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70945

Rules and Regulations
Federal Register Vol. 86, No. 237
Tuesday, December 14, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF ENERGY

SUPPLEMENTARY INFORMATION:

10 CFR Parts 430 and 431

Table of Contents
EERE2019BTNOA0011

I. Summary of Final Rule II. Authority and Background A. Authority B. Background III. Discussion A. Automatic Granting of Interim Waiver After Prescribed Time Period B. Timeframe for Review of Interim Waivers C. Clarification of Necessary Contents of Interim Waiver D. Duration of Applicability of Interim Waivers and Waivers E. Transition Period for Compliance With Decision and Order or Amended Test Procedure F. Consistency With Enforcement Requirements G. Reasons for Rescinding or Modifying Waiver or Interim Waiver IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Consistent With OMBs Information Quality Bulletin for Peer Review M. Congressional Notification VI. Approval of the Office of the Secretary
RIN 1904AE24

Test Procedure Interim Waiver Process Office of Energy Efficiency and Renewable Energy EERE, U.S.
Department of Energy.
ACTION: Final rule.
AGENCY:

The U.S. Department of Energy DOE or the Department is revising the Departments test procedure interim waiver process. The 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, and that otherwise appear not to effectuate the statute properly.
DATES: This rule is effective February 14, 2022.
ADDRESSES: 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 www.regulations.gov. All documents in the docket are listed in the 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:
www.regulations.gov/docket?D=EERE2019-BT-NOA-0011. The 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, SUMMARY:

jspears on DSK121TN23PROD with RULES1

Washington, DC 205850121. Email:
Sarah.Butler@hq.doe.gov.
Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Email:
ApplianceStandardsQuestions@
ee.doe.gov.

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I. Summary of Final Rule 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 the Energy Policy and Conservation Act EPCA, found
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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.2
DOE proposed revisions to its procedures for processing petitions for interim waivers from test procedures mandated pursuant to EPCA in a notice of proposed rulemaking NOPR that was published on August 19, 2021
August 2021 NOPR. 86 FR 46793.
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 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/.
2 The Joint Advocates, Sierra Club and Earthjustice, and DEEP as identified in Table II.1
of this document urged DOE to comply with the deadline for final action on this proposal contained in Executive Order 13990. Joint Advocates, No. 65
at p. 2; Sierra Club and Earthjustice, No. 67 at p.
1; DEEP, No. 59 at p. 2

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