2 May 2019
Input Sought on Proposal to Streamline Energy Test Procedure Waiver Process
The U.S. Department of Energy is seeking input by 1 July on a proposal to streamline the agency’s energy test procedure waiver decision-making process. Specifically, the DOE would be required to notify in writing an applicant for an interim waiver of the disposition of the request within 30 business days of receipt of the application. Should the DOE fail to satisfy this requirement, the request for interim waiver would be deemed granted based on criteria that require the agency to grant such a waiver if it determines that it is desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver.
An interim waiver would remain in effect until a waiver decision is published or until the DOE publishes a new or amended energy test procedure that addresses the issues presented in the application, whichever is earlier. The DOE notes that the proposal is intended to address delays in the current process for considering requests for interim waivers and waivers from test methods, which in turn can result in significant delays for manufacturers in bringing new and innovative products to market.