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Proposed Rules
Federal Register Vol. 86, No. 159
Friday, August 20, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF ENERGY
10 CFR Parts 430 and 431
EERE2019BTNOA0011
RIN 1904AE24

Test Procedure Interim Waiver Process Office of Energy Efficiency and Renewable Energy EERE, U.S.
Department of Energy.
ACTION: Notice of proposed rulemaking and request for comment.
AGENCY:

The U.S. Department of Energy DOE or the Department proposes to revise the Departments test procedure interim waiver process. The proposed revisions address areas of the test procedure interim waiver process regulations that may result in alternate test procedures that are inconsistent with the purpose and requirements of the Energy Policy and Conservation Act EPCA, and that otherwise appear not to effectuate the statute properly.
DATES: DOE will accept comments, data, and information regarding this notice of proposed rulemaking on or before September 20, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at https www.regulations.gov. Follow the instructions for submitting comments.
Alternatively, interested persons may submit comments, identified by 2021
Test Procedure Interim Waiver Process NOPR and docket number EERE2019
BTNOA0011 and/or the regulatory information number RIN 1904AE24, by any of the following methods:
1 Federal eRulemaking Portal:
https www.regulations.gov. Follow the instructions for submitting comments.
2 Email:
TPWaiverProcess2019NOA0011@
ee.doe.gov. Include 2021 Test Procedure Interim Waiver Process NOPR and docket number EERE2019
BTNOA0011 and/or RIN number 1904AE24 in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF,
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or ASCII file format, and avoid the use of special characters or any form of encryption.
Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including postal mail and hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of the ongoing Covid19 pandemic. DOE is currently accepting only electronic submissions at this time. If a commenter finds that this change poses an undue hardship, please contact Appliance Standards Program staff at 202 586
1445 to discuss the need for alternative arrangements. Once the Covid19
pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier.
No telefacsimiles faxes will be accepted. For detailed instructions on submitting comments and additional information on the rulemaking process, see section V Public Participation of this document.
Docket: The docket for this rulemaking, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at https www.regulations.gov.
All documents in the docket are listed in the https www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure.
The docket web page can be found at:
https www.regulations.gov/
docket?D=EERE-2019-BT-NOA-0011.
The https www.regulations.gov web page contains instructions on how to access all documents, including public comments, in the docket.
FOR FURTHER INFORMATION CONTACT:
Ms. Sarah Butler, U.S. Department of Energy, Office of General Counsel, GC
33, 1000 Independence Avenue SW, Washington, DC 205850121. Email:
Sarah.Butler@hq.doe.gov.
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Email:

PO 00000

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ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of Proposal On December 11, 2020, DOE
published a final rule December 2020
Final Rule in the Federal Register that made significant revisions to its procedures for processing petitions for interim waivers from test procedures mandated pursuant to EPCA, found in 10 CFR 430.27 and 10 CFR 431.401 85
FR 79802.
Subsequently, on January 20, 2021, the White House issued Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. 86 FR
7037 Jan. 25, 2021. Section 1 of that Order listed several policies related to the protection of public health and the environment, including reducing greenhouse gas emissions and bolstering the Nations resilience to climate change. Id. at 86 FR 7037, 7041. Section 2 of the Order instructs all agencies to review existing regulations, orders, guidance documents, policies, and any other similar agency actions agency actions promulgated, issued, or adopted between January 20, 2017, and January 20, 2021, that are or may be inconsistent with, or present obstacles to, these policies. Id. Agencies are then directed, as appropriate and consistent with applicable law, to consider suspending, revising, or rescinding these agency actions and to immediately commence work to confront the climate crisis. Id. In addition, the White House explicitly enumerated certain agency actions, including the December 2020 Final Rule, as actions that would be reviewed to determine consistency with Section 1
of the Order.1 Executive Order 13990, Fact Sheet.
While E.O. 13990 triggered the Departments re-evaluation, DOE is relying on the analysis presented below, based upon EPCA, to revise its prior rule. In conducting its review of the December 2020 Final Rule, DOE has identified areas that do not meet DOEs responsibilities under EPCA. The December 2020 Final Rule mandates a process that may result in alternate test 1 Fact Sheet: List of Agency Actions for Review Jan. 20, 2021, https www.whitehouse.gov/
briefing-room/statements-releases/2021/01/20/factsheet-list-of-agency-actions-for-review/.

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