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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules 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 final 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 180 days after the publication date of the decision and order 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 date on which use of that test procedure is required to demonstrate compliance.
i Compliance certification and representations. 1 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
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methodologies until 180360 days after the publication date of the decision and order, as specified by DOE in the decision and order. Thereafter, certification reports and any representations must be based on the decision and order test procedure methodology unless otherwise specified by DOE. Once a manufacturer uses the decision and order test procedure methodology in a certification report or any representation, all subsequent certification reports and any representations must be made using the decision and order test procedure methodology while the waiver is valid.
2 When DOE publishes a new or amended test procedure, certification reports to DOE required under 10 CFR
429.12 and any representations may be based on the testing methodology of an applicable waiver or interim waiver, or the new or amended test procedure until the date on which use of such test procedure is required to demonstrate compliance unless otherwise specified by DOE in the test procedure final rule.
Thereafter, certification reports and any representations must be based on the test procedure final rule methodology.
Once a manufacturer uses the test procedure final rule methodology in a certification report or any representation, all subsequent certification reports and any representations must be made using the test procedure final rule methodology.
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.

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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.

FR Doc. 202116341 Filed 81921; 8:45 am BILLING CODE 645001P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration 21 CFR Part 73
Docket No. FDA2021C0787

Piotrovska, PTY LTD.; Filing of Color Additive Petition AGENCY:

Food and Drug Administration,
HHS.
ACTION:

Notification of petition.

The Food and Drug Administration FDA or we is announcing that we have filed a petition, submitted by Australian Laboratory Services, PTY LTD., on behalf of Piotrovska, PTY LTD., proposing that the color additive regulations be amended to expand the permitted uses of synthetic iron oxide as a color additive to include use in edible decorative paint.
DATES: The color additive petition was filed on June 28, 2021.
ADDRESSES: For access to the docket to read background documents or comments received, go to https
www.regulations.gov and insert the docket number found in brackets in the heading of this document into the Search box and follow the prompts, and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Stephen DiFranco, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 2404022710;
or Jessica Larkin, Office of Regulations and Policy HFS024, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 2404022378.
SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic Act section 721d1 21 U.S.C.
379ed1, we are giving notice that we have filed a color additive petition CAP 1C0321, submitted by Australian Laboratory Services, PTY LTD., on behalf of Piotrovska, PTY LTD., Australian Laboratory Services, PTY
LTD., 28 South Street Unit 10, Rydalmere, NSW, 2116, Australia. The SUMMARY:

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