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Vol. 78                           Wednesday,
                                                                                                No. 15                            January 23, 2013

                                                                                                Part V

                                                                                                Department of Energy
                                                                                                10 CFR Parts 429 and 430
                                                                                                Energy Conservation Program: Test Procedure for Set-Top Boxes;
                                                                                                Proposed Rule
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5076                 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules

                                          DEPARTMENT OF ENERGY                                    procedures. Any foreign national                       The regulations.gov Web page will
                                                                                                  wishing to participate in the meeting                  contain simple instructions on how to
                                          10 CFR Parts 429 and 430                                should advise DOE as soon as possible                  access all documents, including public
                                          [Docket No. EERE–2012–BT–TP–0046]                       by contacting Ms. Edwards to initiate                  comments, in the docket. See section V
                                                                                                  the necessary procedures. Please also                  for information on how to submit
                                          RIN 1904–AC52                                           note that those wishing to bring laptops               comments through regulations.gov.
                                                                                                  into the Forrestal Building will be                      For further information on how to
                                          Energy Conservation Program: Test                       required to obtain a property pass.                    submit a comment, review other public
                                          Procedure for Set-Top Boxes                             Visitors should avoid bringing laptops,                comments and the docket, or participate
                                          AGENCY: Office of Energy Efficiency and                 or allow an extra 45 minutes. Persons                  in the public meeting, contact Ms.
                                          Renewable Energy, Department of                         can attend the public meeting via                      Brenda Edwards at (202) 586–2945 or by
                                          Energy.                                                 webinar. For more information, refer to                email: Brenda.Edwards@ee.doe.gov.
                                          ACTION: Notice of proposed rulemaking.
                                                                                                  the Public Participation section near the              FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                  end of this notice.                                    Jeremy Dommu, U.S. Department of
                                          SUMMARY:    The U.S. Department of                         Any comments submitted must                         Energy, Office of Energy Efficiency and
                                          Energy (DOE) proposes to establish a                    identify the NOPR for the Test                         Renewable Energy, Building
                                          new test procedure for set-top boxes                    Procedure for Set-top Boxes, and                       Technologies Program, EE–2J, 1000
                                          (STBs). The proposed test procedure                     provide docket number EERE–2012–                       Independence Avenue SW.,
                                          describes the methods for measuring the                 BT–TP–0046 and/or regulatory                           Washington, DC 20585–0121.
                                          power consumption of STBs in the on,                    information number (RIN) number                        Telephone: (202) 586–9870. Email:
                                          sleep (commonly known as standby                        1904–AC52. Comments may be                             Jeremy.Dommu@ee.doe.gov.
                                          mode), and off modes. Further, an                       submitted using any of the following                     Ms. Celia Sher, U.S. Department of
                                          annual energy consumption (AEC)                         methods:                                               Energy, Office of the General Counsel,
                                          metric is proposed to calculate the                        1. Federal eRulemaking Portal:                      GC–71, 1000 Independence Avenue
                                          annualized energy consumption of the                    www.regulations.gov. Follow the                        SW., Washington, DC, 20585–0121.
                                          STB based on its power consumption in                   instructions for submitting comments.                  Telephone: (202) 287–6122. Email:
                                          the different modes of operation. DOE                      2. Email: SetTopBox2012TP0046@ee.                   Celia.Sher@hq.doe.gov.
                                          has tentatively identified that the test                doe.gov. Include the docket number
                                                                                                  and/or RIN in the subject line of the                  SUPPLEMENTARY INFORMATION:
                                          methods described in the draft
                                          Consumer Electronics Association                        message.                                               Table of Contents
                                          (CEA) standard, CEA–2043, ‘‘Set-top                        3. Mail: Ms. Brenda Edwards, U.S.
                                          Box (STB) Power Measurement’’ are                       Department of Energy, Building                         I. Authority and Background
                                          appropriate to use as a basis for                       Technologies Program, Mailstop EE–2J,                  II. Summary of the Notice of Proposed
                                                                                                  1000 Independence Avenue SW.,                                Rulemaking
                                          developing the test procedure for STBs.                                                                        III. Discussion
                                          The draft CEA–2043 standard specifies                   Washington, DC 20585–0121. If
                                                                                                  possible, please submit all items on a                    A. Effective Date and Compliance Date of
                                          the test methods for determining the                                                                                 Test Procedure
                                          power consumption of a STB in the on,                   CD. It is not necessary to include                        B. Products Covered by This Rulemaking
                                          sleep, and off modes. The proposed test                 printed copies.                                           C. Industry Set-Top Box Test Procedures
                                                                                                     4. Hand Delivery/Courier: Ms. Brenda                   D. Definitions
                                          procedure in this rulemaking is
                                                                                                  Edwards, U.S. Department of Energy,                       1. Definition of Set-Top Boxes
                                          primarily based on the draft CEA–2043
                                                                                                  Building Technologies Program, 950                        2. Basic Model of an STB
                                          standard, which was issued as an email                                                                            3. Manufacturer of a Set-Top Box
                                                                                                  L’Enfant Plaza SW., Suite 600,
                                          ballot to the members of the CEA                                                                                  4. Other Definitions
                                                                                                  Washington, DC 20024. Telephone:
                                          working group developing the standard                                                                             5. Definitions of Power Modes
                                                                                                  (202) 586–2945. If possible, please
                                          for a vote on November 27, 2012.                                                                                  E. Test Conditions
                                                                                                  submit all items on a CD. It is not
                                          DATES: DOE will hold a public meeting                                                                             1. Set-Top Box Settings
                                                                                                  necessary to include printed copies.                      2. Test Room
                                          on Wednesday, February 27, 2013, from                      For detailed instructions on                           F. Test Setup
                                          9 a.m. to 4 p.m., in Washington, DC. The                submitting comments and additional                        1. Test Voltage
                                          meeting will also be broadcast as a                     information on the rulemaking process,                    2. Measurement Accuracy
                                          webinar. See section V, ‘‘Public                        see section V of this document (Public                    3. Test Equipment
                                          Participation,’’ for webinar registration               Participation).                                           4. True Power Wattmeter
                                          information, participant instructions,                     Docket: The docket is available for                    5. Calibration
                                          and information about the capabilities                  review at regulations.gov, including                      6. Network Setup
                                          available to webinar participants.                      Federal Register notices, framework                       G. Test Method and Measurements
                                             DOE will accept comments, data, and                                                                            1. Set-Top Box Warm-Up
                                                                                                  documents, public meeting attendee                        2. Test Configuration Information
                                          information regarding this notice of                    lists and transcripts, comments, and                      3. Test Conduct
                                          proposed rulemaking (NOPR) before and                   other supporting documents/materials.                     4. Calculation of Average Power
                                          after the public meeting, but no later                  All documents in the docket are listed                       Consumption
                                          than April 8, 2013. See section V,                      in the regulations.gov index. However,                    5. On Mode Power Measurement
                                          ‘‘Public Participation,’’ for details.                  not all documents listed in the index                     6. Sleep Mode Power Measurement
                                          ADDRESSES: The public meeting will be                   may be publicly available, such as                        7. Off Mode Power Measurement
                                          held at the U.S. Department of Energy,                  information that is exempt from public                    8. Sleep to On Mode Transition Time
                                          Forrestal Building, Room 8E–089, 1000                   disclosure.                                                  Measurement
                                                                                                                                                            H. Sampling Plan
                                          Independence Avenue SW.,                                   A link to the docket Web page can be
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                                                                                                                                                            I. Method To Calculate the Energy
                                          Washington, DC 20585. To attend,                        found at: http://www1.eere.energy.gov/                       Consumption of a Set-Top Box
                                          please notify Ms. Brenda Edwards at                     buildings/appliance_standards/                         IV. Procedural Issues and Regulatory Review
                                          (202) 586–2945. Please note that foreign                rulemaking.aspx/ruleid/33. This Web                       A. Review Under Executive Order 12866
                                          nationals visiting DOE Headquarters are                 page will contain a link to the docket for                B. Review Under the Regulatory Flexibility
                                          subject to advance security screening                   this notice on the regulations.gov site.                     Act

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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules                                           5077

                                            C. Review Under the Paperwork Reduction               household energy use for STBs and                      written data, views, and arguments with
                                               Act of 1995                                        network equipment is likely to exceed                  respect to the proposed procedure. (42
                                            D. Review Under the National                          100 kilowatt-hours (kWh) per year. 76                  U.S.C. 6293(b)(2)) Since DOE has
                                               Environmental Policy Act of 1969                   FR at 34914 (June 15, 2011).                           tentatively determined that STBs are a
                                            E. Review Under Executive Order 13132
                                                                                                     DOE may prescribe test procedures for               covered product and a test procedure is
                                            F. Review Under Executive Order 12988
                                            G. Review Under the Unfunded Mandates                 any product it classifies as a ‘‘covered               required to determine the energy
                                               Reform Act of 1995                                 product.’’ (42 U.S.C. 6293(b)) Under                   conservation standard for this product,
                                            H. Review Under the Treasury and General              EPCA, the ‘‘Energy Conservation                        a test procedure rulemaking is being
                                               Government Appropriations Act, 1999                Program for Consumer Products Other                    undertaken to provide a test procedure
                                            I. Review Under Executive Order 12630                 Than Automobiles’’ consists essentially                to measure the energy consumption of
                                            J. Review Under Treasury and General                  of four parts: (1) Testing, (2) labeling, (3)          STBs.
                                               Government Appropriations Act, 2001                Federal energy conservation standards,                    In addition to proposing a test
                                            K. Review Under Executive Order 13211                 and (4) certification and enforcement                  procedure to measure the energy
                                            L. Review Under Section 32 of the Federal
                                                                                                  procedures. The testing requirements                   consumption of STBs in on mode, DOE
                                               Energy Administration Act of 1974
                                          V. Public Participation                                 consist of test procedures that                        is proposing test procedures to measure
                                            A. Attendance at Public Meeting                       manufacturers of covered products must                 the energy consumption of STBs in
                                            B. Procedure for Submitting Prepared                  use (1) as the basis for certifying to DOE             sleep mode (an industry term that refers
                                               General Statements for Distribution                that their products comply with the                    to standby mode) and off mode. This is
                                            C. Conduct of Public Meeting                          applicable energy conservation                         consistent with EISA 2007, which
                                            D. Submission of Comments                             standards adopted under EPCA, and (2)                  amended EPCA to require DOE to
                                            E. Issues on Which DOE Seeks Comment                  for making representations about the                   implement a standby and off mode
                                          VI. Approval of the Office of the Secretary             efficiency of those products. Similarly,               energy consumption measurement, if
                                                                                                  DOE must use these test requirements to                technically feasible, in new or existing
                                          I. Authority and Background                             determine whether the products comply                  test procedures that do not have this
                                             Title III of the Energy Policy and                   with any relevant standards                            measurement. Otherwise, DOE must
                                          Conservation Act (42 U.S.C. 6291, et                    promulgated under EPCA.                                prescribe a separate standby and off
                                          seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets forth a                                                                   mode energy test procedure, if
                                                                                                  General Test Procedure Rulemaking
                                          variety of provisions designed to                                                                              technically feasible. (42 U.S.C.
                                                                                                  Process
                                          improve energy efficiency. (All                                                                                6295(gg)(2)(A)) EISA 2007 also requires
                                          references to EPCA refer to the statute                    Under 42 U.S.C. 6293, EPCA sets forth               any final rule establishing or revising
                                          as amended through the Energy                           the criteria and procedures DOE must                   energy conservation standards for a
                                          Independence and Security Act of 2007                   follow when prescribing or amending a                  covered product, adopted after July 1,
                                          (EISA 2007), Public Law 110–140 (Dec.                   test procedure for covered products.                   2010, to incorporate standby mode and
                                          19, 2007)). Part A of Title III of EPCA                 EPCA provides in relevant part that any                off mode energy use into a single
                                          (42 U.S.C. 6291–6309) established the                   test procedure prescribed or amended                   amended or new standard, if feasible.
                                          ‘‘Energy Conservation Program for                       under this section shall be reasonably                 (42 U.S.C. 6295(gg)(3)(A)) DOE
                                          Consumer Products Other Than                            designed to produce test results which                 recognizes that the standby and off
                                          Automobiles,’’ which covers consumer                    measure energy efficiency, energy use or               mode conditions of operation apply to
                                          products and certain commercial                         estimated annual operating cost of a                   STBs, the product covered by this
                                          products (hereafter referred to as                      covered product during a representative                proposed rule. Therefore, in response to
                                          ‘‘covered products’’).1 In addition to                  average use cycle or period of use and                 this requirement, DOE proposes to
                                          specifying a list of covered residential                shall not be unduly burdensome to                      adopt provisions in the test procedure to
                                          and commercial products, EPCA                           conduct. (42 U.S.C. 6293(b)(3))                        measure the energy use in standby and
                                          contains provisions that enable the                        In addition, if DOE determines that a               off mode for STBs. Because ‘sleep’ is the
                                          Secretary of Energy to classify                         test procedure amendment is warranted,                 term used by industry for indicating that
                                          additional types of consumer products                   it must publish a proposed test                        a STB is in standby mode, DOE is using
                                          as covered products. (42 U.S.C.                         procedure and offer the public an                      the term ‘sleep mode’ to refer to standby
                                          6292(a)(20)) For a given product to be                  opportunity to present oral and written                mode in today’s NOPR. The proposed
                                          classified as a covered product, the                    comments on it. (42 U.S.C. 6293(b)(2))                 approach for measuring the power
                                          Secretary must determine that:                          Finally, in any rulemaking to amend a                  consumption in sleep and off modes is
                                             Classifying the product as a covered                 test procedure, DOE must determine to                  discussed in sections III.G.6 and III.G.7,
                                          product is necessary or appropriate to                  what extent, if any, the proposed test                 respectively.
                                          carry out the purposes of EPCA; and                     procedure would alter the measured                        In June 2011, DOE published the 2011
                                             The average annual per-household                     energy efficiency of any covered                       proposed determination that tentatively
                                          energy use by products of such type is                  product as determined under the                        determined that STBs and network
                                          likely to exceed 100kWh per year. (42                   existing test procedure. (42 U.S.C.                    equipment meet the criteria for covered
                                          U.S.C. 6292(b)(1))                                      6293(e)(1)) If DOE determines that the                 products. 76 FR at 34914 (June 15,
                                             Under this authority, DOE published                  amended test procedure would alter the                 2011). If DOE issues a final
                                          a notice of proposed determination (the                 measured efficiency of a covered                       determination that STBs are a covered
                                          2011 proposed determination), that                      product, DOE must amend the                            product, it may establish a test
                                          tentatively determined that STBs and                    applicable energy conservation standard                procedure and energy conservation
                                          network equipment qualify as a covered                  accordingly. (42 U.S.C. 6293(e)(2))                    standard for STBs. To initiate this
                                          product because classifying products of                    EPCA specifies that if the Secretary                rulemaking process, DOE published a
                                          such type as a covered product is                       determines that a test procedure should                request for information (RFI) document
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                                          necessary or appropriate to carry out the               be prescribed for a covered product, a                 on December 16, 2011 (the 2011 RFI),
                                          purposes of EPCA, and the average U.S.                  proposed test procedure should be                      requesting stakeholders to provide
                                                                                                  published in the Federal Register and                  technical information regarding various
                                            1 For editorial reasons, upon codification in the     interested persons should be provided                  test procedures used by industry to
                                          U.S. code, Part B was re-designated Part A.             an opportunity to present oral and                     measure the energy consumption of

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5078                 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules

                                          STBs and network equipment. 76 FR at                    proposes a metric to calculate the                     consumption of the STB in sleep mode,
                                          78174. Such industry test procedures                    annual energy consumption (AEC) of                     DOE developed the test procedure from
                                          included the ENERGY STAR® program’s                     the STB. DOE’s proposed metric                         the sleep mode test procedure specified
                                          specification, ENERGY STAR Program                      combines the rated values of STB power                 in the draft CEA–2043 standard. Sleep
                                          Requirements for Set-top Boxes, Version                 consumption in each mode of operation                  mode as defined in the CEA standard
                                          3.0 (ENERGY STAR specification),2                       with the expected time spent in the                    meets the definition of standby mode as
                                          Consumer Electronics Association’s                      respective mode. The time weightings                   outlined in EISA 2007. (42 U.S.C.
                                          (CEA) standards ANSI 3/CEA–2013–A 4                     used to calculate the typical energy                   6295(gg)) As discussed in Authority and
                                          and ANSI/CEA–2022,5 Canadian                            consumption (TEC) in the ENERGY                        Background, section I of this NOPR,
                                          Standards Association’s (CSA) test                      STAR specification were used as a
                                                                                                                                                         DOE proposes to use the industry term
                                          procedure C380–08,6 as well as                          starting point to develop the time
                                                                                                                                                         ‘sleep’ mode in place of standby for this
                                          International Electrochemical                           weightings for the AEC metric proposed
                                          Commission’s (IEC) standard IEC                         in today’s NOPR.                                       test. For the sleep mode test, DOE
                                          62087.7. Id. In the 2011 RFI, DOE also                                                                         proposes two tests: (1) a manual sleep
                                                                                                  II. Summary of the Notice of Proposed                  test in which the STB enters sleep mode
                                          solicited comments on the key issues
                                                                                                  Rulemaking                                             through a user action on the remote
                                          affecting the development of a new test
                                          procedure. Today’s NOPR has been                           In this NOPR, DOE proposes: (1) A                   control; and, (2) an auto power down
                                          developed based on DOE’s research and                   test procedure for determining the                     (APD) test in which the STB
                                          analysis of existing and draft versions of              energy consumption of STBs in the on,                  automatically enters sleep mode after a
                                          industry standards, that prescribe test                 sleep, and off modes; (2) a method for                 period of user inaction. For both sleep
                                          procedures for testing STBs, as well as                 determining the ratings of power                       mode tests, an average power
                                          stakeholder responses to the key issues                 consumption in the on, sleep, and off                  measurement over a period of at least 4
                                          discussed in the 2011 RFI.                              modes for a given basic model of STB;                  hours and up to a maximum of 8 hours
                                             In this NOPR, DOE proposes                           and, (3) a metric to calculate the AEC of              is recorded as discussed in section
                                          measurement tests to determine the                      the STB. DOE also proposes to exclude                  III.G.6. For testing the power
                                          power consumption of STBs in the on,                    network equipment from the scope of                    consumption of the STB in off mode,
                                          sleep, and off modes. Pursuant to the                   this rulemaking, which is discussed in                 DOE proposes an average measurement
                                          National Technology Transfer and                        further detail in section III.B of this
                                                                                                                                                         over 2 minutes after the STB has been
                                          Advancement Act of 1995 (Pub. L. 104–                   NOPR.
                                                                                                     DOE’s proposed test procedure for                   placed in off mode. The proposed off
                                          113), which directs Federal agencies to
                                                                                                  determining the energy consumption of                  mode measurement test is discussed in
                                          use voluntary consensus standards in
                                                                                                  the STB is largely developed from the                  further detail in section III.G.7.
                                          lieu of Government standards whenever
                                          possible, DOE proposes a STB test                       draft CEA–2043 standard. The draft                        In addition to proposing measurement
                                          procedure that has primarily been                       CEA–2043 standard was issued as an                     tests to measure the power consumption
                                          developed from the draft CEA–2043 8                     email ballot to CEA’s working group                    of the STB in the different modes of
                                          standard, currently under development                   members for vote on November 27,                       operation, DOE is proposing a sampling
                                          by a CEA working group that includes                    2012. The standard specifies the                       plan that requires testing of at least two
                                          representatives of the STB industry.                    definitions, measurement criteria, and                 STBs for each basic model, to determine
                                          This draft standard provides the                        the test methods for determining the                   the power consumption in each mode of
                                          definitions, measurement criteria, and                  power consumption of the STB in                        operation and the application of
                                          test procedures for testing the specific                different modes of operation. DOE
                                                                                                                                                         tolerances for determining the rating of
                                          modes of STBs. DOE also proposes a                      reviewed several approaches for testing
                                                                                                                                                         a given basic model, as discussed in
                                          method for determining the ratings of                   the power consumption of STBs and
                                                                                                  determined that the test procedure                     further detail in section III.H.
                                          power consumption in the on, sleep,
                                          and off modes for a given basic model                   specified in the draft CEA–2043                           Finally, DOE is proposing a metric to
                                          of STB, which includes the number of                    standard is representative and generates               calculate the AEC of the STB from the
                                          units that must be tested and the                       repeatable power consumption values.                   rated power consumption in the on,
                                          statistical tolerances. Finally, DOE                    This determination was made based on                   sleep, and off modes of operation. The
                                                                                                  discussions with industry experts as                   proposed metric combines the rated
                                            2 ENERGY STAR® Program Requirements for Set-          well as through DOE’s internal research                power consumption values of the STB
                                          top Box Service Providers. Version 3.0.                 and analysis. Additionally, DOE has                    in the different modes of operation into
                                          www.energystar.gov/ia/partners/product_specs/           proposed some modifications to the test
                                          program_reqs/STB_Version_3_Program_                                                                            a single metric based on the expected
                                          Requirements_Service_Providers.pdf?38d7-750d.           procedure specified in the draft CEA–                  time spent in each mode of operation
                                            3 American National Standards Institute.              2043 standard as discussed in sections                 such that it is representative of the
                                            4 ANSI/CEA Standard. ‘‘Digital STB Background         III.D through III.G.                                   STB’s annual energy use. The time
                                          Power Consumption.’’ ANSI/CEA–2013–A. July                 DOE’s proposed test procedure for
                                          2007.                                                                                                          weightings used to calculate TEC in the
                                                                                                  determining the power consumption of
                                            5 ANSI/CEA Standard. ‘‘Digital STB Active Power                                                              ENERGY STAR specification were used
                                                                                                  a STB in on mode is comprised of two
                                          Consumption Measurement.’’ ANSI/CEA–2022. July                                                                 as the starting point to develop the time
                                          2007.                                                   main tests: (1) An on (watch television
                                            6 Canadian Standards Association. ‘‘Test              (TV)) test that records the power                      weightings that are proposed for the
                                          Procedure for the Measurement of Energy                 consumption when a channel is viewed;                  AEC metric. DOE believes that the
                                          Consumption of Set-top Boxes (STBs).’’ C380–08.         and, (2) a multi-stream test that                      proposed test procedure will accurately
                                          August 2008.                                                                                                   represent the energy consumption of
                                            7 International Standard. ‘‘Methods of                evaluates different functions of multi-
                                          measurement for the power consumption of audio,         streaming STBs depending on its                        STBs by capturing the AEC in on, sleep,
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                                          video and related equipment.’’ Edition 3.0 2011–04.     capabilities, such as channel viewing,                 and off modes. The AEC metric is
                                          Section 8.                                              recording, and playback. The proposed                  discussed in further detail in section
                                            8 Draft CEA–2043. ‘‘Set-top Box (STB) Power
                                                                                                  tests for on mode are discussed in                     III.I.
                                          Measurement.’’ The version referenced in today’s
                                          NOPR was issued as an email ballot, for vote, to the    further detail in section III.G.5 of the
                                          R04WG13 working group on November 27, 2012.             NOPR. For testing the power

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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules                                           5079

                                          III. Discussion                                         Consortium for Energy Efficiency (CEE)                 NOPR, DOE received comments about
                                                                                                  commented that they support the                        the exclusion of specific models of
                                          A. Effective Date and Compliance Date
                                                                                                  development of a test procedure for                    STBs. Sidley Austin LLP (Sidley Austin)
                                          of Test Procedure
                                                                                                  STBs that accurately measures STB                      commented that during a meeting
                                             If adopted, the effective date for this              energy consumption by simulating                       between DOE, AT&T, and Sidley Austin
                                          test procedure would be 30 days after                   actual usage by consumers. (CEE, No.                   on March 7, 2012, AT&T representatives
                                          publication of the test procedure final                 0028 at p. 1) Further, the joint response              suggested that AT&T’s U-verse®
                                          rule in the Federal Register. At that                   of DISH Network L.L.C. (DISH),                         receivers should not be covered under
                                          time, the new metrics and any other                     EchoStar Technologies L.L.C.                           any test procedure or energy
                                          measure of energy consumption which                     (EchoStar), and DIRECTV L.L.C.                         conversation standard rulemaking
                                          depends on these metrics may be                         (DIRECTV), commented that this                         because the product already uses less
                                          represented pursuant to the final rule.                 rulemaking should be limited to STBs                   power than other STBs and does not
                                          Compliance with the new test procedure                  and should not include network                         meet the annual 100 kWh statutory
                                          and sampling plans for representation                   equipment. (DISH, EchoStar, DIRECTV,                   threshold set by EPCA for covered
                                          purposes would be required 180 days                     No. 0030 at p. 1) The National Cable &                 products to be regulated. (Sidley Austin
                                          after the date of publication of the test               Telecommunications Association                         LLP, No. 0024 at p. 2) Sidley Austin
                                          procedure final rule. On or after that                  (NCTA) commented that if DOE                           further commented that AT&T’s U-
                                          date, any such representations,                         proceeded with a rulemaking, the scope                 verse® is one of the most energy
                                          including those made on marketing                       of this rulemaking should include STBs                 efficient STBs on the market and is
                                          materials, Web sites (including                         that are defined as any non-gateway                    continuing to improve its efficiency.
                                          qualification with a voluntary or State                 devices. (NCTA, No. 0034 at p. 43) DOE                 (Sidley Austin LLP, No. 0024 at p. 2)
                                          program), and product labels shall be                   also received a comment in support of                  Next, AT&T commented that DOE
                                          based upon results generated under the                  a test procedure for network equipment.                should refrain from promulgating a test
                                          final test procedure proposed to be                     The joint comment response of                          procedure or energy efficiency standard
                                          included in Appendix AA to Subpart B                    Appliance Standards Awareness Project                  for Internet Protocol TV (IPTV) receivers
                                          of 10 CFR Part 430 as well as the                       (ASAP), American Council for an                        because the energy use of IPTV STBs
                                          sampling plan in 10 CFR Part 429.                       Energy-Efficient Economy (ACEEE), and                  does not meet the statutory threshold for
                                             The final DOE test procedure shall be                Consumer Federation of America (CFA)                   these boxes to be regulated. (AT&T, No.
                                          utilized or referenced by all other                     encouraged DOE to continue                             0032 at p. 5) DOE considers that today’s
                                          organizations, such as U.S.                             investigating both network equipment                   test procedure NOPR is applicable to
                                          Environmental Protection Agency (EPA)                   and STBs in order to realize energy                    any STB, including IPTV, as defined in
                                          for its ENERGY STAR specification for                   savings for consumers as well as other                 section III.D.1 and will address the
                                          STBs, the California Energy Commission                  economic and environmental benefits.                   scope of coverage for any energy
                                          (CEC) and any other state regulation                    (ASAP, ACEEE, CFA, No. 0025 at p. 1–                   conservation standard during that
                                          providing for the disclosure of                         5) These commenters did not                            rulemaking, if required.
                                          information with respect to any measure                 recommend any specific test method for                    DOE also received several comments
                                          of STB energy consumption once the                      testing network equipment but                          on the coverage of low noise block-
                                          test procedure becomes effective 30                     suggested that DOE should look into                    downconverters (LNBs), auxiliary boxes,
                                          days after the test procedure final rule                existing test methods that were                        optical network terminals (ONTs), and
                                          publication. The final rule will                        identified during the development of                   standalone digital video recorders
                                          supersede any existing state test                       the ENERGY STAR specification for                      (DVRs). The Natural Resources Defense
                                          procedure for STBs to the extent the                    small network equipment.10 (ASAP,                      Council (NRDC) recommended
                                          state regulation requires testing in a                  ACEEE, CFA, No. 0025 at p. 3)                          including all of these products in the
                                          manner other than that required by the                     Based on stakeholder feedback, DOE                  scope of this rulemaking. (NRDC, No.
                                          final DOE test procedure. (42 U.S.C.                    proposes to exclude network equipment                  0017 at p. 2) NRDC further commented
                                          6297(a)(1))                                             from the scope of this NOPR and focus                  that once ONTs are installed, they are
                                                                                                  exclusively on STBs. DOE proposes that                 not removed when service is
                                          B. Products Covered by This                             the scope of today’s proposed                          terminated. If a customer switches to a
                                          Rulemaking                                              rulemaking is to capture the energy                    service provider that does not require an
                                            In the 2011 RFI, DOE requested                        consumption of STBs that primarily                     ONT, this unit could continue drawing
                                          comment on the scope of the STB and                     receive and output video content. DOE                  power without being used. (NRDC, No.
                                          network equipment test procedure                        proposes to define STBs as described in                0017 at p. 2) Conversely, DISH,
                                          rulemaking. DOE received some                           section III.D.1 below. DOE will continue               EchoStar, and DIRECTV commented
                                          comments that network equipment                         to evaluate the need for a test procedure              that LNBs should not be included in the
                                          should not be included in the scope of                  for network equipment.                                 scope of this rulemaking. They
                                          the rulemaking, and received some                          In addition to receiving comments on                commented that LNBs can consume
                                          comments in favor of developing a                       the overall scope of coverage of today’s               varied power in different configurations.
                                          Federal test procedure for STBs. Verizon                                                                       (DISH, EchoStar, DIRECTV, No. 0030 at
                                          commented that DOE should not                           (Docket No. EERE–2011–BT–NOA–0067), which is           p. 5) Further, the outdoor unit (ODU)
                                          identify network equipment as a                         maintained at www.regulations.gov. This notation       that consists of a receiving dish, LNB,
                                                                                                  indicates that the statement preceding the reference   and radio frequency (RF) switch would
                                          covered product and should clarify that                 is document number [0032 as assigned in
                                          only ‘‘traditional, dedicated’’ STBs                    regulations.gov] in the docket for the STB test
                                                                                                                                                         need to be specified in detail to test
                                          would be subject to any test procedure                  procedure rulemaking, and appears at page 5 of that    these units in a repeatable fashion.
                                                                                                  document.                                              Finally, the power consumption of the
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                                          or energy conservation standard.
                                          (Verizon, No. 0032 at p. 5) 9 The
                                                                                                     10 ENERGY STAR Small Network Equipment.
                                                                                                                                                         ODU devices varies with weather and
                                                                                                  ‘‘Draft Specification Framework Document.’’            location. (DISH, EchoStar, DIRECTV,
                                                                                                  October 2009. www.energystar.gov/ia/partners/
                                            9 A notation in this form provides a reference for    prod_development/new_specs/downloads/small_            No. 0030 at p. 11)
                                          information that is in the docket of DOE’s              network_equip/SNE_Draft_Framework_V1_0.pdf?               Because of the complexity associated
                                          rulemaking to develop a test procedure for STBs         ecf4-2f7e.                                             with these equipment and the

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5080                 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules

                                          significant operational differences from                respectively. The standards do not                     body that is accredited by ANSI.11 CEA–
                                          STBs, DOE does not propose to include                   contain detailed information about                     2043 is being developed under the CEA
                                          LNBs, ONTs, ODUs, or other                              testing and setup for the different modes              R04 WG13 STB Energy Consumption
                                          infrastructure devices that do not                      of operation. As discussed, CEA is also                working group, which falls under the
                                          directly deliver TV signals to a                        developing a new standard, CEA–2043,                   CEA Technology & Standards program.
                                          consumer display to be in the scope of                  that is currently in draft form but will               DOE representatives have observed the
                                          this rulemaking.                                        supersede CEA standards ANSI/CEA–                      development of CEA–2043, attended
                                            DOE requests comment on focusing                      2013A and ANSI/CEA–2022 once it is                     conference call meetings between STB
                                          the scope of today’s rulemaking to STBs                 published. Therefore, DOE did not refer                manufacturers and energy advocates
                                          and excluding network equipment.                        to ANSI/CEA–2013A and ANSI/CEA–                        during draft revisions, and have been
                                          Further, DOE seeks additional                           2022 to develop today’s proposed rule;                 included on all notes and
                                          information and comment related to the                  instead it refers to the draft CEA–2043                documentation from the CEA R04 WG13
                                          development of a test procedure for                     standard.                                              STB Energy Consumption working
                                          LNBs, ONTs, ODUs, or other                                The CSA test procedure, C380–08,                     group. Today’s NOPR has primarily
                                          infrastructure devices and the standard                 specifies test conditions and setup                    been developed using the draft version
                                          configuration in which these products                   requirements that are also referenced in               of the CEA–2043 standard that was
                                          should be tested.                                       the ENERGY STAR specification and are                  issued as an email ballot to members of
                                          C. Industry Set-Top Box Test Procedures                 the same as those specified in the draft               the working group for a vote on
                                                                                                  CEA–2043 standard. The C380–08                         November 27, 2012. However, DOE is
                                             While developing the proposed test                   standard specifies test procedures for                 proposing some modifications, which
                                          procedure for STBs, DOE researched                      determining energy consumption in the                  are discussed in sections III.D through
                                          existing and draft test procedures that                 on and sleep modes of operation, from                  III.G.
                                          measure STB energy consumption, as                                                                                The draft version of the CEA–2043
                                                                                                  which the ENERGY STAR specification
                                          discussed in the 2011 RFI. DOE received                                                                        standard was in a 30 day voting period
                                                                                                  was developed. Therefore, DOE does not
                                          a comment from CEA stating that it                                                                             that ended on December 28, 2012. Once
                                                                                                  reference this CSA test procedure in the
                                          should not duplicate the private sector’s                                                                      the final CEA–2043 standard is
                                                                                                  NOPR because the information specified
                                          development of a consensus standard                                                                            published, it will be available on CEA’s
                                                                                                  in the CSA test procedure is also
                                          test procedure for measuring the power                                                                         Web site at http://www.ce.org/
                                                                                                  included in the ENERGY STAR
                                          consumption of STBs. (CEA, No. 0031 at                                                                         Standards/Standard-Listings.aspx. DOE
                                                                                                  specification.
                                          p. 3) DOE agrees with CEA and is                                                                               requests comment on using the draft
                                                                                                    IEC 62087 provides specification for
                                          proposing a test procedure for STBs that                                                                       CEA–2043 standard as the basis for
                                                                                                  testing the STB at different input signal
                                          is largely based on standards accepted                                                                         today’s proposed test procedure for
                                          and developed by industry. The                          levels and different input terminals
                                                                                                  depending on the type of the STB. The                  STBs.
                                          standards that were reviewed to develop
                                          this test procedure NOPR include the                    standard provides test procedures for                  D. Definitions
                                          ENERGY STAR specification, CEA                          determining power consumption in the
                                                                                                  on and sleep modes. In the on mode,                    1. Definition of Set-Top Boxes
                                          standards ANSI/CEA–2013A, ANSI/
                                                                                                  IEC 62087 specifies tests in the play,                    Because there are no statutory
                                          CEA–2022, the draft CEA–2043
                                                                                                  record, and multi-function (with single                definitions for STBs under EPCA
                                          standard, CSA test procedure C380–08,
                                                                                                  and multiple tuners) modes. In sleep                   currently, DOE proposes to develop a
                                          as well as IEC standard IEC 62087.
                                             The ENERGY STAR specification                        mode, it specifies tests at the active                 definition for STBs. Cisco commented
                                          includes a test method for determining                  high, active low, and passive modes.                   that defining STBs as traditional STBs
                                          the power consumption of the STB in                     DOE refers to IEC 62087 to support                     would capture only some of the ways in
                                                                                                  some of its proposed requirements.                     which video program is delivered and a
                                          different modes of operation. The
                                                                                                    DOE primarily focused on the draft                   broader definition that is designed to
                                          ENERGY STAR test method provides
                                                                                                  CEA–2043 standard to develop the test                  encompass all means by which a
                                          the test setup, test conduct,
                                                                                                  procedure for STBs that is proposed in                 consumer could receive video signals
                                          initialization requirements, and test
                                                                                                  this NOPR. The draft CEA–2043                          from multichannel video programming
                                          procedures for testing the STB in many
                                                                                                  standard specifies the test conditions                 distributors (MVPD) could inadvertently
                                          different modes of operation. These
                                                                                                  and test setup at which power                          bring tablet computers, computers,
                                          include, in the on mode: watching TV,
                                                                                                  consumption of the STB should be                       gaming consoles, and smartphones
                                          recording to a DVR and removable
                                                                                                  measured. These include the modes of                   under this regulation. (Cisco Systems,
                                          media, and playing back recorded
                                                                                                  operation of the STB, test room and                    Inc., No. 0027 at p. 11) DOE
                                          content from a DVR and removable
                                                                                                  equipment requirements, and                            understands these concerns and is
                                          media. In the sleep mode, the test                                                                             proposing a definition that captures
                                          procedures include: sleep mode, APD,                    measurement tests for determining the
                                                                                                  power consumption in each mode of                      more than just traditional STBs, while
                                          and deep sleep. Finally, the ENERGY                                                                            mitigating the issues associated with a
                                          STAR test method also includes a                        operation. DOE also referred to the
                                                                                                  ENERGY STAR specification to develop                   broader definition of STBs. The
                                          method for testing a STB that has multi-                                                                       proposed definition would be included
                                          room capability. The ENERGY STAR                        some of the proposed requirements,
                                                                                                  such as the AEC metric, that are not                   in 10 CFR Part 430.2 and would define
                                          test method was developed based on the                                                                         STBs as ‘‘a device combining hardware
                                          CSA test procedure, C380–08. DOE                        specified in the draft CEA–2043
                                                                                                  standard. In review of CEA–2043, DOE                   components with software programming
                                          referred to some sections of the                                                                               designed for the primary purpose of
                                          ENERGY STAR specification to develop                    found that CEA is a leading organization
                                                                                                  that connects consumer electronics                     receiving television and related services
                                          today’s NOPR, which are discussed in
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                                                                                                  manufacturers, retailers, and other                    from terrestrial, cable, satellite,
                                          detail in sections III.D to III.I.                                                                             broadband, or local networks, providing
                                             The ANSI/CEA–2022 and ANSI/CEA–                      interested parties to develop industry
                                          2013A provide an overview to                            accepted electronics test procedures.                    11 ‘‘ANSI-Accredited Standard Developers.’’ www.
                                          determine the power consumption of                      The CEA Technology & Standards                         ansi.org/about_ansi/accredited_programs/overview.
                                          STBs in the on, sleep and off modes,                    program is CEA’s standards making                      aspx?menuid=1.

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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules                                                   5081

                                          video output using at least one direct                  that its primary purpose is receiving and              over two channels: luminance and
                                          video connection.’’                                     outputting video. DOE believes it is                   color.
                                             DOE also proposes to include a                       important for the definition of a STB to                  For the definitions of Component
                                          definition for direct video connection,                 include both software and hardware                     Video and HDMI, DOE proposes to
                                          in 10 CFR Part 430.2, as ‘‘any                          because the underlying hardware for a                  incorporate by reference two industry
                                          connection type that is one of the                      STB could look much like a general                     standards that are used to define these
                                          following: High-Definition Multimedia                   purpose computer, but the software                     terms. Specifically, DOE proposes to
                                          Interface (HDMI), Component Video, S-                   added to such hardware distinguishes                   define Component Video as a
                                          Video, Composite Video, or any other                    the unit allowing it to function as a STB.             connection that meets the requirements
                                          video interface that may be used to                     Further, the proposed DOE definition                   found in CEA–770.3–D.12 For HDMI,
                                          output video content.’’                                 does not include specific devices to                   DOE is proposing to define it as a
                                             DOE’s proposed definition of STBs is                 which the content is delivered, while                  connection that meets the requirements
                                          different from the definition specified in              the draft CEA–2043 definition specifies                found in the HDMI Specification
                                          section 4 of the draft CEA–2043                         that the content is delivered to a display             Version 1.0.13 DOE believes these
                                          standard. That standard defines a STB                   device, recording device, or client. In                industry standards provide the
                                          as ‘‘a device that receives video content               lieu of specifying the types of devices to             appropriate information for defining the
                                          which is then delivered to a display                    which the content may be delivered,                    Component Video and HDMI
                                          device, recording device, or client’’.                  DOE’s proposal specifies the types of                  connections and has therefore
                                          DOE did not adopt CEA’s definition in                   video connections that may be used,                    incorporated these standards by
                                          the NOPR because DOE believes the                       since, at a minimum, a STB must                        reference in section 430.3 of Subpart A
                                          definition is vague and can include such                deliver content to a video device.                     of 10 CFR Part 430.
                                          devices in the scope of this rulemaking                 Including detail about the direct video                   In the 2011 proposed determination,
                                          that are not, in fact, STBs. According to               connections that are permissible ensures               DOE proposed a definition for STBs and
                                          the definition specified in the draft                   that devices that do not primarily                     network equipment as ‘‘a device whose
                                          CEA–2043 standard, any device that can                  deliver content to a video device do not               principal function(s) are to receive
                                          receive video content and can deliver it                meet the proposed definition. For                      television signals (including, but not
                                          to display device, recording device, or                 example, devices that receive and                      limited to, over-the-air, cable
                                          client is a STB. Under this definition,                 transmit information solely through a                  distribution system, and satellite
                                          devices such as a smartphone could                      network interface and do not have a                    signals) and deliver them to another
                                          potentially be included under the scope.                video output would not be considered a                 consumer device, or to pass Internet
                                          DOE believes these devices should not                   STB under DOE’s proposed regulatory                    Protocol traffic among various network
                                          be included because the scope of today’s                definition, but would be considered a                  interfaces.’’ 76 FR at 34915 (June 15,
                                          rulemaking is to capture the energy use                                                                        2011). DOE received several comments
                                                                                                  STB if the draft CEA–2043 standard’s
                                          for those devices that primarily receive                                                                       about this definition from stakeholders.
                                                                                                  definition were adopted. DOE believes
                                          and output video content. Because the                                                                          The Northwest Energy Efficiency
                                                                                                  that today’s proposed test procedure
                                          primary use of a device such as a                                                                              Alliance (NEEA) suggested a new
                                                                                                  would not make appropriate
                                          smartphone or gaming console is not to                                                                         definition for STBs that accounts for the
                                                                                                  representations of energy consumption
                                          output video content, today’s test                                                                             fact that these devices serve a broader
                                                                                                  for devices that do not provide a direct
                                          procedure would not make adequate                                                                              function than to simply relay TV
                                                                                                  video output, and therefore, has
                                          energy representations of these                                                                                signals. (EERE–2010–BT–DET–0040,
                                                                                                  proposed this definition to narrow the
                                          products. DOE believes that                                                                                    NEEA, No. 0006 at p. 2) AT&T and the
                                                                                                  scope compared to the CEA–2043
                                          smartphones do not meet the definition                                                                         California Investor Owned Utilities (CA
                                          of a STB under today’s proposed                         standard.                                              IOUs) commented that DOE should
                                          definition.                                                Finally, to further aid in defining the             adopt the definition of STB that has
                                             DOE does not propose to use the                      scope of coverage of this rulemaking,                  been developed by the ENERGY STAR
                                          definition specified in the draft CEA–                  DOE proposes to include definitions for                program because it is well known by
                                          2043 standard. Instead, DOE developed                   Component Video, Composite Video,                      industry. (EERE–2010–BT–DET–0040,
                                          a definition for STBs that includes                     HDMI, and S-Video in the test                          AT&T, No. 0008 at p. 9) (EERE–2010–
                                          specific detail about the types of                      procedure. These terms are all used in                 BT–DET–0040, CA IOUs, No. 0011 at p.
                                          networks the device can receive video                   the definition for direct video                        2) Further, the Northeast Energy
                                          content from and the allowable output                   connection, which is used to define                    Efficiency Partnerships (NEEP)
                                          connections for delivering the video                    STBs. DOE proposes to define these                     commented that STBs and network
                                          content. The types of networks from                     terms in section 430.2 of subpart A of                 equipment should have a single
                                          which content could be received—                        10 CFR part 430 as follows:                            definition because they perform similar
                                          terrestrial, cable, satellite, broadband, or               Component Video: Component Video                    functions. (EERE–2010–BT–DET–0040,
                                          local networks—are all networks that                    is a video display interface that meets                NEEP, No. 0010 at p. 2) In contrast, the
                                          are commonly used for STBs. In fact,                    the specification in CEA–770.3–D.                      CA IOUs commented that separated
                                          STBs are often defined by their base                       Composite Video: Composite Video is                 definitions should be adopted for STBs
                                          type functionality, which generally                     a video display interface that uses a                  and network equipment to explicitly
                                          includes the network type used. This                    Radio Corporation of America (RCA)                     describe the products covered. (EERE–
                                          information was also included in the                    connection to transmit National                        2010–BT–DET–0040, CA IOUs, No.
                                          definition for STBs in an older draft of                Television System Committee (NTSC)                     0011 at p. 2) NCTA commented that
                                          the CEA–2043 standard and DOE                           analog video.                                          STBs and network equipment vary too
                                          proposes to include it to add specificity                  HDMI: High-Definition Multimedia
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                                          to the STB definition. Additionally,                    Interface or HDMI is an audio/video                      12 CEA Standard. ‘‘High Definition TV Analog

                                          DOE’s proposed definition refers to a                   interface that meets the specification in              Component Video Interface.’’ CEA–770.3–D.
                                                                                                                                                         Approved February 2008.
                                          device that is manufactured when both                   HDMI Specification Version 1.0.                          13 ‘‘High-Definition Multimedia Interface
                                          the hardware components and the                            S-Video: S-Video is a video display                 Specification.’’ Informational Version 1.0.
                                          software is loaded on the device such                   interface that transmits analog video                  Approved September 4, 2003.

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5082                 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules

                                          much to fit under one definition and                    proposed determination may be too                      characteristics that affect energy
                                          that network equipment should be                        broad for the purposes of the STB test                 consumption, energy efficiency, water
                                          dropped from the rulemaking. (EERE–                     procedure rulemaking. The definition of                consumption, or water efficiency; and
                                          2010–BT–DET–0040, NCTA, No. 0017 at                     ‘‘principal function’’ could be                           (1) With respect to general service
                                          p. 8, 22) NRDC commented that the part                  ambiguous; it is not explicit whether the              fluorescent lamps, general service
                                          of the definition that states ‘‘the                     principal function is based on how the                 incandescent lamps, and incandescent
                                          principal function(s) are to receive TV                 device is used by the consumer or how                  reflector lamps: Lamps that have
                                          signals’’ should be expanded because                    the manufacturer intends the device to                 essentially identical light output and
                                          STBs receive more types of signals than                 be used. Further, the definition in the                electrical characteristics—including
                                          TV signals. (EERE–2010–BT–DET–0040,                     2011 proposed determination does not                   lumens per watt (lm/W) and color
                                          NRDC, No. 0012 at p. 5) CEA                             explicitly state that video content                    rendering index (CRI).
                                          commented that DOE should adopt the                     should be delivered using a direct video                  (2) With respect to faucets and
                                          definition that will be specified in the                connection, which is included in the                   showerheads: Have the identical flow
                                          new CEA standard and should compare                     definition proposed in today’s NOPR.                   control mechanism attached to or
                                          the proposed STB definition to the                      As discussed previously, specifying that               installed within the fixture fittings, or
                                          Federal Communications Commission’s                     the device should deliver video content                the identical water-passage design
                                          (FCC) definition of ‘‘navigation device’’               using a direct video connection ensures                features that use the same path of water
                                          to avoid defining the same product                      that devices that do not use this                      in the highest flow mode.’’
                                          category differently. (EERE–2010–BT–                    connection are excluded from the                          For today’s NOPR, DOE reviewed this
                                          DET–0040, CEA, No. 0014 at p. 3) CEA                    proposed definition of STB. Therefore,                 definition of a basic model and has
                                          also commented that the definition of                   DOE has proposed a new definition                      determined that the definition of basic
                                          STBs should not include a device with                   solely for STBs as discussed in the                    model codified in 10 CFR Part 430.2 is
                                          gateway functionality, such as devices                  above paragraph.                                       applicable to STBs. For STBs, the
                                          that terminate the service provider or IP                  DOE also considered defining a STB                  ‘identical electrical, physical, and
                                          network for multiple devices in a home,                 using the base types included in the                   functional characteristics’ that identify
                                          because such a definition would                         ENERGY STAR specification. However,                    two units as being the same basic model
                                          combine video and non-video related                     the ENERGY STAR definition is more                     would also cover software download or
                                          devices and would include many                          suited to differentiating product types                hardware integration. This is because
                                          different products such as networking                   for the purposes of efficiency levels,                 hardware components and software
                                          switch, hub, Wireless-Fidelity (Wi-Fi) 14               which is not necessary when it comes                   programming can change the functional
                                          access point, Ethernet extending                        to defining scope of coverage for DOE’s                or physical characteristics of the box
                                          devices, and possibly the entire category               regulatory program.                                    that affect energy consumption and/or
                                          of home automation, security and smart                     In conclusion, DOE proposes to define               energy efficiency. Thus, in order for
                                          grid products. (EERE–2010–BT–DET–                       STBs as ‘‘a device combining hardware                  multiple STBs to be in the same basic
                                          0040, CEA, No. 0014 at p. 4) Finally,                   components with software programming                   model they must have essentially the
                                          CEA, Verizon, and the                                   designed for the primary purpose of                    same software downloads and hardware
                                          Telecommunications Industry                             receiving television and related services              integration. Additionally, for today’s
                                          Association (TIA) commented that the                    from terrestrial, cable, satellite,                    proposed rule, DOE also believes that
                                                                                                  broadband, or local networks, providing                two STB units are considered to be the
                                          phrase ‘‘to pass Internet Protocol traffic
                                                                                                  video output using at least one direct                 same basic model if they have the same
                                          among various network interfaces’’
                                                                                                  video connection.’’ DOE invites                        multi-streaming and DVR functionality
                                          should be excluded from the proposed
                                                                                                  comment on this proposed definition of                 as described in section III.D.4.
                                          definition as they believe the scope of
                                                                                                  STBs. In particular, DOE requests                         DOE invites comment on the
                                          the rulemaking is to only cover video
                                                                                                  comment about whether the proposed                     discussion of basic model as it pertains
                                          related devices. (EERE–2010–BT–DET–
                                                                                                  definition is specific enough to exclude               to the STB rulemaking.
                                          0040, Verizon, No. 0015 at p. 4) (EERE–
                                                                                                  non-STB devices such as gaming
                                          2010–BT–DET–0040, TIA, No. 0040 at                                                                             3. Manufacturer of a Set-Top Box
                                                                                                  consoles and smartphones, yet broad
                                          p. 4)
                                                                                                  enough to cover traditional STBs as well                  DOE considers today’s proposed test
                                            DOE reviewed the comments it
                                                                                                  as newer STBs. DOE also requests                       procedure applicable to any person that
                                          received on the 2011 proposed
                                                                                                  comment on the proposed definitions                    meets the definition of manufacturer
                                          determination and preliminarily
                                                                                                  for direct video connection, Component                 under EPCA as it relates to STBs. EPCA
                                          concluded that it will not continue with
                                                                                                  Video, Composite Video, HDMI, and S-                   defines the term ‘‘manufacture’’ as ‘‘to
                                          the definition proposed for STBs and
                                                                                                  Video.                                                 manufacture, produce, assemble, or
                                          network equipment in the 2011
                                                                                                                                                         import.’’ (42 U.S.C. 6291(10)) The
                                          proposed determination, for the                         2. Basic Model of an STB                               proposed definition of a STB itself is
                                          following reasons. First, the intent of the                In March 2011, DOE published a final                discussed in section III.D.1 of the NOPR.
                                          proposed definition in the 2011                         rule for ‘Certification, Compliance, and
                                          proposed determination was that it be                   Enforcement for Consumer Products and                  4. Other Definitions
                                          broad enough so that it covered both                    Commercial and Industrial Equipment’.                     For the STB test procedure NOPR,
                                          STBs and network equipment. However,                    76 FR at 12422 (March 7, 2011). In this                DOE proposes to define terms that are
                                          as discussed in section III.B, today’s                  rule, DOE codified a definition for basic              relevant for the test procedure based on
                                          proposed rule narrows the scope of the                  model in 10 CFR Part 430.2 as follows:                 the definitions specified in section 4 of
                                          rulemaking to cover only STBs and not                      ‘‘Basic model means all units of a                  the draft CEA–2043 standard. Of these
                                          network equipment. Second, DOE                          given type of covered product (or class                definitions, DOE proposes clarifying
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                                          believes that the definition in the 2011                thereof) manufactured by one                           information, beyond what is provided in
                                            14 Wi-Fi technology allows electronic devices to
                                                                                                  manufacturer, having the same primary                  the draft CEA–2043 standard, for the
                                          use radio waves to exchange data wirelessly over
                                                                                                  energy source, and which have                          definitions of DVR, display device, and
                                          a computer network using the Institute of Electrical    essentially identical electrical, physical,            home network interface (HNI).
                                          and Electronics Engineers (IEEE) 802.11 standards.      and functional (or hydraulic)                          Additionally, DOE is including new

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Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Proposed Rules                                                      5083

                                          definitions for content provider and                    at a minimum frame rate of 59.94 frames                   Principal STB function: Functions
                                          multi-stream. The proposed definitions                  per second (fps) (abbreviated 720p60) or               necessary for selecting, receiving,
                                          are included in section 2 (Definitions) of              a minimum output resolution of 1920 ×                  decoding, decompressing, or delivering
                                          the proposed Appendix AA to Subpart                     1080 pixels in interlaced scan mode at                 video content to a display device, DVR,
                                          B of 10 CFR Part 430. All proposed                      29.97 fps (abbreviated 1080i30).                       or client. Monitoring for user or network
                                          definitions are listed below, followed by                  Home network interface (HNI): An                    requests is not considered a principal
                                          a discussion of any differences from the                interface with external devices over a                 STB function.
                                          draft CEA–2043 standard.                                local area network (example: IEEE                         Satellite STB: a STB that receives and
                                             Auto power down (APD): A STB                         802.11 (Wi-Fi), Multimedia over Coax                   decodes video content as delivered from
                                          feature that monitors parameters                        Alliance (MoCA) 19, HomePNA Alliance                   a service provider satellite network.
                                          correlated with user activity or viewing.               (HPNA),20 IEEE 802.3,21 or HomePlug                       Service provider: A business entity
                                          If the parameters collectively indicate                 AV 22) that is capable of transmitting                 that provides video content, a delivery
                                          that no user activity or viewing is                     video content.                                         network, and associated installation and
                                          occurring, the APD feature enables the                     Low noise block-downconverter                       support services to subscribers with
                                          STB to transition to sleep or off mode.                 (LNB): A combination of low-noise                      whom it has an ongoing contractual
                                             Client: Any device (example: STB,                    amplifier, block-downconverter and                     relationship.
                                          thin-client STB, smart TV,15 mobile                     intermediate frequencies (IF) amplifier.                  Smart Card: A plug-in card that
                                          phone, tablet, or personal computer)                    It takes the received microwave                        complies with ISO 25/IEC 7816–12 26
                                          that can receive content over a home                    transmission, amplifies it, down-                      and is inserted into a satellite STB to
                                          network interface (HNI).                                converts the block of frequencies to a                 enable the decryption of services and
                                             Content provider: An entity that                     lower block of IF where the signal can                 provide other network control
                                          provides video programming content.                     be amplified and fed to the indoor                     functions.
                                             Crest factor: The ratio of the peak                  satellite TV STB using coaxial cable.                     Standard definition test stream (SD):
                                          current to the root-mean-square (rms) 16                   Multi-stream: A STB feature that may                Video content delivered to the STB by
                                          current.                                                provide independent video content to                   the content provider to produce an
                                                                                                  one or more clients, one or more
                                             Digital video recorder (DVR): A STB                                                                         output resolution of 640 × 480 pixels in
                                          feature that records TV signals on a hard               directly connected TVs, or a DVR.
                                                                                                                                                         interlaced scan mode at minimum frame
                                          disk drive (HDD) or other non-volatile                     Outdoor unit (ODU): Satellite signal
                                                                                                  reception components including: a                      rate of 29.97 fps (abbreviated 480i30).
                                          storage device integrated into the STB.                                                                           Thin-client STB: A STB that can
                                          A DVR often includes features such as:                  receiving dish, one or more LNBs, and
                                                                                                  imbedded or independent radio                          receive content over an HNI from
                                          Play, Record, Pause, Fast Forward (FF),                                                                        another STB, but is unable to interface
                                          and Fast Rewind (FR). STBs that                         frequency (RF) switches, used to
                                                                                                  distribute a satellite service provider                directly to the service provider network.
                                          support a service provider delivery                                                                               DOE proposes to incorporate by
                                          network based ‘‘DVR’’ service are not                   network to consumer satellite STBs.
                                                                                                     Point of deployment (POD) module: A                 reference the industry standards that are
                                          considered DVR STBs for the purposes                                                                           used in the definitions of POD and
                                                                                                  plug-in card that complies with the
                                          of this test procedure. The presence of                                                                        smart card. These standards are: ANSI/
                                                                                                  ANSI/SCTE 23 28 24 interface and is
                                          DVR functionality does not mean the                     inserted into a digital-cable-ready                    SCTE 28 for the definition of POD and
                                          device is defined to be a STB.                          device to enable the decryption of                     ISO/IEC 7816–12 for the definition of
                                             Display device: A device (example:                                                                          Smart Card. These industry standards
                                                                                                  services and provide other network
                                          TV, Computer Monitor, or Portable TV)                   control functions.                                     are part of the definition provided in the
                                          that receives its content directly from a                  Power mode: A condition or state of                 draft CEA–2043 standard, and DOE
                                          STB through a video interface (example:                 a device that broadly characterizes its                believes the standards provide
                                          HDMI, Component Video, Composite                        capabilities, power consumption, power                 necessary information to define the POD
                                          Video, or S-Video), not through a home                  indicator coding, and responsiveness to                and Smart Card plug-in cards.
                                          network interface (HNI), and displays it                input.                                                    The definition of DVR in the draft
                                          for viewing.                                                                                                   CEA–2043 standard is, ‘‘a STB feature
                                             Harmonic: A component of order n of                    19 MoCA is a trade group that promotes a standard    that records TV signals on a hard disk
                                          the Fourier series 17 that describes the                that uses coaxial cables to connect consumer           drive (HDD) or other non-volatile
                                          periodic current or voltage (where n is                 electronic products and home networking devices.       storage device. A DVR often includes
                                          an integer greater than 1).                             The connection allows both data communication
                                                                                                  and the transfer of audio and video streams. It is     features such as: Play, Record, Pause,
                                             High definition test stream (HD):                    the only home entertainment networking standard        Fast Forward (FF), and Fast Rewind
                                          Video content delivered to the STB by                   used by all three pay TV segments, such as, cable,     (FR). STBs that support a service
                                          the content provider to produce a                       satellite, and IPTV.
                                                                                                                                                         provider delivery network based ‘‘DVR’’
                                          minimum output resolution of 1280 ×                       20 HPNA is an incorporated non-profit industry
                                                                                                                                                         service are not considered DVR STBs for
                                                                                                  association of companies that develops home
                                          720 pixels in progressive scan mode 18                  networking specifications for distributing             the purposes of this test procedure. The
                                                                                                  entertainment and data over existing coaxial cables    presence of DVR functionality does not
                                            15 A smart TV is a hybrid TV that combines            and telephone wiring within homes.                     mean the device is defined to be a STB.’’
                                          internet features into modern TVs and STBs.               21 IEEE 802.3 is a working group that develops
                                            16 Rms current is a statistical measure of the        standards for Ethernet based local area networks.      The definition of DVR in the draft CEA–
                                          magnitude of a current signal. Rms current is equal       22 HomePlug is an industry alliance that provides    2043 standard does not explicitly state
                                          to the square root of the mean of all squared           specifications that support networking over existing   that the HDD should be integrated into
                                          instantaneous currents over one complete cycle of       home electrical wiring. HomePlug AV is a               the STB, while DOE’s proposed
                                          the current signal.                                     specification that provides sufficient bandwidth for
                                            17 A Fourier series decomposes period functions       applications such as high definition TV (HDTV) and
                                                                                                                                                         definition adds the specification that the
                                          or period signals in terms of an infinite sum of        voice over IP (VoIP).                                  HDD or other non-volatile storage
mstockstill on DSK4VPTVN1PROD with

                                          simple oscillating functions, such as sines and           23 The Society of Cable Telecommunications

                                          cosines.                                                Engineers, Inc.                                          25 International Organization for Standardization.
                                            18 Progressive scan mode is a method of                 24 Society of Cable Telecommunications                 26 International Standard. ‘‘Identification cards—
                                          displaying, storing, or transmitting moving images      Engineers. Engineering Committee. Digital Video        Integrated circuit cards—Part 12: Cards with
                                          such that all lines in each frame are drawn in          Subcommittee. ‘‘HOST–POD Interface Standard.’’         contacts—USB electrical interface and operating
                                          sequence.                                               American National Standard.                            procedures.’’

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