Energy Conservation Program for Consumer Products; Energy Efficiency Standards for Television Sets

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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