Quiero saber acerca de...

khammond on DSKJM1Z7X2PROD with PROPOSALS

46802

Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules
favorable determination on the petition for interim waiver.

e Provisions specific to interim waivers1 Disposition of petition.
DOE will post a petition for interim waiver on its website within 5 business days of receipt of a complete petition.
DOE will make best efforts to review a petition for interim waiver within 90
business days of receipt of a complete petition.
2 Incomplete petitions. A petition for interim waiver that does not meet the content requirements of paragraph b of this section will be considered incomplete. DOE will notify the petitioner of an incomplete petition via email.
3 Criteria for granting. DOE will grant an interim waiver from the test procedure requirements 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 on the petition for waiver. Notice of DOEs determination on the petition for interim waiver will be published in the Federal Register.

g Extension to additional basic models. 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 models set forth in the original petition. The petition for extension must identify the particular basic models for which a waiver extension is requested, each brand name under which the identified basic models will be distributed in commerce, and documentation supporting the claim that the additional basic models employ the same technology as the basic models set forth in the original petition. DOE will publish any such extension in the Federal Register.
h Duration. 1 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.
2 When DOE publishes a decision and order on a petition for waiver in the Federal Register pursuant to paragraph f of this section, the interim waiver will terminate 180 days after the publication date of the decision and order.

VerDate Sep<11>2014

16:48 Aug 19, 2021

Jkt 253001

3 When DOE amends the test procedure to address the issues presented in a waiver, the waiver or interim waiver will automatically terminate on the compliance date of the amended test procedure.
i Compliance certification and representations. If the interim waiver test procedure methodology is different than the decision and order test procedure methodology, certification reports to DOE required under 10 CFR
429.12 and any representations may be based on either of the two methodologies until 180 days after the publication date of the decision and order.
j Petition for waiver required of other manufactures. Any manufacturer of a basic model employing a technology or characteristic for which a waiver was granted for another basic model and that results in the need for a waiver as specified by DOE in a published decision and order in the Federal Register must petition for and be granted a waiver for that basic model.
Manufacturers may also submit a request for interim waiver pursuant to the requirements of this section.
k Rescission or modification. 1
DOE may rescind or modify a waiver or interim waiver at any time upon DOEs determination that the factual basis underlying the petition for waiver or interim waiver is incorrect, upon a determination that the results from the alternate test procedure are unrepresentative of the basic models true energy consumption characteristics, or for other appropriate reason. Waivers and interim waivers are conditioned upon the validity of statements, representations, and documents provided by the requestor; any evidence that the original grant of a waiver or interim waiver was based upon inaccurate information will weigh against continuation of the waiver.
DOEs decision will specify the basis for its determination and, in the case of a modification, will also specify the change to the authorized test procedure.

PART 431ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
3. The authority citation for part 431
continues to read as follows:

Authority: 42 U.S.C. 62916317; 28 U.S.C.
2461 note.

4. Section 431.401 is amended by revising paragraphs b, e, g, h, i, j, and k1 to read as follows:

PO 00000

Frm 00010

Fmt 4702

Sfmt 4702

431.401 Petitions for waiver and interim waiver of the test procedure.

b Petition content and publication.
1 Each petition for interim waiver and waiver must:
i Identify the particular basic models for which a waiver is requested, each brand name under which the identified basic models will be distributed in commerce, the design characteristics constituting the grounds for the petition, and the specific requirements sought to be waived, and must discuss in detail the need for the requested waiver;
ii Identify manufacturers of all other basic models distributed in commerce in the United States and known to the petitioner to incorporate design characteristics similar to those found in the basic model that is the subject of the petition;
iii Include any alternate test procedures known to the petitioner to evaluate the performance of the product type in a manner representative of the energy and/or water consumption characteristics of the basic model; and iv Be signed by the petitioner or an authorized representative. In accordance with the provisions set forth in 10 CFR
1004.11, any request for confidential treatment of any information contained in a petition or in supporting documentation must be accompanied by a copy of the petition, application or supporting documentation from which the information claimed to be confidential has been deleted. DOE will publish in the Federal Register the petition and supporting documents from which confidential information, as determined by DOE, has been deleted in accordance with 10 CFR 1004.11 and will solicit comments, data and information with respect to the determination of the petition.
2 Each petition for interim waiver must reference the related petition for waiver, demonstrate likely success of the petition for waiver, and address what economic hardship and/or competitive disadvantage is likely to result absent a favorable determination on the petition for interim waiver.

e Provisions specific to interim waivers1 Disposition of petition.
DOE will post a petition for interim waiver on its website within 5 business days of receipt of a complete petition.
DOE will make best efforts to review a petition for interim waiver within 90
business days of receipt of a complete petition.
2 Incomplete petitions. A petition for interim waiver that does not meet
E:FRFM20AUP1.SGM

20AUP1