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GAO-10-214R 1 (2009-11-10)

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V 1    Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-318885


          November 10, 2009

          The Honorable Jeff Bingaman
          Chairman
          The Honorable Lisa Murkowski
          Ranking Minority Member
          Committee on Energy and Natural Resources
          United States Senate

          The Honorable Henry A. Waxman
          Chairman
          The Honorable Joe L. Barton
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives
          Subject: Department of Energ, Office of Energy Efficiency and Renewable Energy

                  Production Incentives for Cellulosic Biofuels Reverse Auction Procedures
                  and 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), Office of Energy
          Efficiency and Renewable Energy, entitled Production Incentives for Cellulosic
          Biofuels; Reverse Auction Procedures and Standards (RIN: 1904-AB73). It was
          published in the Federal Register as a final rule on October 15, 2009. 74 Fed. Reg.
          52,867. It was effectively received as a major rule on October 26, 2009.

          The final rule establishes the procedures and standards for reverse auctions of
          production incentives for cellulosic biofuels.

          The final rule has an announced effective date of November 16, 2009. The
          Congressional Review Act requires 60 days between the effective date of a major rule
          and the later of the publication of the rule in the Federal Register or receipt by
          Congress of a report containing a copy of the final rule, a concise general statement,
          including whether or not the rule is a major rule, and the proposed effective date of
          the rule. 5 U.S.C. § 802(a)(3)(A). GAO received a copy of the rule identified as non-
          major on October 15, 2009. However, on October 26, 2009, DOE notified GAO that
          the Office of Information and Regulatory Affairs (OIRA) of the Office of Management
          and Budget (OMB) had determined that the final rule was likely to result in an


GAO-10-214R

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