Notice2021-15577
Energy Conservation Program: Extension of Waiver to Ningbo FOTILE Kitchen Ware Co. Ltd. From the Department of Energy Dishwashers Test Procedure
Primary source
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Published
July 22, 2021
Effective
July 22, 2021
Issuing agencies
Energy Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38700-38702]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15577]
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DEPARTMENT OF ENERGY
[Case Number 2021-005, EERE-2020-BT-WAV-0035]
Energy Conservation Program: Extension of Waiver to Ningbo FOTILE
Kitchen Ware Co. Ltd. From the Department of Energy Dishwashers Test
Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of extension of waiver.
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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:
<a href="/cdn-cgi/l/email-protection#4203111d15232b3427301d10273337273136310227276c262d276c252d34"><span class="__cf_email__" data-cfemail="4504161a12242c3320371a17203430203631360520206b212a206b222a33">[email protected]</span></a>.
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:
<a href="/cdn-cgi/l/email-protection#1b5a767e77727a354c73726f72757c5b736a357f747e357c746d"><span class="__cf_email__" data-cfemail="4d0c202821242c631a25243924232a0d253c63292228632a223b">[email protected]</span></a>.
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))
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\1\ FOTILE's request is available at <a href="https://www.regulations.gov/docket/EERE-2020-BT-WAV-0035-0005">https://www.regulations.gov/docket/EERE-2020-BT-WAV-0035-0005</a>. The specified
basic models are: SD2F-P3 and SD2F-P3L.
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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))
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\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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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
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FOTILE.................................... SD2F-P3.
FOTILE.................................... SD2F-P3L.
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(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
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