Energy Conservation Program: Extension of Waiver to Ningbo FOTILE Kitchen Ware Co. Ltd. From the Department of Energy Dishwashers Test Procedure, 38700-38702 [2021-15577]

Download as PDF 38700 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices DanielFrank@evershedssutherland.com. Before a Presidential permit may be issued or amended, DOE must determine that the proposed action is in the public interest. In making that determination, DOE may consider the environmental impacts of the proposed project, determine the project’s impact on electric reliability by ascertaining whether the proposed project would adversely affect the operation of the U.S. electric power supply system under normal and contingency conditions, and weigh any other factors that it may also deem relevant to the public interest. DOE must also obtain favorable recommendations of the Secretary of State and the Secretary of Defense before taking final action on a Presidential permit application. Copies of this application will be made available, upon request, for public inspection and copying at the address provided above, or by accessing the program website at https://energy.gov/ oe/services/electricity-policycoordination-and-implementation/ international-electricity-regulatio-2. Signed in Washington, DC, on July 19, 2021. Christopher Lawrence, Management and Program Analyst, Energy Resilience Division, Office of Electricity. [FR Doc. 2021–15599 Filed 7–21–21; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY [Case Number 2021–005, EERE–2020–BT– WAV–0035] Energy Conservation Program: Extension of Waiver to Ningbo FOTILE Kitchen Ware Co. Ltd. From the Department of Energy Dishwashers Test Procedure Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notification of extension of waiver. AGENCY: The U.S. Department of Energy (‘‘DOE’’) is granting a waiver extension (Case No. 2021–005) to Ningbo FOTILE Kitchen Ware Co. Ltd (FOTILE) from specified portions of the DOE dishwashers test procedure for determining the energy and water consumption of the specified FOTILE dishwasher basic models. Under this extension, FOTILE is required to test and rate the specified basic models in accordance with the alternate test procedure specified in the waiver. DATES: The Extension of Waiver is effective on July 22, 2021. The lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:10 Jul 21, 2021 Jkt 253001 Extension of Waiver will terminate upon the compliance date of any future amendment to the test procedure for dishwasher located in 10 CFR part 430, subpart B, appendix C1 that addresses the issues presented in this waiver. At such time, FOTILE must use the relevant test procedure for the specified basic models of dishwashers for any testing to demonstrate compliance with standards, and any other representations of energy use. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Email: AS_Waiver_ Requests@ee.doe.gov. Ms. Amelia Whiting, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585–0103. Telephone: (202) 586–2588. Email: Amelia.Whiting@hq.doe.gov. SUPPLEMENTARY INFORMATION: In accordance with title 10 of the Code of Federal Regulations (10 CFR 430.27(g)), DOE gives notification of the issuance of an Extension of Waiver as set forth below. The Extension of Waiver extends the waiver granted to FOTILE in a Decision and Order issued on May 17, 2021 (86 FR 26712, ‘‘May 2021 Decision and Order’’) to include the FOTILE basic models specified in this waiver extension, as requested by FOTILE on May 18, 2021.1 FOTILE must test and rate the specifically identified dishwasher basic models in accordance with the alternate test procedure specified in the May 2021 Decision and Order. FOTILE’s representations concerning the energy and water consumption of the specified basic models must be based on testing according to the provisions and restrictions in the alternate test procedure set forth in the May 2021 Decision and Order, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers are held to the same requirements when making representations regarding the energy and water consumption of these products. (42 U.S.C. 6393(c)) DOE makes decisions on waiver extensions for only those basic models specifically set out in the request, not future models that may be manufactured by the petitioner. FOTILE may submit a request is available at https:// www.regulations.gov/docket/EERE-2020-BT-WAV0035-0005. The specified basic models are: SD2F– P3 and SD2F–P3L. PO 00000 1 FOTILE’s Frm 00026 Fmt 4703 Sfmt 4703 new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of dishwashers. Alternatively, if appropriate, FOTILE may request that DOE extend the scope of a waiver or interim waiver to include additional basic models employing the same technology as the basic models set forth in the original petition consistent with 10 CFR 430.27(g). Case Number 2020–020 Extension of Waiver I. Background and Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291–6317) Title III, Part B 2 of EPCA, Public Law 94–163 (42 U.S.C. 6291– 6309, as codified), established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include dishwashers, the focus of this document. (42 U.S.C. 6292(a)(6)) Under EPCA, the energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the authority to require information and reports from manufacturers (42 U.S.C. 6296). The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the product complies with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)) Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE is required to follow when prescribing or amending test procedures for covered 1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116–260 (Dec. 27, 2020). 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. E:\FR\FM\22JYN1.SGM 22JYN1 38701 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices lotter on DSK11XQN23PROD with NOTICES1 products. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect the energy efficiency, energy use or estimated annual operating cost of covered product during a representative average use cycle and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for dishwashers is contained in 10 CFR part 430, subpart B, appendix C1—Uniform Test Method for the Measurement of Energy Consumption Dishwashers (‘‘Appendix C1’’). Any interested person may submit a petition for waiver from DOE’s test procedure requirements. 10 CFR 430.27(a)(1). DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy or water consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. Id. A petitioner may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition. 10 CFR 430.27(g). DOE will publish any such extension in the Federal Register. Id. II. Request for an Extension of Waiver: Assertions and Determinations On May 17, 2021, DOE issued a Decision and Order in Case Number 2020–020 granting FOTILE a waiver to test its basic models specified in that waiver using an alternate test procedure. 86 FR 26712 (‘‘May 2021 Decision and Order’’). In the October 15, 2020 petition for waiver, FOTILE stated that the subject dishwasher models, which FOTILE described as ‘‘in-sink’’ compact dishwashers, do not have a main detergent compartment and have different installation instructions than under-counter or under-sink dishwashers. FOTILE requested that DOE waive sections of the dishwasher test procedure pertaining to installation requirements and placement of the detergent. FOTILE suggested an alternate test procedure to install the dishwasher basic models from the top of a rectangular enclosure (as opposed to VerDate Sep<11>2014 17:10 Jul 21, 2021 Jkt 253001 the front) and to specify placement of the detergent directly into the dishwasher chamber. 86 FR 26712, 26713. Based on its review, including the information provided by FOTILE, DOE determined that the current test procedure at Appendix C1 would evaluate the dishwasher basic models specified in the May 2021 Decision and Order in a manner so unrepresentative of their true energy and water consumption characteristics as to provide materially inaccurate comparative data. 86 FR 26712, 26713– 26714. DOE concluded that the alternate test procedure suggested by the petitioner, with modifications, will allow for the accurate measurement of the energy and water use of these products and alleviates the problems with testing and representation of dishwashers. 86 FR 26712, 26714. The May 2021 Decision and Order specifies that FOTILE must test and rate the subject basic models such that the compact in-sink dishwasher with a combination sink must be installed in a rectangular enclosure constructed of nominal 0.374 inch (9.5 mm) plywood painted black. 86 FR 26712, 26714– 26715. The enclosure must consist of a front, a bottom, a back, and two sides and the dishwasher must be installed from the top and mounted to the edges of the enclosure. 86 FR 26712, 26715. The front, back, and sides of the enclosure must be brought into the closest contact with the appliance that the configuration of the dishwasher will allow. Id. The height of the rectangular test enclosure must be the height that provides the minimum clearances as specified in the manufacturer’s operation manual. Id. The dishwasher must be installed from the top and mounted to the edges of the enclosure. Id. Additionally, for compact in-sink dishwashers with a combination sink that have neither prewash program nor a main detergent compartment, the amount of main wash detergent (in grams) to be added directly into the washing chamber should be determined according to section 2.10.2 of Appendix C1. Id. On May 18, 2021, FOTILE submitted a request to extend the scope of the waiver, Case Number 2021–005, to the basic models SD2F–P3 and SD2F–P3L. FOTILE stated that these basic models have the same characteristics that prevent testing of the product according to the prescribed DOE test procedure as the models covered by the existing waiver. DOE has reviewed FOTILE’s waiver extension request and determined that the dishwasher basic models identified PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 in FOTILE’s request incorporate the same design characteristics as those basic models covered under the waiver in Case Number 2020–020 such that the test procedure evaluates these basic models in a manner that is unrepresentative of their actual energy and water use. Specifically, the models identified in FOTILE’s waiver extension request do not have a main detergent compartment and cannot be installed using the current installation instructions in Appendix C1. See 86 FR 26712, 26713. DOE also determined that the alternate procedure specified in Case Number 2020–020 will allow for the accurate measurement of the energy and water use of the dishwasher basic models identified by FOTILE in its waiver extension request. III. Order After careful consideration of all the material submitted by FOTILE in this matter, it is ordered that: (1) FOTILE must, as of the date of publication of this Extension of Waiver in the Federal Register, test and rate the following FOTILE brand dishwasher basic models with the alternate test procedure as set forth in paragraph (2): Brand FOTILE ...................... FOTILE ...................... Basic model SD2F–P3. SD2F–P3L. (2) The alternate test procedure for the FOTILE basic models referenced in paragraph (1) of this Order is the test procedure for dishwashers prescribed by DOE at 10 CFR part 430, subpart B, appendix C1, with the modifications provided below. All other requirements of Appendix C1 and DOE’s regulations remain applicable. In section 2.1, Installation, add at the end of the section: A compact in-sink dishwasher with a combination sink must be installed in a rectangular enclosure constructed of nominal 0.374 inch (9.5 mm) plywood painted black. The enclosure must consist of a front, a bottom, a back, and two sides. The front, back, and sides of the enclosure must be brought into the closest contact with the appliance that the configuration of the dishwasher will allow. The height of the rectangular test enclosure must be the height that provides the minimum clearances as specified in the manufacturer’s operation manual. The dishwasher must be installed from the top and mounted to the edges of the enclosure. In section 2.10, Detergent, add at the end of the section: For compact in-sink dishwashers with a combination sink that have neither E:\FR\FM\22JYN1.SGM 22JYN1 lotter on DSK11XQN23PROD with NOTICES1 38702 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices prewash program nor a main detergent compartment, determine the amount of main wash detergent (in grams) to be added directly into the washing chamber according to section 2.10.2 of Appendix C1. (3) Representations. FOTILE may not make representations about the energy and water use of a basic model listed in paragraph (1) of this Order for compliance, marketing, or other purposes unless that basic model has been tested in accordance with the provisions of paragraph (2) of this Order and such representations fairly disclose the results of such testing. (4) This Extension of Waiver shall remain in effect according to the provisions of 10 CFR 430.27. (5) This Extension of Waiver is issued on the condition that the statements, representations, and documentation provided by FOTILE are valid. If FOTILE makes any modifications to the controls or configurations of these basic models, the waiver will no longer be valid and FOTILE will either be required to use the current Federal test method or submit a new application for a test procedure waiver. DOE may rescind or modify this Extension of Waiver (and/or the underlying Order issued in Case Number 2020–020) at any time if it determines the factual basis underlying the petition for extension of waiver (and/or the underlying Order issued in Case Number 2020–020) is incorrect, or the results from the alternate test procedure are unrepresentative of a basic model’s true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, FOTILE may request that DOE rescind or modify the Extension of Waiver (and/or the underlying Order issued in Case Number 2020–020) if FOTILE discovers an error in the information provided to DOE as part of its petition, determines that the waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2). (6) FOTILE remains obligated to fulfill all applicable requirements set forth at 10 CFR part 429. DOE makes decisions on waiver extensions, for only those basic models specifically set out in the request, not future models that may be manufactured by the petitioner. FOTILE may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of dishwashers. Alternatively, if appropriate, FOTILE may request that DOE extend the scope of a waiver or interim waiver to include additional basic models employing the same technology as the basic models set forth VerDate Sep<11>2014 17:10 Jul 21, 2021 Jkt 253001 in the original petition consistent with 10 CFR 430.27(g). Signing Authority This document of the Department of Energy was signed on July 17, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on July 19, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2021–15577 Filed 7–21–21; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY [OE Docket No. EA–489] Application To Export Electric Energy; North Star Electric Cooperative Office of Electricity, Department of Energy. ACTION: Notice of application. AGENCY: North Star Electric Cooperative (Applicant or North Star) has applied for authorization to transmit electric energy from the United States to Canada pursuant to the Federal Power Act. DATES: Comments, protests, or motions to intervene must be submitted on or before August 23, 2021. ADDRESSES: Comments, protests, motions to intervene, or requests for more information should be addressed by electronic mail to Electricity.Exports@hq.doe.gov, or by facsimile to (202) 586–8008. FOR FURTHER INFORMATION CONTACT: Matt Aronoff, 202–586–5863, matthew.aronoff@hq.doe.gov. SUPPLEMENTARY INFORMATION: The Department of Energy (DOE) regulates exports of electricity from the United States to a foreign country, pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act SUMMARY: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 (42 U.S.C. 7151(b) and 42 U.S.C. 7172(f)). Such exports require authorization under section 202(e) of the Federal Power Act (16 U.S.C. 824a(e)). On June 6, 2021, North Star filed an application with DOE (Application or App.) to transmit electric energy from the United States to Canada for a term of five years. North Star states that it ‘‘is a cooperative corporation organized under Minnesota state law with its principal place of business [in] Baudette, MN.’’ App. at 4. North Star also describes itself as ‘‘a distribution cooperative member-owner of Minnkota Power Cooperative (‘Minnkota’), a generation and transmission . . . cooperative that provides wholesale power requirements to North Star and its other member-owned cooperatives.’’ Id. at 1–2. North Star further represents that ‘‘because [it] is a cooperative, [its] customers are its member-owners.’’ Id. at 1. North Star states that it ‘‘does not own any of its own power generation facilities itself, but instead purchases all of its power supply requirements (to serve its retail customers) from Minnkota.’’ App. at 2. At the time of its application, North Star served residential customers in Canada ‘‘via two radial, low-voltage feeds that cross the U.S.-Canadian border and extend ten miles from Minnkota’s International Falls Substation in northern Minnesota to the border and then into Canada.’’ App. at 2. It describes these customers as ‘‘in Canadian waters.’’ Id. North Star has applied for an export authorization ‘‘so that it may continue to serve its existing customers in Canada and to serve any future customers that may be tapped off the described radial lines,’’ including three new customers—also in Canadian waters—who have requested service. Id. at 3. North Star contends that its proposed exports ‘‘will not impair the sufficiency of electric supply within the United States’’ and will not ‘‘impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Federal Energy Regulatory Commission.’’ Id. The Applicant represents that the existing cross-border distribution facilities to be utilized by the Applicant have been in operation for at least 50 years. See App. at 7. North Star has exported power over these distribution facilities without holding the required export authorization under section 202(e) of the Federal Power Act, and ‘‘regrets that it did not obtain this required authorization earlier.’’ Id. at 3. The Applicant states that ‘‘in July 2018, after being approached by three E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38700-38702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15577]


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DEPARTMENT OF ENERGY

[Case Number 2021-005, EERE-2020-BT-WAV-0035]


Energy Conservation Program: Extension of Waiver to Ningbo FOTILE 
Kitchen Ware Co. Ltd. From the Department of Energy Dishwashers Test 
Procedure

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

ACTION: Notification of extension of waiver.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') is granting a waiver 
extension (Case No. 2021-005) to Ningbo FOTILE Kitchen Ware Co. Ltd 
(FOTILE) from specified portions of the DOE dishwashers test procedure 
for determining the energy and water consumption of the specified 
FOTILE dishwasher basic models. Under this extension, FOTILE is 
required to test and rate the specified basic models in accordance with 
the alternate test procedure specified in the waiver.

DATES: The Extension of Waiver is effective on July 22, 2021. The 
Extension of Waiver will terminate upon the compliance date of any 
future amendment to the test procedure for dishwasher located in 10 CFR 
part 430, subpart B, appendix C1 that addresses the issues presented in 
this waiver. At such time, FOTILE must use the relevant test procedure 
for the specified basic models of dishwashers for any testing to 
demonstrate compliance with standards, and any other representations of 
energy use.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Email: 
[email protected].
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence 
Avenue SW, Washington, DC 20585-0103. Telephone: (202) 586-2588. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with title 10 of the Code of 
Federal Regulations (10 CFR 430.27(g)), DOE gives notification of the 
issuance of an Extension of Waiver as set forth below. The Extension of 
Waiver extends the waiver granted to FOTILE in a Decision and Order 
issued on May 17, 2021 (86 FR 26712, ``May 2021 Decision and Order'') 
to include the FOTILE basic models specified in this waiver extension, 
as requested by FOTILE on May 18, 2021.\1\ FOTILE must test and rate 
the specifically identified dishwasher basic models in accordance with 
the alternate test procedure specified in the May 2021 Decision and 
Order. FOTILE's representations concerning the energy and water 
consumption of the specified basic models must be based on testing 
according to the provisions and restrictions in the alternate test 
procedure set forth in the May 2021 Decision and Order, and the 
representations must fairly disclose the test results. Distributors, 
retailers, and private labelers are held to the same requirements when 
making representations regarding the energy and water consumption of 
these products. (42 U.S.C. 6393(c))
---------------------------------------------------------------------------

    \1\ FOTILE's request is available at https://www.regulations.gov/docket/EERE-2020-BT-WAV-0035-0005. The specified 
basic models are: SD2F-P3 and SD2F-P3L.
---------------------------------------------------------------------------

    DOE makes decisions on waiver extensions for only those basic 
models specifically set out in the request, not future models that may 
be manufactured by the petitioner. FOTILE may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of dishwashers. Alternatively, 
if appropriate, FOTILE may request that DOE extend the scope of a 
waiver or interim waiver to include additional basic models employing 
the same technology as the basic models set forth in the original 
petition consistent with 10 CFR 430.27(g).

Case Number 2020-020

Extension of Waiver

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA, Public Law 94-163 (42 U.S.C. 6291-
6309, as codified), established the Energy Conservation Program for 
Consumer Products Other Than Automobiles, which sets forth a variety of 
provisions designed to improve energy efficiency for certain types of 
consumer products. These products include dishwashers, the focus of 
this document. (42 U.S.C. 6292(a)(6))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6291), energy 
conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C. 
6293), labeling provisions (42 U.S.C. 6294), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of that product (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the product complies with relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered

[[Page 38701]]

products. EPCA requires that any test procedures prescribed or amended 
under this section must be reasonably designed to produce test results 
which reflect the energy efficiency, energy use or estimated annual 
operating cost of covered product during a representative average use 
cycle and requires that test procedures not be unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for dishwashers is 
contained in 10 CFR part 430, subpart B, appendix C1--Uniform Test 
Method for the Measurement of Energy Consumption Dishwashers 
(``Appendix C1'').
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 430.27(a)(1). DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy or water consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id.
    A petitioner may request that DOE extend the scope of a waiver or 
an interim waiver to include additional basic models employing the same 
technology as the basic model(s) set forth in the original petition. 10 
CFR 430.27(g). DOE will publish any such extension in the Federal 
Register. Id.

II. Request for an Extension of Waiver: Assertions and Determinations

    On May 17, 2021, DOE issued a Decision and Order in Case Number 
2020-020 granting FOTILE a waiver to test its basic models specified in 
that waiver using an alternate test procedure. 86 FR 26712 (``May 2021 
Decision and Order''). In the October 15, 2020 petition for waiver, 
FOTILE stated that the subject dishwasher models, which FOTILE 
described as ``in-sink'' compact dishwashers, do not have a main 
detergent compartment and have different installation instructions than 
under-counter or under-sink dishwashers. FOTILE requested that DOE 
waive sections of the dishwasher test procedure pertaining to 
installation requirements and placement of the detergent. FOTILE 
suggested an alternate test procedure to install the dishwasher basic 
models from the top of a rectangular enclosure (as opposed to the 
front) and to specify placement of the detergent directly into the 
dishwasher chamber. 86 FR 26712, 26713.
    Based on its review, including the information provided by FOTILE, 
DOE determined that the current test procedure at Appendix C1 would 
evaluate the dishwasher basic models specified in the May 2021 Decision 
and Order in a manner so unrepresentative of their true energy and 
water consumption characteristics as to provide materially inaccurate 
comparative data. 86 FR 26712, 26713-26714. DOE concluded that the 
alternate test procedure suggested by the petitioner, with 
modifications, will allow for the accurate measurement of the energy 
and water use of these products and alleviates the problems with 
testing and representation of dishwashers. 86 FR 26712, 26714. The May 
2021 Decision and Order specifies that FOTILE must test and rate the 
subject basic models such that the compact in-sink dishwasher with a 
combination sink must be installed in a rectangular enclosure 
constructed of nominal 0.374 inch (9.5 mm) plywood painted black. 86 FR 
26712, 26714-26715. The enclosure must consist of a front, a bottom, a 
back, and two sides and the dishwasher must be installed from the top 
and mounted to the edges of the enclosure. 86 FR 26712, 26715. The 
front, back, and sides of the enclosure must be brought into the 
closest contact with the appliance that the configuration of the 
dishwasher will allow. Id. The height of the rectangular test enclosure 
must be the height that provides the minimum clearances as specified in 
the manufacturer's operation manual. Id. The dishwasher must be 
installed from the top and mounted to the edges of the enclosure. Id. 
Additionally, for compact in-sink dishwashers with a combination sink 
that have neither prewash program nor a main detergent compartment, the 
amount of main wash detergent (in grams) to be added directly into the 
washing chamber should be determined according to section 2.10.2 of 
Appendix C1. Id.
    On May 18, 2021, FOTILE submitted a request to extend the scope of 
the waiver, Case Number 2021-005, to the basic models SD2F-P3 and SD2F-
P3L. FOTILE stated that these basic models have the same 
characteristics that prevent testing of the product according to the 
prescribed DOE test procedure as the models covered by the existing 
waiver.
    DOE has reviewed FOTILE's waiver extension request and determined 
that the dishwasher basic models identified in FOTILE's request 
incorporate the same design characteristics as those basic models 
covered under the waiver in Case Number 2020-020 such that the test 
procedure evaluates these basic models in a manner that is 
unrepresentative of their actual energy and water use. Specifically, 
the models identified in FOTILE's waiver extension request do not have 
a main detergent compartment and cannot be installed using the current 
installation instructions in Appendix C1. See 86 FR 26712, 26713. DOE 
also determined that the alternate procedure specified in Case Number 
2020-020 will allow for the accurate measurement of the energy and 
water use of the dishwasher basic models identified by FOTILE in its 
waiver extension request.

III. Order

    After careful consideration of all the material submitted by FOTILE 
in this matter, it is ordered that:
    (1) FOTILE must, as of the date of publication of this Extension of 
Waiver in the Federal Register, test and rate the following FOTILE 
brand dishwasher basic models with the alternate test procedure as set 
forth in paragraph (2):

------------------------------------------------------------------------
                   Brand                             Basic model
------------------------------------------------------------------------
FOTILE....................................  SD2F-P3.
FOTILE....................................  SD2F-P3L.
------------------------------------------------------------------------

    (2) The alternate test procedure for the FOTILE basic models 
referenced in paragraph (1) of this Order is the test procedure for 
dishwashers prescribed by DOE at 10 CFR part 430, subpart B, appendix 
C1, with the modifications provided below. All other requirements of 
Appendix C1 and DOE's regulations remain applicable.
    In section 2.1, Installation, add at the end of the section:
    A compact in-sink dishwasher with a combination sink must be 
installed in a rectangular enclosure constructed of nominal 0.374 inch 
(9.5 mm) plywood painted black. The enclosure must consist of a front, 
a bottom, a back, and two sides. The front, back, and sides of the 
enclosure must be brought into the closest contact with the appliance 
that the configuration of the dishwasher will allow. The height of the 
rectangular test enclosure must be the height that provides the minimum 
clearances as specified in the manufacturer's operation manual. The 
dishwasher must be installed from the top and mounted to the edges of 
the enclosure.
    In section 2.10, Detergent, add at the end of the section:
    For compact in-sink dishwashers with a combination sink that have 
neither

[[Page 38702]]

prewash program nor a main detergent compartment, determine the amount 
of main wash detergent (in grams) to be added directly into the washing 
chamber according to section 2.10.2 of Appendix C1.
    (3) Representations. FOTILE may not make representations about the 
energy and water use of a basic model listed in paragraph (1) of this 
Order for compliance, marketing, or other purposes unless that basic 
model has been tested in accordance with the provisions of paragraph 
(2) of this Order and such representations fairly disclose the results 
of such testing.
    (4) This Extension of Waiver shall remain in effect according to 
the provisions of 10 CFR 430.27.
    (5) This Extension of Waiver is issued on the condition that the 
statements, representations, and documentation provided by FOTILE are 
valid. If FOTILE makes any modifications to the controls or 
configurations of these basic models, the waiver will no longer be 
valid and FOTILE will either be required to use the current Federal 
test method or submit a new application for a test procedure waiver. 
DOE may rescind or modify this Extension of Waiver (and/or the 
underlying Order issued in Case Number 2020-020) at any time if it 
determines the factual basis underlying the petition for extension of 
waiver (and/or the underlying Order issued in Case Number 2020-020) is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of a basic model's true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, FOTILE may request that 
DOE rescind or modify the Extension of Waiver (and/or the underlying 
Order issued in Case Number 2020-020) if FOTILE discovers an error in 
the information provided to DOE as part of its petition, determines 
that the waiver is no longer needed, or for other appropriate reasons. 
10 CFR 430.27(k)(2).
    (6) FOTILE remains obligated to fulfill all applicable requirements 
set forth at 10 CFR part 429.
    DOE makes decisions on waiver extensions, for only those basic 
models specifically set out in the request, not future models that may 
be manufactured by the petitioner. FOTILE may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of dishwashers. Alternatively, 
if appropriate, FOTILE may request that DOE extend the scope of a 
waiver or interim waiver to include additional basic models employing 
the same technology as the basic models set forth in the original 
petition consistent with 10 CFR 430.27(g).

Signing Authority

    This document of the Department of Energy was signed on July 17, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on July 19, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-15577 Filed 7-21-21; 8:45 am]
BILLING CODE 6450-01-P