13168 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Notices 

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Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

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of Federal Regulations is available via the 

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www.gpo.gov/fdsys. 

Dated: March 7, 2011. 

James H. Shelton, III, 

Assistant Deputy Secretary for Innovation and 

Improvement. 

[FR Doc. 2011–5543 Filed 3–9–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Energy Conservation Program for 

Consumer Products: Representative 

Average Unit Costs of Energy 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice. 

SUMMARY: In this notice, the U.S. 

Department of Energy (DOE) is 

forecasting the representative average 

unit costs of five residential energy 

sources for the year 2011 pursuant to 

the Energy Policy and Conservation Act. 

The five sources are electricity, natural 

gas, No. 2 heating oil, propane, and 

kerosene. 

DATES: The representative average unit 

costs of energy contained in this notice 

will become effective April 11, 2011 and 

will remain in effect until further notice. 

FOR FURTHER INFORMATION CONTACT: 

Mohammed Khan, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Forrestal Building, 

Mail Station EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, (202) 586–7892, 

Mohammed.Khan@ee.doe.gov. 

Francine Pinto, Esq. U.S. Department 

of Energy, Office of General Counsel, 

Forrestal Building, Mail Station GC–72, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 586– 

7432, Francine.pinto@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: Section 

323 of the Energy Policy and 

Conservation Act (Act) requires that 

DOE prescribe test procedures for the 

measurement of the estimated annual 

operating costs or other measures of 

energy consumption for certain 

consumer products specified in the Act. 

(42 U.S.C. 6293(b)(3)) These test 

procedures are found in Title 10 of the 

Code of Federal Regulations (CFR) part 

430, subpart B. 

Section 323(b)(3) of the Act requires 

that the estimated annual operating 

costs of a covered product be calculated 

from measurements of energy use in a 

representative average use cycle or 

period of use and from representative 

average unit costs of the energy needed 

to operate such product during such 

cycle. (42 U.S.C. 6293(b)(3)) The section 

further requires that DOE provide 

information to manufacturers regarding 

the representative average unit costs of 

energy. (42 U.S.C. 6293(b)(4)) This cost 

information should be used by 

manufacturers to meet their obligations 

under section 323(c) of the Act. Most 

notably, these costs are used to comply 

with Federal Trade Commission (FTC) 

requirements for labeling. 

Manufacturers are required to use the 

revised DOE representative average unit 

costs when the FTC publishes new 

ranges of comparability for specific 

covered products, 16 CFR part 305. 

Interested parties can also find 

information covering the FTC labeling 

requirements at http://www.ftc.gov/ 

appliances. 

DOE last published representative 

average unit costs of residential energy 

in a Federal Register notice entitled, 

‘‘Energy Conservation Program for 

Consumer Products: Representative 

Average Unit Costs of Energy’’, dated 

March 18, 2010, 75 FR 13123. Effective 

April 11, 2011, the cost figures 

published on March 18, 2010, will be 

superseded by the cost figures set forth 

in this notice. 

DOE’s Energy Information 

Administration (EIA) has developed the 

2011 representative average unit aftertax costs found in this notice. The 

representative average unit after-tax 

costs for electricity, natural gas, No. 2 

heating oil, and propane are based on 

simulations used to produce the 

February, 2011, EIA Short-Term Energy 

Outlook. (EIA releases the Outlook 

monthly.) The representative average 

unit after-tax cost for kerosene is 

derived from its price relative to that of 

heating oil, based on the 2005–2009 

averages for these two fuels. The source 

for these price data is the January, 2011, 

Monthly Energy Review DOE/EIA– 

0035(2011/01). The Short-Term Energy 

Outlook and the Monthly Energy Review 

are available on the EIA Web site at 

http://www.eia.doe.gov. For more 

information on the two sources, contact 

the National Energy Information Center, 

Forrestal Building, EI–30, 1000 

Independence Avenue, SW., 

Washington, DC 20585, (202) 586–8800, 

e-mail: infoctr@eia.doe.gov. 

The 2011 representative average unit 

costs under section 323(b)(4) of the Act 

are set forth in Table 1, and will become 

effective April 11, 2011. They will 

remain in effect until further notice. 

Issued in Washington, DC, on March 3, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

TABLE 1—REPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES (2011) 

Type of energy Per million 

Btu 1 In commonly used terms As required by test procedure 

Electricity .................................................................... $34.14 11.65¢/kWh 2,3 .......................................................... $.1165/kWh. 

Natural Gas ................................................................ 11.01 $1.101/therm 4 or $11.29/MCF 5 6 ............................. .00001101/Btu. 

No. 2 Heating Oil ....................................................... 24.59 $3.41/gallon 7 ............................................................ .00002459/Btu. 

Propane ...................................................................... 27.70 $2.53/gallon 8 ............................................................ .00002770/Btu. 

Kerosene .................................................................... 28.81 $3.89/gallon 9 ............................................................ .00002881/Btu. 

Sources: U.S. Energy Information Administration, Short-Term Energy Outlook (February 2011) and Monthly Energy Review (January 2011). 

1. Btu stands for British thermal units. 

2. kWh stands for kilowatt hour. 

3. 1 kWh = 3,412 Btu. 

4. 1 therm = 100,000 Btu. Natural gas prices include taxes. 

5. MCF stands for 1,000 cubic feet. 

6. For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,025 Btu. 

7. For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu. 

8. For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,333 Btu. 

9. For the purposes of this table, one gallon of kerosene has an energy equivalence of 135,000 Btu. 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Notices 13169 

1Upon codification in the U.S. Code, Part B was 

re-designated Part A for editorial reasons. 

[FR Doc. 2011–5501 Filed 3–9–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–014] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Samsung 

Electronics America, Inc. From the 

Department of Energy Residential 

Clothes Washer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CW–014) 

that grants to Samsung Electronics 

America, Inc. (Samsung) a waiver from 

the DOE clothes washer test procedure 

for determining the energy consumption 

of clothes washers. Under today’s 

decision and order, Samsung shall be 

required to test and rate its clothes 

washers with larger clothes containers 

using an alternate test procedure that 

takes this technology into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective March 10, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611, E-mail: mail 

to: Michael.Raymond@ee.doe.gov. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103. Telephone: (202) 586–7796, Email: mail to: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants Samsung 

a waiver from the applicable clothes 

washer test procedure in 10 CFR part 

430, subpart B, appendix J1 for certain 

basic models of clothes washers with 

capacities greater than 3.8 cubic feet, 

provided that Samsung tests and rates 

such products using the alternate test 

procedure described in this notice. 

Today’s decision prohibits Samsung 

from making representations concerning 

the energy efficiency of these products 

unless the product has been tested 

consistent with the provisions and 

restrictions in the alternate test 

procedure set forth in the decision and 

order below, and the representations 

fairly disclose the test results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

42 U.S.C. 6293(c). 

Issued in Washington, DC, on March 3, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Samsung Electronics 

America, Inc. (Case No. CW–014) 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency. Part B of Title III provides for 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ 42 U.S.C. 6291–6309.1

Part B includes definitions, test 

procedures, labeling provisions, energy 

conservation standards, and the 

authority to require information and 

reports from manufacturers. Further, 

Part B authorizes the Secretary of 

Energy to prescribe test procedures that 

are reasonably designed to produce 

results that measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. 42 U.S.C. 6293(b)(3). The test 

procedure for residential clothes 

washers, the subject of today’s notice, is 

contained in 10 CFR part 430, subpart 

B, appendix J1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when (1) the petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or the 

Assistant Secretary determines that it 

would be desirable for public policy 

reasons to grant immediate relief 

pending a determination on the petition 

for waiver. 10 CFR 430.27(g). 

II. Samsung’s Petition for Waiver: 

Assertions and Determinations 

On July 20, 2010, Samsung filed a 

petition for waiver from the test 

procedure applicable to automatic and 

semi-automatic clothes washers set forth 

in 10 CFR part 430, subpart B, appendix 

J1. In particular, Samsung requested a 

waiver to test its clothes washers on the 

basis of the residential test procedures 

contained in 10 CFR part 430, Subpart 

B, Appendix J1, with a revised Table 5.1 

extended to larger container volumes. 

Samsung’s petition was published in the 

Federal Register on September 23, 2010. 

75 FR 57937. DOE received no 

comments on the Samsung petition. 

Samsung’s petition seeks a waiver 

from the DOE test procedure because 

the mass of the test load used in the 

DOE test procedure is based on the 

basket volume of the test specimen, 

which is currently not defined for the 

basket sizes of the basic models cited in 

its waiver application. In the DOE test 

procedure, the relation between basket 

volume and test load mass is defined for 

basket volumes between 0 and 3.8 cubic 

feet. Samsung has designed a series of 

clothes washers that contain basket 

volumes greater than 3.8 cubic feet. 

DOE has granted petitions for waiver 

and requests for interim waiver to other 

manufacturers for clothes washer basic 

models with capacities greater than 3.8 

cubic feet. In addition to the interim 

waiver granted to Samsung (75 FR 

57937, Sept. 23, 2010), DOE has granted 

interim waivers to Whirlpool 

Corporation (71 FR 48913, Aug. 22, 


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