Revised DOE Interim Waiver Rule expected in spring 2020

Twenty-two organizations, including NAFEM, submitted comments to the DOE on its proposed rule to address current delays in requests for interim waivers. Due to the volume and specificity of comments receive, Jeff Longsworth, NAFEM legal counsel, Barnes and Thornburg, expects it will be spring before DOE issues a revised draft. In addition to NAFEM’s comments, the U.S. Small Business Administration Office of Advocacy, with which NAFEM has built a strong working relationship, also submitted comments encouraging DOE to “act quickly to finalize this rule to ensure that small businesses receive a decision on their applications in a timely manner.”

NAFEM was largely supportive of the proposed rule changes and continues to advocate for an interim waiver process that allows innovative products to have a fair and predictable regulatory path to market.