Energy Conservation Program: Test Procedure for Portable Electric Spas, 63356-63380 [2022-21914]
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Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Proposed Rules
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
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
and request for comment.
AGENCY:
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:
PortableElecSpas2022TP0024@
ee.doe.gov. 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.
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SUMMARY:
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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/EERE2022-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.
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
ApplianceStandardsQuestions@
ee.doe.gov.
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:
Kristin.koernig@hq.doe.gov.
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:
ApplianceStandardsQuestions@
ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
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.
SUPPLEMENTARY INFORMATION:
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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
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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.
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.
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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
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.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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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))
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
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.
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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))
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
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).
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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
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.’’
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.
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TABLE II.1 SUMMARY OF PROPOSALS IN THIS NOPR
Topic
Location in CFR
Summary of
proposals
Definitions .............
Appendix GG .......................................................................................................
Test Procedure .....
10 CFR 430.23 and appendix GG ......................................................................
Define varieties of
portable electric
spas.
Establish 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.
7 https://appliance-standards.org/product/
portable-electric-spas.
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8 The PHTA is a result of a 2019 merger between
the Association of Pool and Spa Professionals
(‘‘APSP’’) and the National Swimming Pool
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Applicable preamble
discussion
III.B.2
III.C and III.D
Foundation (‘‘NSPF’’). The reference to APSP has
been retained in the ANSI designation of ANSI/
APSP/ICC–14 2019.
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TABLE II.1 SUMMARY OF PROPOSALS IN THIS NOPR—Continued
Topic
Location in CFR
Summary of
proposals
Sampling Plan .......
10 CFR 429.68 ....................................................................................................
Specify the 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.
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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,
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).
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EERE–2022–BT–DET–0006–0006 at p.
2)
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)
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
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).
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Applicable preamble
discussion
III.E.2
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.
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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.
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
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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 99th Percentile Man as specified in ANSI/APSP/
ICC–16 to swim or exercise in place.
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.
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applications in their marketing
materials.
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
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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.
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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
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.
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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.
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.
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 performancebased 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
17 www.csagroup.org/store/product/2703317/.
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#/.
20 See sections 1.13 and 6.3.3 of appendix E to
subpart B of 10 CFR part 430.
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63361
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.’’
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
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.
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hours, while the spa remains covered in
a controlled-temperature environment.
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.,
°C vs. °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
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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
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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.
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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 °F (17 °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
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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 °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 °F ± 3 °F.22 DOE notes that 60 °F is
approximately equal to the annual
average temperature for all of
California.23
CAN/CSA–374–11 (R2021) specifies a
mandatory test with ambient
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.
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temperature of 44.6 °F ± 1.8 °F (7 °C ± 2
°C), and an optional cold-weather test
with ambient temperature of 17.6 °F ±
1.8 °F (¥8 °C ± 2 °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 °F. Rounded to the nearest degree
Fahrenheit, DOE has tentatively
determined that 56 °F is a nationally
representative ambient air temperature
applicable to testing portable electric
spas.
Based on the preceding analysis, DOE
is proposing to specify 56.0 °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 °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 °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
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#/.
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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 °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 °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)
With no insulation
on chamber floor
With chamber
floor insulation
as specified
in Appendix A to
ANSI/APSP/ICC–14 2019
339
233
213
204
Spa
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Spa 1 .....................................................................................................
Spa 2 .....................................................................................................
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
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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.
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Measured effect
of floor
insulation on
standby loss
(%)
¥37
¥13
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
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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
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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.,
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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 asshipped 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 asshipped 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
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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.
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
27 CEC Modernized Appliance Efficiency
Database System. Accessed September 12, 2022.
Available online at cacertappliances.energy.ca.gov.
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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
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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.
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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
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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 highperforming 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)
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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
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loss (e.g., should it be tested with a 6
mil plastic cover, or tested with no
cover).
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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
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.
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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.
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
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 °F (38 °C) for
the duration of the test, the spa shall be tested at
102 °F +/¥2 °F (39 °C +/¥1 °C) and maintain a
minimum water temperature of 100 °F (38 °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.
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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.
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 °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 °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
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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
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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
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
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.
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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 energyand 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:
and x is the sample mean, n is the number
of samples, and xi is the maximum of the
ith sample;
Or,
(2) The upper 95 percent confidence
limit (UCL) of the true mean divided by
1.05, where:
UCL=
x + to.9s (~)
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
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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 °F or 85 °F) minus the
maximum of the allowed ambient air
temperature range (i.e., 63 °F), resulting
in a normalized temperature difference
of 37 °F for units tested at a water
temperature of 102 °F ± 2 °F, and a
normalized temperature difference of
22 °F for units tested at a water
temperature of 87 °F ± 2 °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 °F (i.e., 102 °F¥56 °F) for units tested
at a water temperature of 102 °F ± 2 °F,
and a normalized temperature
difference of 31 °F (i.e., 87 °F¥56 °F) for
units tested at a water temperature of
87 °F ± 2 °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.
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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
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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
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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
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
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.
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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.)
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.
IV. Procedural Issues and Regulatory
Review
B. Review Under the Regulatory
Flexibility Act
A. Review Under Executive Orders
12866 and 13563
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.
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.
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H. Compliance Date
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
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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.
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
33 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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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.
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.
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 $11,150 for
combination spas. Also, DOE estimates
the impacts based on estimated basic
model counts and company revenue.
Table IV.1 summarizes DOE’s estimates
for the identified small businesses. On
average, testing costs represent less than
1 percent of annual revenue for a typical
small business.
TABLE IV.1—ESTIMATED TESTING BURDEN FOR SMALL, DOMESTIC MANUFACTURERS
Estimated testing
burden
(2022$mm)
Manufacturer
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Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
Manufacturer
A ....................................................................................................
B ....................................................................................................
C ....................................................................................................
D ....................................................................................................
E ....................................................................................................
F ....................................................................................................
G ....................................................................................................
H ....................................................................................................
I ......................................................................................................
J .....................................................................................................
K ....................................................................................................
L .....................................................................................................
M ....................................................................................................
N ....................................................................................................
Annual revenue
(2022$mm)
Percent of
annual revenue
(%)
51.4
10.3
29.6
0.600
111
62.0
27.0
20.0
7.52
23.7
40.0
12.7
7.73
2.19
0.2
0.1
0.2
4.3
0.0
0.2
0.7
0.3
1.0
0.1
0.1
0.4
0.4
0.5
0.08
0.01
0.06
0.03
0.01
0.14
0.17
0.06
0.07
0.02
0.02
0.05
0.03
0.01
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
conflict with the proposed rule being
considered.
DOE is not aware of any rules or
regulations that duplicate, overlap, or
6. Significant Alternatives to the Rule
34 Available at: www.sba.gov/document/supporttable-size-standards.
35 Dun & Bradstreet reports are available at:
app.dnbhoovers.comI (last accessed September 1,
2021).
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The discussion in the previous
section analyzes impacts on small
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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-ofinformation 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
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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
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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,
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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-generalcounsel. 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.
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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.
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J. Review Under Treasury and General
Government Appropriations Act, 2001
action, and, accordingly, DOE has not
prepared a Statement of Energy Effects.
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.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
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
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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
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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
ApplianceStandardsQuestions@
ee.doe.gov. 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.
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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.
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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
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
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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
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
days. Consequently, DOE now provides a 60-day
public comment period for test procedure NOPRs.
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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).
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(10) DOE requests comment on its
proposal
to adopt specific sections of
Although DOE welcomes comments
ANSI/APSP/ICC–14 2019 in DOE’s
on any aspect of this proposal, DOE is
proposed test procedure for portable
particularly interested in receiving
electric spas.
comments and views of interested
(11) DOE requests comment on
parties concerning the following issues:
whether any of the sections of ANSI/
(1) DOE requests comment on its
APSP/ICC–14 2019 that DOE is
proposal for the scope of the test
proposing to exclude from the proposed
procedure to include all products that
DOE test procedure should be included
meet the definition of portable electric
in the DOE test procedure.
spa. DOE requests comment on whether
(12) DOE requests comment on its
any additional products should be
determination that, rounded to the
included within the scope of the DOE
nearest degree, 56 °F is a nationally
test procedure. DOE requests comment
representative ambient air temperature
on whether any products that meet the
applicable to testing portable electric
definition of portable electric spa
spas.
should be excluded from the scope of
(13) DOE requests comment on its
the DOE test procedure, and, if so, on
proposal to specify an ambient air
what basis.
temperature of 56.0 ± 3.0 °F during
(2) DOE requests comment on
testing. If commenters recommend a
whether the definitions for the
different ambient temperature, DOE
categories of portable spas proposed in
requests data demonstrating the
section 3 of appendix GG (i.e., ‘‘standard representativeness of that ambient
spa’’, ‘‘exercise spa’’, ‘‘combination
temperature.
spa’’, and ‘‘inflatable spa’’) adequately
(14) DOE requests comment on its
delineate the categories of portable
tentative determination that the
electric spas and whether any additional specifications regarding chamber
or different categories are warranted.
internal dimensions, air flow, and
(3) DOE requests comment on
chamber insulation in appendix A to
whether there are portable electric spas
ANSI/APSP/ICC–14 2019 are
used for special purposes, such as those appropriate for testing portable electric
operated for medical treatment or
spas and would produce test results that
physical therapy, that should be
reflect representative consumer use and
excluded from the scope of the DOE test would not be unduly burdensome to
procedure or tested in a different
require for testing.
manner. If so, DOE requests comment
(15) DOE requests comment on the
on the method to determine the spas to
proposed chamber requirements in
exclude or test differently.
section 4.1.1 of appendix GG and
(4) DOE requests comment on its
whether any alternate or additional
tentative determination not to propose a requirements are needed.
minimum or maximum size to limit the
(16) DOE seeks comment on its
scope of the DOE test procedure.
tentative determination, based on
(5) DOE requests comment on
review of portable electric spa user
whether it is necessary to measure
manuals, that the most representative
standby mode or off mode energy
installation of a portable electric spa is
consumption in the DOE test procedure. to be installed directly on concrete with
(6) DOE requests comment on its
no insulation between that surface and
proposal to use standby loss, equivalent the spa.
to the normalized standby power as
(17) DOE requests comment on its
defined by ANSI/APSP/ICC–14 2019, as proposal to specify installing the
the performance-based metric for
portable electric spa directly on the
representing the energy use of portable
chamber floor without any insulation
electric spas.
between the spa and the floor.
(7) DOE requests comment on its
(18) DOE seeks comment on its
proposed definition for ‘‘standby loss’’
presumption that a consumer would be
in section 3.9 of appendix GG.
likely to install insulation and/or wood
(8) DOE requests comment and data
if insulation and/or wood were to be
on the representative operation of spas
included with the portable electric spa
when in use with the cover removed,
and specified by the installation
including typical frequency and
instructions to be installed for use, and
duration of use, operation of jets or
that in such cases, testing with the
other features, and number of users.
insulation and/or wood provided would
DOE also requests comment on how
produce test results that are
usage varies across spa types.
representative of consumer use.
(19) DOE requests comment on the
(9) DOE requests comment on any test
availability of concrete floors or slabs
methods that measure the operation of
within test facilities and on whether any
spas when in use with the cover
test chamber floor alternatives, such as
removed.
E. Issues on Which DOE Seeks Comment
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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
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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
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63377
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
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.
2. Section 429.68 is added to read as
follows:
■
§ 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
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and X is the sample mean, n is the number
of samples, and xi is the ith sample;
Or,
(ii) The upper 95 percent confidence
limit (UCL) of the true mean divided by
1.05, where:
UCL=
x + to.9s (.ln)
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.
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PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
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.
4. Section 430.3 is amended by:
a. Redesignating paragraphs (v)
through (w) as paragraphs (w) through
(x); and
■
■
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■
b. Adding a new paragraph (v).
The addition reads as follows:
§ 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]
*
*
*
*
*
■ 5. Section 430.23 is amended by
adding a new paragraph (hh) to read as
follows:
§ 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].
■ 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 § 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
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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 § 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.
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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 § 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:
Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Proposed Rules
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 asshipped 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/
63379
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 °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.
Equation 1
E
SLmeas
=t
Equation 2
A..,..
u.1meas
= T.water avg -Tairavg
Equation 3
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DTmeas = Measured temperature difference
(°F)
Twater avg = Average water temperature during
test (°F)
Tair avg = Average air temperature during test
(°F)
PO 00000
Frm 00025
Fmt 4701
Sfmt 4702
SL = Standby loss (W)
DTstd = Normalized temperature difference
(°F), as follows:
E:\FR\FM\18OCP5.SGM
18OCP5
EP18OC22.028</GPH> EP18OC22.029</GPH>
khammond on DSKJM1Z7X2PROD with PROPOSALS5
Where:
SLmeas = Measured standby loss (watts)
E = Total energy use during the test (watthours)
t = Length of test (hours)
= SLmeas X /J.Tmeas
EP18OC22.030</GPH>
llTstd
SL
63380
Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS5
46.0 °F for all inflatable spas, standard
spas, standard spa portions of a
combination spa, exercise spas, and
exercise spa portions of a combination
VerDate Sep<11>2014
23:07 Oct 17, 2022
Jkt 259001
spa tested to a minimum water
temperature of 100 °F; or
31.0 °F for all exercise spas or
exercise spa portions of a combination
PO 00000
Frm 00026
Fmt 4701
Sfmt 9990
spa tested to a minimum water
temperature of 85 °F.
[FR Doc. 2022–21914 Filed 10–17–22; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\18OCP5.SGM
18OCP5
]]>Agencies
[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]]
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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\
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\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
