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GAO-14-247R 1 (2013-12-20)

handle is hein.gao/gaobadpys0001 and id is 1 raw text is: 



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


B-325382


December 20, 2013

The Honorable Debbie Stabenow
Chairman
The Honorable Thad Cochran
Ranking Member
Committee on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable Frank D. Lucas
Chairman
The Honorable Collin C. Peterson
Ranking Member
Committee on Agriculture
House of Representatives

Subject: Department of Agriculture, Rural Utilities Service: Energy Efficiency and Conservation
        Loan Program

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 Agriculture, Rural Utilities Service (RUS) entitled Energy
Efficiency and Conservation Loan Program (RIN: 0572-AC19). We received the rule on
December 5, 2013.1 It was published in the Federal Register as a final rule on December 5,
2013, with an effective date of February 3, 2014. 78 Fed. Reg. 73,356.

The final rule contains policies and procedures for loan and guarantee financial assistance in
support of energy efficiency programs (EE Programs) sponsored and implemented by electric
utilities for the benefit of rural persons in their service territory. This final rule amends RUS
regulations on General and Pre-Loan Policies and Procedures Common to Electric Loans and
Guarantees, which were codified on December 20, 1993. The final rule also includes
conforming amendments to additional RUS regulations. Under section 2 of the Rural
Electrification Act of 1937 (RE Act), RUS is authorized to assist electric borrowers in
implementing demand side management, energy efficiency and conservation programs, and on-
grid and off-grid renewable energy systems. The scope of this regulation falls within the
authority of the Act.

Enclosed is our assessment of RUS'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 RUS complied with the applicable requirements.

1 The rule was marked as non-major when submitted on December 5, 2013. Upon further review, we noted that the
rule stated that it was economically significant. The website of the Office of Information and Regulatory Affairs
designated the rule as major. Upon contacting the agency directly, we received confirmation on December 9, 2013,
that the rule should in fact be treated as major.


GAO-14-247R

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