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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations 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 equipment 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 In addition to the requirements in paragraph b1 of this section, 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 waivers. 1 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
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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 terminate upon the date 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 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 upon the date specified in the decision and order, in accordance with paragraph i of this section.
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 180360 days after the publication date of the decision and order, as specified by DOE in the decision and order. Thereafter,
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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 180360
days after the publication date of the decision and order modifying the waiver, as specified by DOE in the decision and order. 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 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.

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