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]
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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
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SUMMARY:
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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.
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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
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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
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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
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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
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]]>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]
-----------------------------------------------------------------------
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
