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GAO-09-155R 1 (2008-10-31)

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T I  M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317371


          October 31, 2008

          The Honorable Jeff Bingaman
          Chairman
          The Honorable Pete V. Domenici
          Ranking Minority Member
          Committee on Energy and Natural Resources
          United States Senate

          The Honorable John D. Dingell
          Chairman
          The Honorable Joe Barton
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Department of Energy: Eneigy Conservation Program for Commercial and
                  Industrial Equipment Packaged Terminal Air Conditioner and Packaged
                  Terminal Heat Pump Energy Conservation Standards

          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 Program for Commercial and Industrial Equipment: Packaged
          Terminal Air Conditioner and Packaged Terminal Heat Pump Energy Conservation
          Standards (RIN: 1904-AB44). We received the rule on October 20, 2008. It was
          published in the Federal Register as a final rule on October 7, 2008. 73 Fed. Reg.
          58,772.

          The final rule amends the energy conservation standards for commercial standard
          size packaged terminal air conditioners (PTAC) and packaged terminal heat pumps
          (PTHP) to efficiency levels more stringent than those in American Society of
          Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)/ Illuminating
          Engineering Society of North America (IESNA) Standard 90.1-1999. The final rule
          adopts the ASHRAE Standard 90.1-1999 for non-standard size PTACs and PTHPs.

          The final rule has an announced effective date of November 6, 2008. The
          Congressional Review Act requires a 60-day delay in the effective date of a major
          rule from the date of publication in the Federal Register or receipt of the rule by
          Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The rule was published in the
          Federal Register on October 7, 2008, and was not received by this office until


GAO-09-155R

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