[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