8548 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 

9See 40 CFR 1507.3(b)(2)(ii), 1508.4. 

10 Instruction Manual section V.B(2)(a)–(c). 

The CEQ regulations allow federal 

agencies to establish, with CEQ review 

and concurrence, categories of actions 

(‘‘categorical exclusions’’) that 

experience has shown do not 

individually or cumulatively have a 

significant effect on the human 

environment and, therefore, do not 

require an Environmental Assessment 

(EA) or Environmental Impact 

Statement (EIS).9 Categorical exclusions 

established by DHS are set forth in 

Appendix A of the Instruction Manual. 

Under DHS NEPA implementing 

procedures, for an action to be 

categorically excluded, it must satisfy 

each of the following three conditions: 

(1) The entire action clearly fits within 

one or more of the categorical 

exclusions; (2) the action is not a piece 

of a larger action; and (3) no 

extraordinary circumstances exist that 

create the potential for a significant 

environmental effect.10

As discussed in more detail 

throughout this final rule, DHS is 

issuing this final rule to delay the 

effective date and postpone the 

implementation of the H–1B Selection 

Final Rule. That rule is amending 

regulations governing the selection of 

registrations or petitions, as applicable, 

toward the annual H–1B numerical 

allocations based on the wage level that 

equals or exceeds the proffered wage 

based on occupational classification and 

area of intended employment. 

Generally, DHS believes NEPA does 

not apply to a rule intended to change 

a discrete aspect of a visa program 

because any attempt to analyze its 

potential impacts would be largely, if 

not completely, speculative. The same 

applies to a rule delaying the effective 

date of such a rule that does not change 

the rule’s substance, but only postpones 

its effective date, and consequently 

pushes out the date on which it will be 

implemented. This final rule does not 

alter the statutory limitations on the 

numbers of nonimmigrants who may be 

issued initial H–1B visas or granted 

initial H–1B nonimmigrant status, or 

those who consequently will be 

admitted into the United States as H–1B 

nonimmigrants, or those who will be 

allowed to change their status to H–1B, 

or will extend their stay in H–1B status. 

DHS does not believe, and cannot 

reasonably estimate whether, the delay 

in a rule that establishes a wage-levelbased ranking approach to select H–1B 

registrations (or petitions in any year in 

which the registration requirement were 

suspended) that DHS is implementing 

will affect how many petitions will be 

filed for workers to be employed in 

specialty occupations or whether the 

regulatory amendments herein will 

result in an overall change in the 

number of H–1B petitions that 

ultimately will be approved, and the 

number of H–1B workers who will be 

employed in the United States in any 

FY. DHS has no reason to believe that 

delaying these amendments to H–1B 

regulations will change the 

environmental effect, if any, of the 

existing regulations. Therefore, DHS has 

determined that, even if NEPA applied 

to this action, this final rule clearly fits 

within categorical exclusion A3(d) in 

the Instruction Manual, which provides 

an exclusion for ‘‘promulgation of rules 

. . . that amend an existing regulation 

without changing its environmental 

effect.’’ This final rule only delays 

another final rule and will maintain the 

current human environment. This final 

rule is not a part of a larger action and 

presents no extraordinary circumstances 

creating the potential for significant 

environmental effects. Therefore, this 

action is categorically excluded and no 

further NEPA analysis is required. 

IV. Paperwork Reduction Act 

DHS is delaying the implementation 

of all changes to the H–1B Registration 

Tool (OMB Control number 1615–0144) 

and Form I–129, Petition for a 

Nonimmigrant Worker (Form I–129) 

(OMB Control number 1615–0009), 

associated with the H–1B Selection 

Final Rule until December 31, 2021. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2021–02665 Filed 2–4–21; 4:15 pm] 

BILLING CODE 9111–97–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Case Number 2020–020; EERE–2020–BT– 

WAV–0035] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Ningbo FOTILE Kitchen Ware Co. Ltd. 

From the Department of Energy 

Dishwashers Test Procedure and 

Notification of Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of petition for 

waiver and grant of an interim waiver; 

request for comments. 

SUMMARY: This notification announces 

receipt of and publishes a petition for 

waiver and interim waiver from Ningbo 

FOTILE Kitchen Ware Co. Ltd. 

(‘‘FOTILE’’), which seeks a waiver for 

specified dishwasher basic models from 

the U.S. Department of Energy (‘‘DOE’’) 

test procedure used for determining the 

energy and water consumption of 

dishwashers. DOE also gives 

notification of an Interim Waiver Order 

that requires FOTILE to test and rate the 

specified dishwasher basic models in 

accordance with the alternate test 

procedure set forth in the Interim 

Waiver Order. DOE solicits comments, 

data, and information concerning 

FOTILE’s petition and its suggested 

alternate test procedure so as to inform 

DOE’s final decision on FOTILE’s 

waiver request. 

DATES: The Interim Waiver Order is 

effective on February 8, 2021. Written 

comments and information are 

requested and will be accepted on or 

before March 10, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. 

Alternatively, interested persons may 

submit comments, identified by case 

number ‘‘2020–020’’, and Docket 

number ‘‘EERE–2020–BT–WAV–0035,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

FotileDishwasher2020WAV0035@

ee.doe.gov. Include Case No. 2020–020 

in the subject line of the message. 

• Postal Mail: Appliance and 

Equipment Standards Program, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Office, Mailstop 

EE–5B, Petition for Waiver Case No. 

2020–020, 1000 Independence Avenue 

SW, Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (‘‘CD’’), in which case it is 

not necessary to include printed copies. 

• Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, 6th Floor, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

No telefacsimilies (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: The docket, which includes 

Federal Register notices, comments, 


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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 8549 

1The specific basic models for which the petition 

applies are dishwasher basic models SD2F–P1X and 

SD2F–P1XL. These basic model names were 

provided by FOTILE in its October 15, 2020 

petition. 

2The operation manual can be found in the 

docket at https://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0035. 3The petition did not identify any of the 

information contained therein as confidential 

business information. 

and other supporting documents/ 

materials, is available for review at 

http://www.regulations.gov. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

The docket web page can be found at 

https://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0035. 

The docket web page contains 

instruction on how to access all 

documents, including public comments, 

in the docket. See the SUPPLEMENTARY

INFORMATION section for information on 

how to submit comments through 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. Email: 

AS_Waiver_Request@ee.doe.gov. 

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: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On 

October 15, 2020, FOTILE filed a 

petition for waiver and interim waiver 

from the test procedure for dishwashers 

set forth at Appendix C1.1 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. 

DOE has reviewed FOTILE’s 

application for an interim waiver and 

the alternate test procedure requested by 

FOTILE. DOE also reviewed 

manufacturer information available online, including the operation manual 2

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 

FOTILE’s implementation of dishwasher 

testing for these basic models. 

Consequently, DOE has determined that 

FOTILE’s 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. 

DOE notes, however, that FOTILE’s 

alternate test procedure specifies a test 

enclosure that differs from the 

installation instructions provided in the 

operation manual. Specifically, the 

alternate test procedure retains a 

requirement in Section 2.1 that the 

enclosure be brought into the closest 

contact with the appliance that the 

configuration of the dishwasher will 

allow. In the case of FOTILE’s basic 

model, this would include close contact 

between the bottom of the enclosure and 

the underside of the in-sink dishwasher. 

Because the height of the product is 

215⁄16 inches (541 millimeters (mm)), 

such proximity and resulting height of 

the test enclosure close to that value 

would conflict with the installation 

instructions in the operation manual, 

which specify a minimum enclosure 

height of 357⁄16 inches (900 mm), and 

may potentially result in differing heat 

losses from the dishwasher that could 

impact energy consumption during the 

cycle. DOE requests comment on any 

such potential impacts on energy 

consumption as a result of the test 

enclosure specifications in the alternate 

test procedure, and on whether 

installation should be required in 

accordance with the operation manual 

to provide results that are more 

representative of average use. 

DOE is publishing FOTILE’s petition 

for waiver in its entirety, pursuant to 10 

CFR 430.27(b)(1)(iv).3 DOE invites all 

interested parties to submit in writing 

by March 10, 2021, comments and 

information on all aspects of the 

petition, including the alternate test 

procedure. Pursuant to 10 CFR 

430.27(d), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is Jason Gastman, 

jason.gastman@fotile.com, 6 Campus 

Dr., Suite 210, Parsippany, NJ 07054. 

Submitting comments via http://

www.regulations.gov. The http://

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. If 

this instruction is followed, persons 

viewing comments will see only first 

and last names, organization names, 

correspondence containing comments, 

and any documents submitted with the 

comments. 

Do not submit to http://

www.regulations.gov information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (‘‘CBI’’)). Comments 

submitted through http://

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through http://www.regulations.gov 

before posting. Normally, comments 

will be posted within a few days of 

being submitted. However, if large 

volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that http://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via email, hand 

delivery/courier, or postal mail. 

Comments and documents submitted 

via email, hand delivery/courier, or 

postal mail also will be posted to http:// 


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8550 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 

4All 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). 

5For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

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 DOE’s 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, 

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 2020–020 

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. 

6291–6317) Title III, Part B 5 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 subject of this 

Interim Waiver Order. (42 U.S.C. 

6292(a)(6)) 

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 

covered 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 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.6293(b)(3)) 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 DOE’s 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 430.27(f)(2). 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 430.27(b)(1)(iii). DOE 

may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

430.27(f)(2). 

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 to that 

effect. Id. 


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6The specific basic models for which the petition 

applies are dishwasher basic models SD2F–P1X and 

SD2F–P1XL. These basic model names were 

provided by FOTILE in its October 15, 2020 

petition. 

7The operation manual can be found in the 

docket at https://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0035. 

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 430.27(e)(2). 

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 

430.27(h)(1). 

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 

430.27(h)(2). 

II. FOTILE’s 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 430.27(e)(2). 

Based on the assertions in the 

petition, the installation and detergent 

placement characteristics of the subject 

basic models prevent testing of the basic 

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. 

6293(c)) 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 

doesn’t 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 FOTILE’s 

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 

FOTILE’s 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 FOTILE’s 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 Basic model 

FOTILE ...................... SD2F–P1X 

FOTILE ...................... SD2F–P1XL 

(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 

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 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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8552 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 

(4) This Interim Waiver Order shall 

remain in effect according to the 

provisions of 10 CFR 430.27. 

(5) This Interim Waiver Order is 

issued on the condition that the 

statements, representations, test data, 

and documentary materials provided by 

FOTILE are valid. If FOTILE makes any 

modifications to the controls or 

configurations of a basic model subject 

to this Interim Waiver Order, such 

modifications will render the waiver 

invalid with respect to that basic model, 

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 waiver at any time if it 

determines the factual basis underlying 

the petition for the Interim Waiver 

Order is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic model’s 

true energy consumption characteristics. 

10 CFR 430.27(k)(1). Likewise, FOTILE 

may request that DOE rescind or modify 

the Interim Waiver Order if FOTILE 

discovers an error in the information 

provided to DOE as part of its petition, 

determines that the interim waiver is no 

longer needed, or for other appropriate 

reasons. 10 CFR 430.27(k)(2). 

(6) Issuance of this Interim Waiver 

Order does not release FOTILE from the 

applicable requirements set forth at 10 

CFR part 429. 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, 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 an interim waiver to 

include additional basic models 

employing the same technology as the 

basic model(s) set forth in the original 

petition consistent with 10 CFR 

430.27(g). 

Signed in Washington, DC, on December 

14, 2020. 

Daniel R Simmons, 

Assistant Secretary for Energy Efficiency and 

Renewable Energy. 

Petition of Ningbo FOTILE Kitchen 

Ware Co. Ltd for Waiver and Interim 

Waiver of Test Procedure for 

Residential Dishwasher SD2F– 

P1X&SD2F–P1XL 

Ningbo FOTILE Kitchen Ware Co. Ltd 

respectfully submits this petition for 

Waiver and for Interim Waiver of the 

Department of Energy (DOE or 

Department) test procedure for 

residential dishwashers. Specifically, 

FOTILE seeks a waiver for its verysmall-capacity, highly compact, 3–IN–1 

in-sink dishwasher because it contains 

design characteristics that prevent 

testing according to the test procedures 

from Appendix C1. This dishwasher 

does not have a main detergent 

compartment and has different 

installation instructions than undercounter or under-sink dishwashers. As a 

result, the current test procedure is not 

representative of consumers’ use of the 

product or the product’s energy and 

water consumption characteristics. As 

described below, FOTILE proposes an 

alternative test procedure for this 

dishwasher that will allow FOTILE to 

test the product and determine its’ 

compliance in accordance with the 

Department’s current energy 

conservation standards for residential 

dishwashers. 

FOTILE Group, based on Ningbo 

China, has been focusing on high-end 

kitchen appliances since its foundation 

in 1996. FOTILE’s business footprints 

have covered more than 30 countries, 

including the United States, Canada, 

Malaysia, Indonesia, Australia, etc. 

FOTILE markets its products only under 

the ‘‘FOTILE’’ brand in the United 

States. 

I. Model for Which a Waiver Is 

Requested 

The Basic models for which a waiver 

is requested are SD2F–P1X and SD2F– 

P1XL. Both of these models include a 

sink and a dishwasher combined into 

one unit. These two models are 

basically identical. They have the same 

electrical, physical, and functional 

characteristics that affect energy 

consumption, energy efficiency, water 

consumption, and water efficiency. The 

only difference between SD2F–P1X and 

SD2F–P1XL is the position of the sink 

and the dishwasher. The dishwasher 

chamber of SD2F–P1X is on the right 

and of SD2F–P1XL is on the left. As a 

result, these basic models can use the 

same petition for Waiver and for Interim 

Waiver. 

II. Need for the Requested Waiver 

The FOTILE non-soil-sensing in-sink 

dishwasher is a highly beneficial 

product, especially suitable for small 

families, tiny house structures, RVs, 

home bars, secondary kitchens, and 

other space-constrained places. The unit 

uses less time to finish a normal wash, 

which is approximately 45min with 

excellent washing results. It also has 

beneficial design characteristics to avoid 

having to bend when loading and 

unloading dishes. 

To the best of FOTILE’s knowledge, 

FOTILE is unable to identify any other 

manufactures distributing residential 

dishwasher models in commerce in the 

United States that incorporate all of the 

design characteristics that are the 

subject of this petition. 

According to the Appendix C1, 

FOTILE in-sink dishwasher is a compact 

dishwasher, as it can only hold 2 place 

settings and 6 serving pieces. The 

current test procedure for compact 

dishwasher is set forth in Appendix C1. 

FOTILE requires a wavier because the 

design characteristics of its in-sink 

dishwasher prevent testing of the 

product according to the prescribed 

DOE test procedure. The first reason we 

require a waiver is, the FOTILE in-sink 

dishwasher does not have a main 

detergent compartment. Consumers can 

add dishwasher detergent directly into 

the dishwasher chamber. The second 

reason we are applying for a waiver is 

this unit is combined with a sink and 

has a different height, so the machine 

does not have a flat bottom, and cannot 

stand on the ground. Therefore, the 

installation instructions are different 

from a traditional under-counter 

dishwasher. Because of these two design 

characteristics, this unit cannot be 

tested in accordance with sections of the 

test procedure regarding adding 

detergent and installation requirements. 

As described further below, FOTILE 

therefore requests a waiver of those 

aspects of the test procedure and 

proposes an alternative in which the 

detergent is put directly into the 

dishwasher chamber, and the unit is 

mounted into a counter top cut-out 

enclosure. 

FOTILE submits that the procedure is 

representative of consumer use and 

thus, representative of the product’s true 

energy and water consumption 

characteristics. 

111. Proposed Alternate Test Procedure 

FOTILE proposed the following 

alternative test procedure to evaluate 

the performance of the model that is 

subject of the waiver request. The 

alternative test procedure is the same as 

the existing test procedure for 

residential dishwasher except that it 

considers that the unit doesn’t have a 

main detergent compartment and 

doesn’t have a flat bottom. 

FOTILE shall be required to test the 

performance of the model subject to the 

waiver according to the test procedure 

for residential dishwashers in 10 CFR 

part 430, subpart B, Appendix C1, 

except as follows: 

Add the following at the end of 

section 2.10 of Appendix C1: 


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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations 8553 

‘‘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.’’ 

Add the following at the end of 

section 2.1 of Appendix C1: 

‘‘A compact in-sink dishwasher 

combined with a sink doesn’t have a flat 

bottom and must be tested in a 

rectangular enclosure constructed of 

nominal 0.374inch (9.5mm) 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.’’ 

IV. Petition for Interim Waiver 

FOTILE also hereby applies for an 

Interim Waiver of the applicable test 

procedure requirement for its verysmall-capacity, highly compact, 3–IN–1 

in-sink residential dishwasher. The 

models for which the Interim Waiver is 

requested are SD2F–P1X and SD2F– 

P1XL. These models will be marketed in 

commerce under the FOTILE brand 

name. Based on these facts, we feel 

FOTILE meets the criteria for an Interim 

Waiver. Without waiver relief, FOTILE 

would be subject to requirements that 

clearly cannot apply to this product. In 

addition, FOTILE would most likely 

suffer economic hardship and be at a 

competitive disadvantage if it cannot 

gain DOE approval and start to 

distribute in the United States. 

FOTILE’s in-sink dishwasher meets 

consumers’ needs in today’s 

marketplace because it is highly 

compact, easy to install, saves time, and 

eliminates having to bend down while 

loading and unloading dishes. It is also 

an affordable, energy-efficient 

alternative for consumers to choose. In 

FOTILE’s opinion, we feel there is no 

basis to delay this innovative product 

from entering the marketplace. 

V. Conclusion 

FOTILE respectfully requests that 

DOE grant its Petition for Waiver of the 

applicable test procedure and grant its 

Petition for Interim Waiver for the 

specified models. 

FOTILE also submits its test report 

according to the alternate test procedure 

included in the attachment. 

Thank you for your timely attention 

on reviewing this application of petition 

for Waiver and for Interim Waiver. 

Respectfully submitted, 

/s/ 

Guoqing Hu, 

Director of Product Department. 

Ningbo FOTILE Kitchen Ware Co. Ltd 

No.218 Binhai 2nd Road, Hangzhou Bay New 

District, Ningbo, China(315336) 

[FR Doc. 2020–28497 Filed 2–5–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Case Number 2020–013; EERE–2020–BT– 

WAV–0027] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Hercules, a Senneca Holdings 

Company, From the Department of 

Energy Walk-in Cooler and Walk-in 

Freezer Test Procedure and 

Notification of Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of petition for 

waiver and grant of an interim waiver; 

request for comments. 

SUMMARY: This document announces 

receipt of and publishes a petition for 

waiver and interim waiver from 

Hercules, a Senneca Holdings company, 

which seeks a waiver for specified basic 

models of walk-in cooler and walk-in 

freezer doors (‘‘walk-in doors’’) from the 

U.S. Department of Energy (‘‘DOE’’) test 

procedure used for determining the 

energy consumption of walk-in doors. 

This document also provides 

notification of an Interim Waiver Order 

requiring Hercules to test and rate the 

specified walk-in door basic models in 

accordance with the alternate test 

procedure set forth in the Interim 

Waiver Order. DOE solicits comments, 

data, and information concerning the 

petition and its suggested alternate test 

procedure so as to inform DOE’s final 

decision on the waiver request. 

DATES: The Interim Waiver Order is 

effective on February 8, 2021. Written 

comments and information are 

requested and will be accepted on or 

before March 10, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. 

Alternatively, interested persons may 

submit comments, identified by case 

number ‘‘2020–013’’, and Docket 

number ‘‘EERE–2020–BT–WAV–0027,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: Hercules2020WAV0027@

ee.doe.gov. Include Case No. 2020–013 

in the subject line of the message. 

• Postal Mail: Appliance and 

Equipment Standards Program, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Office, Mailstop 

EE–5B, Petition for Waiver Case No. 

2020–013, 1000 Independence Avenue 

SW, Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (‘‘CD’’), in which case it is 

not necessary to include printed copies. 

• Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, 6th floor, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

No telefacsimilies (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

http://www.regulations.gov. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

The docket web page can be found at 

http://www.regulations.gov/ 

docket?D=EERE-2020-BT-WAV-0027. 

The docket web page contains 

instruction on how to access all 

documents, including public comments, 

in the docket. See the SUPPLEMENTARY

INFORMATION section for information on 

how to submit comments through 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. Email: 

AS_Waiver_Request@ee.doe.gov. 

Mr. Michael Kido, 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) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Department of Energy (‘‘DOE’’) is 


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