G/TBT/N/USA/1491/Add.3  
 
14 December 2020  
(20-8994) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
NOTIFICATION  
Addendum  
The following communication , dated  14 December 2020 , is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title: Test Procedure Interim Waiver Process  
 
Reason for Addendum:  
[  ] Comment period changed - date:   
[  ] Notified measure adopted - date:  
[X] Notified measure published - date: 11 December 2020  
[X] Notified measure enters into force - date: 11 January 2021  
[X] Text of final measure available from1:  
https://www.govinfo.gov/content/pkg/FR -2020-12-11/html/2020 -26321.htm  
https://www.govinfo.gov/content/pkg/FR -2020-12-11/pdf/2020 -26321.pdf  
https://members.wto.org/crnattachments/2020/TBT/USA/final_measure/20_7640_00_
e.pdf 
[  ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[  ] Content or scope of notified measure changed  
New deadline for comments (i f applicable):   
[  ] Interpretive guidance issued and text available from1:  
[  ] Other:  
 
Description:  AGENCY: Office of Energy Efficiency and Renewable Energy, U.S. Department of 
Energy  
ACTION: Final rule  
SUMMARY: In this final rule, the U.S. Department of Energy ("DOE") has adopted a streamlined 
approach to its test procedure waiver decision -making proce ss that requires the Department to 
notify, in writing, an applicant for an interim waiver of the disposition of the request within 45 
business days of receipt of the application. An interim waiver will remain in effect until a final waiver 
decision is publ ished in the Federal Register or until DOE publishes a new or amended test procedure 
that addresses the issues presented in the application, whichever is earlier. DOE's regulations 
continue to specify that DOE will take either of these actions within 1 yea r of issuance of an interim 
waiver. This final rule addresses delays in DOE's current process for considering requests for interim 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1491/Add.3  
 
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  waivers and waivers from the DOE test method, which in turn can result in significant delays for 
manufacturers in bringing ne w and innovative products to market. This final rule requires the 
Department to process interim waiver requests within the 45 business day window and clarifies the 
process by which interested stakeholders provide input into the development of an appropriat e test 
procedure waiver.  
The effective date of this rule is 11 January 2021.  
This final rule and previous actions notified under the symbol G/TBT/N/USA/1491  are identified by 
Docket Number EERE -2019-BT-NOA-0011. The Docket Folder is available on Regulations.gov  at 
https://www.regulations.gov/docket?D=EERE -2019-BT-NOA-0011 and provides access to primary 
and supporting documents as well as comments received. Documents are also accessible from 
Regulations.gov  by searching the Docket Number.  
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