38700 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

1FOTILE’s request is available at https://

www.regulations.gov/docket/EERE-2020-BT-WAV0035-0005. The specified basic models are: SD2F– 

P3 and SD2F–P3L. 

1All 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). 

2For editorial reasons, upon codification in the 

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

DanielFrank@evershedssutherland.com. 

Before a Presidential permit may be 

issued or amended, DOE must 

determine that the proposed action is in 

the public interest. In making that 

determination, DOE may consider the 

environmental impacts of the proposed 

project, determine the project’s impact 

on electric reliability by ascertaining 

whether the proposed project would 

adversely affect the operation of the U.S. 

electric power supply system under 

normal and contingency conditions, and 

weigh any other factors that it may also 

deem relevant to the public interest. 

DOE must also obtain favorable 

recommendations of the Secretary of 

State and the Secretary of Defense 

before taking final action on a 

Presidential permit application. 

Copies of this application will be 

made available, upon request, for public 

inspection and copying at the address 

provided above, or by accessing the 

program website at https://energy.gov/ 

oe/services/electricity-policycoordination-and-implementation/ 

international-electricity-regulatio-2. 

Signed in Washington, DC, on July 19, 

2021. 

Christopher Lawrence, 

Management and Program Analyst, Energy 

Resilience Division, Office of Electricity. 

[FR Doc. 2021–15599 Filed 7–21–21; 8:45 am] 

BILLING CODE 6450–01–P 

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: AS_Waiver_

Requests@ee.doe.gov. 

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: 

Amelia.Whiting@hq.doe.gov. 

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)) 

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)) 

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 


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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 


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38702 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

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 

DEPARTMENT OF ENERGY 

[OE Docket No. EA–489] 

Application To Export Electric Energy; 

North Star Electric Cooperative 

AGENCY: Office of Electricity, 

Department of Energy. 

ACTION: Notice of application. 

SUMMARY: North Star Electric 

Cooperative (Applicant or North Star) 

has applied for authorization to transmit 

electric energy from the United States to 

Canada pursuant to the Federal Power 

Act. 

DATES: Comments, protests, or motions 

to intervene must be submitted on or 

before August 23, 2021. 

ADDRESSES: Comments, protests, 

motions to intervene, or requests for 

more information should be addressed 

by electronic mail to 

Electricity.Exports@hq.doe.gov, or by 

facsimile to (202) 586–8008. 

FOR FURTHER INFORMATION CONTACT: Matt 

Aronoff, 202–586–5863, 

matthew.aronoff@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Energy (DOE) regulates 

exports of electricity from the United 

States to a foreign country, pursuant to 

sections 301(b) and 402(f) of the 

Department of Energy Organization Act 

(42 U.S.C. 7151(b) and 42 U.S.C. 

7172(f)). Such exports require 

authorization under section 202(e) of 

the Federal Power Act (16 U.S.C. 

824a(e)). 

On June 6, 2021, North Star filed an 

application with DOE (Application or 

App.) to transmit electric energy from 

the United States to Canada for a term 

of five years. North Star states that it ‘‘is 

a cooperative corporation organized 

under Minnesota state law with its 

principal place of business [in] 

Baudette, MN.’’ App. at 4. North Star 

also describes itself as ‘‘a distribution 

cooperative member-owner of Minnkota 

Power Cooperative (‘Minnkota’), a 

generation and transmission . . . 

cooperative that provides wholesale 

power requirements to North Star and 

its other member-owned cooperatives.’’ 

Id. at 1–2. North Star further represents 

that ‘‘because [it] is a cooperative, [its] 

customers are its member-owners.’’ Id. 

at 1. 

North Star states that it ‘‘does not own 

any of its own power generation 

facilities itself, but instead purchases all 

of its power supply requirements (to 

serve its retail customers) from 

Minnkota.’’ App. at 2. 

At the time of its application, North 

Star served residential customers in 

Canada ‘‘via two radial, low-voltage 

feeds that cross the U.S.-Canadian 

border and extend ten miles from 

Minnkota’s International Falls 

Substation in northern Minnesota to the 

border and then into Canada.’’ App. at 

2. It describes these customers as ‘‘in 

Canadian waters.’’ Id. North Star has 

applied for an export authorization ‘‘so 

that it may continue to serve its existing 

customers in Canada and to serve any 

future customers that may be tapped off 

the described radial lines,’’ including 

three new customers—also in Canadian 

waters—who have requested service. Id. 

at 3. North Star contends that its 

proposed exports ‘‘will not impair the 

sufficiency of electric supply within the 

United States’’ and will not ‘‘impede or 

tend to impede the coordination in the 

public interest of facilities subject to the 

jurisdiction of the Federal Energy 

Regulatory Commission.’’ Id. 

The Applicant represents that the 

existing cross-border distribution 

facilities to be utilized by the Applicant 

have been in operation for at least 50 

years. See App. at 7. North Star has 

exported power over these distribution 

facilities without holding the required 

export authorization under section 

202(e) of the Federal Power Act, and 

‘‘regrets that it did not obtain this 

required authorization earlier.’’ Id. at 3. 

The Applicant states that ‘‘in July 2018, 

after being approached by three 


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