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B-335370 Jun 16, 2023 1 (2023-06-16)

handle is hein.gao/gaoovc0001 and id is 1 raw text is: G U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335370 June 16, 2023 The Honorable Joe Manchin Chairman The Honorable John Barrasso Ranking Member Committee on Energy and Natural Resources United States Senate The Honorable Cathy McMorris Rodgers Chair The Honorable Frank Pallone, Jr. Ranking Member Committee on Energy and Commerce House of Representatives Subject: Department of Energy: Energy Conservation Program: Energy Conservation Standards for Consumer Pool Heaters 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) entitled Energy Conservation Program: Energy Conservation Standards for Consumer Pool Heaters (RIN: 1904-AD49). We received the rule on June 8, 2023. It was published in the Federal Register as a final rule on May 30, 2023. 88 Fed. Reg. 34624. The effective date is July 31, 2023. The final rule, according to DOE, adopts new and amended energy conservation standards for consumer pool heaters in accordance with the Energy Policy and Conservation Act. Pub. L. No. 94-163, 89 Stat. 871 (Dec. 22, 1975). DOE stated it determined that the new and amended energy conservation standards for these products would result in significant conservation of energy, and are technologically feasible and economically justified. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). Here, the final rule was published in the Federal Register on May 30, 2023. 88 Fed. Reg. 34624. The Congressional Record does not yet reflect the date of receipt of the rule by either the House of Representatives or the Senate. However, DOE provided documentation that reflected receipt by both the House of Representatives and the Senate on June 14, 2023. Email from Attorney-Advisor, DOE, to Senior Attorney, GAO, Subject: RE: DOE Rule Submission RIN 1904-29 (June 14, 2023). The rule has an effective date of July 31, 2023. Therefore, based on the date of congressional receipt, the rule does not have the required 60-day delay in its effective date. Enclosed is our assessment of DOE's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions

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