments, if finalized. DOE estimated that TV 
manufacturers would incur an additional testing cost of approximately 
$232,000 each year due to the additional incremental testing costs of 
the proposed test procedure amendments, if finalized, over the existing 
DOE test procedures.\32\
---------------------------------------------------------------------------

    \31\ Given the estimated 2-year TV model turn-over rate, 50 
percent would be expected to be replaced, redesigned, or removed 
from the market over a 1-year period.
    \32\ 1,673 models x $138.62 = $231,911 (rounded to $232,000).
---------------------------------------------------------------------------

    DOE requests comment on any aspect of the estimated one-time 
testing costs, annually additional incremental testing costs, or the 
estimated equipment costs associated with these proposed test procedure 
amendments; including the number of TV basic models, the amount of time 
needed to conduct the proposed test procedure amendments, the amount of 
time needed to conduct the existing DOE test procedures, or the costs 
associated with the equipment necessary to conduct the proposed test 
procedure amendments.
2. Harmonization With Industry Standards
    DOE will adopt relevant industry standards as DOE test procedures 
unless such methodology would be unduly burdensome to conduct or would 
not produce test results that reflect the energy efficiency, energy 
use, water use (as specified in EPCA) or estimated operating costs of 
that product during a representative average use cycle or period of 
use. Section 8(c) of appendix A of 10 CFR part 430 subpart C. In cases 
where the industry standard does not meet EPCA statutory criteria for 
test procedures DOE might propose to incorporate by reference the 
industry standard with certain modifications.
    For the TV test procedures at 10 CFR part 430, appendix H, DOE 
proposes to incorporate by reference ANSI/CTA-2037-C which provides the 
definitions, test equipment and setup, test conditions, test 
configuration, and test conduct for measuring TV screen luminance, on 
mode power consumption, and standby mode power consumption. The 
industry standard and test clips DOE proposes to incorporate by 
reference via amendments described in this document are discussed in 
further detail in section IV.M.
    DOE requests comments on the benefits and burdens of the proposed 
updates and additions to industry standards referenced in the test 
procedure for TVs.
    DOE notes that it is proposing certain modifications to the 
industry standard it proposes to reference, as follows:
    (1) Section 9 of ANSI/CTA-2037-C specifies that the ABC lamp, 
camera photometer, and the TV unit under test must all powered from the 
same specified power supply. DOE proposes that only the TV unit under 
test must be powered from the specified power supply and the camera 
photometer and ABC lamp may be powered using standard mains 
electricity. It is recommended that a unit under test be the only 
equipment connected to a conditioned power source to prevent any 
interference in the measured power consumption values from any other 
equipment connected on the same source. Further, DOE's assessment has 
shown that powering the ABC lamp and camera photometer directly from 
the mains electricity does not impact the measured power consumption 
values.
    (2) Section 11.2 of ANSI/CTA-2037-C specifies the test to measure 
standby mode power consumption and wake time. DOE is not proposing to 
include the measurement of wake time. Additionally, DOE is proposing to 
include additional criteria for recording the standby mode power 
consumption as standby active mode or standby passive mode depending on 
the ability of the UUT to maintain network connectivity in standby 
mode.

J. Compliance Date

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2))
    If DOE were to publish an amended test procedure, EPCA provides an 
allowance for individual manufacturers to petition DOE for an extension 
of the 180-day period if the manufacturer may experience undue hardship 
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the

[[Page 11914]]

manufacturer will experience undue hardship. (Id.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined that 
this test procedure rulemaking does not constitute ``significant 
regulatory actions'' under section 3(f) of Executive Order (``E.O.'') 
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). 
Accordingly, this action was not subject to review under the Executive 
order by the Office of Information and Regulatory Affairs (``OIRA'') in 
OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel.
    For manufacturers of TVs, the Small Business Administration 
(``SBA'') has set a size threshold, which defines those entities 
classified as ``small businesses'' for the purposes of the statute. DOE 
used the SBA's small business size standards to determine whether any 
small entities would be subject to the requirements of the rule. (See 
13 CFR part 121.) The size standards are listed by North American 
Industry Classification System (``NAICS'') code and industry 
description and are available at www.sba.gov/document/support--table-size-standards. Manufacturing TVs is classified under NAICS 334220, 
``radio and television broadcasting and wireless communications 
equipment manufacturing.'' The SBA sets a threshold of 1,250 employees 
or fewer for an entity to be considered as a small business for this 
category.
    DOE has recently conducted a focused inquiry into small business 
manufacturers of the products covered by this rulemaking. DOE used 
available public information to identify potential small manufacturers. 
DOE accessed the Compliance Certification Database \33\ to create a 
list of companies that import or otherwise manufacture the products 
covered by this proposal. DOE identified 33 unique companies that 
manufacture TVs sold in the U.S. All of these companies have more than 
1,250 employees or are fully owned and operated outside the United 
States.
---------------------------------------------------------------------------

    \33\ U.S. Department of Energy Compliance Certification 
Management System, available at: www.regulations.doe.gov/ccms.
---------------------------------------------------------------------------

    Therefore, DOE initially concludes that the impacts of the proposed 
test procedure amendments proposed in this NOPR would not have a 
``significant economic impact on a substantial number of small 
entities,'' and that the preparation of an IRFA is not warranted. DOE 
will transmit the certification and supporting statement of factual 
basis to the Chief Counsel for Advocacy of the Small Business 
Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of covered products must certify to DOE that their 
products comply with any applicable energy conservation standards. To 
certify compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for certain covered 
consumer products and commercial equipment. (See generally 10 CFR part 
429) The collection-of-information requirement for the certification 
and recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (``PRA''). This requirement has been approved 
by OMB under OMB control number 1910-1400. Public reporting burden for 
the certification is estimated to average 35 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.
    There is currently no energy conservation standard for TVs. As 
such, if finalized, the test procedure proposed would not establish a 
reporting requirement. 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 NOPR, DOE proposes test procedure amendments that may 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, DOE has 
determined that adopting test procedures for measuring energy 
efficiency of consumer products and industrial equipment is consistent 
with activities identified in 10 CFR part 1021, appendix A to subpart 
D, A5 and A6. 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 (Aug. 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,

[[Page 11915]]

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 this 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. 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 www.energy.gov/gc/office-general-counsel. DOE examined this 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 proposed 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 proposed 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). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at https://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this 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.
    The proposed regulatory action to amend the 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

[[Page 11916]]

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 modifications to the test procedure for TVs would 
incorporate testing methods contained in certain sections of the 
following commercial standard: ANSI/CTA-2037-C. DOE has evaluated this 
standard and is unable to conclude whether it fully complies with the 
requirements of section 32(b) of the FEAA (i.e., whether it was 
developed in a manner that fully provides for public participation, 
comment, and review.) DOE will consult with both the Attorney General 
and the Chairman of the FTC concerning the impact of these test 
procedures on competition, prior to prescribing a final rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by CTA, titled ``Determination of Television Set 
Power Consumption,'' ANSI/CTA-2037-C.
    ANSI/CTA-2037-C is a voluntary industry test procedure that 
measures on mode TV power consumption in three preset picture settings 
and standby mode power consumption. The test procedure amendments 
proposed in this NOPR generally reference ANSI/CTA-2037-C including 
provisions to address definitions, test equipment and setup, test 
conditions, test configuration, and test conduct for measuring TV 
screen luminance, on mode power consumption, and standby mode power 
consumption. Additionally, the test clips required to measure on mode 
power consumption are available digitally on CTA's website. These test 
clips are available in two formats: SDR and HDR10 and for each format, 
the test clips are available in two resolutions: SD and HD for the SDR 
test clip and HD and UHD for the HDR10 test clip.
    Copies of ANSI/CTA-2037-C and the test clips may be downloaded from 
the CTA's website at https://shop.cta.tech/products/determination-of-television-set-power-consumption-ansi-cta-2037-c.

V. Public Participation

A. Participation in the Webinar

    The time and date of the webinar are listed in the DATES section at 
the beginning of this document. If no participants register for the 
webinar, it will be cancelled. Webinar registration information, 
participant instructions, and information about the capabilities 
available to webinar participants will be published on DOE's website: 
www.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=61. Participants are responsible for ensuring 
their systems are compatible with the webinar software.

B. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule.\34\ Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
---------------------------------------------------------------------------

    \34\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 
2020, the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect, 
and Congress's action in replacing NAFTA through the USMCA 
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the 
repeal of E.O. 12889 and its 75-day comment period requirement for 
technical regulations. Thus, the controlling laws are EPCA and the 
USMCA Implementation Act. Consistent with EPCA's public comment 
period requirements for consumer products, the USMCA only requires a 
minimum comment period of 60 days. Consequently, DOE now provides a 
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------

    Submitting comments via www.regulations.gov. The 
www.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 www.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 www.regulations.gov cannot be claimed as CBI. Comments received 
through the website 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 www.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 www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to www.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. No faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, or text (ASCII) file format. Provide documents that are not 
secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any

[[Page 11917]]

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. Pursuant 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 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. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    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).

C. 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) DOE requests comment on its proposal to adopt the substantive 
provisions of ANSI/CTA-2037-C in appendix H with certain modifications.
    (2) DOE requests comment on defining the identified terms in 
appendix H through reference to ANSI/CTA-2037-C.
    (3) DOE also requests comment on whether it should consider the 
revisions to the power mode definitions that are under consideration by 
the CTA working group for CTA-2037-D.
    (4) DOE requests comment on referencing Section 7.1.1 of ANSI/CTA-
2037-C for the power supply requirements. DOE also requests comment on 
referencing the updated requirements that are under consideration for 
CTA-2037-D, which would move the voltage and frequency requirements for 
the power supply from the standby mode to on mode section within 
Section 7.1.1 of the CTA-2037 standard.
    (5) DOE requests comment on its proposal to connect only the UUT to 
the specified AC power source during testing and to specify that the 
camera photometer and ABC lamp may be powered via mains power. DOE also 
requests feedback on whether the camera photometer and ABC lamp should 
be connected to additional specified AC power sources and the burden 
versus benefit of such an approach.
    (6) DOE requests comment on its proposal to reference the power 
meter requirements from ANSI/CTA-2037-C. Specifically, DOE requests 
feedback on the potential burden, if any, to meet the more stringent 
requirements specified in ANSI/CTA-2037-C.
    (7) DOE requests comment on its proposal to measure dynamic screen 
luminance and to specify use of a camera photometer to measure dynamic 
screen luminance. In particular, DOE requests comment on any concerns 
with the burden associated with using a camera photometer as specified 
by ANSI/CTA-2037-C to measure screen luminance.
    (8) DOE also requests comment on the additional calibration 
requirement under consideration for CTA-2037-D and whether DOE should 
include this requirement for its TVs test procedure.
    (9) DOE requests comment on its proposal to reference the 
illuminance meter requirements, including the calibration requirements, 
from ANSI/CTA-2037-C.
    (10) DOE also requests comment on the updated illuminance meter 
requirements under consideration for CTA-2037-D, whether DOE should 
consider referencing the updated requirements when finalized, and the 
reason(s) for doing so.
    (11) DOE requests comment on its proposal to reference the media 
player and USB flash drive requirements from ANSI/CTA-2037-C. DOE also 
requests comment on whether DOE should maintain the current requirement 
that the media player and UUT must not be from the same manufacturer.
    (12) DOE requests comment on its proposal to reference Section 
7.1.9 of ANSI/CTA-2037-C for the light source required for conducting 
tests with ABC enabled.
    (13) DOE requests comment on whether the specified ambient 
temperature and humidity requirements are adequate or whether the 
temperature and relative humidity specifications should include 
additional specification regarding the precision and/or accuracy of the 
instruments used to verify that the required ambient conditions are 
maintained.
    (14) DOE requests comment on its proposal to reference Section 7.4 
of ANSI/CTA-2037-C for the room illuminance level and requirement to 
position the illuminance meter in the same manner as it would be 
positioned during luminance and power measurement tests.
    (15) DOE requests comment on its proposal to reference all the 
requirements specified in Section 8 of ANSI/CTA-2037-C for the test 
room setup. These include the setup of the UUT, illuminance meter, 
camera photometer, table surface, and reflective card.
    (16) DOE also requests comment on whether it is appropriate to 
specify that the table surface must be covered with black, non-
reflective cloth or whether DOE should specify a ``minimally 
reflective'' cloth instead.
    (17) DOE requests comment on whether it should consider requiring 
that if a forced menu is displayed requesting the configuration of 
specific features, then the most energy-consumptive configuration, as 
represented by AEC, must be selected (rather than the most power 
consumptive configuration). Additionally, if stakeholders support the 
use of the most power consumptive configuration, DOE requests comment 
on whether it should specify that the power consumption measurement is 
averaged over the duration of the test.
    (18) DOE additionally requests comment on any approaches that are 
under consideration for CTA-2037-D by the CTA working group for the 
initial setup of the TV, the configuration of forced menu options, or 
the requirements for the quick start wake time measurement test.
    (19) DOE requests comment on its proposal to reference the SDR and 
HDR10 IEC test clips specified in ANSI/CTA-2037-C for testing TVs in 
the default, brightest, and HDR10 preset picture settings.
    (20) DOE requests comment on its proposal to reference the 
requirements in ANSI/CTA-2037-C for the selection of the preset picture 
settings that must be used for testing and additionally specifying that 
the brightest preset picture setting be identified with ABC disabled.
    (21) DOE requests information on preset picture settings that can 
adapt the TV's configuration based on content, usage pattern, 
environment, etc. DOE also requests comment on whether such preset 
picture settings should be excluded from testing, even if they are one 
of the default SDR, brightest SDR, or default HDR10 preset picture 
settings. If stakeholders support excluding such a preset picture 
setting from testing, DOE requests comment on which preset

[[Page 11918]]

picture setting(s) should be used for testing instead, particularly if 
the intelligent preset picture setting is a default SDR or default 
HDR10 preset picture setting.
    (22) DOE requests comment on its proposal to reference Sections 
7.1.8, 9.10, and 9.11 of ANSI/CTA-2037-C for the network configuration 
requirements.
    (23) DOE also requests comment on the updates being considered by 
the CTA working group for CTA-2037-D as it pertains to the WAN and LAN 
connection requirements and the connection requirements for smart wake 
features.
    (24) DOE requests feedback on its observed challenges with pairing 
certain TV models with smart speakers, and whether other laboratories 
have experienced similar challenges configuring smart speakers or any 
of the other specified networking devices to connect with a TV model.
    (25) DOE also requests comment on whether DOE should consider 
providing any additional specifications beyond those provided in ANSI/
CTA-2037-C, or those being considered for CTA-2037-D, to facilitate 
establishing the required network connections with additional devices.
    (26) DOE requests comment on its proposal to reference Section 10 
of ANSI/CTA-2037-C for the camera photometer and stabilization 
requirements.
    (27) DOE also requests comment on its proposal to reference Section 
11.1 of ANSI/CTA-2037-C, for the on mode dynamic luminance and power 
measurement. Specifically, DOE requests comment on using the brightest 
preset picture setting measurement with ABC turned off for the AEC 
calculation, regardless of its default setting.
    (28) DOE requests stakeholders to provide any additional data and 
information regarding the repeatability of the standby mode test when 
connected to smart wake functions, the ability to consistently wake the 
UUT using smart wake functionality, and the representativeness of the 
standby mode test, if a wake test is not included at the end of the 
standby mode duration.
    (29) DOE requests comment on its proposal to reference Section 11.2 
of ANSI/CTA-2037-C to measure the power consumption in standby mode 
with some additional specifications. DOE also requests comment on its 
proposal to reference Section 9.11 of ANSI/CTA-2037-C for conducting 
the wake tests at the completion of standby mode.
    (30) DOE requests comment on the revisions that are under 
consideration for the standby mode test by the CTA working group.
    (31) DOE requests comment on whether it is appropriate to 
differentiate the standby mode power consumption of TVs that can be 
powered on using any of the three specified methods versus those that 
cannot be powered on using the smart wake features. DOE also requests 
comment on whether there would be any benefit to differentiating 
between the power consumption of such TVs.
    (32) DOE requests comment on whether the parameters `standby smart 
wake' and `standby internet' are appropriate or if it should consider 
other parameters, such as `standby-active, high' and `standby-active, 
low', respectively.
    (33) For TVs that do not meet the stability criteria of the standby 
mode measurement, DOE requests comment on measuring power consumption 
for 240 minutes and using the average power consumption over the last 
two-thirds of the measurement period as the standby-active mode 
measurement.
    (34) DOE requests comment on its proposal to remove the off mode 
test from appendix H.
    (35) DOE requests comment on its proposed calculations for the 
average on mode power consumption and AEC.
    (36) DOE requests comment on any aspect of the estimated one-time 
testing costs, annually additional incremental testing costs, or the 
estimated equipment costs associated with these proposed test procedure 
amendments; including the number of TV basic models, the amount of time 
needed to conduct the proposed test procedure amendments, the amount of 
time needed to conduct the existing DOE test procedures, or the costs 
associated with the equipment necessary to conduct the proposed test 
procedure amendments.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and request for comment.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on February 
17, 2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant 
Secretary for Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on February 22, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of Chapter II of Title 10, Code of Federal 
Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
2. Amend Sec.  429.25 by revising paragraphs (a)(2)(ii), and 
(a)(2)(iii)(A) and (B) to read as follows:


Sec.  429.25   Television sets.

    (a) * * *
    (2) * * *
    (ii) Any represented annual energy consumption of a basic model 
shall be determined by applying the AEC calculation in section 6.1 of 
appendix H to subpart B of part 430 of this chapter to the represented 
values of power consumption as calculated pursuant to paragraph 
(a)(2)(i) of this section.
    (iii) * * *
    (A) For power consumption in the on and standby modes, the 
represented value shall be rounded according to the

[[Page 11919]]

accuracy requirements specified in section 2.2 of appendix H to subpart 
B of part 430 of this chapter.
    (B) For annual energy consumption, the represented value shall be 
rounded according to the rounding requirements specified in section 6.2 
of appendix H to subpart B of part 430 of this chapter.
* * * * *

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. The authority citation for part 430 continues to read as follows:

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

0
4. Amend Sec.  430.3 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (m) through (v) as paragraphs (n) through 
(w), respectively;
0
c. Adding new paragraph (m);
0
d. Removing newly redesignated paragraph (p)(4) and, redesignating 
newly redesignated paragraphs (p)(5) through (9) as paragraphs (p)(4) 
through (8), respectively; and
0
e. Revising newly redesignated paragraph (o)(5);
    The addition and revisions read as follows:


Sec.  430.3  Materials incorporated by reference.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the U.S. Department of Energy 
(DOE) must publish a document in the Federal Register and the material 
must be available to the public. All approved material is available for 
inspection at DOE and at the National Archives and Records 
Administration (NARA). Contact DOE at: U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, Sixth Floor, 950 L'Enfant Plaza SW, Washington, DC 20024, 
(202) 586-9127, <a href="/cdn-cgi/l/email-protection#793b0c10151d10171e0a391c1c571d161c571e160f"><span class="__cf_email__" data-cfemail="ce8cbba7a2aaa7a0a9bd8eababe0aaa1abe0a9a1b8">[email protected]</span></a>, https://www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. For information on 
the availability of this material at NARA, email: 
<a href="/cdn-cgi/l/email-protection#d0b6a2feb9bea3a0b5b3a4b9bfbe90beb1a2b1feb7bfa6"><span class="__cf_email__" data-cfemail="85e3f7abecebf6f5e0e6f1eceaebc5ebe4f7e4abe2eaf3">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources 
in the following paragraphs of this section.
* * * * *
    (m) CTA. Consumer Technology Association, 1919 S. Eads Street, 
Arlington, VA 22202, (703) 907-7600, or go to www.cta.tech.
    (1) ANSI/CTA-2037-C, Determination of Television Set Power 
Consumption, CTA approved October 2021; IBR approved for appendix H to 
subpart B.
    (2) [Reserved]
* * * * *
    (p) * * *
    (5) IEC 62301 (``IEC 62301''), Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01), IBR approved for 
appendices C1, D1, D2, F, G, I, J2, N, O, P, Q, X, X1, Y, Z, BB, and CC 
to subpart B.
* * * * *
0
5. Amend Sec.  430.23 by revising paragraph (h) to read as follows:


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

* * * * *
    (h) Television sets. The power consumption of a television set, 
expressed in watts, including on and standby modes, shall be measured 
in accordance with sections 5.2 and 5.3 of appendix H of this subpart, 
respectively. The annual energy consumption, expressed in kilowatt-
hours per year, shall be measured in accordance with section 6 of 
appendix H of this subpart.
* * * * *
0
6. Revise Appendix H to subpart B of part 430 to read as follows:

Appendix H to Subpart B of Part 430--Uniform Test Method for Measuring 
the Power Consumption of Television Sets

    Note: Before [date 180 days following publication of a final 
rule], any representations made with respect to the energy use or 
energy efficiency of a television must be based upon results 
generated under this appendix as it appeared in 10 CFR part 430 
edition revised as of January 1, 2021 or this appendix. Beginning 
[date 180 days following publication of a final rule] any 
representations made with respect to the energy use or efficiency of 
a television must be based upon results generated under this 
appendix. Given that beginning [date 180 days after publication of a 
final rule], representations with respect to the energy use or 
efficiency of televisions must be made in accordance with tests 
conducted pursuant to this appendix, manufacturers may wish to begin 
using this test procedure as soon as possible.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, ANSI/CTA-2037-C in 
its entirety. However, only enumerated provisions of ANSI/CTA-2037-C 
are applicable to this appendix, as follows:

0.1 ANSI/CTA-2037-C: Determination of Television Set Power Consumption

    (a) Sections 5.1 and 5.2 as referenced in section 1 of this 
appendix;
    (b) Sections 7.1.1 through 7.2 as referenced in section 2 of 
this appendix;
    (c) Sections 7.3 through 8.2 as referenced in section 3 of this 
appendix;
    (d) Sections 9.1 through 9.11 as referenced in section 4 of this 
appendix; and
    (e) Sections 10 through 11.2 as referenced in section 5 of this 
appendix;

1. Definitions and Symbols

    1.1. Definitions. The following terms are defined according to 
Section 5.1 of ANSI/CTA-2037-C.

(a) Automatic brightness control
(b) Brightest selectable picture setting
(c) Default preset picture setting
(d) Dynamic Luminance
(e) Energy-Efficient-Ethernet
(f) Filmmaker Mode
(g) Forced menu
(h) HDR10
(i) High Dynamic Range
(j) Home configuration
(k) Hybrid Log Gamma (HLG)
(l) Illuminance
(m) Luminance
(n) Main battery
(o) Motion-Based Dynamic Dimming
(p) Neutral density filter
(q) Off Mode
(r) On Mode
(s) Preset picture setting
(t) Quick start
(u) Snoot
(v) Standby-Active Mode
(w) Standby-Passive Mode
(x) Wake-By-Remote-Control-App
(y) Wake-By-Smart-Speaker
(z) Wake-On-Cast
    1.2. Symbol usage. The symbols and abbreviations in Section 5.2 
of ANSI/CTA-2037-C apply to this test procedure.

2. Test Equipment

    2.1. AC Power Supply. The AC power supply shall be setup 
according to the requirements in Section 7.1.1 of ANSI/CTA-2037-C. 
Additionally, the following requirement is also applicable:
    2.1.1. AC Power Supply Usage. The AC power supply shall be used 
to power only the unit under test (UUT). The camera photometer and 
ABC lamp may be powered by mains electricity.
    2.2. Power Meter. The power meter shall be setup and used 
according to the requirements in Section 7.1.2 of ANSI/CTA-2037-C.
    2.3. Illuminance Photometer. The illuminance photometer shall be 
setup and used according to Section 7.1.3 of ANSI/CTA-2037-C.
    2.4. Camera Photometer. The camera photometer shall be setup and 
used according to Section 7.1.4 of ANSI/CTA-2037-C.
    2.5. Media Player and Storage Device. The test media shall be 
stored and displayed using the equipment outlined in Sections 7.1.5, 
7.1.6. and 7.1.7 of ANSI/CTA-2037-C.
    2.6. Network-Related Equipment. The networking equipment shall 
be setup and used according to Section 7.1.8 of ANSI/CTA-2037-C.

[[Page 11920]]

    2.7. ABC Light Source. The ABC light source shall be setup and 
used according to Section 7.1.9 of ANSI/CTA-2037-C.
    2.8. Test Signals. The test signals used for on mode power 
consumption shall be as specified in Section 7.2 of ANSI/CTA-2037-C.

3. Test Setup

    3.1. Environmental Conditions. The environmental conditions of 
the test room shall meet the requirements set in Section 7.3 of 
ANSI/CTA-2037-C.
    3.2. Ambient Light Conditions. The ambient light conditions of 
the test room shall meet the requirements set in Section 7.4 of 
ANSI/CTA-2037-C.
    3.3. The UUT and all associated test equipment shall be setup 
according to Sections 8.1 and 8.2 of ANSI/CTA-2037-C.

4. Test Configuration

    4.1. UUT Firmware Update. The UUT firmware shall be updated 
according to the requirements specified in Section 9.1 of ANSI/CTA-
2037-C.
    4.2. Initial Setup. The TV shall be initially setup following 
the requirements in Section 9.2 of ANSI/CTA-2037-C.
    4.3. Media Provision. The test media shall be provided according 
to the requirements in Section 9.3 of ANSI/CTA-2037-C.
    4.4. Sound Level Adjustments. The sound level of the UUT shall 
be set according to Section 9.4 of ANSI/CTA-2037-C.
    4.5. Video Aspect Ratio. The video aspect ratio shall be setup 
according to Section 9.5 of ANSI/CTA-2037-C.
    4.6. Identification of the Default SDR and HDR10 Preset Picture 
Settings. The identification of the default SDR and HDR10 preset 
picture settings shall be conducted as specified in Section 9.6 of 
ANSI/CTA-2037-C.
    4.7. Motion-Based Dynamic Dimming. Motion-based dynamic dimming 
shall be setup according to Section 9.7 of ANSI/CTA-2037-C.
    4.8. Identification of the Brightest Preset Picture Setting. The 
identification of the brightest preset picture setting shall be 
conducted using Section 9.8 of ANSI/CTA-2037-C. Additionally, ensure 
that ABC is disabled while identifying the brightest preset picture 
setting.
    4.9. Quick Start. Quick start shall be configured and setup 
according to Section 9.9 of ANSI/CTA-2037-C.
    4.10. Network Connections. Network connections shall be 
configured as specified in Section 9.10 of ANSI/CTA-2037-C.

5. Test Conduct

    5.1. Camera Configuration and UUT Stabilization. Before testing 
is conducted the UUT and camera photometer shall be setup and 
stabilized according to Section 10 of ANSI/CTA-2037-C.
    5.2. On Mode Test. Conduct the on mode test according to Section 
11.1 of ANSI/CTA-2037-C, including the following additions, and 
record power consumption as noted below:
    5.2.1. Default SDR preset picture setting.
    5.2.1.1. Record the average power consumption with ABC off at 
the default backlight level as P<INF>Default_ABCoff</INF>.
    5.2.1.2. For UUTs with ABC disabled by default in the default 
SDR preset picture setting, record the average power consumption 
with ABC off at backlight level set to 20 percent of its maximum 
level as P<INF>Default_ABCoff_20</INF><not-eq><INF>backlight</INF>.
    5.2.1.3. For UUTs with ABC enabled by default in the default SDR 
preset picture setting, record the average power consumption at 140, 
50, 17, and 4 lux as P<INF>Default_140</INF>, 
P<INF>Default_50</INF>, P<INF>Default_17</INF>, and 
P<INF>Default_4</INF>, respectively.
    5.2.1.4. Calculate the default SDR preset picture setting 
average power consumption as follows:
    P<INF>Default</INF> = P<INF>Default_ABCoff</INF> for UUTs with 
ABC disabled in the default SDR preset picture setting, and
    P<INF>Default</INF> = (P<INF>Default_140</INF> + 
P<INF>Default_50</INF> + P<INF>Default_17</INF> + 
P<INF>Default_4</INF>)/4 for UUTs with ABC enabled in the default 
SDR preset picture setting.
    5.2.2. Brightest SDR preset picture setting.
    5.2.2.1. Record the average power consumption with ABC off at 
the default backlight level as P<INF>Brightest_ABCoff</INF>.
    5.2.2.2. For UUTs with ABC disabled by default in the brightest 
SDR preset picture setting, record the average power consumption 
with ABC off at backlight level set to 20 percent of its maximum 
level as 
P<INF>Brightest_ABCoff_20</INF><not-eq><INF>backlight</INF>.
    5.2.2.3. For UUTs with ABC enabled by default in the brightest 
SDR preset picture setting, record the average power consumption at 
140, 50, 17, and 4 lux as P<INF>Brightest_140</INF>, 
P<INF>Brightest_50</INF>, P<INF>Brightest_17</INF>, and 
P<INF>Brightest_4</INF>, respectively.
    5.2.2.4. Calculate the brightest SDR preset picture setting 
average power consumption as P<INF>Brightest</INF> = 
P<INF>Brightest_ABCoff</INF>.
    5.2.3. Default HDR10 preset picture setting.
    5.2.3.1. Record the average power consumption with ABC off at 
the default backlight level as P<INF>HDR10_ABCoff</INF>.
    5.2.3.2. For UUTs with ABC disabled by default in the default 
HDR10 preset picture setting, record the average power consumption 
with ABC off at backlight level set to 20 percent of its maximum 
level as P<INF>HDR10_ABCoff_20</INF><not-eq><INF>backlight</INF>.
    5.2.3.3. For UUTs with ABC enabled by default in the default 
HDR10 preset picture setting, record the average power consumption 
at 140, 50, 17, and 4 lux as P<INF>HDR10_140</INF>, 
P<INF>HDR10_50</INF>, P<INF>HDR10_17</INF>, and P<INF>HDR10_4</INF>, 
respectively.
    5.2.3.4. Calculate the default HDR10 preset picture setting 
average power consumption as follows:
    P<INF>HDR10</INF> = P<INF>HDR10_ABCoff</INF> for UUTs with ABC 
disabled in the default HDR10 preset picture setting, and
    P<INF>HDR10</INF> = (P<INF>HDR10_140</INF> + 
P<INF>HDR10_50</INF> + P<INF>HDR10_17</INF> + P<INF>HDR10_4</INF>)/4 
for UUTs with ABC enabled in the default HDR10 preset picture 
setting.
    5.2.4. Calculation of On Mode Power Consumption. Calculate the 
on mode power consumption as the average of the power consumption in 
the default SDR, brightest SDR, and default HDR10 preset picture 
settings as follows:

P<INF>On</INF> = (P<INF>Default</INF> + P<INF>Brightest</INF> + 
P<INF>HDR10</INF>)/3

Where:

P<INF>Default</INF> = average power consumption in the SDR default 
picture setting as specified in section 5.2.1 of this appendix;
P<INF>Brightest</INF> = average power consumption in the SDR 
brightest preset picture setting as specified in section 5.2.2 of 
this appendix; and
P<INF>HDR10</INF> = average power consumption in the HDR10 default 
preset picture setting as specified in section 5.2.3 of this 
appendix.

    5.3. Standby Mode Test. Conduct the standby mode test as 
specified in Section 11.2 of ANSI/CTA-2037-C and wake the UUT from 
standby mode as specified in Section 9.11 of ANSI/CTA-2037-C. The 
following additional requirements are also applicable:
    5.3.1. Wake time measurement, as specified in Section 11.2 of 
ANSI/CTA-2037-C is not required for the purposes of this appendix.
    5.3.2. For the initial network connectivity check specified in 
Section 9.11 of ANSI/CTA-2037-C, if a network capable UUT cannot be 
powered on via one of the network connected devices after powering 
down for 5-seconds, then record the measured average power 
consumption over the entire duration of the standby test as 
P<INF>standby_internet</INF>.
    5.3.3. At the end of the standby test, power on the UUT as 
specified in Section 9.11 of ANSI/CTA-2037-C. If a network capable 
UUT powers on via one of the network connected devices, record the 
measured average power consumption as 
P<INF>standby_smart_wake</INF>. If a network capable UUT does not 
power on via any of the network connected devices, record the 
measured average power consumption as P<INF>standby_internet</INF>. 
For UUTs without network capability, record the measured average 
power consumption as P<INF>standby_passive</INF>.
    5.3.4. If the UUT does not meet the stability criteria specified 
in Section 11.2 of ANSI/CTA-2037-C at the end of the standby mode 
test duration of 240 minutes, average the power consumption during 
the last two-thirds of the measurement period and record this value 
as the standby power measurement using the variables as defined in 
section 5.3.3 of this appendix.

6. Calculation of Annual Energy Consumption

    6.1. Calculation. The annual energy consumption (AEC) of the TV 
shall be calculated using on and standby mode power consumption 
values as determined pursuant to sections 5.2 and 5.3, respectively, 
of this appendix as follows:

AEC = 365 * (P<INF>on</INF> * H<INF>on</INF> + 
P<INF>standby_smart_wake</INF> * H<INF>standby_smart_wake</INF> + 
P<INF>standby_internet</INF> * H<INF>standby_internet</INF> + 
P<INF>standby_passive</INF> * H<INF>standby_passive</INF>)/1000

Where:

P<INF>on</INF> = average on mode power consumption as calculated in 
section 5.2 of this appendix;
H<INF>on</INF> = hours per day spent in on mode as specified in 
Table 1 of this appendix;
P<INF>standby_smart_wake</INF> = average standby mode power 
consumption for UUTs with smart wake capability as calculated in 
section 5.3 of this appendix;
H<INF>standby_smart_wake</INF> = hours per day spent in standby mode 
for UUTs with smart wake capability as specified in Table 1 of this 
appendix;

[[Page 11921]]

P<INF>standby_internet</INF> = average standby mode power 
consumption for UUTs with network capability without smart wake 
capability as calculated in section 5.3 of this appendix;
H<INF>standby_smart_wake</INF> = hours per day spent in standby mode 
for UUTs with network capability without smart wake capability as 
specified in Table 1 of this appendix;
P<INF>standby_passive</INF> = average standby mode power consumption 
for UUTs without network capability as calculated in section 5.3 of 
this appendix;
H<INF>standby_passive</INF> = hours per day spent in standby mode 
for UUTs without network capability as specified in Table 1 of this 
appendix;
365 = conversion factor from daily to yearly; and
1000 = conversion factor from watts to kilowatts

                                           Table 1--Hourly Weightings
----------------------------------------------------------------------------------------------------------------
                                              Hon       Hstandby\smart\wake  Hstandby\internet  Hstandby\passive
----------------------------------------------------------------------------------------------------------------
Standby smart wake....................               5                 19                   0                 0
Standby internet......................               5                  0                  19                 0
Standby-passive.......................               5                  0                   0                19
----------------------------------------------------------------------------------------------------------------

    6.2. Rounding. The calculated AEC value shall be rounded as 
follows:
    6.2.1. If the calculated AEC value is 100 kWh or less, the rated 
value shall be rounded to the nearest tenth of a kWh.
    6.2.2. If the calculated AEC value is greater than 100 kWh, the 
rated value shall be rounded to the nearest kWh.

[FR Doc. 2022-04014 Filed 3-1-22; 8:45 am]
BILLING CODE 6450-01-P


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