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GAO-17-214R 1 (2016-11-14)

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       AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-328544


November 14, 2016

The Honorable Lisa Murkowski
Chairman
The Honorable Maria Cantwell
Ranking Member
Committee on Energy and Natural Resources
United States Senate

The Honorable Fred Upton
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Department of Energy: Energy Conservation Program: Energy Conservation Standards
        for Miscellaneous Refrigeration Products

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Energy (DOE) entitled Energy Conservation Standards for
Miscellaneous Refrigeration Products (RIN: 1904-AC51). We received the rule on October 28,
2016. It was published in the Federal Register as a direct final rule on October 28, 2016.
81 Fed. Reg. 75,194. The effective date of the rule is February 27, 2017, unless adverse
comment is received by February 15, 2017.

The direct final rule adopts new energy conservation standards for miscellaneous refrigeration
products that correspond to the recommendations submitted jointly by interested persons that
are stated by DOE to be representative of relevant points of view. The Energy Policy and
Conservation Act (EPCA) of 1975, as amended, established the Energy Conservation Program
for Consumer Products Other Than Automobiles. Based on provisions in EPCA that enable the
Secretary of Energy to classify additional types of consumer products as covered products,
DOE classified miscellaneous refrigeration products as covered consumer products under
EPCA. In this direct final rule, DOE has determined that the new energy conservation
standards for these products would result in significant conservation of energy and are
technologically feasible and economically justified. A notice of proposed rulemaking that
proposes identical energy efficiency standards was published in the same issue of the Federal
Register. DOE states that if it receives adverse comment and determines that such comment
may provide a reasonable basis for withdrawal, DOE will withdraw the direct final rule and will
proceed with the proposed rule.

Enclosed is our assessment of DOE's compliance with the procedural steps required by section
801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the procedural steps
taken indicates that DOE complied with the applicable requirements.


GAO-17-214R

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