[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55268-55273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19564]


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DEPARTMENT OF ENERGY

[Case Number 2020-008; EERE-2020-BT-WAV-0024]


Energy Conservation Program: Notice of Petition For Waiver of CNA 
International, Inc. From the Department of Energy Dishwashers Test 
Procedure and Notice of Grant of Interim Waiver

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

ACTION: Notice of petition for waiver and grant of an interim waiver; 
request for comments.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver and interim waiver from CNA International, Inc. (``CNA''), which 
seeks a waiver for a specified dishwasher basic model from the U.S. 
Department of Energy (``DOE'') test procedure used for determining the 
energy and water consumption of dishwashers. DOE also gives notice of 
an Interim Waiver Order that requires CNA to test and rate the 
specified dishwasher basic model in accordance with the alternate test 
procedure set forth in the Interim Waiver Order. DOE solicits comments, 
data, and information concerning CNA's petition and its suggested 
alternate test procedure so as to inform DOE's final decision on CNA's 
waiver request.

DATES: The Interim Waiver Order is effective on September 4, 2020. 
Written comments and information are requested and will be accepted on 
or before October 5, 2020.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
case number ``2020-008'', and Docket number ``EERE-2020-BT-WAV-0024,'' 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Case No. 2020-
008 in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. 2020-008, 1000 Independence Avenue SW, Washington, DC 
20585-0121. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at http://www.regulations.gov. All documents in the docket are 
listed in the http://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.
    The docket web page can be found at http://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0024. The docket web page contains 
instruction on how to access all documents, including public comments, 
in the docket. See the SUPPLEMENTARY INFORMATION section for 
information on how to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, Mailstop 
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: 
[email protected].
    Ms. Elizabeth Kohl, 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) 586-7796. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: DOE is publishing CNA's petition for waiver 
in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv).\1\ DOE invites 
all interested parties to submit in writing by October 5, 2020, 
comments and information on all aspects of the petition, including the 
alternate test procedure. Pursuant to 10 CFR 430.27(d), any person 
submitting written comments to DOE must also send a copy of such 
comments to the petitioner. The contact information for the petitioner 
is Sam Walsh, Harris, Wiltshire & Grannis LLP, 1919 M Street NW, Eighth 
Floor, Washington, DC 20036.
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    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
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    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to

[[Page 55269]]

technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. If this instruction is followed, persons viewing comments will 
see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through http://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier two well-marked copies: 
One copy of the document marked confidential including all the 
information believed to be confidential, and one copy of the document 
marked ``non-confidential'' with the information believed to be 
confidential deleted. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

Signing Authority

    This document of the Department of Energy was signed on August 31, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, 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 August 31, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case Number 2020-008

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
authorizes the U.S. Department of Energy (``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 \3\ 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 subject of this Interim Waiver Order. 
(42 U.S.C. 6292(a)(6)).
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    \2\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    The energy conservation program under EPCA 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), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), 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 covered 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 products. EPCA requires that any test

[[Page 55270]]

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 a covered product 
during a representative average use cycle or period of use 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 the Code 
of Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, 
appendix C1, ``Uniform Test Method for Measuring the Energy Consumption 
of Dishwashers'' (``Appendix C1'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. 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 consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the product type 
in a manner representative of the energy and/or water consumption 
characteristics of the basic model. 10 CFR 430.27(b)(1)(iii). DOE may 
grant the waiver subject to conditions, including adherence to 
alternate test procedures. 10 CFR 430.27(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 430.27(l) As soon thereafter as practicable, DOE 
will publish in the Federal Register a final rule to that effect. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1).
    When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
10 CFR 430.27(h)(2).

II. CNA's Petition for Waiver and Interim Waiver

    On June 30, 2020, CNA filed a petition for waiver and interim 
waiver from the test procedure for dishwashers set forth at Appendix 
C1.\4\ CNA is seeking a waiver for a non-soil-sensing, compact 
(countertop) dishwasher because CNA asserts that the product contains a 
design characteristic that prevents testing according to the prescribed 
test procedure. In its petition for waiver, CNA stated that the subject 
dishwasher does not have a water hookup but that water is provided by 
manually pouring 5 liters of tap water into a built-in tank. CNA has 
requested DOE waive sections of the dishwasher test procedure requiring 
water inflow and water pressure criteria based on a water hookup that 
allows automatic water inflow into the machine during the test cycle. 
Instead, CNA has suggested an alternate test procedure in which the 
water tank is manually filled before the test is run and water 
consumption is stipulated.
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    \4\ The specific basic model for which the petition applies is 
factory basic model X1 and CNA model MCSCD3W under the Magic Chef 
brand name. This basic model name was provided by CNA in its June 
30, 2020 petition.
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    CNA also requests an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. See 10 CFR 
430.27(e)(2).
    Based on the assertions in the petition, the manual water fill 
characteristic of the subject basic model prevents testing of the basic 
model according to the prescribed test procedure absent an interim 
waiver.

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency 
is important when making representations about the energy efficiency of 
covered products, including when demonstrating compliance with 
applicable DOE energy conservation standards. Pursuant to 10 CFR 
430.27, and after consideration of public comments on the petition, DOE 
may establish in a subsequent Decision and Order an alternate test 
procedure for the basic models addressed by the Interim Waiver Order.
    CNA seeks to use an alternate test procedure to test and rate 
specific dishwasher basic model. In its petition for waiver, CNA has 
suggested the following alternate test procedure:
     Update the existing water pressure requirements in section 
2.4 of Appendix C1 to state that, ``For manually filled dishwashers 
that do not have a direct water line, these water pressure conditions 
do not apply because the water will be added manually according to 
section 2.6.2.1'';
     Include a new subsection 2.6.2.1 following section 2.6.2 
of Appendix C1, which states, ``For compact dishwashers that do not 
have a direct water line, manually fill the built-in water reservoir to 
the full 5-liter reservoir capacity stated by the manufacturer, using 
water at a temperature in accordance with section 2.3.3 of this 
appendix'';
     Update the main wash detergent dosing requirements 
specified in section 2.10.2 of Appendix C1 as, ``For manually filled 
dishwashers that do not have a direct water line, the Vmw is 
equal to 0.396 gallons (or 1.5 liters), which is the main wash fill 
volume'';
     Specify that the water meter requirements and water 
pressure gauge requirements in sections 3.3 and 3.4 of Appendix C1, 
respectively, are not applicable to this dishwasher basic model; and,
     Update the water consumption calculation for non-soil-
sensing dishwashers in section 5.4.1 of Appendix C1 to state, ``For 
manually filled dishwashers that do not have a direct water line, the 
water consumption is equal to 4.8 liters, which is the volume of water 
used in the test cycle.''

IV. Interim Waiver Order

    DOE has reviewed CNA's application for an interim waiver and the 
alternate test procedure requested by CNA. Based on this review, the 
alternate test procedure appears to allow for the accurate measurement 
of the energy and water consumption of the specified basic model, while 
alleviating the testing problems associated with CNA's implementation 
of dishwasher testing for this basic model. Consequently, DOE has 
determined that CNA's petition for waiver likely will be granted. 
Furthermore, DOE has determined that it is desirable for public policy 
reasons

[[Page 55271]]

to grant CNA immediate relief pending a determination of the petition 
for waiver.
    For the reasons stated, it is ordered that:
    (1) CNA must test and rate the following dishwasher basic model 
with the alternate test procedure set forth in paragraph (2).

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                   Brand                             Basic model
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Magic Chef................................  MCSCD3W
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    (2) The alternate test procedure for the CNA basic model identified 
in paragraph (1) of this Interim Waiver Order is the test procedure for 
dishwashers prescribed by DOE at 10 CFR part 430, subpart B, appendix 
C1, except that the requirements for automatic filling of water into 
the dishwasher tub are not applicable and instead, specific 
requirements for manually filling the water are specified, as detailed 
below. All other requirements of Appendix C1 and DOE's regulations 
remain applicable.
    In section 2.4, Water pressure, add at the end of the section:

    For compact dishwashers that do not have a direct water line, 
these water pressure conditions do not apply because the water will 
be added manually according to section 2.6.2.1.

    Following section 2.6.2, Non-soil-sensing dishwashers to be tested 
at a nominal inlet temperature of 50 [deg]F or 120 [deg]F, add section 
2.6.2.1 to read:

    2.6.2.1 For compact dishwashers that do not have a direct water 
line, manually fill the built-in water reservoir to the full 5-liter 
reservoir capacity stated by the manufacturer, using water at a 
temperature in accordance with section 2.3.3 of this appendix.

    In section 2.9, Preconditioning requirements, add at the end of the 
section:

    For compact dishwashers that do not have a direct water line, 
measurement of the prewash fill water volume, Vpw, if 
any, and measurement of the main wash fill water volume, 
Vmw, are not taken.

    In section 2.10.2, Main Wash Detergent Dosing, add at the end of 
the section:

    For compact dishwashers that do not have a direct water line, 
the Vmw is equal to 0.396 gallons (1.5 liters), which is 
the main wash fill volume.

    In section 3.3, Water meter, add at the end of the section:

    For compact dishwashers that do not have a direct water line, 
these water meter conditions do not apply. Water is added manually 
pursuant to section 2.6.2.1 of this appendix.

    In section 3.4, Water pressure gauge, add at the end of the 
section:

    For compact dishwashers that do not have a direct water line, 
these water pressure gauge conditions do not apply. Water is added 
manually pursuant to section 2.6.2.1 of this appendix.

    In section 4.1.3, Water consumption, add at the end of the section:

    For compact dishwashers that do not have a direct water line, 
these water consumption measurement requirements do not apply. Water 
is added manually pursuant to section 2.6.2.1 of this appendix.

    In section 5.4.1, Water consumption for non-soil-sensing electric 
dishwashers using electrically heated, gas-heated, or oil-heated water, 
add at the end of the section:

    For compact dishwashers that do not have a direct water line, 
the water consumption is equal to 4.8 liters, which is the volume of 
water used in the test cycle.

    (3) Representations. CNA may not make representations about the 
energy and water use of a basic model listed in paragraph (1) for 
compliance, marketing, or other purposes unless that basic model has 
been tested in accordance with the provisions set forth in this 
alternate test procedure and such representations fairly disclose the 
results of such testing.
    (4) This Interim Waiver Order shall remain in effect according to 
the provisions of 10 CFR 430.27.
    (5) This Interim Waiver Order is issued on the condition that the 
statements, representations, and documents provided by CNA are valid. 
DOE may rescind or modify this waiver at any time if it determines the 
factual basis underlying the petition for the Interim Waiver Order is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic model's true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, CNA may request that 
DOE rescind or modify the Interim Waiver Order if CNA discovers an 
error in the information provided to DOE as part of its petition, 
determines that the interim waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Issuance of this Interim Waiver Order does not release CNA from 
the applicable requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. CNA 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, CNA 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 consistent with 10 CFR 430.27(g).

    Signed in Washington, DC, on August 31, 2020.
Alexander N. Fitzsimmons,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

Before the United States Department of Energy, Washington, DC 20585

In the Matter of: Energy Efficiency Program: Test Procedure for 
Residential Dishwashers

Petition of CNA International, Inc. for Waiver and Interim Waiver of 
Test Procedure for Residential Dishwashers

    CNA International, Inc. (CNA) respectfully submits this Petition 
for Waiver and for Interim Waiver \1\ of the Department of Energy (DOE 
or Department) test procedure for residential dishwashers. 
Specifically, CNA seeks a waiver for its very-small-capacity, highly 
compact, manually filled countertop residential dishwasher because the 
product contains design characteristics that prevent testing according 
to the prescribed test procedures. As a result, the current test 
procedure is not representative of consumers' use of the product or the 
product's energy and water consumption characteristics. As described 
below, CNA proposes an alternative test procedure for this dishwasher 
that will allow CNA to test the product and determine compliance in 
accordance with the Department's current energy conservation standards 
for residential dishwashers. CNA requests expedited treatment of the 
Petition for Waiver and Interim Waiver.
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    \1\ See 10 CFR 430.27 (petitions for waiver and interim waiver).
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    Based in Wood Dale, Illinois, CNA is a national appliance 
distribution company that supplies affordable, quality products to 
homes and small businesses across the United States. With well-known 
brands including Magic Chef, Magic Chef Commercial, and Norpole, CNA 
markets its products through major retail stores and their websites and 
through commercial distributors across America.

I. Basic Model for Which a Waiver Is Requested

    The basic model for which a waiver is requested is factory basic 
model X1 and CNA model MCSCD3W. The

[[Page 55272]]

product would be distributed in commerce under the Magic Chef brand 
name.

II. Need for the Requested Waiver

    CNA's non-soil-sensing countertop dishwashers are highly beneficial 
products, with particular characteristics specifically designed to meet 
consumer needs in today's marketplace. Specifically, the dishwasher 
does not require a water hookup, but rather is filled manually by 
pouring 5 liters of tap water into a built-in tank. This allows for 
portability, ease of storage, and space-constrained dishwashing for 
residential consumers.\2\
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    \2\ To the best of CNA's knowledge, CNA is unable to identify 
any other manufacturers distributing residential dishwasher basic 
models in commerce in the United States that incorporate all of the 
design characteristics that are the subject of this petition.
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    CNA understands that the Department views its countertop dishwasher 
as a covered product for the purposes of the Department's energy 
conservation standards.\3\ The currently applicable standards for 
dishwashers are divided into two product classes on the basis of 
capacity, in terms of the number of place settings, into standard-size 
(8 or more place settings) and compact dishwashers (fewer than 8 place 
settings).\4\ The current test procedure for compact dishwashers is set 
forth at Appendix C1.\5\
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    \3\ See 42 U.S.C. 6292(a)(6); 10 CFR 430.2 (defining a 
dishwasher as a ``cabinet-like appliance which with the aid of water 
and detergent, washes, rinses, and dries (when a drying process is 
included) dishware, glassware, eating utensils, and most cooking 
utensils by chemical, mechanical and/or electrical means and 
discharges to the plumbing drainage system'').
    \4\ 10 CFR 430.32(f)(1). Under the current standard, ``[c]ompact 
size dishwashers shall not exceed 222 kwh/year and 3.5 gallons per 
cycle.'' Id.
    \5\ 10 CFR Pt. 430, Subpt. B, App. C1 (``Appendix C1'').
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    CNA requires a waiver because design characteristics of its 
countertop dishwasher prevent testing of the product according to the 
prescribed test procedure. Specifically, CNA's countertop dishwasher 
does not have a direct-line fill hose and cannot be automatically 
filled with water. Rather, the product is designed to be filled 
manually by pouring 5 liters of tap water into a reservoir that is 
built into a machine. As directed by the manufacturer, the water 
temperature should be slightly below room temperature: 50 [deg]F-68 
[deg]F (10 [deg]C-20 [deg]C). The dishwasher provides internal water 
heating to above 120 [deg]F during the normal cycle. A full dishwasher 
cycle uses approximately 4.7 to 4.8 liters of water--so the reservoir 
must be filled for each use. The full cycle includes a main wash stage 
that uses approximately 1.5 liters of water. The unit has a drain hose 
in the back so that the used water is drained into a sink. Because the 
unit is filled manually with water, it cannot be tested in accordance 
with sections of the test procedure requiring water inflow and water 
pressure criteria based on a water hookup that allows automatic water 
inflow into the machine during the test cycle. As described further 
below, CNA therefore requests a waiver of those aspects of the test 
procedure and proposes an alternative in which the water tank is 
manually filled before the test is run. CNA submits that procedure is 
representative of consumer use and, thus, representative of the 
product's true energy and water consumption characteristics.

III. Proposed Alternate Test Procedure

    CNA proposes the following alternate test procedure to evaluate the 
performance of the basic model that is the subject of the waiver 
request. The alternate test procedure is the same as the existing test 
procedure for residential dishwashers except that it takes into account 
the manual-fill design characteristics of the CNA model, which prevent 
testing according to that procedure. Specifically:
    CNA shall be required to test the performance of the basic model 
subject to the waiver according to the test procedure for residential 
dishwashers in 10 CFR part 430, subpart B, Appendix C1, except as 
follows:
    Add the following at the end of Section 2.4 of Appendix C1:

    ``For manually filled dishwashers that do not have a direct 
water line, these water pressure conditions do not apply because the 
water will be added manually according to Section 2.6.2.1.''

    Add new Section 2.6.2.1 of Appendix C1 as follows:

    ``For compact dishwashers that do not have a direct water line, 
manually fill the built-in water reservoir to the full 5-liter 
reservoir capacity stated by the manufacturer, using water at a 
temperature in accordance with section 2.3.3 of this appendix.''

    Add the following at the end of Section 2.10.2 of Appendix C1:

    ``For manually filled dishwashers that do not have a direct 
water line, the Vmw is equal to 0.396 gallons (or 1.5 
liters), which is the water capacity used in the main wash stage of 
the test cycle.''

    Add the following at the end of Section 3.3 of Appendix C1:

    ``For manually filled dishwashers that do not have a direct 
water line, these water meter conditions do not apply. Water is 
added manually pursuant to section 2.6.2.1.''

    Add the following at the end of Section 3.4 of Appendix C1:

    ``For manually filled dishwashers that do not have a direct 
water line, these water pressure gauge conditions do not apply. 
Water is added manually pursuant to section 2.6.2.1.''

    Add the following at the end of Section 5.4.1 of Appendix C1:

    ``For manually filled dishwashers that do not have a direct 
water line, the water consumption is equal to 4.8 liters, which is 
the volume of water used in the test cycle.''

IV. Petition for Interim Waiver

    CNA also hereby applies for an Interim Waiver of the applicable 
test procedure requirements for its very-small-capacity, highly 
compact, manually filled countertop residential dishwasher. The basic 
model for which an Interim Waiver is requested is factory basic model 
X1 and CNA model MCSCD3W. The model would be distributed in commerce 
under the Magic Chef brand name. CNA meets the criteria for an Interim 
Waiver.
    The Petition for Waiver is likely to be granted, as evidenced by 
its merits. CNA is likely to succeed in its Petition because the design 
characteristics described above prevent testing of the CNA model 
according to the prescribed test procedure contained in 10 CFR part 
430, subpart B, Appendix C1. Without waiver relief, CNA would be 
subject to requirements that clearly should not--and cannot--apply to 
this product. Additionally, CNA is likely to suffer economic hardship 
and competitive disadvantage if it must wait to rate this basic model 
for DOE purposes and distribute it in commerce in the United States. In 
the absence of an Interim Waiver, CNA will lack certainty as to whether 
it can launch these small-capacity, highly compact countertop 
dishwashers into the market. CNA predicts strong consumer demand for 
these dishwashers, and the inability to bring them to market through 
denial of an Interim Waiver will cause economic hardship and 
competitive disadvantage for CNA.
    DOE approval of CNA's Interim Waiver application is also supported 
by sound public policy reasons. The CNA product at issue meets 
consumers' needs in today's marketplace for portable, highly compact 
dishwashers. CNA's testing of this machine suggests that it is an 
affordable, energy-efficient alternative to installing a higher-
capacity compact or standard machine. There is no basis on which to 
delay these innovative products from entering the marketplace.

[[Page 55273]]

V. Conclusion

    CNA respectfully requests that DOE grant its Petition for Waiver of 
the applicable test procedure for the specified basic model and grant 
its Petition for Interim Waiver.
    CNA requests expedited treatment of these Petitions for Interim 
Waiver and Waiver. In that regard, DOE has stated in its notice 
concerning its certification, compliance, and enforcement rule: ``The 
Department renews its commitment to act swiftly on waiver requests.'' 
\6\ CNA appreciates this commitment by DOE.
---------------------------------------------------------------------------

    \6\ Energy Conservation Program: Certification, Compliance, and 
Enforcement for Consumer Products and Commercial and Industrial 
Equipment, 76 FR 12421, 12442 (March 7, 2011). DOE goes on to state, 
``DOE, as a matter of policy, will refrain from enforcement actions 
related to a waiver request that is pending with the Department.'' 
Id. To the same effect, DOE has stated, ``DOE recognizes that 
product innovations will always outpace DOE's rulemaking efforts. 
Thus, to encourage waivers and prevent the Department's 
administrative waiver process from delaying or deterring the 
introduction of novel, innovative products into the marketplace, the 
Department, as a matter of policy, will refrain from an enforcement 
action related to a specific basic model while a waiver request is 
pending with the Department.'' Enforcement Policy Statement--Pending 
Test Procedure Waiver Applications (issued Dec. 23, 2010) (re-issued 
Apr. 5, 2017), https://energy.gov/sites/prod/files/2017/04/f34/Enforcement%20Policy%20-%20waivers.pdf.

    Respectfully submitted,

/s/Bryan M. Choi,

Bryan M. Choi,
Sourcing Manager.
CNA, International Inc.
940 N Central Ave., Wood Dale, IL 60191

/s/Sam Walsh

Sam Walsh
Stephanie Weiner
Harris, Wilstshire & Grannis LLP
1919 M Street NW, 8th Floor, Washington, DC 20036
(202) 730-1313

Counsel to CNA International, Inc.
June 30, 2020.

[FR Doc. 2020-19564 Filed 9-3-20; 8:45 am]
BILLING CODE 6450-01-P