[Questions Pertaining to EPA Administration of Corporate Average Fuel Economy Program]

In response to a congressional request, GAO answered two follow-up questions concerning its decision on the Environmental Protection Agency's (EPA) administration of its testing responsibilities under the Corporate Average Fuel Economy (CAFE) program. The first question concerned the GAO application of the Administrative Procedure Act (APA) to CAFE rulemaking, and the second question involved the existence of the EPA policy not to claim the interpretive rules and good cause exceptions to the notice comments requirement in APA. GAO reaffirmed its prior opinion by indicating the availability of APA exceptions for CAFE rulemaking and denying the existence of any EPA policy renouncing the use of the rulemaking exceptions.