[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Proposed Rules]
[Pages 63356-63380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21914]



[[Page 63355]]

Vol. 87

Tuesday,

No. 200

October 18, 2022

Part VI





 Department of Energy





-----------------------------------------------------------------------





10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedure for Portable Electric Spas; 
Proposed Rule

  Federal Register / Vol. 87 , No. 200 / Tuesday, October 18, 2022 / 
Proposed Rules  

[[Page 63356]]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2022-BT-TP-0024]
RIN 1904-AF35


Energy Conservation Program: Test Procedure for Portable Electric 
Spas

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking and request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') proposes to establish 
definitions, a test procedure, and sampling requirements for portable 
electric spas. Currently, portable electric spas are not subject to DOE 
test procedures or energy conservation standards. The proposed test 
method references the relevant industry test standard. DOE is seeking 
comment from interested parties on the proposals within the notice of 
proposed rulemaking (``NOPR'').

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than December 19, 2022. See section V, ``Public 
Participation,'' for details. DOE will hold a webinar on Thursday, 
November 17, 2022, from 1:00 p.m. to 4:00 p.m. See section V, ``Public 
Participation,'' for webinar registration information, participant 
instructions, and information about the capabilities available to 
webinar participants.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov under docket 
number EERE-2022-BT-TP-0024. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2022-BT-TP-0024, by any of the 
following methods:
    Email: [email protected]. Include the docket 
number EERE-2022-BT-TP-0024 in the subject line of the message.
    Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant 
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445. 
If possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, public meeting attendee lists and transcripts (if a 
public meeting is held), comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-TP-0024. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section V for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-9870. Email 
[email protected].
    Ms. Kristin Koernig, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-3593. Email: 
[email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the 
following industry standard into 10 CFR part 430:
    ANSI/APSP/ICC-14 2019 ``American National Standard for Portable 
Electric Spa Energy Efficiency''; approved November 19, 2019.
    Copies of ANSI/APSP/ICC-14 2019 can be obtained from the Pool & Hot 
Tub Alliance, 2111 Eisenhower Avenue, Suite 500, Alexandria, VA 22314, 
or by going to www.phta.org.
    See section IV.M of this document for a further discussion of this 
standard.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    C. Deviation From Appendix A
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. General Comments
    B. Scope and Definitions
    1. Scope of DOE Test Procedure
    2. Definitions of Categories of Portable Electric Spas
    3. Therapeutic Spas
    4. Portable Electric Spa Size
    C. Energy Consumption Metric
    1. Background
    2. Modes of Use
    3. Metric for Active Mode Energy Consumption
    D. Test Method
    1. Referenced Industry Test Method
    2. Excluded Sections of ANSI/APSP/ICC-14 2019
    3. Ambient Air Temperature
    4. Chamber
    a. Requirements in ANSI/APSP/ICC-14 2019
    b. Chamber Floor Requirements
    5. Electrical Supply Voltage and Amperage Configuration
    6. Fill Volume
    7. Spa Cover
    8. Air Temperature Measurement Location
    9. Water Temperature Settings
    10. Water Temperature Requirements
    11. Standby Loss Calculation
    E. Represented Values Provisions
    1. Basic Model
    2. Represented Values
    F. Representations of Energy Efficiency or Energy Use
    G. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    H. Compliance Date
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974

[[Page 63357]]

    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Portable electric spas are factory-built hot tubs or spas that are 
intended for the immersion of people in heated, temperature-controlled 
water that is circulated in a closed system. Currently, portable 
electric spas are not subject to DOE test procedures or energy 
conservation standards.
    On September 2, 2022, DOE published a final determination 
(``September 2022 Final Determination'') in which it determined that 
portable electric spas qualify as a ``covered product'' under the 
Energy Policy and Conservation Act, as amended (``EPCA'').\1\ 87 FR 
54123. In the September 2022 Final Determination, DOE determined that 
coverage of portable electric spas is necessary or appropriate to carry 
out the purposes of EPCA, and that the average U.S. household energy 
use for portable electric spas is likely to exceed 100 kilowatt-hours 
(``kWh'') per year. Id. at 87 FR 54127.
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
---------------------------------------------------------------------------

    Accordingly, portable electric spas are now included in the list of 
``covered products'' for which DOE is authorized to establish and amend 
energy conservation standards and test procedures. (42 U.S.C. 
6292(a)(20))
    The following sections discuss DOE's authority to establish a test 
procedure for portable electric spas and relevant background 
information regarding DOE's consideration of test procedures for this 
product.

A. Authority

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency for 
certain products, referred to as ``covered products.'' \3\ In addition 
to specifying a list of consumer products that are covered products, 
EPCA contains provisions that enable the Secretary of Energy to 
classify additional types of consumer products as covered products. To 
classify a consumer product as a covered product, the Secretary must 
determine that classifying the consumer product as a covered product is 
necessary or appropriate to carry out the purpose of EPCA and the 
average annual per household \4\ use by such a product is likely to 
exceed 100 kWh per year. (42 U.S.C. 6292(b)(1))
---------------------------------------------------------------------------

    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ The enumerated list of covered products is at 42 U.S.C. 
6292(a)(1)-(19).
    \4\ The definition for ``household'' is found at 10 CFR 430.2.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making other representations about the efficiency of those 
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these 
test procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. Specifically, EPCA provides that DOE may, in 
accordance with certain requirements, prescribe test procedures for any 
consumer product classified as a covered product under section 6292(b). 
(42 U.S.C. 6293(b)(1)(B)) EPCA requires that any test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use, or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
and incorporate standby and off mode energy consumption or such 
integration is technically infeasible. (42 U.S.C. 6295(gg)(2)(A)(i)-
(ii)) If an integrated test procedure is technically infeasible, DOE 
must prescribe a separate standby mode and off mode energy use test 
procedure for the covered product, if technically feasible. (42 U.S.C. 
6295(gg)(2)(A)(ii)) Any such amendment must consider the most current 
versions of the International Electrotechnical Commission (``IEC'') 
Standard 62301 \5\ and IEC Standard 62087,\6\ as applicable. (42 U.S.C. 
6295(gg)(2)(A))
---------------------------------------------------------------------------

    \5\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \6\ IEC 62087, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018).
---------------------------------------------------------------------------

    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed, the Secretary shall promptly publish in the Federal 
Register a proposed test procedure and afford interested persons an 
opportunity to present oral and written data, views, and arguments with 
respect to such a procedure. The comment period on a proposed rule to 
prescribe a test procedure shall be at least 60 days and no more than 
270 days. In prescribing a test procedure, the Secretary shall take 
into account such information as the Secretary determines relevant to 
such procedure, including technological developments relating to energy 
use or energy efficiency of the type (or class) of covered products 
involved. (42 U.S.C. 6293(b)(2)) In prescribing a new test procedure, 
DOE must follow the statutory criteria of 42 U.S.C. 6293(b)(3)-(4) and 
follow the

[[Page 63358]]

rulemaking procedures set out in 42 U.S.C. 6293(b)(2).
    DOE is publishing this NOPR in accordance with the statutory 
authority in EPCA. DOE has determined that it was not necessary to do 
an early assessment request for information prior to initiating this 
NOPR, as the requirement in section 8(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A'') to do an early assessment applies only when 
DOE is considering amending a test procedure, not establishing one. In 
this NOPR, DOE is proposing to establish a new test procedure for 
portable electric spas. Thus, an early assessment as to whether to move 
forward with a proposal to establish a test procedure for portable 
electric spas is not necessary.

B. Background

    DOE has not previously conducted a test procedure rulemaking for 
portable electric spas. DOE published in the Federal Register a 
notification of proposed determination (``NOPD'') of coverage on 
February 16, 2022 (``February 2022 NOPD''), and published the September 
2022 Final Determination, in which it determined that portable electric 
spas satisfy the provisions of 42 U.S.C. 6292(b)(1) to be classified as 
a covered product, on September 2, 2022. 87 FR 8745; 87 FR 54123.
    Although portable electric spas are not currently subject to 
Federal energy conservation standards under EPCA, several states have 
adopted standards--based on an industry-developed test procedure or a 
similar state test procedure--including California, Arizona, Colorado, 
Connecticut, Maine, Massachusetts, Nevada, Oregon, Rhode Island, 
Vermont, and Washington.\7\
---------------------------------------------------------------------------

    \7\ https://appliance-standards.org/product/portable-electric-spas.
---------------------------------------------------------------------------

C. Deviation From Appendix A

    In accordance with section 3(a) of appendix A, DOE notes that it is 
deviating from the provision in appendix A that DOE will finalize 
coverage for a product/equipment at least 180 days prior to publication 
of a proposed rule to establish a test procedure. 10 CFR part 430, 
subpart C, appendix A, section 5(c). DOE is opting to deviate from this 
provision because of: (1) the availability of an industry standard for 
testing portable electric spas that is already in use by State 
efficiency programs; and (2) general support for development of a DOE 
test procedure based on this industry test method as expressed by 
commenters in response to the February 2022 NOPD.

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to establish a test procedure for 
measuring the energy use of portable electric spas in a new appendix GG 
to subpart B of 10 CFR part 430 (``appendix GG''). DOE proposes to 
incorporate the applicable industry test method published by the Pool 
and Hot Tub Alliance (``PHTA'') \8\ in partnership with the 
International Code Council (``ICC''), and approved by the American 
National Standards Institute (``ANSI''), ANSI/APSP/ICC-14 2019, 
``American National Standard for Portable Electric Spa Energy 
Efficiency'' (``ANSI/APSP/ICC-14 2019'') with certain exceptions and 
additions. The proposed test method produces a measure of the energy 
consumption of portable electric spas that represents the average power 
consumed by the spa, normalized to a standard temperature difference 
between the ambient air and the water in the spa, while the cover is on 
and the product is operating in its default operation mode. As 
discussed further in section III.C.3 of this NOPR, DOE proposes to 
refer to this power use metric as ``standby loss.''
---------------------------------------------------------------------------

    \8\ The PHTA is a result of a 2019 merger between the 
Association of Pool and Spa Professionals (``APSP'') and the 
National Swimming Pool Foundation (``NSPF''). The reference to APSP 
has been retained in the ANSI designation of ANSI/APSP/ICC-14 2019.
---------------------------------------------------------------------------

    DOE has reviewed the relevant sections of ANSI/APSP/ICC-14 2019 and 
has tentatively determined that ANSI/APSP/ICC-14 2019, in conjunction 
with the additional test methods and calculations proposed in this test 
procedure, would produce test results that reflect the energy 
efficiency, energy use, or estimated operating costs of a portable 
electric spa during a representative average use cycle. (42 U.S.C. 
6314(a)(2))
    DOE also has reviewed the burdens associated with conducting the 
proposed portable electric spa test procedure and, based on the results 
of such analysis, has tentatively determined that the proposed test 
procedure would not be unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2)) DOE's analysis of the burdens associated with the proposed 
test procedure is presented in section III.G.1 of this document.
    This NOPR also proposes definitions for certain categories of 
portable electric spas in appendix GG and proposes requirements 
regarding the sampling plan and representations for portable electric 
spas in 10 CFR part 429.
    The proposals in the NOPR are summarized in Table II.1 and 
discussed further in section III of this NOPR.

                                  Table II.1 Summary of Proposals in This NOPR
----------------------------------------------------------------------------------------------------------------
                                                                       Summary of         Applicable preamble
         Topic                        Location in CFR                   proposals             discussion
----------------------------------------------------------------------------------------------------------------
Definitions............  Appendix GG..............................  Define varieties  III.B.2
                                                                     of portable
                                                                     electric spas.
Test Procedure.........  10 CFR 430.23 and appendix GG............  Establish         III.C and III.D
                                                                     standby loss as
                                                                     the metric for
                                                                     portable
                                                                     electric spas,
                                                                     incorporate by
                                                                     reference ANSI/
                                                                     APSP/ICC-14
                                                                     2019, and
                                                                     provide
                                                                     additional
                                                                     instructions
                                                                     for determining
                                                                     standby loss
                                                                     for portable
                                                                     electric spas.

[[Page 63359]]

 
Sampling Plan..........  10 CFR 429.68............................  Specify the       III.E.2
                                                                     sampling plan
                                                                     for
                                                                     determination
                                                                     of
                                                                     representative
                                                                     values.
----------------------------------------------------------------------------------------------------------------

    DOE notes that if DOE were to finalize a test procedure for 
portable electric spas, manufacturers would not be required to test 
according to the DOE test procedure until such time as compliance is 
required with any future applicable energy conservation standards that 
are established, unless manufacturers voluntarily chose to make 
representations as to the energy use or energy efficiency of a portable 
electric spa. See section III.H of this document for a complete 
discussion of compliance dates.

III. Discussion

    In the following sections, DOE discusses its proposals for the 
portable electric spa test procedure. For each proposal, DOE provides 
relevant background information, discusses relevant public comments, 
summarizes the proposal, and provides justification for the proposal.

A. General Comments

    DOE received general comments in response to the February 2022 NOPD 
that are relevant to establishing a test procedure for portable 
electric spas.
    DOE received several comments that encouraged DOE to establish a 
test procedure for portable electric spas. PHTA and International Hot 
Tub Association (``IHTA'') encouraged DOE to move forward with both a 
test procedure and standard rule based on ANSI/APSP/ICC-14 2019. (PHTA/
IHTA, EERE-2022-BT-DET-0006-0003 at p. 2) \9\ California Energy 
Commission (``CEC'') and New York State Energy Research and Development 
Authority (``NYSERDA'') also encouraged DOE to begin test procedure and 
energy conservation standards proceedings for portable electric spas 
following the final determination. (CEC, EERE-2022-BT-DET-0006-0004 at 
p. 5; NYSERDA, EERE-2022-BT-DET-0006-0006 at p. 2)
---------------------------------------------------------------------------

    \9\ The parenthetical reference here and following provides a 
reference for information located in the docket of DOE's rulemaking 
to determine coverage for portable electric spas. (Docket No. EERE-
2022-BT-DET-0006, which is maintained at www.regulations.gov). The 
references are arranged as follows: (commenter name, comment docket 
ID number, page of that document).
---------------------------------------------------------------------------

    In addition, DOE received several comments in response to the 
February 2022 NOPD that are relevant to topics discussed later in this 
NOPR. Those comments are summarized in the corresponding sections of 
this NOPR.

B. Scope and Definitions

1. Scope of DOE Test Procedure
    The applicable industry test procedure, ANSI/APSP/ICC-14 2019,\10\ 
provides recommended minimum guidelines for testing the energy 
efficiency of factory-built residential portable electric spas. The 
standard methods included in ANSI/APSP/ICC-14 2019 provide a means to 
compare and evaluate the energy efficiency of different models of 
portable electric spas in conditions relevant to product use. CEC uses 
ANSI/APSP/ICC-14 2019 as the method of test for its portable electric 
spa standards.\11\ And in response to the February 2022 NOPD, PHTA and 
IHTA also commented that several other states use, or have approved the 
use of, ANSI/APSP/ICC-14 2019. (PHTA/IHTA, EERE-2022-BT-DET-0006-0003 
at p. 2)
---------------------------------------------------------------------------

    \10\ ANSI/APSP/ICC-14 2019 is available at: webstore.ansi.org/standards/apsp/ansiapspicc142019.
    \11\ California Code of Regulations (``CCR'') at 20 CCR 
1604(g)(2).
---------------------------------------------------------------------------

    Section 3 of ANSI/APSP/ICC-14 2019 defines ``portable electric 
spa'' as ``a factory-built electric spa or hot tub, supplied with 
equipment for heating and circulating water at the time of sale or sold 
separately for subsequent attachment.'' This ANSI/APSP/ICC-14 2019 
definition is identical to the definition used by CEC and adopted by 
DOE in the September 2022 Final Determination. 87 FR 54123, 54125. 
Section 3 of ANSI/APSP/ICC-14 2019 also defines certain categories of 
portable electric spas, as discussed in section III.B.2 of this NOPR.
    DOE has reviewed the market for portable electric spas, and DOE has 
tentatively concluded that all products on the market can be tested 
using methods consistent with or similar to those in ANSI/APSP/ICC-14 
2019 based on DOE's review. DOE has not found any products meeting 
DOE's definition of portable electric spa that would warrant exclusion 
from the scope of the DOE test procedure. Therefore, DOE proposes for 
the scope of the test procedure to include all products meeting the 
definition of ``portable electric spa'' in 10 CFR 430.2.
    DOE requests comment on its proposal for the scope of the test 
procedure to include all products that meet the definition of 
``portable electric spa.'' DOE requests comment on whether any 
additional products should be included within the scope of the proposed 
DOE test procedure. DOE requests comment on whether any products that 
meet the definition of ``portable electric spa'' should be excluded 
from the scope of the proposed DOE test procedure, and, if so, on what 
basis.
2. Definitions of Categories of Portable Electric Spas
    Section 3 of ANSI/APSP/ICC-14 2019 defines the following categories 
of portable electric spas:
    (1) Standard Spa: A portable electric spa that is not an inflatable 
spa, an exercise spa, or the exercise spa portion of a combination spa.
    (2) Exercise Spa (also known as a swim spa): Variant of a portable 
electric spa in which the design and construction includes specific 
features and equipment to produce a water flow intended to allow 
recreational physical activity including, but not limited to, swimming 
in place.
    (3) Combination Spa: A portable electric spa with two separate and 
distinct reservoirs, where (a) one reservoir is an exercise spa; (b) 
the second reservoir is a standard spa; and (c) each reservoir has an 
independent water temperature setting control.
    (4) Inflatable Spa: A portable electric spa where the structure is 
collapsible and designed to be filled with air to form the body of the 
spa.
    The categories of portable electric spas defined in ANSI/APSP/ICC-
14 2019 differ in the way they are tested and in the allowed energy 
consumption specified in ANSI/APSP/ICC-14 2019.

[[Page 63360]]

Based on DOE's review of the market, DOE has tentatively determined 
that the category definitions defined in ANSI/APSP/ICC-14 2019 
accurately categorize the products available on the market. Therefore, 
the category definitions would be relevant for the DOE test procedure, 
if adopted. DOE is proposing to include definitions for ``standard 
spa,'' ``exercise spa,'' ``combination spa,'' and ``inflatable spa'' in 
section 3 of appendix GG that are generally consistent with those 
category definitions in ANSI/APSP/ICC-14 2019. For all definitions 
other than ``exercise spa,'' DOE is proposing a definition that is 
identical to the wording in ANSI/APSP/ICC-14 2019. For ``exercise 
spa,'' DOE is proposing to include only the first paragraph of the 
definition from ANSI/APSP/ICC-14 2019 because the second paragraph \12\ 
of the definition is informative, describing examples of products that 
may be included within the definition.
---------------------------------------------------------------------------

    \12\ The second paragraph of the definition of exercise spa 
states the following: Exercise spas may include peripheral jetted 
seats intended for water therapy, heater, circulation and filtration 
system, or may be a separate distinct portion of a combination spa 
and may have separate controls. These aquatic vessels are of a 
design and size such that it has an unobstructed volume of water 
large enough to allow the 99\th\ Percentile Man as specified in 
ANSI/APSP/ICC-16 to swim or exercise in place.
---------------------------------------------------------------------------

    DOE requests comment on whether the definitions for the categories 
of portable spas proposed in section 3 of appendix GG (i.e., ``standard 
spa,'' ``exercise spa,'' ``combination spa,'' and ``inflatable spa'') 
adequately delineate the categories of portable electric spas and 
whether any additional or different categories are warranted.
3. Therapeutic Spas
    Section 1.3 of ANSI/APSP/ICC-14 2019 states that spas operated for 
medical treatment or physical therapy, among other types,\13\ are not 
included within the scope of ANSI/APSP/ICC-14 2019. However, DOE notes 
that the definition of exercise spa in Section 3 of ANSI/APSP/ICC-14 
2019 indicates that exercise spas may include peripheral jetted seats 
intended for water therapy. DOE has reviewed the market and found that 
``therapeutic,'' ``water therapy,'' or ``hydrotherapy'' applications 
are frequently advertised in marketing materials for many portable 
electric spas, including many models that do not appear to have 
features that are different than those found on models that do not 
mention therapeutic applications in their marketing materials.
---------------------------------------------------------------------------

    \13\ Section 1.3 of ANSI/APSP/ICC-14 2019 states the following: 
These requirements do not apply to public spas (ANSI/APSP-2), 
permanently installed or inground spas (ANSI/APSP/ICC-3), or other 
spas, such as those operated for medical treatment, physical 
therapy, or other purposes.
---------------------------------------------------------------------------

    DOE presumes that the types of spas operated for medical treatment 
or physical therapy intended to be referenced by Section 1.3 of ANSI/
APSP/ICC-14 2019 would not be portable and, therefore, would not be 
considered a portable electric spa (emphasis added). As discussed 
further in section III.D.2 of this NOPR, DOE is proposing to exclude 
all of Section 1 of ANSI/APSP/ICC-14 2019 from appendix GG. To the 
extent that any of the categories of spas referenced by Section 1.3 of 
ANSI/APSP/ICC-14 2019 do not meet the definition of a portable electric 
spa, such products would not be within the scope of the test procedure.
    DOE requests comment on whether there are portable electric spas 
used for special purposes, such as those operated for medical treatment 
or physical therapy, that should be excluded from the scope of the 
proposed DOE test procedure or tested in a different manner. If so, DOE 
requests comment on the method to determine the spas to exclude or test 
differently.
4. Portable Electric Spa Size
    ANSI/APSP/ICC-14 2019 does not specify any minimum or maximum size 
to limit the scope of ANSI/APSP/ICC-14 2019.
    Based on DOE's tentative conclusion that all portable electric spas 
on the market can be tested using methods consistent with or similar to 
those in ANSI/APSP/ICC-14 2019, DOE has tentatively determined that 
there is no need to limit the scope of the DOE test procedure based on 
the size of the portable electric spa. Therefore, DOE is not proposing 
to specify any minimum or maximum size to limit the scope of the DOE 
test procedure.
    DOE requests comment on its tentative determination not to propose 
a minimum or maximum size to limit the scope of the proposed DOE test 
procedure.

C. Energy Consumption Metric

1. Background
    As discussed, EPCA requires that any test procedures prescribed or 
amended must be reasonably designed to produce test results which 
reflect energy efficiency, energy use, or estimated annual operating 
cost of a given type of covered product during a representative average 
use cycle, and that test procedures not be unduly burdensome to 
conduct. (42 U.S.C. 6293(b)(3))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, taking into consideration the 
most current versions of IEC Standards 62301 and 62087, unless the 
current test procedure already incorporates the standby mode and off 
mode energy consumption, or if such integration is technically 
infeasible. (42 U.S.C. 6295(gg)(2)(A)) If an integrated test procedure 
is technically infeasible, DOE must prescribe separate standby mode and 
off mode energy use test procedures for the covered product, if that 
separate test is technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii))
    EPCA defines three different modes of operation in 42 U.S.C. 
6295(gg)(1)(A). ``Active mode'' means the condition in which an energy-
using product is connected to a main power source, has been activated, 
and provides one or more main functions. ``Standby mode'' means the 
condition in which an energy-using product is connected to a main power 
source and offers one or more of the following user-oriented or 
protective functions: (a) to facilitate the activation or deactivation 
of other functions (including active mode) by remote switch (including 
remote control), internal sensor, or timer; or (b) continuous 
functions, including information or status displays (including clocks) 
or sensor-based functions. ``Off mode'' means the condition in which an 
energy-using product is connected to a main power source and is not 
providing any standby or active mode function. See 42 U.S.C. 
6295(gg)(1)(A)(i) through (iii).
2. Modes of Use
    Based on market research performed by DOE and analyses from 
CEC,\14\ portable electric spas are typically connected to a main power 
source, activated, and provide one or more main functions 24 hours a 
day, 365 days per year. Although a portable electric spa is typically 
used for a small number of hours throughout the year, heating the water 
from ambient temperature to the use temperature takes a long time, and 
the water must be filtered regularly to keep it fresh. Therefore, most 
users maintain the spa at their preferred use temperature at all times 
with periodic or continuous water filtration, even when not in use.\15\
---------------------------------------------------------------------------

    \14\ Final Staff Report, Analysis of Efficiency Standards and 
Marking for Spas, 2018 Appliance Efficiency Rulemaking for Spas 
Docket Number 18-AAER-02 TN 222413. Available online at 
efiling.energy.ca.gov/GetDocument.aspx?tn=222413&DocumentContentId=31256.
    \15\ Ibid.

---------------------------------------------------------------------------

[[Page 63361]]

    Based on DOE's research and analysis, DOE has found that, during 
most hours of the year, the spa contains no people, the spa cover is 
on, and the spa continually or periodically filters and heats the water 
in the spa, so that the spa is ready for use. During a smaller number 
of hours in a year, the spa cover is removed, and consumers use the 
spa. Consumers who prefer calm water in the spa may not activate any 
other spa features, such that the spa continues operating in the same 
operation mode as when the spa is covered. Conversely, other consumers 
may opt to activate bubbles, jets, or other features of the spa during 
usage.
    Finally, research has shown that spas that are newly installed, or 
that were drained and re-filled, will experience a small number of 
hours during the year in which the spa is heating water from its 
initial water fill temperature to the preferred operating temperature.
    DOE has tentatively concluded that all of these operational modes 
for portable electric spas would be considered ``active modes'' as 
defined in 42 U.S.C. 6295(gg)(1)(A)(i). As such, portable electric spas 
are considered to operate in active mode at all times, and standby mode 
and off mode, as defined by EPCA, are not applicable to portable 
electric spas. Therefore, DOE has tentatively concluded that there is 
no standby mode or off mode energy consumption that can be accounted 
for or incorporated into the proposed DOE test procedure.
    DOE requests comment on whether it is necessary to measure standby 
mode or off mode energy consumption in the proposed DOE test procedure.
3. Metric for Active Mode Energy Consumption
    ANSI/APSP/ICC-14 2019 includes a method for measuring the energy 
consumption of portable electric spas while the cover is on and the spa 
is operating in its default operation mode.\16\ The metric used by 
ANSI/APSP/ICC-14 2019 is normalized standby power, which is the average 
power consumed by the spa, normalized to a standard temperature 
difference between the ambient air and the water in the spa. Normalized 
standby power is the metric used by CEC and other states that use ANSI/
APSP/ICC-14 2019 as the basis for their efficiency programs. It is also 
the metric used by the Canadian Standards Association (``CSA'') test 
method CAN/CSA-C374-11 (R2021),\17\ ``Energy performance of hot tubs 
and spas'' (``CAN/CSA-374-11 (R2021)''), which is a method used for 
testing portable electric spas in Canada.
---------------------------------------------------------------------------

    \16\ Section 5.1 of ANSI/APSP/ICC-14 2019 specifies that the 
purpose of ANSI/APSP/ICC-14 2019 is to measure the energy 
consumption in ``standby mode.'' This use of the term ``standby 
mode'' is not consistent with the term standby mode as defined by 
EPCA, but rather, as explained in section III.C.2 of this NOPR, 
refers to a type of active mode as defined by EPCA.
    \17\ www.csagroup.org/store/product/2703317/.
---------------------------------------------------------------------------

    According to analyses from CEC,\18\ the mode of operation measured 
in ANSI/APSP/ICC-14 2019 represents approximately 75 percent of the 
energy consumed by a portable electric spa. DOE estimates that this 
percentage may be approximately 95 percent in some cases, based on 
investigative testing that DOE performed and data on typical spa usage 
from PKData.\19\ Taken together, the two estimates indicate that the 
mode of operation measured in ANSI/APSP/ICC-14 2019 represents the 
largest portion of active mode energy consumption by far. Based on 
these data sources, DOE has tentatively determined that the most 
representative average use cycle or period of use of a portable 
electric spa is with the spa cover on (i.e., with no consumers in the 
spa), and with the spa continually or periodically filtering and 
heating the water in the spa, such that the spa is always ready for 
use.
---------------------------------------------------------------------------

    \18\ Final Staff Report, Analysis of Efficiency Standards and 
Marking for Spas, 2018 Appliance Efficiency Rulemaking for Spas 
Docket Number 18-AAER-02 TN 222413. Available online at 
efiling.energy.ca.gov/GetDocument.aspx?tn=222413&DocumentContentId=31256.
    \19\ P.K. Data Inc. 2022 Hot Tub Market Data: Custom Compilation 
for Lawrence Berkeley National Laboratory (through 2021). 2022. 
Alpharetta, GA. (Last accessed April 12, 2022) https://www.pkdata.com/reports-store.html#/.
---------------------------------------------------------------------------

    DOE is not aware of any existing test methods that measure the 
energy consumption in any other parts of active mode described in 
section III.C.2 of this NOPR. DOE has also been unable to determine any 
representative durations for those portions of active mode use.
    As a result, DOE is proposing to use normalized standby power from 
ANSI/APSP/ICC-14 2019 as the performance-based metric for representing 
the energy use of portable electric spas. DOE is proposing to refer to 
this metric as ``standby loss,'' rather than ``normalized standby 
power,'' to avoid misinterpretation with the statutory definition of 
``standby mode'' as defined in 42 U.S.C. 6295(gg)(1)(A)(iii). DOE also 
notes that the term ``standby loss'' has been used previously to 
describe the energy use of a water heater associated with maintaining 
water temperature.\20\ A portable electric spa is similar to a water 
heater in that regard, because both products consume energy to maintain 
their contents at a specified temperature over a long period of time. 
DOE is proposing to define the term ``standby loss'' in section 3.9 of 
appendix GG as ``the mean normalized power required to operate the 
portable electric spa in default operation mode with the cover on, as 
calculated in section 4.3 of this appendix.''
---------------------------------------------------------------------------

    \20\ See sections 1.13 and 6.3.3 of appendix E to subpart B of 
10 CFR part 430.
---------------------------------------------------------------------------

    DOE requests comment on its proposal to use standby loss, 
equivalent to the normalized standby power as defined by ANSI/APSP/ICC-
14 2019, as the performance-based metric for representing the energy 
use of portable electric spas.
    DOE requests comment on its proposed definition for ``standby 
loss'' in section 3.9 of appendix GG.
    DOE requests comment and data on the representative operation of 
spas when in use with the cover removed, including typical frequency 
and duration of use, operation of jets or other features, and number of 
users. DOE also requests comment on how usage varies across spa types.
    DOE requests comment on any test methods that measure the operation 
of spas when in use with the cover removed.

D. Test Method

    This section discusses DOE's proposal for a test method to measure 
all quantities needed to determine portable electric spa standby loss 
in a standardized and reproducible manner. DOE proposes to incorporate 
by reference the test method contained in certain applicable sections 
of ANSI/APSP/ICC-14 2019 as the basis for the portable electric spas 
test procedure. DOE also proposes several modifications and additions 
to ANSI/APSP/ICC-14 2019 to ensure the repeatability, reproducibility, 
and representativeness of test results. These proposals are discussed 
in sections III.D.1 through III.D.11 of this NOPR.
1. Referenced Industry Test Method
    As discussed, ANSI/APSP/ICC-14 2019 contains a test method for 
measuring the standby loss \21\ of portable electric spas. ANSI/APSP/
ICC-14 2019 measures standby loss as the average power required to 
maintain the spa's water at a ready-to-use temperature over a period of 
at least 72

[[Page 63362]]

hours, while the spa remains covered in a controlled-temperature 
environment.
---------------------------------------------------------------------------

    \21\ As discussed section III.C.3 of this document, ANSI/APSP/
ICC-14 2019 uses the term ``normalized standby power'' to refer to 
the metric that DOE is proposing to call ``standby loss.'' To avoid 
confusion about multiple terms, the term ``standby loss'' is used 
throughout section III.D of this NOPR to refer to ``normalized 
standby power'' in ANSI/APSP/ICC-14 2019.
---------------------------------------------------------------------------

    The test method in CAN/CSA-374-11 (R2021) is very similar to that 
in ANSI/APSP/ICC-14 2019, differing only in ambient temperature, floor 
design, and certain aspects of measurement. DOE is not aware of any 
other industry test methods for measuring standby loss in portable 
electric spas.
    In response to the February 2022 NOPD, both PHTA/IHTA and CEC 
encouraged DOE to proceed with both a test procedure and an energy 
conservation standard based on ANSI/APSP/ICC-14 2019. (PHTA/IHTA, EERE-
2022-BT-DET-0006-0003 at p. 2; CEC, EERE-2022-BT-DET-0006-0004 at p. 5)
    DOE has reviewed ANSI/APSP/ICC-14 2019 and tentatively concluded 
that it is reasonably designed to produce test results to determine the 
energy use of portable electric spas during a representative average 
use cycle or period of use. DOE also reviewed CAN/CSA-374-11 (R2021) 
and has tentatively concluded that ANSI/APSP/ICC-14 2019 is a better 
test procedure to adopt for the DOE test procedure. Although the 
methods in ANSI/APSP/ICC-14 2019 and CAN/CSA-374-11 (R2021) are very 
similar, several of the requirements in CAN/CSA-374-11 (R2021) are 
specified in only International System of Units (``SI'') units and not 
specified in U.S. customary system (``USCS'') units (e.g., [deg]C vs. 
[deg]F). The need to provide conversions from SI to USCS for these 
values means that adoption of CAN/CSA-374-11 (R2021) in the DOE test 
procedure would require more modifications to the adopted test 
procedure than adoption of ANSI/APSP/ICC-14 2019.
    Therefore, DOE is proposing to adopt specific sections of ANSI/
APSP/ICC-14 2019 in DOE's proposed test procedure for portable electric 
spas, along with several proposed modifications and additions that DOE 
has tentatively determined would improve repeatability and 
representativeness of test results.
    These specific modifications, additions, and exceptions are 
discussed in sections III.D.2 through III.D.11 of this NOPR.
    DOE requests comment on its proposal to adopt specific sections of 
ANSI/APSP/ICC-14 2019 in DOE's proposed test procedure for portable 
electric spas.
2. Excluded Sections of ANSI/APSP/ICC-14 2019
    DOE proposes to exclude the following sections, subsections, and 
appendices of ANSI/APSP/ICC-14 2019 from DOE's proposed test procedure:
     Sections 1, 2, 4, 6, and 7 in their entirety;
     Section 3 definitions for ``cover, specified,'' ``fill 
volume,'' ``rated volume,'' and ``standby mode;''
     Subsections 5.1, 5.2, 5.5.2, 5.5.4, 5.5.5, and 5.7;
     Appendix A subsection ``Chamber floor''; and
     Appendices B, C, and D.
    The following paragraphs discuss the rationale for excluding each 
section from the proposed DOE test procedure.
    Section 1 of ANSI/APSP/ICC-14 2019 discusses the scope of 
applicability of ANSI/APSP/ICC-14 2019. Certain categories of spas 
mentioned in Section 1, such as public spas and permanently installed 
or inground spas, are not applicable to the proposed DOE test procedure 
because they do not meet DOE's definition of portable electric spa. To 
avoid ambiguity regarding the applicability of the proposed Federal 
test procedure for portable electric spas, DOE is proposing to exclude 
Section 1 of ANSI/APSP/ICC-14 2019 in its entirety and to define 
instead the scope of the DOE test procedure in section 2 of appendix 
GG.
    Section 2 of ANSI/APSP/ICC-14 2019 provides normative references to 
other industry test procedures. None of the normative references in 
section 2 are necessary for, or relevant to, the proposed DOE test 
procedure. As a result, DOE is proposing to exclude Section 2 of ANSI/
APSP/ICC-14 2019 in its entirety.
    Section 4.1 of ANSI/APSP/ICC-14 2019 requires that all 
certification bodies shall be accredited to ISO/IEC 17065. Section 4.2 
of ANSI/APSP/ICC-14 2019 requires that all testing laboratories shall 
be qualified by a certification body or accredited by an accreditation 
body who is a member of the International Laboratory Accreditation 
Cooperation (``ILAC''). Sections 4.3 through 4.5 of ANSI/APSP/ICC-14 
2019 provide further specifications regarding the roles and 
responsibilities of the testing laboratory, certification body, and/or 
accredited body. Section 5.2 and appendices B and C of ANSI/APSP/ICC-14 
2019 specify further requirements and procedures for qualification of 
the testing laboratory by a certification body.
    DOE is not proposing to adopt the requirement in Sections 4.1 and 
4.2 of ANSI/APSP/ICC-14 2019 that a testing laboratory be qualified by 
a certification body accredited to ISO/IEC 17065 or accredited by an 
accreditation body who is a member of ILAC. DOE's experience in 
conducting testing according to ANSI/APSP/ICC-14 2019 and to the DOE 
test procedure as proposed in this NOPR suggests that the proposed DOE 
test procedure adequately outlines the details required to perform the 
test. As a result, the accreditation as specified in Section 4.2 of 
ANSI/APSP/ICC-14 2019 is not necessary to achieve repeatable, 
reproducible, and representative test results from DOE's proposed test 
procedure for portable electric spas. DOE has tentatively concluded 
that the requirement for a testing laboratory to be qualified by a 
certification body accredited to ISO/IEC 17065 or accredited by an 
accreditation body who is a member of ILAC is not necessary for the 
purposes of conducting the DOE test procedure as proposed. Therefore, 
DOE is proposing to exclude the sections in ANSI/APSP/ICC-14 2019 
regarding laboratory qualification from the proposed DOE test 
procedure.
    Section 6 of ANSI/APSP/ICC-14 2019 provides maximum allowable 
energy consumption functions; i.e., standards applicable to portable 
electric spas. These standard levels are not applicable to the proposed 
DOE test procedure and DOE is proposing to exclude Section 6 from the 
proposed DOE test procedure. However, DOE would review Section 6 of 
ANSI/APSP/ICC-14 2019 when considering establishing Federal standards 
for portable electric spas in a separate energy conservation standard 
rulemaking.
    Section 7 of ANSI/APSP/ICC-14 2019 specifies labeling requirements 
for portable electric spas. These labeling requirements are not 
applicable to the proposed DOE test procedure and would not be required 
for use were DOE to finalize a test procedure for portable electric 
spas. As a result, DOE is proposing to exclude Section 7 from the 
proposed DOE test procedure.
    Section 5.1 of ANSI/APSP/ICC-14 2019 states that the purpose of the 
test method is to measure the energy consumption in standby mode, using 
a repeatable and reproducible test procedure, and that the results 
shall be used to calculate standby power demand for each basic model. 
Section 3 of ANSI/APSP/ICC-14 2019 defines ``standby mode'' as ``all 
settings at default as shipped by the manufacturer, except water 
temperature, which may be adjusted to meet the test conditions. No 
manual operations are enabled.'' As discussed in section III.C.3 of 
this NOPR, use of the term ``standby mode'' in ANSI/APSP/ICC-14 2019 is 
not consistent with the term ``standby mode'' as defined by EPCA, but 
rather, as explained in section III.C.2 of this NOPR, refers to a type 
of active mode as defined by EPCA. 42 U.S.C.

[[Page 63363]]

6295(gg)(1)(A)(iii) As a result, DOE is proposing to exclude Section 
5.1 and the ``standby mode'' definition in ANSI/APSP/ICC-14 2019 from 
the proposed DOE test procedure.
    Section 5.5.2 of ANSI/APSP/ICC-14 2019 specifies that the spa shall 
be filled with water to the halfway point between the bottom of the 
skimmer opening and the top of the skimmer opening. In the absence of a 
wall skimmer, the fill volume is 6 inches below the overflow level of 
the spa. The resulting fill level is defined as ``fill volume'' and 
corresponds to the definition of ``fill volume'' provided in Section 3 
of ANSI/APSP/ICC-14 2019. Section 3 of ANSI/APSP/ICC-14 2019 defines 
``rated volume'' as the water capacity of a portable electric spa, in 
gallons (liters), as specified by the manufacturer on the spa, on the 
spa packaging, or the spa marketing materials. These water fill volume 
instructions and definitions are not consistent with DOE's proposed 
requirements for fill volume in section 4.1.4 of appendix GG, as 
explained in section III.D.6 of this NOPR. Therefore, DOE is proposing 
to exclude Section 5.5.2 and the volume definitions in Section 3 in 
ANSI/APSP/ICC-14 2019 from the proposed DOE test procedure.
    Section 5.5.4 of ANSI/APSP/ICC-14 2019 specifies that the ambient 
air temperature shall be a maximum of 63 [deg]F (17 [deg]C) for the 
duration of the test. This temperature is inconsistent with DOE's 
proposed requirements for ambient temperature in section 4.2.1 of 
appendix GG, as explained in section III.D.3 of this NOPR. As a result, 
DOE is proposing to exclude Section 5.5.4 in ANSI/APSP/ICC-14 2019 from 
the proposed DOE test procedure.
    Section 5.5.5 of ANSI/APSP/ICC-14 2019 states that the 
manufacturer's specified cover shall be used during the test. Section 3 
of ANSI/APSP/ICC-14 2019 defines ``cover, specified'' as the cover that 
is provided or specified by the spa manufacturer. As discussed in 
section III.D.7 of this NOPR, DOE is proposing more explicit 
requirements regarding the cover that must be used during testing and 
is proposing to exclude Section 5.5.5 in ANSI/APSP/ICC-14 2019 from the 
proposed DOE test procedure.
    Section 5.7 of ANSI/APSP/ICC-14 2019 specifies the equations for 
calculating ``standby power'' as that term is defined by ANSI/APSP/ICC-
14 2019. These equations include standard temperature differences 
defined for each type of portable electric spa, among other defined 
parameters. DOE is proposing in section 4.3 of appendix GG to reproduce 
the equations in Section 5.7 of ANSI/APSP/ICC-14 2019, using the term 
``standby loss'' instead of ``standby power,'' and to use different 
standard temperature differences that correspond with DOE's proposed 
water and air temperature requirements, as explained in section 
III.D.11 of this NOPR, and is proposing to exclude Section 5.7 in ANSI/
APSP/ICC-14 2019 from the proposed DOE test procedure.
    Appendix A of ANSI/APSP/ICC-14 2019 includes subsection ``Chamber 
floor'' that provides requirements for the floor on which the spa is 
installed, including the option to include 2 inches of insulation 
between the chamber floor and the spa. These requirements are not 
consistent with DOE's proposed requirements for the chamber floor in 
section 4.1.2 of appendix GG, as discussed in section III.D.4.b of this 
NOPR. Therefore, DOE is proposing to exclude the ``Chamber floor'' 
subsection of appendix A in ANSI/APSP/ICC-14 2019 from the proposed DOE 
test procedure.
    Informative appendix D of ANSI/APSP/ICC-14 2019 contains a template 
for reporting data from the portable electric spa tests. This template 
would not be required for use were DOE to finalize a test procedure for 
portable electric spas, so DOE is proposing to exclude appendix D in 
ANSI/APSP/ICC-14 2019 from the proposed DOE test procedure.
    DOE requests comment on whether any of the sections of ANSI/APSP/
ICC-14 2019 that DOE is proposing to exclude from the proposed DOE test 
procedure should be included in the DOE test procedure.
3. Ambient Air Temperature
    DOE reviewed the ambient air temperature requirements specified in 
several existing test procedures for portable electric spas.
    ANSI/APSP/ICC-14 2019 requires all portable electric spas to be 
tested with an ambient air temperature of 63 [deg]F or lower.
    An earlier version of the CEC portable electric spa test procedure, 
on which ANSI/APSP/ICC-14 2019 is based, specified an ambient air 
temperature of 60 [deg]F  3 [deg]F.\22\ DOE notes that 60 
[deg]F is approximately equal to the annual average temperature for all 
of California.\23\
---------------------------------------------------------------------------

    \22\ See table in p. 5 of CEC Docket Number 12-AAER-2G, document 
TN 73027. Available online at https://efiling.energy.ca.gov/GetDocument.aspx?tn=73027&DocumentContentId=8328.
    \23\ See climate data from National Oceanic and Atmospheric 
Administration here: https://www.ncei.noaa.gov/cag/statewide/time-series/4/tavg/12/12/2012-2021?base_prd=true&begbaseyear=2012&endbaseyear=2021.
---------------------------------------------------------------------------

    CAN/CSA-374-11 (R2021) specifies a mandatory test with ambient 
temperature of 44.6 [deg]F  1.8 [deg]F (7 [deg]C  2 [deg]C), and an optional cold-weather test with ambient 
temperature of 17.6 [deg]F  1.8 [deg]F (-8 [deg]C  2 [deg]C).
    The proposed DOE test procedure will be used for representations of 
portable electric spa energy consumption throughout the United States; 
therefore, the specified ambient air temperature must reflect a 
nationally representative value. DOE determined a nationally 
representative ambient air temperature that could be applicable to 
portable electric spas throughout the United States by first 
determining the average annual air temperature across all states in the 
contiguous United States, and then calculating a weighted average 
across all states, weighted by the estimated number of spas installed 
in each state.\24\ DOE used data from the National Oceanic and 
Atmospheric Administration \25\ indicating average temperature in each 
state for the years 2012-2021, and data from PKData \26\ indicating the 
number of spas installed in each state in 2020. This methodology 
resulted in an average air temperature of 56.1 [deg]F. Rounded to the 
nearest degree Fahrenheit, DOE has tentatively determined that 56 
[deg]F is a nationally representative ambient air temperature 
applicable to testing portable electric spas.
---------------------------------------------------------------------------

    \24\ DOE used only the contiguous U.S., excluding Alaska and 
Hawaii, because the data from PKData on the number of spas in each 
state excluded Alaska and Hawaii.
    \25\ https://www.ncei.noaa.gov/access/monitoring/climate-at-a-glance/statewide/time-series.
    \26\ P.K. Data Inc. 2022 Hot Tub Market Data: Custom Compilation 
for Lawrence Berkeley National Laboratory (through 2021). 2022. 
Alpharetta, GA. (Last accessed April 12, 2022) https://www.pkdata.com/reports-store.html#/.
---------------------------------------------------------------------------

    Based on the preceding analysis, DOE is proposing to specify 56.0 
[deg]F as the target ambient air temperature in section 4.2.1 of 
appendix GG.
    Consistent with the earlier CEC test procedure, DOE is proposing to 
specify a tolerance of 3 [deg]F on the ambient air 
temperature during the test. DOE tentatively determines that specifying 
an allowable range of temperatures will provide greater assurance of 
repeatable, reproducible, and representative test results compared to 
the approach used in ANSI/APSP/ICC-14 2019 of specifying only a maximum 
ambient air temperature.
    For the reasons discussed previously, DOE is proposing in section 
4.2.1 of appendix GG to specify that the ambient air temperature must 
be maintained at 56.0  3 [deg]F for the duration of the 
test. DOE is also proposing to specify that this requirement applies to 
each individual ambient air temperature measurement taken for the 
duration of

[[Page 63364]]

the test. This proposal makes clear that the ambient temperature 
requirement applies to individual measurements of ambient air 
temperature and not the overall average ambient air temperature during 
the test.
    DOE requests comment on its determination that, rounded to the 
nearest degree, 56 [deg]F is a nationally representative ambient air 
temperature applicable to testing portable electric spas.
    DOE requests comment on its proposal to specify an ambient air 
temperature of 56.0  3.0 [deg]F during testing. If 
commenters recommend a different ambient temperature, DOE requests data 
demonstrating the representativeness of that ambient temperature.
4. Chamber
a. Requirements in ANSI/APSP/ICC-14 2019
    ANSI/APSP/ICC-14 2019 includes informative appendix A that provides 
minimum requirements for the chamber in which the portable electric spa 
is installed. These include optional specifications regarding chamber 
internal dimensions, air circulation, chamber insulation, and chamber 
floor insulation. The requirements to use this appendix are referenced 
only in the sections of ANSI/APSP/ICC-14 2019 pertaining to 
qualification of the test laboratory. As discussed in section III.D.2 
of this NOPR, DOE is proposing to exclude all sections of ANSI/APSP/
ICC-14 2019 pertaining to qualification of the test laboratory. As a 
result, none of the sections of ANSI/APSP/ICC-14 2019 that DOE is 
proposing to include in DOE's proposed test procedure require the use 
of appendix A to ANSI/APSP/ICC-14 2019.
    DOE has reviewed appendix A to ANSI/APSP/ICC-14 2019 and has 
tentatively concluded that the specifications regarding chamber 
internal dimensions, air flow, and chamber insulation are appropriate 
for testing portable electric spas and would produce test results that 
reflect representative consumer use and would not be unduly burdensome 
to require for testing. However, DOE has tentatively concluded that the 
specifications regarding chamber floor would not provide test results 
that are representative of consumer use, as discussed further in 
section III.D.4.b of this NOPR.
    Therefore, DOE proposes to specify in section 4.1.1 of appendix GG 
to install the portable electric spa in a chamber satisfying the 
requirements specified in appendix A to ANSI/APSP/ICC-14 2019 regarding 
chamber internal dimensions, air flow, and chamber insulation.
    DOE requests comment on its tentative determination that the 
specifications regarding chamber internal dimensions, air flow, and 
chamber insulation in appendix A to ANSI/APSP/ICC-14 2019 are 
appropriate for testing portable electric spas and would produce test 
results that reflect representative consumer use and would not be 
unduly burdensome to require for testing.
    DOE requests comment on the proposed chamber requirements in 
section 4.1.1 of appendix GG and whether any alternate or additional 
requirements are needed.
b. Chamber Floor Requirements
    Appendix A to ANSI/APSP/ICC-14 2019 specifies that the chamber 
floor may be insulated with 2 inches of polyisocyanurate insulation, 
that the insulation shall be laid directly on a level surface, and that 
the insulating layer shall be sheathed with at least 0.5 inches of 
plywood. DOE conducted an analysis to determine whether these 
requirements would produce test results that reflect representative 
consumer use in a proposed test procedure for portable electric spas.
    DOE reviewed installation and owner's manuals for a representative 
sample of portable electric spas available on the market and found that 
the majority of manuals specify that the preferred method of 
installation is directly on a poured concrete slab. A smaller portion 
of manuals specify installation on a wooden deck, while a small number 
of manuals specify other acceptable installation surfaces, such as 
concrete pavers or crushed gravel. None of the manuals that DOE 
reviewed specify installing the portable electric spa with insulation 
between the ground and the spa. Presuming that portable electric spas 
are installed consistent with the installation manual, DOE's findings 
suggest that the most representative installation of a portable 
electric spa is to be installed directly on a concrete slab with no 
insulation between that surface and the spa.
    DOE performed investigative testing to determine the extent to 
which installation with the optional insulation specified in the 
chamber floor section of appendix A to ANSI/APSP/ICC-14 2019 impacts 
energy use in comparison to installation with no insulation. The 
results of this testing are summarized in Table III.1.

                          Table III.1--Impact of Chamber Floor Insulation on Energy Use
----------------------------------------------------------------------------------------------------------------
                                                       Measured standby loss (W)
                                          --------------------------------------------------- Measured effect of
                                                                      With chamber floor       floor insulation
                   Spa                     With no insulation on  insulation as specified in    on standby loss
                                               chamber floor       Appendix A to ANSI/APSP/           (%)
                                                                          ICC-14 2019
----------------------------------------------------------------------------------------------------------------
Spa 1....................................                   339                         213                 -37
Spa 2....................................                   233                         204                 -13
----------------------------------------------------------------------------------------------------------------

    As shown in Table III.1, the amount of insulation and plywood 
specified in the chamber floor section of appendix A to ANSI/APSP/ICC-
14 2019 reduced standby loss by up to 37 percent compared to testing 
with no insulation. These results demonstrate that the inclusion or 
exclusion of chamber floor insulation has a significant impact on 
measured energy use.
    To ensure that test results are representative of an average 
consumer use cycle or period of use, DOE is proposing in section 4.1.2 
of appendix GG to specify that the portable electric spa be installed 
directly on a level concrete floor or slab.
    As discussed, none of the installation manuals that DOE reviewed 
specify installing the spa with insulation between the ground and the 
spa. Although DOE is not aware of any portable electric spas that 
include insulation and/or other materials such as plywood as part of 
the installation

[[Page 63365]]

materials for the spa, DOE presumes that a consumer would be likely to 
install insulation and/or plywood if insulation and/or wood were to be 
included with the spa and specified by the installation instructions to 
be installed for use. In such case, DOE tentatively concludes that 
testing with the insulation and/or plywood provided would produce test 
results that are representative of consumer use. To ensure 
representative test results in such cases, DOE is proposing to specify 
in section 4.1.2 of appendix GG that, if insulation and/or plywood is 
provided with the portable electric spa, and the manufacturer's 
installation instructions indicate that insulation and/or plywood be 
installed between the ground and the spa for normal use, to install the 
minimum amount of insulation between the floor and the spa that the 
manufacturer's installation instructions specify to be installed 
between the floor and the spa. Otherwise, install no insulation or 
plywood between the floor and the portable electric spa.
    DOE recognizes that certain test facilities may not have concrete 
floors or slabs within the test area that otherwise would meet the 
specified test conditions and installation requirements proposed for 
portable electric spas. For example, some chambers have solid or 
perforated floors made of steel or aluminum. DOE welcomes information 
regarding the availability of concrete floors or slabs within test 
facilities and potential alternatives for testing that would best 
represent portable electric spa operation to reflect representative 
consumer use when installed on concrete floors or slabs.
    DOE seeks comment on its tentative determination, based on review 
of portable electric spa user manuals, that the most representative 
installation of a portable electric spa is to be installed directly on 
concrete with no insulation between that surface and the spa.
    DOE requests comment on its proposal to specify installing the 
portable electric spa directly on the chamber floor without any 
insulation between the spa and the floor.
    DOE seeks comment on its presumption that a consumer would be 
likely to install insulation and/or wood if insulation and/or wood were 
to be included with the portable electric spa and specified by the 
installation instructions to be installed for use, and that in such 
cases, testing with the insulation and/or wood provided would produce 
test results that are representative of consumer use.
    DOE requests comment on the availability of concrete floors or 
slabs within test facilities and on whether any test chamber floor 
alternatives, such as solid or perforated steel or aluminum floors, 
would represent portable electric spa operation when installed on 
concrete floors or slabs.
5. Electrical Supply Voltage and Amperage Configuration
    Section 5.5.6 of ANSI/APSP/ICC-14 2019 specifies that the voltage 
supplied to the portable electric spa be within 10 percent of the 
nameplate voltage during testing, but specifies no other requirements 
for the electrical supply or amperage configuration. The following 
paragraphs discuss additional considerations regarding voltage supply 
and amperage configuration relevant to testing portable electric spas.
    DOE's market research indicates that most portable electric spas 
operate at a single voltage (e.g., either 120 or 240 volts (``V''), 
nominally). Models that operate at 120 V are often referred to as 
``plug and play'' models and are plugged into an ordinary 120 V 
electrical outlet. Models that operate at 240 V are typically required 
to be permanently connected (i.e., hard wired) into a 240 V circuit, 
similar to that which would supply an electric water heater. DOE is 
aware of models on the market that can be configured to operate at 
either 120 V or 240 V, depending on the preference of the consumer. 
Such models are most often pre-configured by the manufacturer to 
operate at 120 V and include instructions for converting the model to 
operate at 240 V. The conversion process typically requires changing 
the configuration of internal wiring and controls in addition to 
changes to the external wiring.
    Similarly, certain portable electric spas on the market allow the 
consumer to configure the maximum amperage at which the portable 
electric spa can operate at a particular voltage level. This 
configurability ensures that the operation of the portable electric spa 
is compatible with the electrical service of the home. For example, for 
a home with a 50 ampere (``A'') circuit breaker available, all the 
features on a particular portable electric spa may be capable of 
operating at the same time; whereas, for a home with only a 30 A 
circuit breaker available, the portable electric spa may still operate, 
albeit with reduced or restricted functionality. Units that provide 
amperage configurability most commonly operate at 240 V. On such units, 
changing the maximum amperage corresponds to allowing more or fewer 
components to operate at the same time (e.g., whether the heater is 
able to be energized at the same time as a secondary pump), or setting 
the level of operation for certain components (e.g., varying the number 
of heating elements that can operate simultaneously).
    The choice of voltage and maximum amperage can affect the rate of 
heating in the portable electric spa and the occurrence of multiple 
components of the spa (e.g., pump and heater) operating simultaneously. 
These differences in operation may affect measured energy use. 
Therefore, DOE has tentatively concluded that additional specifications 
regarding the supply voltage and amperage configuration to be used 
during testing would ensure the reproducibility of the DOE test 
procedure across different test laboratories.
    DOE is proposing in section 4.1.3 of appendix GG a hierarchy to use 
for configuring the voltage and amperage configuration of the portable 
electric spa during testing. Specifically, DOE is proposing that if the 
portable electric spa can be installed or configured with multiple 
options of voltage, maximum amperage, or both, testing should use the 
as-shipped configuration. If no configuration is provided in the as-
shipped condition, DOE is proposing that testing be conducted using the 
option specified in the manufacturer's instructions as the recommended 
configuration for normal consumer use. If no configuration is provided 
in the as-shipped condition and the manufacturer's instructions do not 
provide a recommended configuration for normal operation, DOE is 
proposing that testing be conducted using the maximum voltage specified 
in the manufacturer's installation instructions and the maximum 
amperage that the manufacturer's installation instructions specify for 
use with the maximum voltage.
    DOE requests comment on the proposed hierarchy for specifying 
voltage and maximum amperage for portable electric spas that have 
multiple options for voltage and/or amperage. DOE requests comment on 
any cases for which the proposed language would not make clear the 
voltage and/or maximum amperage to be used during testing.
6. Fill Volume
    Section 3 of ANSI/APSP/ICC-14 2019 defines two quantities for the 
volume of water in a portable electric spa: fill volume and rated 
volume. ``Fill volume'' is the amount of water that is required to be 
in the spa during testing and is defined as the halfway point between 
the bottom of the skimmer opening and the top of the skimmer opening. 
In the absence of a wall skimmer, the fill volume is 6 inches (152 mm) 
below the overflow level of the spa. ``Rated volume'' is defined as

[[Page 63366]]

the water capacity of a portable electric spa, in gallons (liters), as 
specified by the manufacturer on the spa, on the spa packaging, or the 
spa marketing materials. ANSI/APSP/ICC-14 2019 provides no requirement 
for the rated volume to correspond to the fill volume. ANSI/APSP/ICC-14 
2019 also does not specify any tolerance on the fill volume 
measurement.
    DOE compared fill volume and rated volume of portable electric spas 
on the market by reviewing certification records available in the CEC 
Modernized Appliance Energy Efficiency Database System 
(``MAEDbS'').\27\ Fill volume and rated volume are equivalent for some 
models, but differ for other models. For most models with differing 
values of fill volume and rated volume, the variation is within a few 
percent. For example, in some cases, the value of rated volume 
corresponds to the fill volume rounded to the nearest multiple of 10. 
For other models, however, the difference between rated and fill volume 
is much greater than any difference due to rounding, ranging from 10 to 
50 percent of fill volume.
---------------------------------------------------------------------------

    \27\ CEC Modernized Appliance Efficiency Database System. 
Accessed September 12, 2022. Available online at 
cacertappliances.energy.ca.gov.
---------------------------------------------------------------------------

    The volume of the water in a portable electric spa has a 
significant effect on the energy consumption of the spa, such that any 
significant difference between fill volume and rated volume for 
particular portable electric spas suggests that the standby loss 
determined for those models (based on fill volume) may not be 
representative of the way those models are advertised or used by 
consumers (presumably, rated volume). Furthermore, lack of tolerance on 
the fill level specification may result in variation in the fill level 
that could reduce repeatability and reproducibility of the test.
    To ensure that the volume of water in the portable electric spa 
during the test is representative of consumer use, DOE is proposing 
three sets of additional provisions in the proposed test procedure. 
First, DOE is proposing to exclude from incorporation by reference the 
definitions of ``fill volume'' and ``rated volume'' in ANSI/APSP/ICC-14 
2019, and to create a new definition of ``fill volume'' in section 3.5 
of appendix GG. DOE proposes to define ``fill volume'' as the volume of 
water held by the portable electric spa when it is filled as specified 
in section 4.1.4 of appendix GG.
    Second, DOE proposes to exclude the spa filling instructions in 
Section 5.5.2 of ANSI/APSP/ICC-14 2019 and define new filling 
instructions in section 4.1.4 of appendix GG. While the filling 
instructions in Section 5.5.2 of ANSI/APSP/ICC-14 2019 rely only on the 
geometry of the spa, with no reference to the manufacturer's 
instructions, the filling instructions proposed in section 4.1.4 of 
appendix GG would first indicate to fill the spa according to 
manufacturer's instructions, and would refer to the geometry of the spa 
only for cases in which the manufacturer's instructions do not specify 
a fill level. Specifically, section 4.1.4 of appendix GG would specify 
filling the spa with water as follows:
    (a) If the manufacturer's instructions specify a single fill level, 
fill to that level with a tolerance of 0.125 inches.
    (b) If the manufacturer's instructions specify a range of fill 
levels and not a single fill level, fill to the middle of that range 
with a tolerance of 0.125 inches.
    (c) If the manufacturer's instructions do not specify a fill level 
or range of fill levels, fill to the halfway point between the bottom 
of the skimmer opening and the top of the skimmer opening with a 
tolerance of 0.125 inches.
    (d) If the manufacturer's instructions do not specify a fill level 
or range of fill levels, and there is no wall skimmer, fill to 6.0 
inches  0.125 inches below the overflow level of the spa.
    By defining the fill level for testing to be the same as that 
specified in the manufacturer's instructions, if available, DOE has 
tentatively concluded that the proposed fill level is more likely to be 
representative of consumer use than the fill level specified by ANSI/
APSP/ICC-14 2019.
    DOE has also tentatively concluded that DOE's specified fill levels 
for units without manufacturer's fill level instructions are likely to 
be representative of consumer use for these units. DOE understands that 
these fill levels are often the levels used for filling portable 
electric spas for proper operation of the spa, and the levels are often 
close to the levels specified in manufacturers' instructions.
    In each of these instructions, DOE specifies a tolerance of 0.125 inches (i.e., one eighth of an inch). DOE's experience 
testing portable electric spas indicates that achieving a tolerance of 
one eighth of an inch is feasible and would not introduce undue burden 
for test laboratories. Furthermore, DOE calculated that a tolerance of 
0.125 inches would result in a maximum variation in the 
measured standby loss of less than 1 percent based on typical wall 
profiles of portable electric spas.
    DOE recognizes the possibility that it might be difficult to 
measure the fill level with a tolerance of 0.125 inches if 
the landmark used to determine fill level is unsteady or a long way 
from the water level. DOE also recognizes that fill level can affect 
the energy use of a spa and that a tighter tolerance might be desired 
to minimize the impact of the tolerance on measured energy use. 
Therefore, DOE welcomes information on whether any other tolerances on 
fill level, such as 0.0625 inches (i.e., one sixteenth of 
an inch) or 0.25 inches (i.e., one quarter of an inch), 
would be more appropriate than 0.125 inches.
    To ensure that the fill volume includes the water in all components 
of the portable electric spa, DOE is also proposing in section 4.1.4 of 
appendix GG to follow the manufacturer's instructions for filling the 
spa with water, connecting and/or priming the pump(s), and starting up 
the spa. After verifying that the portable electric spa is operating 
normally and that all water lines are filled, DOE is proposing to power 
off the spa and adjust the fill level as needed. DOE is proposing to 
measure the volume of water added to the portable electric spa with a 
water meter while filling the spa, and to measure any water removed 
from the spa using a water meter, graduated container, or scale with an 
accuracy of 2 percent of the quantity measured. DOE is 
proposing that the fill volume is the volume of water held by the 
portable electric spa when the spa is filled as specified in section 
4.1.4 of appendix GG.
    Finally, DOE is proposing in the newly proposed provisions at 10 
CFR 429.66 that all representations of fill volume be within 5 gallons 
of the mean fill volume measured for the sample of the basic model. As 
discussed, the data on fill volume and rated volume in MAEDbS indicates 
that some rated volumes correspond to the fill volume rounded to the 
nearest multiple of 10. The proposed requirement for representations of 
fill volume to be within 5 gallons of the measured fill volume would 
allow manufacturers to continue to represent fill volume as a value 
rounded to the nearest multiple of 10, because any such rounded value 
would vary by no more than 5 gallons from the measured value. See 
section III.E.2 of this NOPR for further discussion of DOE's proposals 
regarding represented values.
    DOE requests comment on the proposals to exclude from incorporation 
by reference the definitions of ``fill volume'' and ``rated volume'' in 
ANSI/APSP/ICC-14 2019, to define a new term for ``fill volume,'' and to 
specify new filling instructions in appendix GG.

[[Page 63367]]

    DOE requests comment on its proposal to specify a tolerance of 
0.125 inches on the defined fill level.
    DOE requests comment on whether any other tolerances on fill level, 
such as 0.0625 inches or 0.25 inches would be 
more appropriate than 0.125 inches.
    DOE requests comment on its proposal to allow represented values of 
fill volume to be within 5 gallons of the mean fill volume measured for 
the sample of the basic model.
7. Spa Cover
    Portable electric spas are typically covered when not in active 
use. The standby loss of a portable electric spa is significantly 
affected by the presence and thermal properties of a spa cover. Section 
5.5.5 of ANSI/APSP/ICC-14 2019 requires that the manufacturer's 
specified cover be used during the test. Section 3 of ANSI/APSP/ICC-14 
2019 defines ``cover, specified'' as the cover that is provided or 
specified by the manufacturer. However, ANSI/APSP/ICC-14 2019 does not 
specify how to conduct testing if the manufacturer does not specify a 
cover. For such cases, differences in laboratory testing decisions 
regarding the spa cover to be used for testing could result in 
significant variation in results between laboratories (i.e., low 
reproducibility of test results) and could also produce test results 
that are not representative of average consumer use.
    To ensure reproducible and representative test results, DOE is 
proposing to exclude Section 5.5.5 of ANSI/APSP/ICC-14 2019 and to 
exclude the definition in ANSI/APSP/ICC-14 2019 for ``cover, 
specified''. DOE is proposing in section 4.1.5 of appendix GG to 
specify installing the spa cover following the manufacturer's 
instructions.
    Also, as explained in sections III.E.1 and III.E.2 of this NOPR, 
DOE is proposing in 10 CFR 429.66 that if a basic model is distributed 
in commerce with multiple covers designated by the spa manufacturer for 
use with the basic model, a manufacturer must determine all represented 
values for that basic model based on the cover that results in the 
highest standby loss, except that the manufacturer may choose to 
identify specific individual combinations of spa and cover as 
additional basic models.
    Additionally, DOE is proposing to provide instructions for testing 
if the manufacturer does not specify a particular cover to be used with 
a portable electric spa. DOE considered specifying that no cover be 
used for testing in such cases; however, DOE testing indicates that 
maintaining the required test conditions throughout the duration the 
test (e.g., ambient air temperature and water temperature requirements) 
can be difficult, or in some cases unachievable, if a portable electric 
spa is tested without a cover. Furthermore, among the wide range of 
portable electric spa models that DOE has researched, every identified 
user manual contains instructions or recommendations regarding the use 
of a cover. In most cases, use of a cover is recommended for safety 
purposes as well as sanitation (e.g., to prevent debris from 
accumulating in the water). This practice suggests that consumers would 
be likely to use some type of cover even if the spa manufacturer does 
not specify a particular cover to be used. For these reasons, DOE has 
tentatively determined that testing without a cover would not be 
representative of consumer use and could introduce undue test burden.
    DOE considered options for specifying a cover to be used for cases 
in which no cover is designated by the spa manufacturer. DOE is not 
aware of any information to suggest what type of cover a consumer would 
use if the spa manufacturer does not specify a particular cover to be 
used. In such cases, DOE presumes that some consumers may purchase a 
high-performing spa cover from a third-party supplier; whereas other 
consumers may opt to use a low-cost, minimally protective cover that 
would prevent debris from entering the spa but that would not provide 
substantial insulative properties (e.g., a tarp or thin sheet of 
plastic). For such consumers opting to use a low-cost minimally 
insulative cover, a representation of spa energy use based on testing 
with a thermally insulative cover would not be representative of the 
energy use experienced by such consumers.
    Given that some consumers may opt to use a low-cost, minimally 
insulative cover if the spa manufacturer does not specify use of a 
particular cover, DOE is proposing that if no cover is designated by 
the spa manufacturer for use with the portable electric spa, the 
portable electric spa be covered during testing with a material that 
would be low-cost, widely available, would prevent debris from entering 
the spa, be durable enough for repeated use, but that would provide no 
substantive insulative properties. DOE tentatively finds that a 
material with these properties would be feasible for consumer use as a 
low-cost spa cover. Specifically, DOE is proposing to specify in 
section 4.1.5 of appendix GG the following: If no cover is designated 
by the spa manufacturer for use with the portable electric spa, cover 
the spa with a single layer of 6 mil thickness (0.006 inches; 0.15 mm) 
plastic film. Cut the plastic to cover the entire top surface of the 
spa and extend over each edge of the spa approximately 6 inches below 
the top surface of the spa. Use fasteners or weights to keep the 
plastic in place during the test, but do not seal the edges of the 
plastic to the spa (by using tape, for example).
    DOE market research indicates that 6 mil thickness plastic film is 
widely available at home improvement retailers. In addition, DOE 
testing indicates that covering a portable electric spa during testing 
with a thin plastic material, such as the material proposed, would be 
sufficient to maintain the required ambient air temperature and water 
temperature test conditions throughout the duration the test.
    DOE notes that this proposal to test portable electric spas for 
which the manufacturer does not designate a particular spa cover is 
conceptually similar to DOE's testing approach for central air 
conditioners (``CACs''), which typically consist of both an indoor unit 
and an outdoor unit. The measured efficiency of a CAC is dependent upon 
the performance characteristics of both the indoor unit and outdoor 
unit. For CACs sold as an outdoor unit with no matched indoor unit, the 
DOE test procedure requires that the outdoor unit be tested with an 
indoor unit that is representative of the least efficient unit with 
which it would typically be installed. (see 10 CFR 429.16, Table 1 and 
section (b)(2)(i), and 10 CFR part 430, subpart B, appendix M1, section 
2.2.e)
    However, DOE also notes that this proposal to test portable 
electric spas for which the manufacturer does not designate a 
particular spa cover may not be applicable when the spa manufacturer 
specifically designates a model of portable electric spa for use 
without a cover or with ``no cover'' as one of multiple cover options 
designated by the spa manufacturer. In both of these cases, testing the 
spa with a cover made of 6 mil plastic might not be representative of 
field use. Therefore, in such cases it might be more representative to 
test the spa without a cover.
    DOE requests comment on its proposed requirements for testing a 
portable electric spa that does not have a cover designated for use by 
the spa manufacturer.
    DOE requests comment on whether manufacturers would ever designate 
a portable electric spa model to be used without a cover or designate a 
``no cover'' option. If so, DOE requests comment on how such a spa 
should be tested to determine the highest standby

[[Page 63368]]

loss (e.g., should it be tested with a 6 mil plastic cover, or tested 
with no cover).
8. Air Temperature Measurement Location
    Section 5.6.3 of ANSI/APSP/ICC-14 2019 requires that ambient air 
temperature be measured at one point located 12 to 18 inches above the 
level of the spa cover and a minimum of 8 inches from the wall of the 
chamber. The temperature probe will be positioned and out of direct 
airflow from the circulation fan. ANSI/APSP/ICC-14 2019 does not 
provide any further requirements on the location of the ambient air 
temperature measurement point, such that it would be possible in a 
large chamber for the measurement point to be located beyond the 
immediate proximity of the portable electric spa. This lack of 
direction presents the possibility that the temperature could be taken 
at a location in the chamber with an ambient temperature that is 
different than the ambient temperature immediately around the portable 
electric spa.
    To avoid this potential issue, DOE is proposing further 
requirements on the horizontal location of the ambient air temperature 
measurement point. DOE understands that it is common for ambient air 
temperature to be measured directly above the center of the portable 
electric spa. Therefore, DOE is proposing in section 4.1.6 of appendix 
GG that the ambient air temperature measurement point specified in 
Section 5.6.3 of ANSI/APSP/ICC-14 2019 must be located above the center 
of the portable electric spa. DOE has tentatively concluded that this 
proposal will ensure that the ambient air temperature is measured close 
to the portable electric spa and in the same general location each 
time, thereby increasing test repeatability, reproducibility, and 
representativeness.
    DOE requests comment on the proposal to require that ambient air 
temperature be measured above the center of the portable electric spa.
9. Water Temperature Settings
    The definition of standby mode in ANSI/APSP/ICC-14 2019 indicates 
that water temperature settings may be adjusted to meet the test 
conditions.\28\ ANSI/APSP/ICC-14 2019 does not specify, however, 
whether adjustments to the water temperature settings can be made 
during the test. As discussed in section III.C.2 of this NOPR, users 
typically leave a portable electric spa at the desired water 
temperature setting while the spa is operating in default operation 
mode with the cover on. Based on these consumer usage patterns, water 
temperature adjustments during a test would be unrepresentative of 
field use. In addition, the permitting of water temperature setting 
adjustments during a test could influence the outcome of the test.
---------------------------------------------------------------------------

    \28\ The definition of standby mode in Section 3 of ANSI/APSP/
ICC-14 2019 is as follows: All settings at default as shipped by the 
manufacturer, except water temperature, which may be adjusted to 
meet the test conditions. No manual operations are enabled.
---------------------------------------------------------------------------

    For these reasons, DOE has tentatively concluded that water 
temperature setting adjustments would not be appropriate during the 
test and that further specification is required to ensure repeatable, 
reproducible, and representative test results. Therefore, DOE proposes 
in section 4.2.2 of appendix GG to specify that portable electric spa 
water temperature settings be adjusted to meet the test requirements, 
but that spa water temperature settings must not be adjusted between 
the start of the stabilizing period specified in Section 5.6.1 of ANSI/
APSP/ICC-14 2019 and the end of the test period specified in Section 
5.6.4.7 of ANSI/APSP/ICC-14 2019.
    DOE requests comment on its proposed requirement that water 
temperature settings must not be adjusted between the start of the 
stabilizing period and the end of the test period.
10. Water Temperature Requirements
    The sub-sections within Section 5.6.1 of ANSI/APSP/ICC-14 2019 
specify the range of water temperatures that are allowed during the 
test based on the capabilities of the portable electric spa.\29\ DOE 
understands that these requirements apply to every temperature 
measurement taken during the test. However, some consumer product test 
procedures specify requirements for the average temperature during a 
test instead of the individual temperature measurements.\30\ The 
phrasing used in Section 5.6.1 of ANSI/APSP/ICC-14 2019 could be 
interpreted to refer to requirements on the average temperature during 
the test instead of every temperature measurement taken during the 
test. This wording creates the possibility that the range of water 
temperatures could vary between tests based on a laboratory's 
interpretation of whether the water temperature requirements apply to 
the average temperature or each individual measurement.
---------------------------------------------------------------------------

    \29\ For example, Section 5.6.1.1 states that for exercise spas 
or the exercise portion of a combination spa, that are capable of 
maintaining a minimum water temperature of 100 [deg]F (38 [deg]C) 
for the duration of the test, the spa shall be tested at 102 [deg]F 
+/-2 [deg]F (39 [deg]C +/-1 [deg]C) and maintain a minimum water 
temperature of 100 [deg]F (38 [deg]C) for the duration of the test.
    \30\ For example, the test procedure for refrigerators and 
refrigerator-freezers at appendix A to subpart B of part 430 
contains several requirements on the average temperature of the 
compartment(s) within the appliance.
---------------------------------------------------------------------------

    To ensure that the water temperature requirements are interpreted 
consistently and repeatably, DOE is proposing to specify explicitly in 
section 4.2.3 of appendix GG that each individual water temperature 
measurement taken during the stabilization period and test period must 
meet the applicable water temperature requirements specified in Section 
5.6.1 of ANSI/APSP/ICC-14 2019. DOE conducted investigative testing and 
found that this requirement can be met in typical spa operation.
    DOE requests comment on its proposal to state explicitly that each 
individual water temperature measurement taken during the stabilization 
period and test period must meet the applicable water temperature 
requirements.
11. Standby Loss Calculation
    Section 5.7 of ANSI/APSP/ICC-14 2019 contains calculations for 
normalized standby power. This includes calculating the measured 
standby power and normalizing that standby power to a normalized 
temperature difference between the water in the spa and the ambient 
air. As discussed in section III.C.3 of this NOPR, DOE is proposing to 
use the term ``standby loss'' instead of ``normalized standby power.'' 
In addition, as discussed in section III.D.3 of this NOPR, DOE is 
proposing to specify a representative ambient air temperature of 56 
[deg]F. Because these proposals are inconsistent with the calculations 
defined in Section 5.7 of ANSI/APSP/ICC-14 2019, DOE is proposing to 
exclude Section 5.7 of ANSI/APSP/ICC-14 2019 from incorporation by 
reference and to specify a new standby loss calculation in section 4.3 
of appendix GG. DOE is proposing for this section to use the term 
``standby loss'' instead of ``normalized standby power'' and to use 
normalized temperature differences that are consistent with DOE's 
proposed representative ambient air temperature of 56 [deg]F.
    In determining the normalized temperature differences, DOE also is 
proposing to use a different approach to calculate the normalized 
temperature differences than the approach used in ANSI/APSP/ICC-14 
2019. In Sections

[[Page 63369]]

5.7.2 and 5.7.3 of ANSI/APSP/ICC-14 2019, the normalized temperature 
differences are equal to the minimum of the allowed water temperature 
range (i.e., 100 [deg]F or 85 [deg]F) minus the maximum of the allowed 
ambient air temperature range (i.e., 63 [deg]F), resulting in a 
normalized temperature difference of 37 [deg]F for units tested at a 
water temperature of 102 [deg]F  2 [deg]F, and a normalized 
temperature difference of 22 [deg]F for units tested at a water 
temperature of 87 [deg]F  2 [deg]F. DOE has tentatively 
concluded that this approach may not be representative of an average 
use cycle, because it normalizes standby loss to the minimum expected 
temperature difference resulting from the two defined ranges. DOE has 
tentatively concluded that a more representative result would be 
obtained by calculating the normalized temperature difference as the 
difference between the midpoint of the allowable water temperature and 
ambient air temperature ranges.
    Therefore, DOE is proposing to define a normalized temperature 
difference of 46 [deg]F (i.e., 102 [deg]F-56 [deg]F) for units tested 
at a water temperature of 102 [deg]F  2 [deg]F, and a 
normalized temperature difference of 31 [deg]F (i.e., 87 [deg]F-56 
[deg]F) for units tested at a water temperature of 87 [deg]F  2 [deg]F.
    DOE requests comment on the proposed standby loss calculations, 
including the method used to calculate normalized temperature 
differences based on the midpoint of the allowable temperature ranges. 
DOE requests comment on its tentative conclusion that normalizing 
standby loss to the midpoint of the allowable temperature ranges would 
produce test results that are more representative than normalizing 
standby loss to the minimum expected temperature difference between the 
allowable ranges.

E. Represented Values Provisions

    For determining the proposed represented values (i.e., standby loss 
and fill volume) for each basic model, DOE proposes that manufacturers 
must use a statistical sampling plan of tested data. The following 
sections discuss the concept of a basic model as well as DOE's proposed 
sampling plan.
1. Basic Model
    In the course of regulating consumer products, DOE has developed 
the concept of a ``basic model'' to determine the specific product or 
equipment configuration(s) to which the regulations would apply. 
Specifically, in DOE's existing definition of basic model at 10 CFR 
430.2, basic model means all units of a given type of covered product 
(or class thereof) manufactured by one manufacturer that have the same 
primary energy source and have essentially identical electrical, 
physical, and functional (or hydraulic) characteristics that affect 
energy consumption, energy efficiency, water consumption, or water 
efficiency.\31\
---------------------------------------------------------------------------

    \31\ The definition of ``basic model'' in 10 CFR 430.2 also 
includes several product-specific paragraphs that are not relevant 
to portable electric spas.
---------------------------------------------------------------------------

    DOE has reviewed this definition of ``basic model'' and tentatively 
determined that the general definition is appropriate for portable 
electric spas. For the purposes of applying the proposed portable 
electric spa regulations, DOE is proposing to rely on the definition of 
``basic model'' as currently defined at 10 CFR 430.2. Application of 
the current definition of ``basic model'' would allow manufacturers of 
portable electric spas to group similar models within a basic model to 
minimize testing burden, while ensuring that key variables that 
differentiate portable electric spa energy performance or utility are 
maintained as separate basic models. As proposed, manufacturers would 
be required to test only a representative number of units of a basic 
model in lieu of testing every individual model they manufacture, and 
individual models of portable electric spas would be permitted to be 
grouped under a single basic model so long as all grouped models have 
the same representative energy performance, which is representative of 
the unit with the highest standby loss.
    For example, characteristics that might distinguish basic models of 
a portable electric spa might be the amount and location of insulation 
or reflective material in the spa cabinet, and the configuration of the 
spa's plumbing, especially including whether the spa uses a dedicated-
purpose pump for circulation, such that the standby loss of the spa can 
be reasonably expected to differ as a result. DOE understands that many 
available features on portable electric spas, such as varying colors of 
exterior cabinetry or acrylic shell, do not affect energy usage. 
Therefore, features such as these would not constitute the basis for 
establishing a distinct basic model.
    Also, as explained in section III.E.2 of this NOPR, DOE is 
proposing in 10 CFR 429.66 that if a basic model is distributed in 
commerce with multiple covers designated by the spa manufacturer for 
use with the basic model, a manufacturer must determine all represented 
values for that basic model based on the cover that results in the 
highest standby loss, except that the manufacturer may choose to 
identify specific individual combinations of spa and cover as 
additional basic models.
    DOE requests comment on the proposed applicability of the 
definition of ``basic model'' at 10 CFR 430.2 to portable electric 
spas.
2. Represented Values
    DOE provides requirements for represented values and sampling plans 
for all covered products in subpart B to part 429. The purpose of a 
statistical sampling plan is to provide a method to determine 
represented values of energy- and non-energy-related metrics for each 
basic model.
    DOE is proposing to create a new section at 10 CFR 429.66 for 
portable electric spas and to require that, for each basic model, a 
sample of sufficient size must be randomly selected and tested to 
ensure that any represented value of standby loss or other measure of 
energy consumption of a basic model for which customers would favor 
lower values is greater than or equal to the higher of the following 
two values:
    (1) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TP18OC22.024
    
and x is the sample mean, n is the number of samples, and 
xi is the maximum of the i\th\ sample;

    Or,
    (2) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TP18OC22.025

and x is the sample mean, s is the sample standard deviation, n is 
the number of samples, and t0.95 is the t statistic for a 
95 percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A of subpart B of part 429).

    DOE is also proposing in 10 CFR 429.66 that the represented value 
of standby loss must be a whole number of watts.
    In addition to specifying sampling provisions pertaining to 
representations of standby loss, DOE is proposing that the represented 
value of fill volume must be a whole number of gallons that is within 5 
gallons of the mean of the fill volumes measured for the units in the 
sample used to determine the represented value of standby loss. As 
discussed in section III.D.6 of this NOPR, DOE is proposing a tolerance 
of 5 gallons on the represented value of fill volume to enable 
manufacturers to make representations of fill volume values

[[Page 63370]]

that are multiples of 10 in marketing materials, consistent with 
current practice.
    Portable electric spas are often available with more than one model 
of cover, and the characteristics of the cover can significantly affect 
measured standby loss. DOE is proposing in 10 CFR 429.66 that if a 
basic model is distributed in commerce with multiple covers designated 
by the spa manufacturer for use with the basic model, a manufacturer 
must determine all represented values for that basic model based on the 
cover that results in the highest standby loss, except that the 
manufacturer may choose to identify specific individual combinations of 
spa and cover as additional basic models. DOE is also proposing that if 
a basic model is distributed in commerce with no cover designated by 
the spa manufacturer for use with the basic model, a manufacturer must 
determine all represented values for that basic model by testing as 
specified in section 4.1.5.2 of appendix GG to subpart B of part 430.
    DOE requests comment on the proposed statistical sampling 
procedures and representations requirements for portable electric spas.
    DOE requests comment on the proposal that represented values be 
based on testing with the designated cover that results in the highest 
standby loss; or by testing as specified in section 4.1.5.2 of appendix 
GG to subpart B of part 430 if there is no designated cover.

F. Representations of Energy Efficiency or Energy Use

    Manufacturers of portable electric spas within the scope of the 
proposed portable electric spa test procedure, if finalized, would be 
required to use the test procedure proposed in this NOPR when making 
representations about the energy efficiency or energy use of their 
products. Specifically, 42 U.S.C. 6293(c) provides that ``no 
manufacturer . . . may make any representation . . . respecting the 
energy consumption of such product or cost of energy consumed by such 
product, unless such product has been tested in accordance with such 
test procedure and such representation fairly discloses the results of 
such testing.''
    If made final, the proposed test procedure would not require 
manufacturers to test the subject portable electric spas until such 
time as compliance is required with any future applicable energy 
conservation standards that are established. However, beginning 180 
days after publication of a final rule that adopts a test procedure for 
portable electric spas, any voluntary representations as to the energy 
efficiency or energy use of a subject portable electric spa would be 
required to be based on the DOE test procedure. (42 U.S.C. 6293(c)(2))

G. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this NOPR, DOE proposes to establish a test procedure for 
portable electric spas by incorporating by reference the test methods 
established in ANSI/APSP/ICC-14 2019, ``American National Standard for 
Portable Electric Spa Energy Efficiency,'' with certain modifications 
and additions. This NOPR also contains proposals regarding 
representation provisions for portable electric spas. The following 
paragraphs discuss DOE's analysis of testing costs associated with this 
proposal.
    As discussed previously, DOE proposes to incorporate by reference 
the test method contained in certain applicable Sections of ANSI/APSP/
ICC-14 2019 as the basis for the portable electric spas test procedure. 
DOE also proposes modifications and additions to ANSI/APSP/ICC-14 2019 
to ensure repeatability, reproducibility, and representativeness of 
test results. These proposals are discussed in sections III.D.1 through 
III.D.11 of this NOPR.
    Because DOE's proposed test procedure would largely be consistent 
with the current industry test method ANSI/APSP/ICC-14 2019, DOE has 
tentatively determined that the proposal in this NOPR is unlikely to 
significantly increase burden in comparison to performing testing 
consistent with ANSI/APSP/ICC-14 2019. In the following paragraphs, DOE 
estimates the testing costs associated with the proposed test procedure 
for portable electric spas.
    By adopting industry standards, DOE has tentatively determined that 
the proposals included in this NOPR would establish a DOE test 
procedure that is reasonably designed to produce test results which 
reflect energy efficiency and energy use of portable electric spas 
during a representative average use cycle and that would not be unduly 
burdensome for manufacturers to conduct. DOE is presenting its 
estimates for the costs associated with testing products consistent 
with the requirements of the proposed test procedure, as would be 
required to certify compliance with any future energy conservation 
standard.
    DOE estimates the per-test cost for third-party laboratory testing 
of portable electric spas according to the current industry consensus 
test procedure ANSI/APSP/ICC-14 2019 to be $5,000 for standard and 
inflatable spas, $9,000 for exercise spas, and $11,000 for combination 
spas. DOE estimates the per-test cost for third-party lab testing 
according to the proposed DOE test procedure to be $5,150 for standard 
and inflatable spas, $9,150 for exercise spas, and $11,150 for 
combination spas. This slight increase between the estimates for ANSI/
APSP/ICC-14 2019 and the proposed DOE test procedure is due to the 
potential that some testing labs may be required to install 
conditioning equipment to comply with the proposed lower ambient 
temperature requirement. DOE estimates the cost of such equipment to be 
approximately $150.\32\
---------------------------------------------------------------------------

    \32\ DOE engaged in correspondence with multiple third-party 
test labs, and with portable electric spa manufacturers. The costs 
above reflect DOE's high end estimates of potential testing costs. 
DOE researched the cost of conditioning systems that may be required 
for test labs to purchase for adapting current test chambers to 
comply with the DOE proposed test procedure, and the cost of their 
installation. DOE amortized the combined cost of purchase and 
installation per spa such that the upgrade costs to a test lab would 
be recovered in one calendar year.
---------------------------------------------------------------------------

    DOE notes that the testing burden per manufacturer will vary 
depending on current testing practices. ANSI/APSP/ICC-14 2019 is the 
generally accepted industry test procedure. As such, many manufacturers 
are already testing to ANSI/APSP/ICC-14 2019 for certification in 
California and other regulated markets.
    DOE requests comment on its estimates of the costs associated with 
performing testing according to the test procedure proposals in this 
NOPR. DOE requests comment on its tentative determination that the 
proposed DOE test procedure, if finalized, would not be unduly 
burdensome for manufacturers to conduct.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle or period of use. Section 8(c) of appendix A of 10 
CFR part 430, subpart C. In cases where the industry standard does not 
meet EPCA's statutory criteria for test procedures, DOE will make 
modifications through the rulemaking process to these standards for the 
DOE test procedure.
    The industry standard DOE proposes to incorporate by reference via

[[Page 63371]]

amendments described in this notice is discussed in further detail in 
section III.D.1 of this document.
    DOE requests comments on the benefits and burdens of the proposed 
updates and additions to the industry standard referenced in the test 
procedure for portable electric spas.

H. Compliance Date

    If DOE amends a test procedure, EPCA prescribes that all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) To the extent the test procedure 
proposed in this document is required only for the evaluation and 
issuance of efficiency standards, use of the test procedure, if 
finalized, would not be required until the compliance date of such 
standards. Section 8(e) of appendix A, 10 CFR part 430, subpart C.
    If DOE were to publish a new test procedure, EPCA provides an 
allowance for individual manufacturers to petition DOE for an extension 
of the 180-day period if the manufacturer may experience undue hardship 
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. (Id.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011), 
requires agencies, to the extent permitted by law, to (1) propose or 
adopt a regulation only upon a reasoned determination that its benefits 
justify its costs (recognizing that some benefits and costs are 
difficult to quantify); (2) tailor regulations to impose the least 
burden on society, consistent with obtaining regulatory objectives, 
taking into account, among other things, and to the extent practicable, 
the costs of cumulative regulations; (3) select, in choosing among 
alternative regulatory approaches, those approaches that maximize net 
benefits (including potential economic, environmental, public health 
and safety, and other advantages; distributive impacts; and equity); 
(4) to the extent feasible, specify performance objectives, rather than 
specifying the behavior or manner of compliance that regulated entities 
must adopt; and (5) identify and assess available alternatives to 
direct regulation, including providing economic incentives to encourage 
the desired behavior, such as user fees or marketable permits, or 
providing information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this proposed regulatory action 
is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this proposed regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this proposed action was not submitted to OIRA for review 
under E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel.
    The following sections detail DOE's IRFA for this test procedure 
rulemaking.
1. Description of Reasons Why Action Is Being Considered
    Portable electric spas are factory-built hot tubs or spas that are 
intended for the immersion of people in heated, temperature-controlled 
water that is circulated in a closed system. Currently, portable 
electric spas are not subject to DOE test procedures or energy 
conservation standards. DOE is publishing this NOPR in accordance with 
the statutory authority in EPCA. In this NOPR, DOE is proposing to 
establish a new test procedure for portable electric spas.
2. Objective of, and Legal Basis for, Rule
    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \33\ of EPCA established the Energy 
Conservation Program for Consumer Products Other Than Automobiles, 
which sets forth a variety of provisions designed to improve energy 
efficiency for certain products, referred to as ``covered products.'' 
In addition to specifying a list of consumer products that are covered 
products, EPCA contains provisions that enable the Secretary of Energy 
to classify additional types of consumer products as covered products.
---------------------------------------------------------------------------

    \33\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. Specifically, EPCA provides that DOE may, in 
accordance with certain requirements, prescribe test procedures for any 
consumer product classified as a covered product under section 6292(b). 
(42 U.S.C. 6293(b)(1)(B)) EPCA requires that any test procedures 
prescribed or amended under this section shall be reasonably designed 
to produce test results which measure energy efficiency, energy use, or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3))
3. Description and Estimate of Small Entities Regulated
    DOE uses the Small Business Administration (``SBA'') small business 
size standards to determine whether manufacturers qualify as ``small 
businesses,'' which are listed by the North American Industry 
Classification

[[Page 63372]]

System (``NAICS'').\34\ The SBA considers a business entity to be a 
small business if, together with its affiliates, it employs less than a 
threshold number of workers specified in 13 CFR part 121.
---------------------------------------------------------------------------

    \34\ Available at: www.sba.gov/document/support-table-size-standards.
---------------------------------------------------------------------------

    Portable electric spa manufacturers, who produce the products 
covered by this rule, are classified under NAICS code 333414, ``Heating 
Equipment (except Warm Air Furnaces) Manufacturing.'' In 13 CFR 
121.201, the SBA sets a threshold of 500 employees or fewer for an 
entity to be considered as a small business for this category. This 
employee threshold includes all employees in a business's parent 
company and any other subsidiaries.
    DOE reviewed the test procedure proposed in this NOPR under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003. The Department conducted a 
focused inquiry into small business manufacturers of the products 
covered by this rulemaking. DOE used publicly available information to 
identify potential small businesses that manufacture portable electric 
spas domestically. DOE identified manufacturers using MAEDbS and web 
searches. Additionally, DOE used publicly-available information and 
subscription-based market research tools (e.g., reports from Dun & 
Bradstreet \35\). As a result of this inquiry, DOE identified a total 
of 28 companies that are manufacturers of portable electric spas in the 
United States. DOE screened out companies that do not meet the 
definition of a ``small business'' or are foreign-owned and operated. 
Of these, DOE identified 14 potential small businesses.
---------------------------------------------------------------------------

    \35\ Dun & Bradstreet reports are available at: 
app.dnbhoovers.comI (last accessed September 1, 2021).
---------------------------------------------------------------------------

4. Description and Estimate of Compliance Requirements
    In this NOPR, DOE proposes to establish a test procedure for 
portable electric spas in a new appendix GG to subpart B of part 430. 
DOE proposes to incorporate by reference the test methods established 
in ANSI/APSP/ICC-14 2019, ``American National Standard for Portable 
Electric Spa Energy Efficiency,'' with certain exceptions and 
additions. The proposed test method produces a measure (``standby 
loss'') of the energy consumption of portable electric spas that 
represents the average power consumed by the spa, normalized to a 
standard temperature difference between the ambient air and the water 
in the spa, while the cover is on and the product is operating in its 
default operation mode.
    DOE's proposed test procedure would be largely consistent with the 
current industry consensus test method ANSI/APSP/ICC-14 2019. As such 
DOE anticipates the proposal in this NOPR to be unlikely to 
significantly increase burden given that DOE is referencing the 
prevailing industry test procedure. Furthermore, compliance with the 
proposed test procedure would not be required until compliance is 
required with any energy conservation standards DOE establishes for 
portable electric spas or if a manufacturer chooses to make voluntary 
representations.
    DOE recognizes that energy conservation standards related to 
portable electric spas may be proposed or promulgated in the future and 
manufacturers would then be required to test all covered products in 
accordance with the proposed test procedure once compliance with any 
standard is required. Therefore, DOE is presenting the estimated 
maximum costs associated with testing consistent with the requirements 
of the test procedure, as would be required to comply with any future 
energy conservation standards for portable electric spas.
    DOE understands that most portable electric spa manufacturers elect 
to test units at a third-party testing facility. DOE estimates that the 
per basic model test costs for third-party lab testing to be $5,150 for 
standard and inflatable spas, $9,150 for exercise spas, and $11,150 for 
combination spas. Also, DOE estimates the impacts based on estimated 
basic model counts and company revenue. Table IV.1 summarizes DOE's 
estimates for the identified small businesses. On average, testing 
costs represent less than 1 percent of annual revenue for a typical 
small business.

                     Table IV.1--Estimated Testing Burden for Small, Domestic Manufacturers
----------------------------------------------------------------------------------------------------------------
                                                        Estimated testing     Annual revenue   Percent of annual
                    Manufacturer                        burden (2022$mm)        (2022$mm)         revenue (%)
----------------------------------------------------------------------------------------------------------------
Manufacturer A......................................                 0.08               51.4                0.2
Manufacturer B......................................                 0.01               10.3                0.1
Manufacturer C......................................                 0.06               29.6                0.2
Manufacturer D......................................                 0.03              0.600                4.3
Manufacturer E......................................                 0.01                111                0.0
Manufacturer F......................................                 0.14               62.0                0.2
Manufacturer G......................................                 0.17               27.0                0.7
Manufacturer H......................................                 0.06               20.0                0.3
Manufacturer I......................................                 0.07               7.52                1.0
Manufacturer J......................................                 0.02               23.7                0.1
Manufacturer K......................................                 0.02               40.0                0.1
Manufacturer L......................................                 0.05               12.7                0.4
Manufacturer M......................................                 0.03               7.73                0.4
Manufacturer N......................................                 0.01               2.19                0.5
----------------------------------------------------------------------------------------------------------------

    DOE requests comment on the number of small businesses DOE 
identified. DOE also requests comment on the potential cost estimates 
for each small business identified.
5. Duplication, Overlap, and Conflict With Other Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with the proposed rule being considered.
6. Significant Alternatives to the Rule
    The discussion in the previous section analyzes impacts on small

[[Page 63373]]

businesses that would result from DOE's proposed test procedure, if 
finalized. In reviewing alternatives to the proposed test procedure, 
DOE considered the option of not establishing a Federal test procedure 
for portable electric spas. While not establishing a test procedure 
would reduce the burden on small businesses, DOE must use test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s)) Because 
establishing a test procedure for portable electric spas is necessary 
prior to establishing energy conservation standards, DOE tentatively 
concludes that establishing the test procedure, as proposed in this 
NOPR, supports DOE's authority to achieve the maximum improvement in 
energy efficiency that is technologically feasible and economically 
justified. (42 U.S.C. 6295(o)(2)(A))
    The Department has tentatively determined that there are no better 
alternatives than the test procedure proposed in this NOPR, in terms of 
both meeting the agency's objectives and reducing burden. Additionally, 
manufacturers subject to DOE's test procedures may apply to DOE's 
Office of Hearings and Appeals for exception relief under certain 
circumstances. Manufacturers should refer to 10 CFR part 430, subpart 
E, and 10 CFR part 1003 for additional details.

C. Review Under the Paperwork Reduction Act of 1995

    Although no energy conservation standards have been established for 
portable electric spas as of the publication of this NOPR, 
manufacturers of portable electric spas would need to certify to DOE 
that their products comply with any potential future applicable energy 
conservation standards. To certify compliance, manufacturers must first 
obtain test data for their products according to the DOE test 
procedures, including any amendments adopted for those test procedures. 
DOE has established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including portable electric spas. (See generally 10 CFR part 
429.) The collection-of-information requirement for the certification 
and recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (``PRA''). This requirement has been approved 
by OMB under OMB control number 1910-1400. Public reporting burden for 
the certification is estimated to average 35 hours per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    DOE is not proposing certification or reporting requirements for 
portable electric spas in this NOPR. Instead, DOE may consider 
proposals to establish certification requirements and reporting for 
portable electric spas under a separate rulemaking regarding appliance 
and equipment certification. DOE will address changes to OMB Control 
Number 1910-1400 at that time, as necessary.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this NOPR, DOE proposes a test procedure that it expects will be 
used to develop and implement future energy conservation standards for 
portable electric spas. DOE has determined that this proposed rule 
falls into a class of actions that are categorically excluded from 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, DOE has determined that adopting test procedures for 
measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, sections A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State,

[[Page 63374]]

local, and Tribal governments and the private sector. Public Law 104-4, 
sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action 
likely to result in a rule that may cause the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector of $100 million or more in any one year (adjusted annually for 
inflation), section 202 of UMRA requires a Federal agency to publish a 
written statement that estimates the resulting costs, benefits, and 
other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA 
also requires a Federal agency to develop an effective process to 
permit timely input by elected officers of State, local, and Tribal 
governments on a proposed ``significant intergovernmental mandate,'' 
and requires an agency plan for giving notice and opportunity for 
timely input to potentially affected small governments before 
establishing any requirements that might significantly or uniquely 
affect small governments. On March 18, 1997, DOE published a statement 
of policy on its process for intergovernmental consultation under UMRA. 
62 FR 12820; also available at www.energy.gov/gc/office-general-counsel. DOE examined this proposed rule according to UMRA and its 
statement of policy and determined that the rule contains neither an 
intergovernmental mandate, nor a mandate that may result in the 
expenditure of $100 million or more in any year, so these requirements 
do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to establish a test procedure for 
measuring the energy efficiency of portable electric spas is not a 
significant regulatory action under Executive Order 12866. Moreover, it 
would not have a significant adverse effect on the supply, 
distribution, or use of energy, nor has it been designated as a 
significant energy action by the Administrator of OIRA. Therefore, it 
is not a significant energy action, and, accordingly, DOE has not 
prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The proposed test procedure for portable electric spas would 
incorporate testing methods contained in certain sections of the 
following commercial standard: Pool & Hot Tub Alliance ANSI/APSP/ICC-14 
2019, ``American National Standard for Portable Electric Spa Energy 
Efficiency''. DOE has evaluated these standards and is unable to 
conclude whether they fully comply with the requirements of section 
32(b) of the FEAA (i.e., whether it was developed in a manner that 
fully provides for public participation, comment, and review). DOE will 
consult with both the Attorney General and the Chairman of the FTC 
concerning the impact of this test procedure on competition, prior to 
prescribing a final rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference ANSI/APSP/
ICC-14 2019. The proposed incorporated test standard measures standby 
loss as the average power required to maintain the spa's water at a 
ready-to-use temperature for 72 hours, while the spa sits covered in a 
controlled-temperature environment. Specifically, this NOPR proposes to 
incorporate significant portions of section 3, ``Definitions'', section 
5, ``Test Methods'', and appendix A, ``Minimum Chamber Requirements''.
    Copies of ANSI/APSP/ICC-14 2019 may be purchased from the Pool & 
Hot Tub Alliance, 2111 Eisenhower Avenue, Suite 500, Alexandria, VA 
22314 (www.phta.org), or by going to

[[Page 63375]]

webstore.ansi.org/Standards/APSP/ansiapspicc142019.

V. Public Participation

A. Participation in the Webinar

    The time and date of the webinar meeting are listed in the DATES 
section at the beginning of this document. Webinar registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on 
DOE's website: www.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=79. Participants are responsible for ensuring 
their systems are compatible with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
proposed rule, or who is representative of a group or class of persons 
that has an interest in these issues, may request an opportunity to 
make an oral presentation at the webinar. Such persons may submit to 
[email protected]. Persons who wish to speak 
should include with their request a computer file in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format that briefly describes 
the nature of their interest in this rulemaking and the topics they 
wish to discuss. Such persons should also provide a daytime telephone 
number where they can be reached.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar/public 
meeting and may also use a professional facilitator to aid discussion. 
The meeting will not be a judicial or evidentiary-type public hearing, 
but DOE will conduct it in accordance with section 336 of EPCA (42 
U.S.C. 6306). A court reporter will be present to record the 
proceedings and prepare a transcript. DOE reserves the right to 
schedule the order of presentations and to establish the procedures 
governing the conduct of the webinar/public meeting. There shall not be 
discussion of proprietary information, costs or prices, market share, 
or other commercial matters regulated by U.S. anti-trust laws. After 
the webinar/public meeting and until the end of the comment period, 
interested parties may submit further comments on the proceedings and 
any aspect of the rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will present a general overview of the topics addressed in this 
rulemaking, allow time for prepared general statements by participants, 
and encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
general statement (within time limits determined by DOE), before the 
discussion of specific topics. DOE will permit, as time permits, other 
participants to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this rulemaking. The 
official conducting the webinar/public meeting will accept additional 
comments or questions from those attending, as time permits. The 
presiding official will announce any further procedural rules or 
modification of the above procedures that may be needed for the proper 
conduct of the webinar/public meeting.
    A transcript of the webinar will be included in the docket, which 
can be viewed as described in the Docket section at the beginning of 
this proposed rule. In addition, any person may buy a copy of the 
transcript from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule.\36\ Interested parties may submit comments, data, and other 
information using any of the methods described in the ADDRESSES section 
at the beginning of this document.
---------------------------------------------------------------------------

    \36\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 
2020, the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect, 
and Congress's action in replacing NAFTA through the USMCA 
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the 
repeal of E.O. 12889 and its 75-day comment period requirement for 
technical regulations. Thus, the controlling laws are EPCA and the 
USMCA Implementation Act. Consistent with EPCA's public comment 
period requirements for consumer products, the USMCA only requires a 
minimum comment period of 60 days. Consequently, DOE now provides a 
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------

    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last name, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment itself or in any documents attached to your 
comment. Any information that you do not want to be publicly viewable 
should not be included in your comment, nor in any document attached to 
your comment. Otherwise, persons viewing comments will see only first 
and last names, organization names, correspondence containing comments, 
and any documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted

[[Page 63376]]

via email, hand delivery/courier, or postal mail also will be posted to 
www.regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No telefacsimiles (``faxes'') will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English, and that are free of any defects 
or viruses. Documents should not contain special characters or any form 
of encryption and, if possible, they should carry the electronic 
signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests comment on its proposal for the scope of the test 
procedure to include all products that meet the definition of portable 
electric spa. DOE requests comment on whether any additional products 
should be included within the scope of the DOE test procedure. DOE 
requests comment on whether any products that meet the definition of 
portable electric spa should be excluded from the scope of the DOE test 
procedure, and, if so, on what basis.
    (2) DOE requests comment on whether the definitions for the 
categories of portable spas proposed in section 3 of appendix GG (i.e., 
``standard spa'', ``exercise spa'', ``combination spa'', and 
``inflatable spa'') adequately delineate the categories of portable 
electric spas and whether any additional or different categories are 
warranted.
    (3) DOE requests comment on whether there are portable electric 
spas used for special purposes, such as those operated for medical 
treatment or physical therapy, that should be excluded from the scope 
of the DOE test procedure or tested in a different manner. If so, DOE 
requests comment on the method to determine the spas to exclude or test 
differently.
    (4) DOE requests comment on its tentative determination not to 
propose a minimum or maximum size to limit the scope of the DOE test 
procedure.
    (5) DOE requests comment on whether it is necessary to measure 
standby mode or off mode energy consumption in the DOE test procedure.
    (6) DOE requests comment on its proposal to use standby loss, 
equivalent to the normalized standby power as defined by ANSI/APSP/ICC-
14 2019, as the performance-based metric for representing the energy 
use of portable electric spas.
    (7) DOE requests comment on its proposed definition for ``standby 
loss'' in section 3.9 of appendix GG.
    (8) DOE requests comment and data on the representative operation 
of spas when in use with the cover removed, including typical frequency 
and duration of use, operation of jets or other features, and number of 
users. DOE also requests comment on how usage varies across spa types.
    (9) DOE requests comment on any test methods that measure the 
operation of spas when in use with the cover removed.
    (10) DOE requests comment on its proposal to adopt specific 
sections of ANSI/APSP/ICC-14 2019 in DOE's proposed test procedure for 
portable electric spas.
    (11) DOE requests comment on whether any of the sections of ANSI/
APSP/ICC-14 2019 that DOE is proposing to exclude from the proposed DOE 
test procedure should be included in the DOE test procedure.
    (12) DOE requests comment on its determination that, rounded to the 
nearest degree, 56 [deg]F is a nationally representative ambient air 
temperature applicable to testing portable electric spas.
    (13) DOE requests comment on its proposal to specify an ambient air 
temperature of 56.0  3.0 [deg]F during testing. If 
commenters recommend a different ambient temperature, DOE requests data 
demonstrating the representativeness of that ambient temperature.
    (14) DOE requests comment on its tentative determination that the 
specifications regarding chamber internal dimensions, air flow, and 
chamber insulation in appendix A to ANSI/APSP/ICC-14 2019 are 
appropriate for testing portable electric spas and would produce test 
results that reflect representative consumer use and would not be 
unduly burdensome to require for testing.
    (15) DOE requests comment on the proposed chamber requirements in 
section 4.1.1 of appendix GG and whether any alternate or additional 
requirements are needed.
    (16) DOE seeks comment on its tentative determination, based on 
review of portable electric spa user manuals, that the most 
representative installation of a portable electric spa is to be 
installed directly on concrete with no insulation between that surface 
and the spa.
    (17) DOE requests comment on its proposal to specify installing the 
portable electric spa directly on the chamber floor without any 
insulation between the spa and the floor.
    (18) DOE seeks comment on its presumption that a consumer would be 
likely to install insulation and/or wood if insulation and/or wood were 
to be included with the portable electric spa and specified by the 
installation instructions to be installed for use, and that in such 
cases, testing with the insulation and/or wood provided would produce 
test results that are representative of consumer use.
    (19) DOE requests comment on the availability of concrete floors or 
slabs within test facilities and on whether any test chamber floor 
alternatives, such as

[[Page 63377]]

solid or perforated steel or aluminum floors, would represent portable 
electric spa operation when installed on concrete floors or slabs.
    (20) DOE requests comment on the proposed hierarchy for specifying 
voltage and maximum amperage for portable electric spas that have 
multiple options for voltage and/or amperage. DOE requests comment on 
any cases for which the proposed language would not make clear the 
voltage and/or maximum amperage to be used during testing.
    (21) DOE requests comment on the proposals to exclude from 
incorporation by reference the definitions of ``fill volume'' and 
``rated volume'' in ANSI/APSP/ICC-14 2019, to define a new term for 
``fill volume,'' and to specify new filling instructions in appendix 
GG.
    (22) DOE requests comment on its proposal to specify a tolerance of 
0.125 inches on the defined fill level.
    (23) DOE requests comment on whether any other tolerances on fill 
level, such as 0.0625 inches or 0.25 inches 
would be more appropriate than 0.125 inches.
    (24) DOE requests comment on its proposal to allow represented 
values of fill volume to be within 5 gallons of the mean fill volume 
measured for the sample of the basic model.
    (25) DOE requests comment on its proposed requirements for testing 
a portable electric spa that does not have a cover designated for use 
by the spa manufacturer.
    (26) DOE requests comment on whether manufacturers would ever 
designate a portable electric spa model to be used without a cover, or 
designate a ``no cover'' option. If so, DOE requests comment on how 
such a spa should be tested to determine the highest standby loss 
(e.g., should it be tested with a 6 mil plastic cover, or tested with 
no cover).
    (27) DOE requests comment on the proposal to require that ambient 
air temperature be measured above the center of the portable electric 
spa.
    (28) DOE requests comment on its proposed requirement that water 
temperature settings must not be adjusted between the start of the 
stabilizing period and the end of the test period.
    (29) DOE requests comment on its proposal to state explicitly that 
each individual water temperature measurement taken during the 
stabilization period and test period must meet the applicable water 
temperature requirements.
    (30) DOE requests comment on the proposed standby loss 
calculations, including the method used to calculate normalized 
temperature differences based on the midpoint of the allowable 
temperature ranges. DOE requests comment on its assertion that 
normalizing standby loss to the midpoint of the allowable temperature 
ranges would produce test results that are more representative than 
normalizing standby loss to the minimum expected temperature difference 
between the allowable ranges.
    (31) DOE requests comment on the proposed applicability of the 
definition of ``basic model'' at 10 CFR 430.2 to portable electric 
spas.
    (32) DOE requests comment on the proposed statistical sampling 
procedures and representations requirements for portable electric spas.
    (33) DOE requests comment on the proposal that represented values 
be based on testing with the designated cover that results in the 
highest standby loss; or by testing as specified in section 4.1.5.2 of 
appendix GG to subpart B of part 430 if there is no designated cover.
    (34) DOE requests comment on its estimates of the costs associated 
with performing testing according to the test procedure proposals in 
this NOPR. DOE requests comment on its tentative determination that the 
proposed DOE test procedure, if finalized, would not be unduly 
burdensome for manufacturers to conduct.
    (35) DOE requests comments on the benefits and burdens of the 
proposed updates and additions to industry standards referenced in the 
test procedure for portable electric spas.
    (36) DOE requests comment on the number of small businesses DOE 
identified. DOE also requests comment on the potential cost estimates 
for each small business identified.
    (37) Additionally, DOE welcomes comments on other issues relevant 
to the conduct of this rulemaking that may not specifically be 
identified in this document.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and request for comment.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on October 3, 
2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on October 4, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of Chapter II of Title 10, Code of Federal 
Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
2. Section 429.68 is added to read as follows:


Sec.  429.68  Portable electric spas.

    (a) Determination of represented values. Manufacturers must 
determine the represented values for each basic model of portable 
electric spas by testing in conjunction with the following provisions.
    (1) Spa Covers.
    (i) If a basic model is distributed in commerce with multiple 
covers designated by the spa manufacturer for use with the basic model, 
a manufacturer must determine all represented values for that basic 
model based on the cover that results in the highest standby loss, 
except that the manufacturer may choose to identify

[[Page 63378]]

specific individual combinations of spa and cover as additional basic 
models.
    (ii) If a basic model is distributed in commerce with no cover 
designated by the spa manufacturer for use with the basic model, a 
manufacturer must determine all represented values for that basic model 
by testing as specified in section 4.1.5.2 of appendix GG to subpart B 
of part 430.
    (2) General sampling requirements. The sampling requirements of 
Sec.  429.11 are applicable to portable electric spas; and
    (3) Units to be tested. For each basic model of portable electric 
spas, a sample of sufficient size must be randomly selected and tested 
to ensure that any representation of standby loss or other measure of 
energy consumption of a basic model for which consumers would favor 
lower values shall be greater than or equal to the higher of:
    (i) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TP18OC22.026
    
and X is the sample mean, n is the number of samples, and 
xi is the i\th\ sample;

    Or,
    (ii) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TP18OC22.027

and X is the sample mean, s is the sample standard deviation, n is 
the number of samples, and t0.95 is the t statistic for a 
95 percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A to subpart B of this part).

    (4) Standby loss represented value. The represented value of 
standby loss must be a whole number of watts.
    (5) Fill volume represented value. The represented value of fill 
volume of a basic model must be a whole number of gallons that is 
within 5 gallons of the mean of the fill volumes measured for the units 
in the sample selected as described in paragraph (a)(3) of this 
section.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
4. Section 430.3 is amended by:
0
a. Redesignating paragraphs (v) through (w) as paragraphs (w) through 
(x); and
0
b. Adding a new paragraph (v).
    The addition reads as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (v) PHTA. Pool & Hot Tub Alliance, 2111 Eisenhower Avenue, Suite 
500, Alexandria, VA 22314, www.phta.org.
    (1) ANSI/APSP/ICC-14 2019 (``ANSI/APSP/ICC-14 2019''), American 
National Standard for Portable Electric Spa Energy Efficiency, IBR 
approved for appendix GG to subpart B of this part.
    (2) [Reserved]
* * * * *
0
5. Section 430.23 is amended by adding a new paragraph (hh) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (hh) Portable electric spas.
    (1) Measure the standby loss in watts and the fill volume in 
gallons of a portable electric spa, in accordance with appendix GG to 
this subpart.
    (2) [Reserved].
0
6. Add Appendix GG to subpart B of part 430 to read as follows:

Appendix GG to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Portable Electric Spas

    Note:  Beginning [date 180 days after date of publication of a 
final rule in the Federal Register], all representations of energy 
efficiency and energy use of portable electric spas, including those 
made on marketing materials and product labels, must be made in 
accordance with this test procedure.

    1. Incorporation by reference.
    DOE incorporated by reference in Sec.  430.3, the entire 
standard for ANSI/APSP/ICC-14 2019. However, only enumerated 
provisions of ANSI/APSP/ICC-14 2019, as listed in this section 1 are 
required. To the extent there is a conflict between the terms or 
provisions of a referenced industry standard and the CFR, the CFR 
provisions control. Non-enumerated provisions of ANSI/APSP/ICC-14 
2019 are specifically excluded.
    1.1 ANSI/APSP/ICC-14 2019:
    (a) Section 3--Definitions (excluding the definitions for cover, 
specified; fill volume; rated volume; and standby mode), as 
specified in section 3 of this appendix;
    (b) Section 5--Test Method (excluding Sections 5.1, 5.2, 5.5.2, 
5.5.4, 5.5.5, and 5.7), as specified in section 4 of this appendix;
    (c) Appendix A--Minimum Chamber Requirements (excluding section 
titled Chamber floor), as specified in section 4.1.1 of this 
appendix.
    1.2 Reserved.

2. Scope

    This appendix provides the test procedure for measuring the 
standby loss in watts and the fill volume in gallons of portable 
electric spas.

3. Definitions

    3.1. Section 3, Definitions, of ANSI/APSP/ICC-14 2019 applies to 
this test procedure. In case of conflicting terms between ANSI/APSP/
ICC-14 2019 and DOE's definitions in this appendix or in Sec.  
430.2, DOE's definitions take priority.
    3.2. Combination spa means a portable electric spa with two 
separate and distinct reservoirs, where--
    (a) One reservoir is an exercise spa;
    (b) The second reservoir is a standard spa; and
    (c) Each reservoir has an independent water temperature setting 
control.
    3.3. Exercise spa means a variant of a portable electric spa in 
which the design and construction includes specific features and 
equipment to produce a water flow intended to allow recreational 
physical activity including, but not limited to, swimming in place. 
An exercise spa is also known as a swim spa.
    3.4. Exercise spa portion means the reservoir of a combination 
spa that is an exercise spa.
    3.5. Fill volume means the volume of water held by the portable 
electric spa when it is filled as specified in section 4.1.4 of this 
appendix.
    3.6. Inflatable spa means a portable electric spa where the 
structure is collapsible and is designed to be filled with air to 
form the body of the spa.
    3.7. Standard spa means a portable electric spa that is not an 
inflatable spa, an exercise spa, or the exercise spa portion of a 
combination spa.
    3.8. Standard spa portion means the reservoir of a combination 
spa that is a standard spa.
    3.9. Standby loss means the mean normalized power required to 
operate the portable electric spa in default operation mode with the 
cover on, as calculated in section 4.3 of this appendix.

4. Test Method

    Determine the standby loss in watts and fill volume in gallons 
for portable electric spas in accordance with Section 5, Test 
Method, of ANSI/APSP/ICC-14 2019, except as follows.

4.1. Test Setup

4.1.1. Chamber

    Install the portable electric spa in a chamber satisfying the 
requirements specified for Chamber internal dimensions, Air flow, 
and Chamber insulation in appendix A, Minimum Chamber Requirements, 
to ANSI/APSP/ICC-14 2019.

4.1.2. Chamber Floor

    Install the portable electric spa directly on a level concrete 
floor or slab.
    If insulation and/or plywood is shipped with the spa, and the 
manufacturer's instructions specify that insulation and/or plywood 
be installed under the spa for normal use, install the minimum 
amount of insulation and/or plywood between the floor and the spa 
that is specified by the manufacturer's installation instructions.

[[Page 63379]]

Otherwise, install no insulation or plywood between the floor and 
the spa.

4.1.3. Electrical Supply Voltage and Amperage Configuration

    If the portable electric spa can be installed or configured with 
multiple options of voltage, maximum amperage, or both, use the 
option specified in the following paragraphs.
    (a) Use the as-shipped configuration, if such a configuration is 
provided.
    (b) If no configuration is provided in the as-shipped condition, 
use the option specified in the manufacturer's instructions as the 
recommended configuration for normal consumer use.
    (c) If no configuration is provided in the as-shipped condition 
and the manufacturer's instructions do not provide a recommended 
configuration for normal consumer use, use the maximum voltage 
specified in the manufacturer's installation instructions and 
maximum amperage that the manufacturer's installation instructions 
specify for use with the maximum voltage.

4.1.4. Fill Volume

    Follow the manufacturer's instructions for filling the portable 
electric spa with water, connecting and/or priming the pump(s), and 
starting up the spa. After verifying that the spa is operating 
normally and that all water lines are filled, power off the spa and 
adjust the fill level as needed to meet the following specifications 
before starting the test.
    If the manufacturer's instructions specify a single fill level, 
fill to that level with a tolerance of 0.125 inches.
    If the manufacturer's instructions specify a range of fill 
levels and not a single fill level, fill to the middle of that range 
with a tolerance of 0.125 inches.
    If the manufacturer's instructions do not specify a fill level 
or range of fill levels, fill to the halfway point between the 
bottom of the skimmer opening and the top of the skimmer opening 
with a tolerance of 0.125 inches.
    If the manufacturer's instructions do not specify a fill level 
or range of fill levels, and there is no wall skimmer, fill to 6.0 
inches 0.125 inches below the overflow level of the spa.
    Measure the volume of water added to the spa with a water meter 
while filling the spa. Measure any water removed from the spa using 
a water meter, graduated container, or scale, each with an accuracy 
of 2 percent of the quantity measured. The fill volume 
is the volume of water held by the spa when the spa is filled as 
specified above.

4.1.5. Spa Cover

4.1.5.1. Cover Is Designated by the Spa Manufacturer

    Install the spa cover following the manufacturer's instructions.

4.1.5.2. No Cover Is Designated by the Spa Manufacturer

    If no cover is designated by the spa manufacturer for use with 
the spa, cover the portable electric spa with a single layer of 6 
mil thickness (0.006 inches; 0.15 mm) plastic film. Cut the plastic 
to cover the entire top surface of the spa and extend over the edge 
of the spa approximately 6 inches below the top surface of the spa. 
Use fasteners or weights to keep the plastic in place during the 
test, but do not seal the edges of the plastic to the spa (by using 
tape, for example).

4.1.6. Ambient Temperature Measurement Location

    The ambient air temperature measurement point specified in 
Section 5.6.3 of ANSI/APSP/ICC-14 2019 must be located above the 
center of the spa.

4.2. Test Conditions and Conduct

4.2.1. Ambient Air Temperature

    Maintain the ambient air temperature at 56.0  3.0 
[deg]F for the duration of the test. This requirement applies to 
each individual ambient air temperature measurement taken for the 
duration of the stabilization period and test period.

4.2.2. Water Temperature Settings

    Adjust the spa water temperature settings to meet the applicable 
temperature requirements in Section 5.6.1 of ANSI/APSP/ICC-14 2019. 
The spa water temperature settings must not be adjusted between the 
start of the stabilizing period specified in Section 5.6.1 of ANSI/
APSP/ICC-14 2019 and the end of the test period specified in Section 
5.6.4.7 of ANSI/APSP/ICC-14 2019.

4.2.3. Water Temperature Requirements

    Each individual water temperature measurement taken during the 
stabilization period and test period must meet the applicable water 
temperature requirements specified in Section 5.6.1 of ANSI/APSP/
ICC-14 2019.

4.3. Standby Loss Calculation

    Calculate standby loss in watts by calculating the measured 
standby loss using Equation 1 of this appendix, calculating the 
measured temperature difference using Equation 2 of this appendix, 
and normalizing the standby loss using Equation 3 of this appendix. 
Use the standby loss calculated in Equation 3 as the standby loss 
value for the test.
[GRAPHIC] [TIFF OMITTED] TP18OC22.028

[GRAPHIC] [TIFF OMITTED] TP18OC22.029

[GRAPHIC] [TIFF OMITTED] TP18OC22.030

Where:

SLmeas = Measured standby loss (watts)
E = Total energy use during the test (watt-hours)
t = Length of test (hours)
[Delta]Tmeas = Measured temperature difference ([deg]F)
Twater avg = Average water temperature during test 
([deg]F)
Tair avg = Average air temperature during test ([deg]F)
SL = Standby loss (W)
[Delta]Tstd = Normalized temperature difference ([deg]F), 
as follows:


[[Page 63380]]


    46.0 [deg]F for all inflatable spas, standard spas, standard spa 
portions of a combination spa, exercise spas, and exercise spa portions 
of a combination spa tested to a minimum water temperature of 100 
[deg]F; or
    31.0 [deg]F for all exercise spas or exercise spa portions of a 
combination spa tested to a minimum water temperature of 85 [deg]F.

[FR Doc. 2022-21914 Filed 10-17-22; 8:45 am]
BILLING CODE 6450-01-P