Proposed Rule2022-03190
Energy Conservation Program: Proposed Determination of Portable Electric Spas as a Covered Consumer Product
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 16, 2022
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy ("DOE") has tentatively determined that portable electric spas qualify as a covered product under Part A of Title III of the Energy Policy and Conservation Act, as amended ("EPCA"). DOE has tentatively determined that coverage of portable electric spas is necessary and 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 per year.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 32 (Wednesday, February 16, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Proposed Rules]
[Pages 8745-8752]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03190]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 /
Proposed Rules
[[Page 8745]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2022-BT-DET-0006]
RIN 1904-AF31
Energy Conservation Program: Proposed Determination of Portable
Electric Spas as a Covered Consumer Product
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of proposed determination and request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') has tentatively
determined that portable electric spas qualify as a covered product
under Part A of Title III of the Energy Policy and Conservation Act, as
amended (``EPCA''). DOE has tentatively determined that coverage of
portable electric spas is necessary and 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 per year.
DATES: Written comments, data, and information are requested and will
be accepted on or before April 18, 2022.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2022-BT-DET-0006,
by any of the following methods:
1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the
instructions for submitting comments.
2. Email: To <a href="/cdn-cgi/l/email-protection#d484bba6a0b5b6b8b191b8b1b787a4b5a7e6e4e6e6909180e4e4e4e294b1b1fab0bbb1fab3bba2"><span class="__cf_email__" data-cfemail="9dcdf2efe9fcfff1f8d8f1f8feceedfceeafadafafd9d8c9adadadabddf8f8b3f9f2f8b3faf2eb">[email protected]</span></a>. Include docket
number EERE-2022-BT-DET-0006 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section VI of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, DOE has found it necessary to make temporary
modifications to the comment submission process in light of the ongoing
COVID-19 pandemic. DOE is currently suspending receipt of public
comments via postal mail and hand delivery/courier. If a commenter
finds that this change poses an undue hardship, please contact
Appliance Standards Program staff at (202) 586-1445 to discuss the need
for alternative arrangements. Once the COVID-19 pandemic health
emergency is resolved, DOE anticipates resuming all of its regular
options for public comment submission, including postal mail and hand
delivery/courier.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov/docket/EERE-2022-BT-DET-0006">www.regulations.gov/docket/EERE-2022-BT-DET-0006</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section VI, ``Public Participation,'' for further information on how to
submit comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-9870. Email:
<a href="/cdn-cgi/l/email-protection#5e1f2e2e32373f303d3b0d2a3f303a3f2c3a2d0f2b3b2d2a3731302d1e3b3b703a313b70393128"><span class="__cf_email__" data-cfemail="6c2d1c1c00050d020f093f180d02080d1e081f3d19091f180503021f2c090942080309420b031a">[email protected]</span></a>.
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:
<a href="/cdn-cgi/l/email-protection#bfd4cdd6cccbd6d191d4d0dacdd1d6d8ffd7ce91dbd0da91d8d0c9"><span class="__cf_email__" data-cfemail="48233a213b3c21266623272d3a26212f082039662c272d662f273e">[email protected]</span></a>.
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#531223233f3a323d30360027323d373221372002263620273a3c3d201336367d373c367d343c25"><span class="__cf_email__" data-cfemail="95d4e5e5f9fcf4fbf6f0c6e1f4fbf1f4e7f1e6c4e0f0e6e1fcfafbe6d5f0f0bbf1faf0bbf2fae3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Scope of Coverage
IV. Evaluation of Portable Electric Spas as a Covered Product
Subject to Energy Conservation Standards
A. Coverage Necessary or Appropriate To Carry Out the Purposes
of EPCA
B. Average Household Energy Use
C. Preliminary Determination
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
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 of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Information Quality
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
VII. Approval of the Office of the Secretary
I. Statutory Authority
EPCA \1\ 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 consumer products, referred to generally as
``covered products.'' \3\ In addition to specifying a list of consumer
products that are covered products, EPCA contains provisions that
enable the
[[Page 8746]]
Secretary of Energy to classify additional types of consumer products
as covered products. For a given consumer product to be classified as a
covered product, the Secretary must determine that:
---------------------------------------------------------------------------
\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).
\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).
(1) Classifying the product as a covered product is necessary or
appropriate to carry out the purposes of EPCA; and
(2) The average annual per-householdenergy use by products of
such type is likely to exceed 100 kilowatt-hours (``kWh'') (or its
British thermal unit (``Btu'') equivalent) per year. (42 U.S.C.
6292(b)(1)) \4\
---------------------------------------------------------------------------
\4\ DOE has defined ``household'' to mean an entity consisting
of either an individual, a family, or a group of unrelated
individuals, who reside in a particular housing unit. For the
purpose of this definition:
(1) Group quarters means living quarters that are occupied by an
institutional group of 10 or more unrelated persons, such as a
nursing home, military barracks, halfway house, college dormitory,
fraternity or sorority house, convent, shelter, jail or correctional
institution.
(2) Housing unit means a house, an apartment, a group of rooms,
or a single room occupied as separate living quarters, but does not
include group quarters.
(3) Separate living quarters means living quarters:
(i) To which the occupants have access either:
(A) Directly from outside of the building, or
(B) Through a common hall that is accessible to other living
quarters and that does not go through someone else's living
quarters, and
(ii) Occupied by one or more persons who live and eat separately
from occupant(s) of other living quarters, if any, in the same
building. 10 CFR 430.2.
When attempting to add additional consumer product types to the
``covered products'' classification, DOE must first determine whether
these criteria from 42 U.S.C. 6292(b)(1) are met. Once such a
determination is made, the Secretary may prescribe test procedures to
measure the energy efficiency or energy use of such product. (42 U.S.C.
6293(b)(1)(B)) Furthermore, once a product is determined to be a
covered product, the Secretary may set standards for such product,
subject to the provisions in 42 U.S.C. 6295(o) and (p), provided that
DOE determines that the four additional criteria at 42 U.S.C. 6295(l)
have been met. Specifically, 42 U.S.C. 6295(l) requires the Secretary
---------------------------------------------------------------------------
to determine that:
(1) The average household energy use of the products has
exceeded 150 kWh per household for a 12-month period;
(2) The aggregate 12-month energy use of the products has
exceeded 4200 gigawatt-hours;
(3) Substantial improvement in the energy efficiency of products
of such type is technologically feasible; and
(4) Application of a labeling rule under 42 U.S.C. 6294 is
unlikely to be sufficient to induce manufacturers to produce, and
consumers and other persons to purchase, covered products of such
type (or class) that achieve the maximum energy efficiency that is
technologically feasible and economically justified. (42 U.S.C.
6295(l)(1))
II. Current Rulemaking Process
DOE has not previously conducted a rulemaking for portable electric
spas. In a presentation provided to DOE on December 6, 2021, the Pool
and Hot Tub Alliance (``PHTA'') asserted that portable electric spas
meet the EPCA thresholds of significance required for the Secretary to
classify a consumer product as a covered product under 42 U.S.C.
6295(l) and 42 U.S.C. 6292(b)(1).\5\ DOE independently examined the
PHTA's assertion that portable electric spas meet EPCA's significance
thresholds in section IV.B of this document and tentatively finds the
PHTA's claims to be credible. Therefore, DOE has decided to proceed
with this proposed determination. If, after public comment, DOE issues
a final determination of coverage for this product, DOE may prescribe
both test procedures and energy conservation standards for this
product. DOE will publish a final decision on coverage as a separate
notice, which is an action that will be completed prior to the
initiation of any test procedure or energy conservation standards
rulemaking. See 10 CFR part 430 subpart C appendix A section 5(c). If
DOE determines that coverage is warranted, DOE will proceed with its
typical rulemaking process for both test procedures and standards. Id.
DOE is not proposing test procedures or energy conservation standards
as part of this proposed determination. If DOE proceeds with a
rulemaking to establish energy conservation standards, DOE would
determine if portable electric spas satisfy the provisions of 42 U.S.C.
6295(l)(1) during the course of that rulemaking.
---------------------------------------------------------------------------
\5\ Portable Electric Spas, information provided to DOE from
PHTA, California Investor-Owned Utilities and Appliance Standards
Awareness Project, <a href="http://www.regulations.gov/docket/EERE-2022-BT-DET-0006">www.regulations.gov/docket/EERE-2022-BT-DET-0006</a>-
0001.
---------------------------------------------------------------------------
III. Scope of Coverage
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. Portable electric spas are
not covered products currently. A wide range of portable electric spa
products are available on the market, including standard spas, exercise
spas, combination spas, and inflatable spas.
To help inform its proposed scope of coverage, DOE reviewed
existing classifications of portable electric spas developed by the
PHTA--the industry trade group for portable electric spas--and used in
California Energy Commission (``CEC'') regulations.\6\ The following
paragraphs discuss DOE's examination of these sources and present the
proposed definition that would provide the basis for coverage of
portable electric spas under EPCA.
---------------------------------------------------------------------------
\6\ See section 1602(g)(2) of Article 4 of Division 2 of Title
20 of the California Code of Regulations (``CCR'').
---------------------------------------------------------------------------
PHTA publishes a standard method of test, certified by American
National Standards Institute (``ANSI''), for measuring the performance
of portable electric spas, titled ANSI/Association of Pool and Spa
Professionals (``APSP'')/International Code Council (``ICC'') 14 2019,
American National Standard for Portable Electric Spa Energy Efficiency
(``ANSI/APSP/ICC-14 2019'').\7\ PHTA describes this standard as
providing 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. 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.'' ANSI/APSP/ICC-14 2019 also defines ``Spa''
as ``a product intended for the immersion of persons in temperature-
controlled water circulated in a closed system, and not intended to be
drained and filled with each use. A spa usually includes a filter, a
heater (electric, solar, or gas), a pump or pumps, and a control, and
may also include other equipment, such as lights, blowers, and water
sanitizing equipment.'' The term ``hot tub'' is defined in ANSI/APSP/
ICC-14 2019 as a synonym of ``spa.''
---------------------------------------------------------------------------
\7\ ANSI/APSP/ICC-14 2019 is available at: <a href="https://webstore.ansi.org/standards/apsp/ansiapspicc142019">https://webstore.ansi.org/standards/apsp/ansiapspicc142019</a>.
---------------------------------------------------------------------------
In addition, 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.
[[Page 8747]]
(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 is designed to be filled with air to form the body of
the spa.
The CEC defines portable electric spa and most of the spa
categories consistently with ANSI/APSP/ICC-14 2019,\8\ though CEC does
not define ``spa''. For the purpose of this analysis, DOE evaluated
portable electric spas 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, as defined by
ANSI/APSP/ICC-14 2019 and the CEC. DOE proposes to adopt this
definition to inform stakeholders while DOE continues its analysis. DOE
notes that this proposed definition would exclude units that are site-
assembled, such as portable electric spas that are permanently
installed in the ground or attached to a pool, and spas sold with
methods of water heating other than electricity, such as propane or
natural gas spa heaters or wood-fired hot tubs.
---------------------------------------------------------------------------
\8\ See section 1602(g)(2) of Article 4 of Division 2 of Title
20 of the CCR. There is some variation in the definition of exercise
spa as compared to ANSI/APSP/ICC-14 2019.
---------------------------------------------------------------------------
As stated previously in this document, EPCA authorizes DOE to
classify a type of consumer product as a covered product upon making
certain determinations. EPCA defines a ``consumer product'' as any
article (other than an automobile) of a type--(A) which in operation
consumes, or is designed to consume, energy; and (B) which, to any
significant extent, is distributed in commerce for personal use or
consumption by individuals; without regard to whether such article of
such type is in fact distributed in commerce for personal use or
consumption by an individual. (42 U.S.C. 6291(1)) As such, when
considering the potential scope of coverage, DOE does not consider
whether an individual product is distributed in commerce for
residential or commercial use, but whether it is of a type of product
distributed in commerce for residential use.
DOE seeks feedback from interested parties on its proposed
definition and scope of coverage of portable electric spas.
IV. Evaluation of Portable Electric Spas as a Covered Product Subject
to Energy Conservation Standards
The following sections describe DOE's preliminary evaluation of
whether portable electric spas fulfill the criteria for being added as
a covered product pursuant to 42 U.S.C. 6292(b)(1). As stated
previously, DOE may classify a consumer product as a covered product
if:
(1) Classifying products of such type as covered products is
necessary or appropriate to carry out the purposes of EPCA; and
(2) The average annual per-household energy use by products of
such type is likely to exceed 100 kWh (or its Btu equivalent) per
year. 42 U.S.C. 6292(b)(1)
A. Coverage Necessary or Appropriate To Carry Out the Purposes of EPCA
After evaluating the estimated shipments of portable electric spas
and the potential availability of technologies that can be employed to
improve the efficiency of portable electric spas, DOE has preliminarily
determined that coverage of portable electric spas is necessary and
appropriate to carry out the purposes of EPCA, which include:
(1) To conserve energy supplies through energy conservation
programs, and, where necessary, the regulation of certain energy
uses; and
(2) To provide for improved energy efficiency of motor vehicles,
major appliances, and certain other consumer products. (42 U.S.C.
6291(4)-(5))
Although portable electric spas are not currently subject to energy
conservation standards under EPCA, as discussed, several states have
adopted standards, starting with California in 2004 and including
Arizona, Colorado, Connecticut, Maine, Massachusetts, Nevada, Oregon,
Rhode Island, Vermont, and Washington.\9\ According to the DOE Energy
Information Administration's Residential Energy Consumption Survey
(``RECS''), there were 8.4 million spas in the U.S. in 2015.\10\ DOE
also obtained data from PKData, and, based on that data, DOE estimates
that in, 2019, the existing stock of residential hot tubs (as separate
from the stock of spas in residential pools) was approximately 5.5
million, with approximately 95% of these being electric spas.\11\ Based
on these same data, DOE also estimates that approximately 230,000
electric spas were shipped in 2019. Id.
---------------------------------------------------------------------------
\9\ <a href="https://appliance-standards.org/product/portable-electric-spas">https://appliance-standards.org/product/portable-electric-spas</a>.
\10\ <a href="https://www.eia.gov/consumption/residential/data/2015/">https://www.eia.gov/consumption/residential/data/2015/</a>. DOE
would note that this number likely includes spas that do not meet
the proposed definition of portable electric spa.
\11\ P.K. Data Inc. 2020 Pool Heaters Market Data: Custom
Compilation for Lawrence Berkeley National Laboratory. 2020.
Alpharetta, GA. (Last accessed July 1, 2021.) <a href="https://www.pkdata.com/reports-store.html#/">https://www.pkdata.com/reports-store.html#/</a>.
---------------------------------------------------------------------------
DOE requests data and information regarding the current annual
shipments of portable electric spas and the installed base of portable
electric spas, specifying the scope of products included in any such
estimates (e.g., standard, exercise, combination, inflatable, etc.).
In 2018, the CEC published a final staff report analyzing
efficiency standards and marking for spas.\12\ That report examined
potentially available technologies that can be employed to improve the
efficiency of portable electric spas. The report included several
options but stated that improved insulation (in terms of improved
insulation coverage, type and quantity) within the tub walls and of the
tub cover offer the greatest opportunity for improved efficiency. The
report also mentioned further attainable efficiency improvements
through, but not limited to, improved spa cover design, and improved
pump and motor system design within the spa itself. The findings of
this report indicate that technologies exist, and are already available
in the market, to reduce the energy consumption of portable electric
spas.
---------------------------------------------------------------------------
\12\ 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 <a href="https://efiling.energy.ca.gov/GetDocument.aspx?tn=222413&DocumentContentId=31256">https://efiling.energy.ca.gov/GetDocument.aspx?tn=222413&DocumentContentId=31256</a>.
---------------------------------------------------------------------------
DOE requests comment on the availability of technologies for
improving energy efficiency of portable electric spas. Specifically,
DOE requests comment on the available technologies for improving energy
efficiency as they apply to the different types of portable electric
spas under consideration.
B. Average Household Energy Use
Additionally, DOE analyzed whether portable electric spas would
meet the average annual per-household energy use criteria in 42 U.S.C.
6292(b)(1)(B). For this determination, DOE estimated the average
household energy use threshold for portable electric spas, in
households that use the product, using power consumption data reported
in the CEC database (``MAEDbS'').\13\ The ratings of certified portable
electric spas contained in MAEDbS demonstrate significant variation in
the total power consumption among different models of standard,
combination, and exercise spas that are currently available.
[[Page 8748]]
MAEDbS is the only publicly available source that provides energy
consumption data for portable electric spas of which DOE is aware. For
each model, MAEDbS lists the standby power in watts (``W''), along with
other relevant capacity and performance metrics. MAEDbS certification
requires that standby power is measured according to ANSI/APSP/ICC-14
2019, the required California test procedure as specified in the CCR at
20 CCR 1604(g)(2). For portable electric spas measured according to the
test procedure, standby mode is the predominant mode of spa operation
and includes power use to maintain the set temperature and to circulate
and filter the water. Power use in standby mode may also include some
ancillary power use, e.g., to power a controller. CEC estimated that
standby mode represents 75 percent of the energy consumed by a portable
electric spa, with the remainder being startup mode (when the spa is
heating up to its operating temperature) and active mode (when the
spa's water jets are operating).\14\
---------------------------------------------------------------------------
\13\ CEC Modernized Appliance Efficiency Database System.
Accessed December 17, 2021. Available online at <a href="https://cacertappliances.energy.ca.gov">https://cacertappliances.energy.ca.gov</a>.
\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 <a href="https://efiling.energy.ca.gov/GetDocument.aspx?tn=222413&DocumentContentId=31256">https://efiling.energy.ca.gov/GetDocument.aspx?tn=222413&DocumentContentId=31256</a>.
---------------------------------------------------------------------------
CEC has set standards specifying maximum allowable standby power
consumption as a function of spa volume separately for: (1) Standard
spas and exercise spas capable of maintaining 100 degrees F during the
test; (2) exercise spas; and (3) inflatable spas.\15\ Table IV.1 shows
the reported range of power consumption by volume for the different spa
categories specified in the database for models. DOE further divided
the metrics in Table IV.1 by the volume bins defined by the CEC in its
report.\16\
---------------------------------------------------------------------------
\15\ See section 1605.3(g)(7)(A) of Article 4 of Division 2 of
Title 20 of the CCR.
\16\ Final Staff Report, Analysis of Efficiency Standards and
Marking for Spas, 2018 Appliance Efficiency Rulemaking for Spas
Docket Number 18-AAER-02 TN 222413 at p. 35, Available online at
<a href="https://efiling.energy.ca.gov/GetDocument.aspx?tn=222413&DocumentContentId=31256">https://efiling.energy.ca.gov/GetDocument.aspx?tn=222413&DocumentContentId=31256</a>.
Table IV.1--Reported Power Consumption by Spa Category and Volume
----------------------------------------------------------------------------------------------------------------
Standby power (W)
CEC index Volume range Model count -----------------------------------------------
(gallons) Minimum Average Maximum
----------------------------------------------------------------------------------------------------------------
Standard Spas
----------------------------------------------------------------------------------------------------------------
1A............................ 100 < 180 38 82 130 169
1B............................ 181 < 300 289 40 156 215
2............................. 301 < 600 568 75 204 295
3............................. 601 < 900 7 208 277 350
5............................. 1,201 < 1,500 3 275 375 458
7............................. 1,801 < 2,100 6 559 588 602
8............................. 2,101 < 2,400 3 401 508 561
9............................. >2,401 14 414 424 555
----------------------------------------------------------------------------------------------------------------
Inflatable Spas
----------------------------------------------------------------------------------------------------------------
1A............................ 100 < 180 8 221 237 239
1B............................ 1,181 < 300 7 232 233 233
----------------------------------------------------------------------------------------------------------------
Exercise Spas
----------------------------------------------------------------------------------------------------------------
3............................. 601 < 900 2 212 212 212
4............................. 901 < 1,200 14 163 278 445
5............................. 1,201 < 1,500 26 265 391 491
6............................. 1,501 < 1,800 47 263 424 551
7............................. 1,801 < 2,100 24 217 452 555
8............................. 2,101 < 2,400 14 413 525 657
9............................. >2,401 6 437 462 474
----------------------------------------------------------------------------------------------------------------
Combination Spas (Standard Spa Portion)
----------------------------------------------------------------------------------------------------------------
1B............................ 181 < 300 7 160 180 207
2............................. 301 < 600 25 145 201 243
----------------------------------------------------------------------------------------------------------------
Combination Spas (Exercise Spa Portion)
----------------------------------------------------------------------------------------------------------------
6............................. 1,501 < 1,800 22 162 373 563
7............................. 1,801 < 2,100 10 234 382 467
----------------------------------------------------------------------------------------------------------------
During the process of updating the standards for California in
2018, CEC reported a duty cycle of 5,040 hours per year for inflatable
spas (which are intended for seasonal use) and 8,760 hours per year for
standard, exercise, and combination spas.\17\ And according to RECS,
spas that are in use are used on average 7.4 months per year.\18\
However, DOE notes that the spas may be kept full and in standby mode
the entire year regardless of active use of the spa.
---------------------------------------------------------------------------
\17\ Ibid.
\18\ U.S. Energy Information Administration, Residential Energy
Consumption Survey (RECS), 2015, <a href="https://www.eia.gov/consumption/residential/data/2015/">https://www.eia.gov/consumption/residential/data/2015/</a>.
---------------------------------------------------------------------------
Using average power consumption for a standard spa of 194 W (the
lowest average of the categories in MAEDbS) and 8,760 hours per year of
use, DOE estimates an average standby energy consumption of 1,699 kWh
per year for portable electric spas. DOE notes that
[[Page 8749]]
use of the minimum standby power found in MAEDbS (40 W) and the
estimated 5,040 hours per year of use for inflatable spas (and similar
to 7.4 months of use found in RECS) exceeds 200 kWh per year energy
use. In addition, the rest of the country may have shipments of
portable electric spas that exceed California's and other states'
maximum power consumption standards.\19\
---------------------------------------------------------------------------
\19\ See PHTA information provided to DOE for a list of states
with minimum efficiency requirements, <a href="http://www.regulations.gov/docket/EERE-2022-BT-DET-0006">www.regulations.gov/docket/EERE-2022-BT-DET-0006</a>.
---------------------------------------------------------------------------
In a presentation provided to DOE in December 2021,\20\ PHTA also
provided an estimate of household energy use based on RECS. PHTA
estimated that portable electric spas consume 5.755 billion kWh/year in
the U.S. and there are 3.673 million households in the U.S. that
operate portable electric spas regularly. This estimate results in
average energy consumption of 1,567 kWh per year per household, which
is similar to DOE's estimate of 1,699 kWh per year.
---------------------------------------------------------------------------
\20\ PHTA information provided to DOE for a list of states with
minimum efficiency requirements, <a href="http://www.regulations.gov/docket/EERE-2022-BT-DET-0006">www.regulations.gov/docket/EERE-2022-BT-DET-0006</a>.
---------------------------------------------------------------------------
For these reasons, although there may be variation in distribution
due to climate or spa size that might impact national average power
consumption as compared to the estimate of 194 W (either higher or
lower), DOE has tentatively determined that the average annual per-
household energy use for portable electric spas is very likely to
exceed 100 kWh per year, satisfying the provisions of 42 U.S.C.
6292(b)(1).
DOE requests comment on the national representativeness of the spa
volume bins shown in Table IV.1 of this document. DOE requests comment
or information on whether these volume bins are applicable to all types
of spas.
DOE requests data and information on the range of standby power
consumption of spas in non-regulated markets.
DOE requests data and information regarding standby power
consumption at the different volumes for all types of portable electric
spas.
DOE request data and information regarding active power consumption
at the different volumes for all types of portable electric spas.
C. Preliminary Determination
Based on the foregoing, DOE has tentatively determined that:
Classifying portable electric spas, as proposed to be defined in this
document, is necessary and appropriate to carry out the purposes of
EPCA; and the average annual per-household energy use by portable
electric spas is likely to exceed 100 kWh per year. As such, DOE has
preliminarily determined to classify portable electric spas as a
covered product under Part A of Title III of EPCA, as amended.
DOE requests comment on whether classifying portable electric spas
as a covered product is necessary and appropriate to carry out the
purposes of EPCA.
DOE also requests comment on its preliminary determination that the
average annual per-household energy use by portable electric spas is
likely to exceed 100 kWh per year.
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This proposed determination has been determined to be not
significant for purposes of Executive Order (``E.O.'') 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). As a
result, the Office of Management and Budget (``OMB'') did not review
this proposed determination.
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 proposed rule, if promulgated, will not
have a significant economic impact on a substantial number of small
entities. As required by E.O. 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking'' 67 FR 53461 (Aug. 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impact 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 (<a href="http://www.energy.gov/gc/office-assistant-general-counsel-legislation-regulation-and-energy-efficiency">www.energy.gov/gc/office-assistant-general-counsel-legislation-regulation-and-energy-efficiency</a>).
This proposed determination would not establish test procedures or
energy conservation standards for portable electric spas. If adopted,
the proposed determination would only positively determine that future
standards may be warranted and should be explored in an energy
conservation standards and test procedure rulemaking. Economic impacts
on small entities would be considered in the context of such
rulemakings. Therefore, DOE initially concludes that the impacts of the
proposed determination would not have a ``significant economic impact
on a substantial number of small entities,'' and that the preparation
of an IRFA is not warranted. DOE will transmit the certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
Manufacturers of covered products must certify to DOE that their
products comply with any 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. (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.
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. As noted previously, this
proposed determination, if made final, would not establish any testing
requirements or energy conservation standards for portable electric
spas that would be subject to the PRA.
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed determination in accordance with the
National Environmental Policy Act (``NEPA'') and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE's regulations include
a categorical exclusion for rulemakings that are strictly procedural.
10 CFR part 1021, subpart D, appendix A6. DOE anticipates that this
rulemaking qualifies for categorical exclusion A6
[[Page 8750]]
because it is a strictly procedural rulemaking and otherwise meets the
requirements for application of a categorical exclusion. See 10 CFR
1021.410. DOE will complete its NEPA review before issuing the final
determination.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on federal 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 that it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed determination
and had tentatively determined that it would not have a substantial
direct effect on the States, on the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government. DOE notes,
however, that if the agency determines that the products at issue in
today's proposed determination are covered and energy conservation
standards are subsequently promulgated for these products, any existing
State standards would be preempted by EPCA. EPCA governs and prescribes
Federal preemption of State regulations as to energy conservation for
the products that are the subject of this proposed determination.
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)
Therefore, no further action is required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' 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. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) Clearly specifies the preemptive effect, if any, to be given to the
law (2) clearly specifies any effect on existing Federal law or
regulation, (3) provides a clear legal standard for affected conduct,
(4) specifies the retroactive effect, if any, to be given to the law,
(5) defines key terms, either explicitly or by reference to other
statues that explicitly define those terms, and (6) addresses other
important issues affecting clarity and general draftsmanship of
legislation under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 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 those standards. DOE completed the required review and
determined that, to the extent permitted by law, this proposed
determination meets the relevant standards of E.O. 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, 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 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 requirement that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
DOE examined this proposed determination according to UMRA and its
statement of policy and determined that the proposed determination does
not contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, the analytical requirements of UMRA do not apply.
H. Review Under the Treasury and General Government Appropriations Act
of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 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 determination 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
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (Mar. 15,
1988), DOE has determined that this proposed determination would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act
of 2001
Section 515 of the Treasury and General Government Appropriation
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality 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 <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this proposed determination under the OMB and DOE guidelines
and has concluded that it is consistent with applicable policies in
those guidelines.
[[Page 8751]]
K. Review Under Executive Order 13211
E.O. 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 the Office of
Information and Regulatory Affairs (``OIRA'') at 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 promulgates or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under E.O. 12866,
or any successor Executive 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.
This proposed determination to classify portable electric spas as
covered products 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 such by the Administrator of OIRA. Accordingly, DOE has
not prepared a Statement of Energy Effects.
L. Information Quality
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (``OSTP''), issued its Final Information
Quality Bulletin for Peer Review (``the Bulletin''). 70 FR 2664 (Jan.
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. DOE has determined that the
analyses conducted for this proposed determination do not constitute
``influential scientific information,'' which the Bulletin defines as
``scientific information the agency reasonably can determine will have
or does have a clear and substantial impact on important public
policies or private sector decisions.'' 70 FR 2667 (Jan. 14, 2005). The
analyses were subject to pre-dissemination review prior to issuance of
this proposed determination.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notification of proposed determination no later than the date provided
at the DATES section at the beginning of this document. 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.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 names, 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 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 information to <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Anyone submitting
comments 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. 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. With this instruction followed, 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. Facsimile submissions will not
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, or text (ASCII) file format. Provide documents that are not
secured, that are 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 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
[[Page 8752]]
information deemed to be exempt from public disclosure).
B. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed
determination. DOE is particularly interested in receiving comments and
views of interested parties concerning the following issues:
<bullet> Proposed definition and scope of coverage of portable
electric spas;
<bullet> Data and information regarding current annual shipments of
portable electric spas and the installed base of portable electric
spas, specifying the scope of products included in any such estimates
(e.g., standard, exercise, combination, inflatable, etc.);
<bullet> Availability or lack of availability of technologies for
improving energy efficiency of portable electric spas;
<bullet> Data and information regarding annual energy use estimates
for portable electric spas;
<bullet> Whether classifying portable electric spas as a covered
product is necessary or appropriate to carry out the purposes of EPCA;
and
<bullet> Whether the average annual per-household energy use by
portable electric spas is likely to exceed 100 kWh per year.
DOE is interested in receiving views concerning other relevant
issues that participants believe would affect its ability to establish
test procedures and energy conservation standards for portable electric
spas.
After the expiration of the period for submitting written
statements, DOE will consider all comments and additional information
that is obtained from interested parties or through further analyses,
and it will prepare a final determination.
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
notification of proposed determination.
Signing Authority
This document of the Department of Energy was signed on February 9,
2022, by Kelly J. Speakes-Backman, Principal Deputy 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 February 10, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-03190 Filed 2-15-22; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 16, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.