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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations
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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 430.27e2.
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
430.27h1.
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
430.27h2.
II. FOTILEs Petition for Waiver and Interim Waiver On October 15, 2020, FOTILE filed a petition for waiver and interim waiver from the test procedure for dishwashers set forth at Appendix C1.6 In its petition for waiver, FOTILE stated that the subject dishwasher models, which FOTILE described as in-sink dishwashers, do not have a main detergent compartment and have different installation instructions than under-counter or under-sink dishwashers. FOTILE has requested DOE waive sections of the dishwasher test procedure pertaining to installation requirements and placement of the detergent. FOTILE has 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.
FOTILE 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.
10 CFR 430.27e2.
Based on the assertions in the petition, the installation and detergent placement characteristics of the subject basic models prevent testing of the basic 6 The specific basic models for which the petition applies are dishwasher basic models SD2FP1X and SD2FP1XL. These basic model names were provided by FOTILE in its October 15, 2020
petition.

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models 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.
6293c 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.
FOTILE seeks to use an alternate test procedure to test and rate specific dishwasher basic models. In its petition for waiver, CNA has suggested the following alternate test procedure:
Update the existing installation requirements in section 2.1 of Appendix C1 to add that, A compact in-sink dishwasher combined with a sink doesnt have a flat bottom and must be tested in a rectangular enclosure constructed of nominal 0.374 inch 9.5
mm plywood painted black. The enclosure must consist of a bottom, a front, a back, and two sides, and it shall not have a top. We put the in-sink dishwasher into the enclosure from the top and mounted it to the edges of the enclosure.
Update the existing detergent requirements in section 2.10 of Appendix C1 to add that, For compact dishwashers that have neither prewash program nor a main detergent compartment, determine the amount of main wash detergent in grams to be added directly into the dishwasher chamber according to section 2.10.2 of this appendix.
IV. Interim Waiver Order DOE has reviewed FOTILEs application for an interim waiver and the alternate test procedure requested by FOTILE. DOE also reviewed manufacturer information available online, including the operation manual 7
for the specified basic models. Based on this review, the suggested alternate test procedure appears to allow for the accurate measurement of the energy and water consumption of the specified basic models, while alleviating the testing problems associated with 7 The operation manual can be found in the docket at https www.regulations.gov/
docket?D=EERE-2020-BT-WAV-0035.

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FOTILEs implementation of dishwasher testing for these basic models. DOE has initially determined that testing the specified basic models in an enclosure consistent with the manufacturer installation instructions provides results that are more representative of average use. Consequently, DOE has determined that FOTILEs petition for waiver likely will be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant FOTILE
immediate relief pending a determination of the petition for waiver.
For the reasons stated, it is ordered that:
1 FOTILE must test and rate the following dishwasher basic models with the alternate test procedure set forth in paragraph 2.
Brand FOTILE
FOTILE

Basic model SD2FP1X
SD2FP1XL

2 The alternate test procedure for the FOTILE basic models 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 dishwasher installation and detergent placement are as detailed below. All other requirements of Appendix C1 and DOEs 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 and 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 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 this appendix.
3 Representations. FOTILE 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.

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