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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations
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 DOEs 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 December 14,
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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 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 18, 2020.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

Case Number 2020020
Interim Waiver Order I. Background and Authority The Energy Policy and Conservation Act, as amended EPCA,4 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.
62916317 Title III, Part B 5 of EPCA, Public Law 94163 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.
6292a6
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 4 All references to EPCA in this document refer to the statute as amended through Americas Water Infrastructure Act of 2018, Public Law 115270
Oct. 23, 2018.
5 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A.

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DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA 42
U.S.C. 6295s, and 2 making representations about the efficiency of that product 42 U.S.C. 6293c.
Similarly, DOE must use these test procedures to determine whether the covered product complies with relevant standards promulgated under EPCA. 42
U.S.C. 6295s 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 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.6293b3 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 DOEs 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 430.27f2. 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 consumption characteristics of the basic model. 10 CFR 430.27b1iii. DOE
may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR
430.27f2.
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 430.27l. As soon thereafter as practicable, DOE will publish in the Federal Register a final rule to that effect. Id.

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