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B-335663 Oct 20, 2023 1 (2023-10-20)

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


B-335663


October 20, 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 Dedicated Purpose Pool Pump Motors

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 Dedicated Purpose Pool Pump Motors (RIN: 1904-AF27).
We  received the rule on October 10, 2023. It was published in the Federal Register as a final
rule on September 28, 2023. 88 Fed. Reg. 66966. The effective date is November 27, 2023.

The final rule adopts amended energy conservation standards for dedicated purpose pool pump
motors, according to DOE. DOE stated that it determined that the new 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). This final rule was published in the Federal
Register on September 28, 2023. 88 Fed. Reg. 66966. The House of Representatives received
the rule on October 11, 2023. 169 Cong. Rec. H5012 (daily ed. Oct. 13, 2023). The
Congressional Record does not yet reflect the date that the Senate received the rule. The rule
has a stated effective date of November 27, 2023. Therefore, based on the date of receipt by
the House, 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
about this report or wish to contact GAO officials responsible for the evaluation work relating to

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