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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations information required for an extension request and allow DOE to process such requests more expeditiously.
DOE requested comments on its proposals to specify the contents of a complete petition for interim waiver, to formalize the process by which DOE
will respond to incomplete petitions, and to specify the information that must be provided in a request to extend a waiver to additional basic models.
DOE received comments expressing support for these proposals from multiple interested parties. The Joint Advocates stated that DOE has made clear in the proposed rule what constitutes a complete application.
Joint Advocates, No. 65 at p. 12 The CA IOUs stated that they appreciate DOEs efforts to clarify its data needs for waiver evaluation and anticipate that this will limit confusion and unnecessary delays so that DOE can more easily strive towards the new proposed evaluation period. CA IOUs, No. 64 at p. 1 DEEP stated that these proposed amendments will help increase clarity and transparency on the requirements for a complete interim waiver request and that these changes will benefit both the manufacturers submitting the request and competitors subject to the same test procedure. DEEP
also supported allowing iterative communication and assistance between DOE and a petitioner. DEEP, No. 59 at p. 2
The Joint Commenters, Carrier, and Lennox supported DOEs proposals to establish criteria for determining when an interim test procedure waiver application is complete. Joint Commenters, No. 69 at p. 4; Carrier, No.
66 at p. 2; Lennox, No. 60 at p. 3 The Joint Commenters supported DOE
reviewing each application to ensure completeness. Joint Commenters, No.
69 at p. 4 Lennox added that the regulations should affirmatively require that an interim waiver application include an appropriate alternate test method before being deemed administratively complete. Lennox, No.
60 at p. 3
NAFEM stated that to maintain the 45-day review, NAFEM could support better guidance and clarity regarding what constitutes a complete petition to ensure that DOE received all of the necessary information for its decisionmaking process upfront. NAFEM, No.
62 at p. 3
The Joint Commenters and MIAQ
supported a clearly articulated process by which DOE will respond to incomplete petitions. Joint Commenters, No. 69 at p. 4; MIAQ, No.
61 at p. 2 BWC supported DOEs proposal to conduct communication
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with a manufacturer to clarify a waiver request via email versus formal letters.
BWC, No. 68 at p. 1
DOE also received comments requesting additions to the proposal.
BWC recommended that DOE provide a template or example of what information would ensure a proper submittal instead of just including it as text in the Code of Federal Regulations.
BWC, No. 68 at p. 1 The Joint Commenters and Carrier requested that DOE include a requirement that DOE
respond to the petitioner within 10
business days regarding the completeness of their petition. Carrier, No. 66 at p. 2; Joint Commenters, No. 69
at p. 4 Carrier requested that DOE
consider including language to clearly articulate the iterative process by which DOE will assist manufacturers in completing their petitions. Carrier, No.
66 at p. 2
The Joint Commenters, Carrier, and MIAQ supported DOEs proposal to state at 10 CFR 430.27e1 and 10 CFR
431.401e1 that DOE will post a petition for interim waiver on its website within five business days of receipt of a complete petition. Carrier, No. 66 at p. 2, Joint Commenters, No. 69
at p. 4; MIAQ, No. 61 at p. 2 Joint Advocates also supported this proposal, stating that posting complete applications in 5 days will improve transparency, providing notice to competitors and others that an application is under consideration.
Joint Advocates, No. 65 at p. 12 The Joint Commenters and MIAQ suggested DOE promote transparency by sending an email to the appropriate mailing lists to announce posting of a complete waiver petition. Joint Commenter, No.
69 at p. 4; MIAQ, No. 61 at p.2
Joint Commenters, Carrier, and MIAQ
supported DOEs proposed amendments to 10 CFR 430.27g and 10 CFR
431.401g to specify the information that must be provided in a request to extend a waiver to additional basic models. Carrier, No. 66 at p. 2; Joint Commenters, No. 69 at p. 4; MIAQ, No.
61 at p.2 NAFEM stated that there must be a clear and precise mechanism for extending waivers to additional basic models, noting that waivers must allow for manufacturers that are continuing to improve the products subject to the waiver, which then become similar but not identical products that should also be covered by the waiver. NAFEM, No.
62 at p. 3
DOE appreciates the suggestion by BWC regarding the usefulness of a template that would clearly outline the information required to ensure a complete waiver or interim waiver petition, which manufacturers could
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reference when drafting a petition. DOE
will consider developing such a template or an example submission that could be made available on the Departments waiver website 11
following the effective date of this final rule.
Regarding the suggestion to require that DOE respond to the petitioner within 10 business days regarding completeness of petitionas a regular course of action, DOE typically notifies a manufacturer regarding the completeness of a petition within 5
business days of submission as part of its obligation to satisfy the current requirements at 10 CFR 430.27e1i and 431.401e1i to post a petition for an interim waiver on its website within 5 business days of receipt. DOE
believes that its current practice in this regard is working well and that an additional regulatory requirement regarding notification of completeness is not needed at this time.
Regarding the suggestion for DOE to clearly articulate in the waiver regulations the iterative process by which DOE will assist manufacturers in completing their petitionsin DOEs experience, in cases where DOE has determined that a submitted petition is incomplete, DOE notifies the manufacturer within 5 business days and explains how the petition is incomplete. The manufacturer then makes the required corrections and resubmits the petition. DOE reviews the revised petition and communicates any deficiencies to the manufacturer via email, as necessary, or proceeds with processing the petition if the revised petition meets the content requirements of 10 CFR 430.27b or 10 CFR
431.401b. DOE believes that specifying the content requirements of a complete petition for interim waiver and the method by which DOE will communicate with manufacturers is sufficiently detailed and that an additional regulatory requirement regarding the process by which DOE
assists manufacturers in submitting a complete petition is not needed at this time.
Regarding the suggestion by multiple commenters that DOE send an email to the appropriate mailing lists to announce posting of a complete waiver petitionDOE appreciates the suggestion and will consider incorporating this approach into its general practices moving forward. DOE
notes that it already uses this communication approach for most 11 DOEs waiver website is available at www.energy.gov/eere/buildings/current-testprocedure-waivers.

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