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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations
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 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 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 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 upon the data specified in the decision and order, in accordance with paragraph i of this section.
3 When DOE amends the test procedure to address the issues
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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.
4 When DOE publishes a decision and order in the Federal Register to modify a waiver pursuant to paragraph k of this section, the existing waiver will terminate 180 days after the publication date of the decision and order.
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 must be based on either of the two methodologies until 180 days after the publication date of 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 must 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.
3 If DOE publishes a decision and order modifying an existing waiver, certification reports to DOE required under 10 CFR 429.12 and any representations must be based on either of the two methodologies until 180 days after the publication date of the decision and order modifying the waiver.
Thereafter, certification reports and any representations must be based on the modified test procedure methodology unless otherwise specified by DOE.
Once a manufacturer uses the modified
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test procedure methodology in a certification report or any representation, all subsequent certification reports and any representations must be made using the modified test procedure methodology while the modified waiver is valid.
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 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:

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
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