Section 1061.4 - Petitions for withdrawal or modification of guidance documents(a)Filing a petition. Any person may petition DOE to withdraw or modify a guidance document. The petition must be addressed to the Office of the General Counsel, Attention: Petition for Modification or Withdrawal of Guidance Document, and either: (1) Sent by mail addressed to: Forrestal Building, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585;(2) Sent by email to Guidance@hq.doe.gov; or(3) Hand delivered to DOE at 1000 Independence Avenue SW, Washington, DC 20585.(b)Content of petition. For each petition filed under this section, the petitioner must: (1) Specify the petitioner's: (i) Name, or if the petitioner is an organization, the name of the organization and the name and authority of the individual who signed the petition on behalf of the organizational or corporate petitioner;(iii) Mailing address; and(iv) Email address (if available).(2) Identify the guidance document to be withdrawn or modified; and(3) Be signed by the petitioner or authorized representative.(c)Additional information. To assist DOE in responding appropriately to the petition, a petitioner should also: (1) Present any specific problems or issues that the petitioner believes are associated with the guidance document, including any specific circumstances in which the guidance document is incorrect, incomplete, obsolete, or inadequate;(2) Present any proposed solution to either modify or withdraw the guidance document, including a discussion of how the petitioner's proposed solution resolves the issues identified under paragraph (c)(1) of this section;(3) In the case of a petition for modification of a guidance document, specify any modifications to the text of the document that petitioner seeks;(4) Cite, enclose, or reference technical, scientific, or other data or information supporting the petitioner's assertions under paragraphs (c)(1) and (2) of this section.(d)Public comment. DOE shall publish a petition for modification or withdrawal of a guidance document and supporting documentation in the FEDERAL REGISTER, and provide opportunity for public comment. DOE may dispense with the notice and comment procedures in this paragraph where DOE finds for good cause that notice and public comment are impracticable, unnecessary, or contrary to the public interest, or where exigency, safety, health, or other compelling cause warrants an exemption from the notice and comment procedures in this paragraph. DOE shall incorporate such finding and a brief statement of the reasons for such finding into its decision on the petition.(e)Confidential business information. In accordance with the provisions set forth in 10 CFR 1004.11 , any request for confidential treatment of any information contained in a petition for modifying or withdrawing a guidance document, or in supporting documentation, must be accompanied by a copy of the petition or supporting documentation from which the information claimed to be confidential has been deleted. DOE shall publish in the FEDERAL REGISTER the petition and supporting documents from which confidential information, as determined by DOE, has been deleted in accordance with 10 CFR 1004.11 .(f)Disposition of petition. DOE shall determine the appropriate disposition of a petition after consideration of the petition and any supporting documents received, as well as any public comment received on the petition, within 90 days of DOE's publication in the FEDERAL REGISTER of such petition, to the maximum extent practicable.(g)Exhaustion of administrative remedies. Before any DOE action under this part is final, a person must exhaust his or her administrative remedies. To exhaust administrative remedies under this part, a person must: (1) Avail himself or herself of the procedures in this section; and(2) Receive a final disposition from DOE in accordance with paragraph (f) of this section. 86 FR 456 , 7799, 3/21/2021