[Federal Register Volume 74, Number 201 (Tuesday, October 20, 2009)]
[Rules and Regulations]
[Pages 53640-53643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25170]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2009-BT-TP-0020]
RIN 1904-AC09


Energy Conservation Program: Repeal of Test Procedures for 
Televisions

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (DOE) repeals the regulatory

[[Page 53641]]

provisions establishing the test procedure for televisions under the 
Energy Policy and Conservation Act (EPCA). The test procedure has been 
made obsolete by the transition from analog to digital television in 
the United States, effective June 13, 2009.

DATES: Effective Date: This rule is effective October 20, 2009.

ADDRESSES: The public may review copies of all materials related to 
this rulemaking at the U.S. Department of Energy, Resource Room of the 
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600, 
Washington, DC (202) 586-2945, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Please call Ms. Brenda Edwards 
at the above telephone number for additional information regarding 
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Ron Lewis, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, EE-2J, 950 L'Enfant Plaza, SW., Room 6057, Washington, DC 
20585-0121, (202) 586-8423, e-mail: <a href="/cdn-cgi/l/email-protection#3e6c51505f525a10725b49574d7e5b5b105a515b10595148"><span class="__cf_email__" data-cfemail="e1b38e8f808d85cfad84968892a18484cf858e84cf868e97">[email protected]</span></a>.
    Eric Stas, Esq., GC-72, U.S. Department of Energy, Office of 
General Counsel, 1000 Independence Avenue, SW., Washington, DC 20585, 
(202) 586-5827, e-mail: <a href="/cdn-cgi/l/email-protection#7732051e145924031604371f065913181259101801"><span class="__cf_email__" data-cfemail="96d3e4fff5b8c5e2f7e5d6fee7b8f2f9f3b8f1f9e0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Discussion
III. Procedural Requirements
    A. Executive Order 12866
    B. Administrative Procedure Act
    C. National Environmental Policy Act
    D. Regulatory Flexibility Act
    E. Paperwork Reduction Act
    F. Unfunded Mandates Reform Act of 1995
    G. Treasury and General Government Appropriations Act, 1999
    H. Executive Order 13132
    I. Executive Order 12988
    J. Treasury and General Government Appropriations Act, 2001
    K. Executive Order 13211
    L. Executive Order 12630
    M. Section 32 of the Federal Energy Administration Act of 1974
    N. Congressional Notification
IV. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 
et seq.; EPCA) sets forth a variety of provisions designed to improve 
energy efficiency. Part A \1\ of title III (42 U.S.C. 6291-6309) 
establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles.'' The consumer products subject to this program 
(hereafter ``covered products'') include televisions. Under EPCA, the 
overall program consists essentially of testing, labeling, and Federal 
energy conservation standards.
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    \1\ This part was originally titled Part B; however, it was 
redesignated Part A after Part B was repealed by Public Law 109-58.
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    Section 323 of EPCA (42 U.S.C. 6293) sets forth generally 
applicable criteria and procedures for DOE's adoption and amendment of 
test procedures. It states, for example, that ``[a]ny test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use, * 
* * or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use, as determined by the 
Secretary [of Energy], and shall not be unduly burdensome to conduct.'' 
(42 U.S.C. 6293(b)(3)) Manufacturers of covered products must use test 
procedures prescribed under EPCA as the basis for establishing and 
certifying to DOE that their products comply with energy conservation 
standards adopted under EPCA. (42 U.S.C. 6295(s))
    EPCA also specifies that State law providing for the disclosure of 
information with respect to any measure of energy consumption is 
superseded to the extent that such law requires testing or the use of 
any measure of energy consumption or energy descriptor in any manner 
other than provided under section 323 of EPCA. (42 U.S.C. 
6297(a)(1)(A); 42 U.S.C. 6297(f)(3)(G)) Therefore, in the absence of a 
Federal test procedure or accompanying conservation standard, States 
may prescribe their own test procedures and standards pursuant to 
applicable State law. Id.

II. Discussion

    The existing test procedure to measure the energy efficiency of 
television sets is codified at 10 CFR 430.23(h) and 10 CFR Subpart B, 
Appendix H, and the sampling plan, that is, the specific requirements 
for the number of units to be tested, is set forth at 10 CFR 430.24(h).
    The existing test procedure is appropriate for measuring the energy 
efficiency of only analog television sets. In the Digital Television 
Transition and Public Safety Act of 2005, 47 U.S.C. 309 note, as 
amended by the DTV Delay Act of 2009, 47 U.S.C. 609 note, Congress 
directed the Federal Communications Commission to terminate all 
licenses for full-power television stations in the analog television 
service, and to require the cessation of broadcasting by full-power 
stations in the analog television service, by June 13, 2009. Given that 
the June 2009 deadline set by Congress for the transition to digital 
television has passed, the existing test procedure and sampling plan 
are obsolete.
    Regulatory definitions of ``television set'', ``color television 
set'', and ``monochrome television set'' are set forth at 10 CFR 430.2. 
``Television set'' is defined simply as ``a color television set or a 
monochrome television set''. ``Color television set'' is defined as 
``an electrical device designed to convert incoming broadcast signals 
into color television pictures and associated sound'', and ``monochrome 
television set'' is defined as ``an electrical device designed to 
convert incoming broadcast signals into monochrome television pictures 
and associated sound''. The definitions are not affected by the 
transition from analog to digital television in the United States 
because the broadcast signals they reference encompass both analog and 
digital signals.
    The Department of Energy received petitions from the California 
Energy Commission (Commission or CEC) and the Consumer Electronics 
Association (CEA) related to the existing television test procedure. 
The Commission petitioned for repeal of the regulatory provisions 
establishing the test procedure and defining ``television set''. CEA 
petitioned for replacement of the existing test procedure with the test 
procedure adopted by the International Electrochemical Commission, IEC 
62087-2008(E), published in September 2008.
    In response to these petitions, and as a result of the transition 
to digital television discussed above, DOE is repealing the existing 
television test procedure and the regulatory provision specifying 
requirements for the number of units to be tested pursuant to the test 
procedure (i.e., the sampling plan). DOE will maintain the regulatory 
definitions because they continue to be appropriate notwithstanding the 
transition to digital television, and because television sets are 
listed as a covered product in EPCA. (42 U.S.C. 6292(12))
    DOE will soon begin a rulemaking process to establish a new Federal 
test procedure and a new Federal energy-efficiency standard for 
televisions. In establishing a new test procedure, DOE will give 
serious consideration to the suggestion made by CEA that DOE adopt IEC 
62087-2008(E).

III. Procedural Requirements

A. Executive Order 12866

    Today's regulatory action is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866,

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``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993). 
Accordingly, this action was not subject to review under that Executive 
Order by the Office of Information and Regulatory Affairs (OIRA) of the 
Office of Management and Budget (OMB).

B. Administrative Procedure Act

    The Department of Energy finds good cause to waive notice and 
comment on these regulations pursuant to 5 U.S.C. 533(b)(B), and the 
30-day delay in effective date pursuant to 5 U.S.C. 553(d). Notice and 
comment are unnecessary and contrary to the public interest because 
this final rule is repealing a test procedure that has been made 
obsolete by act of Congress. A delay in effective date is unnecessary 
and contrary to the public interest for these same reasons. Therefore, 
these regulations are being published as final regulations and are 
effective October 20, 2009.

C. National Environmental Policy Act

    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. This rule amends an 
existing rule without changing its environmental effect, and, 
therefore, is covered by the Categorical Exclusion A5 found in appendix 
A to subpart D, 10 CFR part 1021. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that must be proposed for public comment, unless the agency certifies 
that the rule will have no 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 rulemaking process. 
68 FR 7990. DOE has made its procedures and policies available on the 
Office of the General Counsel's Web site at http://www.gc.doe.gov. 
Because a notice of proposed rulemaking is not required under the 
Administrative Procedure Act or other applicable law, the Regulatory 
Flexibility Act does not require certification or the conduct of a 
regulatory flexibility analysis for this rule.

E. Paperwork Reduction Act

    This rulemaking imposes no new information or recordkeeping 
requirements. Accordingly, OMB clearance is not required under the 
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

F. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. For proposed regulatory actions likely to result in a 
rule that may cause expenditures by State, local, and Tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation), section 202 of UMRA 
requires a Federal agency to publish estimates of 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.'' UMRA also requires an agency plan for giving notice and 
opportunity for timely input to small governments that may be affected 
before establishing a requirement that might significantly or uniquely 
affect them. On March 18, 1997, DOE published a statement of policy on 
its process for intergovernmental consultation under UMRA (62 FR 12820) 
(also available at http://www.gc.doe.gov). Today's final 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.

G. 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. 
Today's rule would have no impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is 
unnecessary to prepare a Family Policymaking Assessment.

H. Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The executive order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. DOE has examined this final rule and 
determined that it would not preempt State law and would have no 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. Executive 
Order 13132 requires no further action.

I. Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 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. Regarding the review required by 
section 3(a), 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, this rule meets the 
relevant standards of Executive Order 12988.

[[Page 53643]]

J. Treasury and General Government Appropriations Act, 2001

    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 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed 
today's notice under the OMB and DOE guidelines and has concluded that 
it is consistent with applicable policies in those guidelines.

K. 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 a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. Today's regulatory 
action is not a significant regulatory action under Executive Order 
12866 or any successor order; would not have a significant adverse 
effect on the supply, distribution, or use of energy; and has not been 
designated by the Administrator of OIRA as a significant energy action. 
Accordingly, DOE has not prepared a Statement of Energy Effects.

L. Executive Order 12630

    Pursuant to Executive Order 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights,'' 53 FR 
8859 (March 15, 1988), DOE has determined that this rule would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

M. Section 32 of the Federal Energy Administration Act of 1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91), the Department of Energy must comply with section 32 
of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), as 
amended by the Federal Energy Administration Authorization Act of 1977 
(Pub. L. 95-70). (15 U.S.C. 788) Section 32 provides 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 Department of Justice and the Federal Trade 
Commission concerning the impact of the commercial or industry 
standards on competition. This final rule to repeal the test procedure 
for determining the energy efficiency of television sets does not 
authorize or require the use of any commercial standards. Therefore, no 
consultation with either DOJ or FTC is required.

N. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of today's rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

IV. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

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

    Issued in Washington, DC, on October 2, 2009.
Henry Kelly,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.

0
For the reasons stated in the preamble, part 430 of chapter II of title 
10, Code of Federal Regulations, is amended as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for Part 430 continues to read as follows:

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


Sec.  430.23  [Amended]

0
2. Section 430.23 is amended by removing and reserving paragraph (h).


Sec.  430.24  [Amended]

0
3. Section 430.24 is amended by removing and reserving paragraph (h).

Appendix H [Removed and Reserved]

0
4. Appendix H to subpart B of part 430 is removed and reserved.

[FR Doc. E9-25170 Filed 10-19-09; 8:45 am]
BILLING CODE 6450-01-P


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