G/TBT/N/USA/1836  
18 February 2022  
(22-1557) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Office of Energy Efficiency and Renewable Energy (OEERE), 
Department of Energy (DOE) [1864]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Portable 
electric spas; Environmental protection (ICS 13.020), Miscellaneous domestic and 
commercial equipment (ICS 97.180)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program: Proposed Determination of Portabl e Electric Spas as a Covered 
Consumer Product (8 page(s), in English)  
6. Description of content:  Notification of proposed determination and request for 
comment - The U.S. Department of Energy ("DOE") has tentatively  determined that 
portable electric spas qualify as a covered product  under Part A of Title III of the Energy 
Policy and Conservation Act, as  amended ("EPCA"). DOE has tentatively determined that 
coverage of  portable electric spas is necessary and appropriate to carry out the  purposes 
of EPCA and  that the average U.S. household energy use for  portable electric spas is likely 
to exceed 100 kilowatt -hours per year.   If, after public comment, DOE issues a final 
determination of coverage for this product, DOE may prescribe both test procedures and 
energy conservation standards for this product. DOE will publish a final decision on 
coverage as a separate notice, which is an action that will be completed prior to 
the initiation of any test procedure or energy conservation standards rulemaking. If DOE 
determines that coverage is warranted, DOE will proceed with its typical rulemaking 
process for both test procedures and standards. DOE is not proposing test procedures or 
energy conservation standards as part of this proposed determination. If DOE proceeds 
with a rulemaking to establish energy conservation standards, DOE would determine if 
portable electric spas satisfy the provisions of 42 U.S.C. 6295(l)(1)  during the course of 
that rulemaking.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of the 
environment  G/TBT/N/USA/1836  
 
- 2 - 
 
  8. Relevant documents:   
87 Federal Register (FR) 8745, 16 February 2022; Title 10 Code of Federal Regulations 
(CFR) Part 430:   
https://www.govinfo.gov/content/pkg/FR -2022-02-16/html/2022 -03190.htm  
https://www.govinfo.gov/content/pkg/FR -2022-02-16/pdf/2022 -03190.pdf  
This notice of proposed rulemaking is identified by Docket Numb er EERE -2022-BT-DET-
0006. The Docket Folder is available from Regulations.gov 
at https://www.regulations.gov/docket/EERE -2022-BT-DET-0006/document  and 
provides access to primary and supporting documents as well as comments received. 
Documents are also accessible from  Regulations.g ov by searching the Docket Number. 
WTO Members and their stakeholders are asked to submit comments to the  USA TBT 
Enquiry Point  by or before  4pm Eastern Time  on 18 Apr il 2022.   Comments received by 
the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with 
the regulator and will also be submitted to the  Docket  on Regulations.gov if received 
within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 April 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_1677_00_e.pdf