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Accountability· Integrity· Reliability United States Government Accountability Office Washington, DC 20548 B-318535 August 20, 2009 The Honorable JeffBingaman Chairman The Honorable LisaMurkowski 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 ofRepresentatives Subject: Departmentof Energy: Energy Conservation Program: Energy Conservation Standards and TestProceduresfor GeneralService FluorescentLampsand IncandescentReflectorLamps Pursuantto section 801(a)(2)(A) oftitle 5, United States Code, this is our report on a major rule promulgated by the Department ofEnergy (DOE), entitled "Energy Conservation Program: Energy Conservation Standards and Test Procedures for General Service F1uorescentLamps and Incandescent Reflector Lamps" (RIN: 1904- AA92). We received the rule on August 6,2009. It was published in the Federal Registeras a final rule on July 14, 2009. 74 Fed. Reg. 34,080. The final rule amends the energy conservation standards for certain general service fluorescent lamps and incandescentreflector lamps. The final rule also adopts new energy conservation standards and amendments to DOE's testprocedures for certain general service fluorescent lamps not currently covered by the standards. Finally, the final rule amends the definitions ofcertain terms found in the general provisions. Enclosed is our assessment ofthe DOE's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) oftitle 5 with respect to the rule. Ourreview ofthe procedural steps taken indicates that DOE complied with the applicable requirements.

GAO-09-973RIfyou have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subjectmatter ofthe rule, please contact Shirley A. Jones, Assistant General Counsel, at (202) 512-8156.



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Legislation and Regulatory Law DepartmentofEnergy

Page 2 GAO-09-973RENCLOSURE REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON AMAJOR RULE ISSUED BYTHE DEPARTMENT OF ENERGY ENTITLED "ENERGY CONSERVATION PROGRAM: ENERGY CONSERVATION STANDARDS AND TEST PROCEDURES FOR GENERAL SERVICE FLUORESCENT LAMPS AND INCANDESCENT REFLECTOR LAMPS" (RIN: 1904-AA92)

(i) Cost-benefit analysis DOE performed a cost-benefit analysis in conjunction with the final rule. DOE determined that the benefits include energy savings, consumerlife-cycle cost savings, positive national netpresentvalue and emissions reductions. Costs for the final rule include loss ofmanufacturerindustry netpresentvalue and consumerlifecycle costincreases for some users ofgeneral service fluorescent lamps (GSFL) and incandescentreflector lamps (lRL). DOE determined that the benefits outweigh the costs ofthe final rule. In addition, DOE determined that the standards in the final rule represent the maximum improvementin energy efficiency that is technologically feasible and economicallyjustified, andwill result in significantenergy savings. (ii) Agency actions relevantto the Regulatory FlexibilityAct. 5 U.S.C. §§ 603-605, 607, and 609 DOE certified that the final rule would not have a significant economic impact on a substantial number ofsmall entities, and therefore did not prepare a regulatory flexibility analysis. (iii) Agency actions relevant to sections 202-205 ofthe Unfunded Mandates Reform Act of 1995.2 U.S.C. §§ 1532-1535 DOE determined that the final rule does not contain an intergovernmental mandate; however, it may resultin expenditure of$100 million or more in a given yearby the private sector. DOE prepared a statement as to the basis, costs, benefits and economic impacts ofthe rule, and identified and considered regulatory alternatives to the rule.

GAO-09-973R(iv) Otherrelevant information or requirements under acts and executive orders Administrative Procedure Act, 5 U.S.C. §§ 551 et seq. On May 31, 2006, DOEcommenced the rulemaking by publishing a framework document for the rulemaking and by giving notice ofa public meeting and ofthe availability ofthe documentfor review and public comment. 71 Fed. Reg. 30,834. DOE issued an advanced notice ofproposed rulemaking (ANOPR), which was published in the 

### FederalRegisteron March 13, 2008. 73 Fed. Reg. 13,620. DOE held a public meeting in Washington, D.C., on March 10, 2008, and on June 26, 2008, DOE met with the National Electrical Manufacturers Association (NEMA) to discuss appropriate standards for high correlated colortemperature fluorescent lamps. DOE addressed comments itreceived in response to the ANOPR, including comments from the public meeting and the meeting with NEMA, in its notice ofproposed rulemaking, published in the 

### FederalRegisteron April 13, 2009. 74 Fed. Reg. 16,920. DOE held a public meeting on February 3,2009, in Washington, D.C., to receive oral comments on and solicitinformation relevant to the proposed rule. DOE responded to the comments on the proposed rule in this final rule. 74 Fed. Reg. 34,080. Paperwork Reduction Act, 44 U.S.C. §§ 3501-3520 This final rule imposes no new information and recordkeeping requirements; therefore, the Office ofManagement and Budget (OMB) clearance under the Paperwork Reduction Act is notrequired. Statutory authorization for the rule The final rule is authorized by PartAofTitle ill ofthe Energy Policy and Conservation Act (EPCA), 42 U.S.C. § 6291 et. seq. Executive Order No. 12866 (Regulatory Planning and Review) The final rule was determined to be economically significant under the Executive Order. In accordance with the Executive Order, DOE prepared and submitted to OMB an economic analysis outlining the costs and benefits ofimplementing each of these programs. Executive Order No. 13132 (Federalism) DOE determined that the final rule would nothave a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution ofpower and responsibilities among the various levels ofgovernment.

Page 2 GAO-09-973R