[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Proposed Rules]
[Pages 32627-32628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15474]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 430
Energy Conservation Program for Consumer Products; Energy
Efficiency Standards for Television Sets
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The Department of Energy (Department) today withdraws a
proposed rule to establish energy efficiency standards for television
sets. Promulgation of such a rule is discretionary under the terms of
the authorizing legislation for the program. This action is based on: a
decision to focus the Department's limited resources on standards-
related rulemakings that are mandatory under the authorizing
legislation; and acceptance of arguments reflected in the comments that
the uncertainty created by the rulemaking and any resulting standards
could adversely affect the development of innovative television
technologies critical to the Nation's future economy and international
competitive position.
FOR FURTHER INFORMATION CONTACT:
Ingrid Watson, U.S. Department of Energy, Office of Energy Efficiency
and Renewable Energy, Forrestal Building, Mail Station EE-431, 1000
Independence Avenue, SW., Washington, DC 20585, (202) 586-8119
Eugene Margolis, Esq., U.S. Department of Energy, Office of General
Counsel, Forrestal Building, Mail Station GC-72, 1000 Independence
Avenue, SW., Washington, DC 20585, (202) 586-9507
SUPPLEMENTARY INFORMATION:
1. Authority
Part B of Title III of the Energy Policy and Conservation Act
(EPCA), Pub. L. 94-163, created the Energy Conservation Program for
Consumer Products other than automobiles. In 1978, the National Energy
Conservation Policy Act (NECPA), Pub. L. 95-619, amended EPCA and
required DOE to establish mandatory energy efficiency standards for
each of the 13 listed ``covered products,'' including television sets.
In 1987, the National Appliance Energy Conservation Act (NAECA), Pub.
L. 100-12, amended EPCA, by refining the list of appliances defined as
``covered products'' and establishing federal energy conservation
standards for 11 of the 12 ``covered products'' on the revised list.
Television sets have a unique status under EPCA--televisions are listed
as ``covered products,'' but are the only covered product for which the
statute does not require a standard. Moreover, televisions have a
unique status under EPCA with regard to rulemakings. EPCA requires the
Department to undertake rulemakings with regard to the other covered
products according to a prescribed schedule. By contrast, with regard
to televisions, EPCA provides the Secretary with discretion to
establish an energy conservation standard for television sets by rule,
but does not require such a rulemaking. 42 U.S.C. 6295(l)(3).
2. Background
On March 4, 1994, the Department published a notice of proposed
rulemaking regarding energy conservation standards for eight products.
(59 FR 10464.) The rulemaking is mandatory for seven of these products.
The eighth product was television sets. The Department invited
interested members of the public to submit written comments and to
participate at a public hearing. The public comment period closed on
July 18, 1994. During the comment period, over 35 comments were
received on the proposed rule regarding energy conservation standards
on television sets from manufacturers, consumers, members of Congress,
retailers, national energy advocates and environmental groups. The
Department has reviewed and evaluated the comments. On January 31,
1995, the Department published a Federal Register notice describing the
Department's plans for pursuing these rulemakings. (60 FR 5880.) That
notice acknowledged the need for further data collection prior to
deciding how to proceed with the proposed standards for televisions.
Such data collection would involve original development of test data
that is otherwise unavailable.
Since the January notice, there have been a variety of
developments. First, the appropriations requested for this program and
preliminary Congressional actions on this request suggest that
resources to carry out this program are likely to be limited and are
unlikely to be sufficient to support all of the possible analyses
related to TVs and other products covered by the authorizing
legislation. Second, the Department has been urged to give priority to
rulemakings affecting other products by manufacturers of those
[[Page 32628]] other products and other interested persons. Some of
these rulemakings may result in very large additional energy savings
and economic benefits.
Third, Department officials met with representatives of the
Electronics Industry Association (EIA) to discuss options for the
proposed standards on televisions. EIA reiterated comments made in its
written submissions, and urged DOE to terminate the rulemaking with
regard to televisions. EIA's arguments stressed that: the energy usage
of an individual television is relatively small; standards could
adversely affect the utility of the product; the large number of
options make it difficult to design an efficiency standard; the
proposed standard might have anti-competitive effects; and standards
could interfere with the development of the information superhighway.
Fourth, DOE officials met with a representative of the American
Council for an Energy Efficient Economy (ACEEE) concerning the proposed
television standards. ACEEE acknowledged that further data collection
may be needed before pursuing the rulemaking, but advised DOE to
continue with efforts to collect the necessary information. ACEEE also
indicated that televisions need not be a top priority of the appliance
program. However, they urged DOE to hold the rulemaking in abeyance
pending collection of further data rather than affirmatively
terminating the rulemaking.
3. Discussion
DOE acknowledges that, as some of the comments argued, its
engineering analysis in support of the proposed television standards
did not consider the energy use of the large number of special features
now available on many televisions. Remedying that defect would require
DOE to engage in expensive and time consuming testing of television
sets, and it is impossible to know whether the results of such testing
would support the establishment of Federal energy efficiency standards.
Additionally some of those special features would require modifications
to the DOE test procedure in order to adequately measure the impact of
the features on energy consumption. If DOE were to undertake such
testing and possible test procedure modifications, it would expend
limited resources on a project with less potential benefits than
currently mandated EPCA rulemakings. Moreover, devotion of additional
resources to setting television standards would make it very difficult
to respond to the requests of companies in other industries that are
subject to mandatory standards and that are pressing the Department to
assign higher priority to completion of updated test procedure and
standards rulemakings that they view as beneficial. In view of the
limited funds likely to be available for implementing this program, the
Department has decided that priority must be assigned to completion of
mandatory rulemakings and not to this discretionary rulemaking.
Several comments claim that there is a significant risk that the
prospect of standards could adversely affect ongoing fundamental
changes in television technology and markets. These technology changes
could have significant implications for the energy use of televisions,
as well as for the range of communication, data processing, and other
services provided by the televisions of the future and their associated
electronic equipment. Some of the possible developments in television
technology that could significantly affect their energy use include:
high definition television, emergency broadcast features, virtual
reality entertainment, built-in video cassette recorders, on screen
program guides, and interactive information and communication features
necessary for access to the National Information Infrastructure (the
so-called ``information superhighway''). These changes in technology
distinguish televisions from other covered products that, for the most
part, are based on well-established, relatively stable technologies.
The Department recognizes that technology and product developments
continuing throughout the 1990's and into the next decade will be
critical to the future success of the U.S. television industry. The
Department further also recognizes that the development of Federal
energy efficiency standards for televisions could adversely affect the
willingness of private industry to invest in new technologies or
products that might otherwise produce substantial economic benefits.
The Department believes this risk, although not precisely quantifiable,
could be significant.
Accordingly, in order to focus its resources on mandatory
rulemakings and to avoid the risk of undue interference in the
development of new technology and products critical to the Nation's
future economic health and international competitive position, the
Department today gives notice of the withdrawal of its proposed energy
efficiency standards for televisions.
Issued in Washington, DC, June 20, 1995.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 95-15474 Filed 6-22-95; 8:45 am]
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