Department of Energy

W<lshington, DC 20585

May 22, 2009

The Honorable Eric {-{older

Attorney General

United States Depaltment of Justice

Washington, D.C. 20530

Dear Mr. Allomey General:

Pursuant to the requirements for antitrust review under section J25(o)(2)(B)(i)(V)

of the Energy Policy and Conservation Act, as amended CEPeA) (42 U.S.c.

6295(0)(2)(B)(i)(V) and 42 U.S.c. 6316(.), I have enclosed for your

consideration a copy of the notice of proposed rulemakjng (NOPR) in which the

U.S. Department of Energy (DOE) is proposing new energy conservation

standards for refrigerated bottled or canned beverage vending machines. r have

also enclosed a copy of the Technical Support Document (TSD), including the

draH Environmental Analysis and Regulatory Impact Analysis (Chapters 16 and

17, respectively), which summarize DOE's technical analyses performed in

support of the NOPR for refrigerated bottled or canned beverage vending

machines. All documents are provided in CD-ROM [onnat.

DOE has issued this NOPR under Part A ofTitle III ofEPCA, which provides for

the Energy Conservation Program for Consumer Products Other Than

Automobiles. The amendments to EPCA contained in the Energy Policy Act of

2005 (EPACT 2005), Pub. L. 109-58, include new or amended energy

conservation standards and test procedures for some of these products, and directs

DOE to undertake rulemakings to promulgate such requirements. In particular,

section 135(c)(4) ofEPACT 2005 amends EPCA to direct DOE to prescribe

energy conservation standards for beverage vendmg machines. (42lJ.S.C.

6295(v)),

DOE considers any lessening of competition that is likely to result from

standards. The Attorney General determines in writing the impact, ifany, of any

lessening of competition likely to result from a proposed standard. (42 U.S,c.

1 Because of its placement in Part A of Title fll of EPCA, the rulemaking for beverage vending

machine energy conservation standards is bound by the requirements of 42 U.S.C. 6295.

However, since beverage vending machines are commercial equipment, DOE intends to place the

new reqUirements for beverage vending machines in Title 10 of the Code of Federal Regulations

(CFR), Part431 ("Energy Efficiency Program for Certain Commercial and Industrial

Equipment"), which is consistent with DOE's prev!ous aclio:! to incorporate the EPACT 2005

requirements for commercial equipment. The location of the provisions within the eFR does nOl

affect either their substance or applicable procedure.

EERE-2006-STD-0125 COMMENT 50
6295(o)(2)(B)(i)(V); 42 U.S.c. 6316(a)) The Attorney General shall make such

determination, in writmg, and transmit it together with an analysls of the nature

and extent ofsuch impact. (42 U.S.c. 6295(0)(2)(B)(ii); 42 U.S.C. 63 16(a))

DOE will publish the determination and accompanying analySIS In the Federal

Register With the final rule.

We request that you complete your review ofthIs NOPR not later than 60 days

from receipt of this letter. Thank you lor your attention to this maHer. If

members of your staff have any questions, they may contact Francine Pinlo in my

office. Her telephone number is 202~586~7432.

Smcerely,

Eric J. Fygj

Deputy General Counsel

Enclosures (2)

cc: Angela Hughes

EERE-2006-STD-0125 COMMENT 50