[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Notices]
[Pages 79171-79175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27039]


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DEPARTMENT OF ENERGY

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


Energy Conservation Program: Decision and Order Granting a Waiver 
to CNA International, Inc. From the Department of Energy Dishwashers 
Test Procedure

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

ACTION: Notification of decision and order.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case Number 2020-008) that grants to CNA 
International, Inc. (``CNA'') a waiver from specified portions of the 
DOE test procedure for determining the energy and water consumption of 
specified dishwashers. Under the Decision and Order CNA is required to 
test and rate the specified basic model of its dishwasher in accordance 
with the alternate test procedure specified in the Decision and Order.

DATES: The Decision and Order is effective on December 9, 2020. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for dishwashers located at title 
10 of the Code of Federal Regulations (``CFR''), part 430, subpart B, 
appendix C1 that addresses the issues presented in this waiver. At such 
time, CNA must use the relevant test procedure for this product for any 
testing to demonstrate compliance with the applicable 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. 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: By letter dated June 30, 2020, CNA filed a 
petition for waiver and a petition for interim waiver from the DOE test 
procedure applicable to dishwashers set forth in Appendix C1. CNA 
sought a waiver for a non-soil-sensing, compact (countertop) dishwasher 
because CNA asserted 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 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 
suggested an alternate test procedure in which the water tank is 
manually filled before the test is run and water consumption is 
stipulated.
    On September 4, 2020, DOE published a notice that announced its 
receipt of the petition for waiver and granted CNA an interim waiver. 
85 FR 55268 (``Notice of Petition for Waiver''). In the Notice of 
Petition for Waiver, DOE stated that, based on review of CNA's 
petition, certain requirements in Appendix C1 are not applicable to the 
basic model for which CNA sought a waiver and DOE granted CNA an 
interim waiver that specified an alternate test procedure that would be 
appropriate for testing the subject basic model. 85 FR 55268, 55270-
55271.
    In the Notice of Petition for Waiver, DOE also solicited comments 
from interested parties on all aspects of the petition and the 
specified alternate test procedure. 85 FR 55268. DOE received two 
comments in response to the Notice of Petition for Waiver, and an 
additional comment response on behalf of CNA.
    After reviewing these comments, DOE has concluded that absent a 
waiver, the basic model identified by CNA in its petition cannot be 
tested and rated for energy and water consumption on a basis 
representative of its true energy and water consumption 
characteristics. DOE has determined that the alternate test procedure 
granted in the interim waiver, with additional clarifying 
modifications, will allow for the accurate measurement of the energy 
and water use of the product while alleviating the problems CNA 
identified regarding testing the specified basic model according to 
DOE's applicable dishwashers test procedure.
    In accordance with Title 10 of the Code of Federal Regulations (10 
CFR 430.27(f)(2)), DOE gives notice of the issuance of its Decision and 
Order as set forth below. The Decision and Order grants CNA a waiver 
from the applicable test procedure at 10 CFR part 430, subpart B, 
appendix C1 for a specified basic model of dishwashers, and provides 
that CNA must test and rate such products using the alternate test 
procedure specified in the Decision and Order. CNA'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 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. 6293(c))
    Consistent with 10 CFR 430.27(j), not later than February 8, 2021, 
any manufacturer currently distributing in commerce in the United 
States products employing a technology or characteristic that results 
in the same need for a waiver from the applicable test procedure must 
submit a petition for waiver. Manufacturers not currently distributing 
such products in commerce in the United States must petition for and be 
granted a waiver prior to the distribution in commerce of those 
products in the United States. 10 CFR 430.27(j). Manufacturers may also 
submit a request for interim waiver pursuant to the requirements of 10 
CFR 430.27.

Signing Authority

    This document of the Department of Energy was signed on December 4, 
2020, by Daniel R Simmons, 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

[[Page 79172]]

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 December 4, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case #2020-008 Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
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 \2\ of 
EPCA 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))
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    \1\ 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).
    \2\ 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 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 procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results which reflect 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 at 10 CFR part 430, subpart B, 
appendix C1, ``Uniform Test Method for Measuring the Energy Consumption 
of 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 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.

II. CNA's Petition for Waiver: Assertions and Determinations

    By letter dated June 30, 2020, CNA filed a petition for waiver and 
a petition for interim waiver from the DOE test procedure applicable to 
dishwashers set forth in Appendix C1. CNA sought a waiver for a non-
soil-sensing, compact (countertop) dishwasher because CNA asserted 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 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 suggested an alternate test procedure in 
which the water tank is manually filled before the test is run and 
water consumption is stipulated.
    On September 4, 2020, DOE published a notice that announced its 
receipt of the petition for waiver and granted CNA an interim waiver. 
85 FR 55268 (``Notice of Petition for Waiver''). In the Notice of 
Petition for Waiver, DOE reviewed CNA's application for an interim 
waiver and the alternate test procedure requested by CNA. DOE stated 
that, based on review of CNA's petition, the requirements for automatic 
filling of water into the dishwasher tub that are currently specified 
in Appendix C1 are not applicable to the basic model for which CNA 
sought a waiver and instead specified requirements for manually filling 
the water. 85 FR 55268, 55270. In particular, DOE stated that the water 
pressure, water meter, water pressure gauge, and water consumption 
requirements specified in sections 2.4, 3.3, 3.4, and 4.1.3 of Appendix 
C1 are not applicable because these requirements are for automatic 
filling of water into the dishwasher. Id. Additionally, DOE prescribed 
an alternate test procedure specifying that for the basic model of 
compact dishwasher for which CNA sought a waiver, which does not have a 
direct water line, the built-in reservoir must be manually filled to 
the full 5-liter reservoir capacity stated by the manufacturer using 
water at a temperature in accordance with section 2.3.3 of Appendix C1. 
85 FR 55268, 55271. DOE also specified modifications to the detergent 
requirements in section 2.9 and 2.10.2 of Appendix C1; for section 2.9 
of Appendix C1, the alternate test procedure provides that the 
measurement of the prewash and main wash fill water volumes need not be 
taken, and for section 2.10.2 of Appendix C1, DOE specified that the 
main wash water volume for detergent dose measurement is 0.396 gallons. 
Id. Finally, in section 5.4.1 of Appendix C1, DOE specified that for 
the compact dishwasher basic model that is the subject of the waiver 
that does 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. Id.
    In the Notice of Petition for Waiver, DOE also solicited comments 
from interested parties on all aspects of the petition and the 
specified alternate test procedure. 85 FR 55268. DOE received comments 
in response to the Notice of Petition for Waiver, one from Whirlpool 
Corporation (``Whirlpool'') and one from Pacific Gas and Electric 
Company, San Diego Gas and Electric, and Southern California Edison, 
collectively known as the California Investor-Owned Utilities (``CA 
IOUs'').\3\
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    \3\ Whirlpool's comment can be accessed at: https://beta.regulations.gov/comment/EERE-2020-BT-WAV-0024-0003 and CA IOU's 
comment can be accessed at: https://beta.regulations.gov/comment/EERE-2020-BT-WAV-0024-0004.

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[[Page 79173]]

    Whirlpool questioned the specification in the Notice of Petition 
for Waiver to fill the built-in water reservoir to the full 5-liter 
reservoir capacity stated by the manufacturer. (Whirlpool, No. 0003, at 
p. 1).\4\ Instead, Whirlpool recommended that the alternate test 
procedure state, ``manually fill the built-in water reservoir to the 
full reservoir capacity stated by the manufacturer.'' Whirlpool 
commented that using the manufacturer-stated reservoir capacity (as 
opposed to the specific, 5-liter volume) would address any future 
variation in reservoir capacity and would also ensure that future 
manually filled dishwashers with reservoirs are not bound to a 5-liter 
capacity. Id. Whirlpool additionally commented that the Notice of 
Petition for Waiver should not stipulate that the water consumption is 
equal to 4.8 liters for manually filled compact dishwashers. 
(Whirlpool, No. 0003, at p. 2) Instead, Whirlpool recommended measuring 
the actual water consumption as the difference, in terms of water 
volume or weight, between water in the reservoir before the test cycle 
and after the test cycle. Id.
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    \4\ The parenthetical reference provides a reference for the 
comment as follows (commenter name, comment docket ID number, page 
of that document).
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    The CA IOUs commented that they generally agree with the alternate 
test procedure provided in the Notice of Petition for Waiver but that 
the test procedure would allow water in the tank to deviate from 
Appendix C1 temperature tolerances, possibly resulting in a more 
efficient measured wash cycle than would exist under standard test 
tolerances. (CA IOUs, No. 0004, at p. 1, 2) The CA IOUs further stated 
that the interim waiver test procedure only requires that water at 50 
degrees Fahrenheit (``[deg]F'')  2 [deg]F be filled in the 
tank at the start of the test, but does not include any provisions to 
maintain the water temperature over the duration of the test. (CA IOUs, 
No. 0004, at p. 2) The CA IOUs commented that if the temperature is not 
maintained over the duration of the test, the worst-case scenario would 
be that the water in the built-in reservoir could warm up by 
potentially 20 [deg]F, to the room temperature in the test lab. Id. The 
CA IOUs recommended using a direct water-cooling system to keep the 
water in the reservoir at 50 [deg]F  2 [deg]F for the 
duration of the test to ensure that the energy consumption results are 
comparable to those of other compact dishwashers and reflect the 
performance of the unit under the Appendix C1 test procedure 
conditions. Id. On October 15, 2020, Harris, Wiltshire & Grannis LLP 
submitted a letter to DOE providing CNA's response to the CA IOUs' 
comments. CNA noted that the proposed test procedure in the Notice of 
Petition for Waiver requires the supply water to be introduced and 
maintained at 50 [deg]F  2 [deg]F, in accordance with 
section 2.3.3 of Appendix C1. (CNA, No. 0005 at p. 1) CNA stated that 
the test procedure proposed in the Notice of Petition for Waiver would 
therefore not allow the manually filled water in the built-in reservoir 
to warm up to the extent that its temperature exceeds the prescribed 
tolerance of Appendix C1. Id. CNA did not describe the type of 
equipment or methods that would be used to maintain the temperature 
within the specified tolerance over the course of the test cycle.
    In response to Whirlpool's comments, DOE notes that the waiver 
granted in this Decision and Order is for the specific basic model 
specified by CNA, which has a built-in reservoir capacity of 5 liters 
and consumes 4.8 liters during a test cycle. If there were to be any 
future variation in reservoir capacity, or if in the future other 
manually-filled dishwashers with reservoirs are available on the 
market, this Decision and Order would not be applicable to those basic 
models and a new waiver petition would need to be submitted to DOE. See 
10 CFR 430.27(g) and (j). Therefore, DOE is maintaining the specific 
water volumes in this Decision and Order for the specific basic model 
to which this waiver is applicable, and clarifying that the manual fill 
volume applies to each preconditioning cycle as well as the test cycle. 
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. Id. At such 
time, DOE will consider specifying generally applicable requirements 
regarding water volume capacity.
    Additionally, DOE is not requiring the measurement of the actual 
water consumption as suggested by Whirlpool, because a procedure to 
weigh the remaining water in the reservoir may be unduly burdensome. As 
indicated by the materials reviewed, the water reservoir of the basic 
model specified in CNA's petition is integrated into the dishwasher 
(i.e., it cannot be removed). DOE is unaware of a method to remove the 
remaining water completely without introducing potential variability 
between tests. The additional burden of removing the remaining water 
from the reservoir would not ensure any more accurate of a result than 
that specified in the Notice of Petition for Waiver and specified in 
this Decision and Order.
    In response to the comments from the CA IOUs and CNA regarding 
maintaining water temperature over the duration of the test, the 
referenced test procedure provision requires maintaining the water 
temperature of the input water. See section 2.3.3. of Appendix C1. This 
test condition reflects the typical installation for dishwashers 
connected to a water source that remains at a constant temperature 
during operation. In the present case, as during actual consumer use, 
the water is introduced to the built-in reservoir at the supply 
temperature and then held briefly in the internal reservoir subject to 
ambient conditions prior to initiation of a usage cycle. Requiring 
during testing that the water in the reservoir maintain a constant 
temperature of 50[deg] 2 [deg]F throughout the cycle would 
not be representative of the average use of the dishwasher in actual 
use.
    While DOE does not have data to support any particular length of 
time during which the water in the reservoir would warm up beyond the 
2 [deg]F specified in the test procedure, DOE notes that 
the user manual \5\ for this basic model provides a sequence of 
operations for initiating a wash cycle as follows:
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    \5\ Available online at https://mcappliance.com/media/manuals/MCSCD3W.pdf.
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    (1) Press the power button;
    (2) Open the tank lid on the top of the dishwasher and pour 5 
liters of water into the water tank;
    (3) Select the desired function using the Wash Mode buttons, and 
then push the Start/Pause button; if the [Start/Pause button] is not 
pressed, the unit will start the wash cycle automatically after 10 
seconds.

    NOTE: If no buttons are pressed after the power is turned on, 
the unit will automatically go back to Standby mode after 2 minutes.

    Given these user manual specifications, DOE is including in the 
alternate test procedure a 2-minute maximum duration for starting the 
test cycle after preparing the unit for testing, including filling the 
built-in reservoir. The specified 2-minute duration from powering on 
the dishwasher to reverting to standby mode shows that users would 
start a wash cycle within this time period during typical use. Starting 
a test cycle within this 2-minute period

[[Page 79174]]

would produce results that are representative of actual use.
    Therefore, the alternate test procedure specified in this Decision 
and Order requires that the test cycle must begin within two minutes 
after powering on the dishwasher, as specified in the manufacturer 
instructions. This time period includes filling water in the built-in 
reservoir, consistent with the manufacturer instructions.
    For the reasons explained here and in the Notice of Petition for 
Waiver, absent a waiver the basic model identified by CNA in its 
petition cannot be tested and rated for energy and water consumption on 
a basis representative of its true energy and water consumption 
characteristics. DOE has reviewed the recommended procedure suggested 
by CNA and concludes that, as modified in this Decision and Order, it 
will allow for the accurate measurement of the energy and water use of 
the product, while alleviating the testing problems associated with 
CNA's implementation of DOE's applicable dishwashers test procedure for 
the specified basic model. DOE specifies a minor modification to CNA's 
recommended test procedure, which is to begin the test cycle within two 
minutes after powering on the dishwasher and filling water in the 
built-in reservoir. This update is expected to produce a representative 
measure of energy efficiency.
    Thus, DOE is requiring that CNA test and rate the specified 
dishwasher basic model according to the alternate test procedure 
specified in this Decision and Order, which is similar to the procedure 
provided in the interim waiver, but includes minor modifications 
following consideration of stakeholder comments.
    This Decision and Order is applicable only to the basic model 
listed and does not extend to any other basic models. DOE evaluates and 
grants waivers for only those basic models specifically set out in the 
petition, not future models that may be manufactured by the petitioner. 
CNA may request that DOE extend the scope of this waiver to include 
additional basic models that employ the same technology as those listed 
in this waiver. 10 CFR 430.27(g). CNA may also submit another petition 
for waiver from the test procedure for additional basic models that 
employ a different technology and meet the criteria for test procedure 
waivers. 10 CFR 430.27(a)(1).
    DOE notes that it may modify or rescind the waiver at any time upon 
DOE's determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, CNA 
may request that DOE rescind or modify the waiver if the company 
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).
    As set forth above, the test procedure specified in this Decision 
and Order is not the same as the test procedure offered by CNA. If CNA 
believes that the alternate test method it suggested provides 
representative results and is less burdensome than the test method 
required by this Decision and Order, CNA may submit a request for 
modification under 10 CFR 430.27(k)(2)/431.401(k)(2) that addresses the 
concerns that DOE has specified with that procedure. CNA may also 
submit another less burdensome alternative test procedure not expressly 
considered in this notice under the same provision.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission staff concerning the CNA petition for waiver.

IV. Order

    After careful consideration of all the material that was submitted 
by CNA, and comments received, in this matter, it is ORDERED that:
    (1) CNA must, as of the date of publication of this Order in the 
Federal Register, test and rate the following dishwasher basic model 
with the alternate test procedure as set forth in paragraph (2):

------------------------------------------------------------------------
                   Brand                             Basic model
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Magic Chef................................  MCSCD3W
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    (2) The alternate test procedure for the CNA basic model listed 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 other relevant 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, power on the dishwasher and then 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. Begin the test cycle within two 
minutes after powering on the dishwasher, as specified in the 
manufacturer instructions.

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

    For compact dishwashers that do not have a direct water line, 
for each preconditioning cycle as defined in section 1.15 of this 
appendix, 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. 
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 water capacity used in the main wash stage of the test cycle.

    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 the basic model listed in paragraph (1) of this 
Order for compliance or marketing, unless the basic model has been 
tested in

[[Page 79175]]

accordance with the provisions set forth above and such representations 
fairly disclose the results of such testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 430.27.
    (5) DOE issues this waiver on the condition that the statements, 
representations, and information provided by CNA are valid. If CNA 
makes any modifications to the controls or configurations of the basic 
model, such modifications will render the waiver invalid with respect 
to that basic model, and CNA 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 waiver at any time if it 
determines the factual basis underlying the petition for waiver 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, CNA may request that 
DOE rescind or modify the waiver if CNA 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) CNA remains obligated to fulfill any certification requirements 
set forth at 10 CFR part 429.

    Signed in Washington, DC, on December 4, 2020.
Daniel R Simmons,
Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2020-27039 Filed 12-8-20; 8:45 am]
BILLING CODE 6450-01-P