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DOE/EE RIN: 1904-AE25 Publication ID: Fall 2018 
Title: ●Amendments to the Test Procedure Waiver Process for Consumer Products and Commercial and Industrial Equipment 
Abstract:

The U.S. Department of Energy (DOE) is considering updates to its test procedure waiver decision-making process to require that after DOE publishes in the Federal Register a waiver to a manufacturer for a product employing a particular technology or having a particular characteristic, other manufacturers currently distributing in commerce in the United States a product or equipment employing a technology or characteristic that requires the same need for a waiver submit a petition for waiver within 120 days, as opposed to the 60-day period currently set forth in DOE’s regulations.  DOE also proposes such a petition for waiver be deemed granted unless, within 30 days of receipt of the application, the Department notifies, in writing, any such applicant that the request has been denied because the particular technology or characteristic of the applicant’s product is materially different than the initially granted waiver.  Should DOE fail to satisfy this requirement, the request for a waiver would be deemed granted for the same reasons DOE specified in the previous adjudication of the issues presented by the particular technology or characteristic in the initially published waiver decision.  

 
Agency: Department of Energy(DOE)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 10 CFR 430.27    10 CFR 431.401   
Legal Authority: 42 U.S.C. 6293    42 U.S.C. 6314   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Elizabeth Kohl
Supervisory Attorney
Department of Energy
1000 Independence Avenue NW.,
Washington, DC 20585
Phone:202 586-7796
Email: elizabeth.kohl@hq.doe.gov