[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