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The U.S. Department of Energy (DOE) is proposing to update 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 must submit a petition for waiver within 120 days, as opposed to the 60 day period currently set forth in DOE’s regulations.  DOE is also proposing a requirement that the Department notify, in writing, any such applicant for a waiver whether the request has been either granted or denied within 30 days of receipt of the application.  The proposal also provides that if DOE fails to satisfy this requirement, the request for a waiver would be deemed granted based on the fact that DOE previously had adjudicated the issues presented by the particular technology or characteristic in the initially published waiver decision.