Small Business Exemptions

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Manufacturers of consumer products covered by the Department of Energy (DOE) standards with annual gross revenues not exceeding $8 million from all its operations, including the manufacture and sale of covered products, for the 12-month period preceding the date of application, may apply for a temporary exemption from all or part of an energy or water conservation standard. (42 U.S.C. 6295 (t))

DOE will notify an applicant whether the application has been accepted for filing or rejected within 15 days. Only applications that conform to the requirements for an exemption and contain sufficient information for the purposes of a substantive decision are accepted for filing.

After an application has been accepted for filing, notice of the application is published in the Federal Register. The notice sets forth the available data and information for public review. The notice also solicits comments, data, and information on the application. DOE will grant an exemption if, after obtaining the written views of the Attorney General, DOE finds that a lessening of competition would likely result if an exemption were not granted. Prior to granting an exemption, DOE transmits notice of the application to the Attorney General. The notice contains a statement of the facts and the reasons for an exemption, as well as copies of all documents submitted.

A temporary exemption terminates according to its terms, but no later than 24 months after the effective date of the rule for which the exemption has been given.

Additional details on the small business exemptions process can be found in the Code of Federal Regulations, Title 10, Chapter II, Part 430, Subpart E.

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