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B-335709 Nov 13, 2023 1 (2023-11-13)

handle is hein.gao/gaopmw0001 and id is 1 raw text is: G U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335709 November 13, 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 Commercial Water Heating Equipment 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 Commercial Water Heating Equipment (RIN: 1904-AD34). We received the rule on October 30, 2023. It was published in the Federal Register as a final rule on October 6, 2023. 88 Fed. Reg. 69686. The stated effective date is December 5, 2023. DOE states that the final rule adopts amended energy conservation standards for Commercial Water Heating Equipment pursuant to the Energy Policy and Conservation Act, Pub. L. No. 94-163, 89 Stat. 871 (Dec. 22, 1975), as amended. According to DOE, the amended standards will result in significant energy savings as compared with current standards. 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). The Congressional Record reflects that the House of Representatives received the rule on October 20, 2023, and the Senate received the rule on October 23, 2023. 169 Cong. Rec. H5179 (daily ed. Oct. 30, 2023); 169 Cong. Rec. S5180 (daily ed. Oct. 25, 2023). The rule has a stated effective date of December 5, 2023. Therefore, the final 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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