G/TBT/N/USA/1931  
19 October 2022  
(22-7849) 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) [1962]  
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 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Portable 
electric spas; Quality (ICS code(s): 03.120); Environmental protection (ICS code(s): 
13.020); Test conditions and procedures in gener al (ICS code(s): 19.020); Miscellaneous 
domestic and commercial equipment (ICS code(s): 97.180)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program: Test Procedure for Portable Electric Spas; (25 page(s), in Eng lish) 
6. Description of content:  Notice of proposed rulemaking and request for comment - The 
U.S. Department of Energy ("DOE") proposes to establish definitions, a test procedure, 
and sampling requirements for portable electric spas. Currently, portable e lectric 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 rul emaking ("NOPR").  
DOE will hold a webinar on Thursday, 17 November 2022, from 1:00 p.m. to 4:00 p.m.  
Eastern Time. See section V, "Public Participation," for webinar registration information, 
participant instructions, and information about the capabilities available to webinar 
participants.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of the 
environment; Quality requirements  
8. Relevant documents:   
87 Federal Register (FR) 63356, 18 October 2022; Title 10 Code of Federal Regulations 
(CFR) P arts 429 and 430:  
https://www.govinfo.gov/content/pkg/FR -2022-10-18/html/2022 -21914.htm  
https://www.govinfo.gov/content/pkg/FR -2022-10-18/pdf/2022 -21914.pdf  G/TBT/N/USA/1931  
 
- 2 - 
 
  This notice of proposed rulemaking; request for comment is identified by Docket Number 
EERE-2022-BT-TP-0024. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/EERE -2022-BT-TP-0024/document  and provides 
access to primary documents as well as comments received. Documents are also 
accessible from Regulations.gov  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 19 December 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 
comme nt period.  
G/TBT/N/USA/1836 and Add.1  - Energy Conservation Program: Proposed and Final 
Determination of Portable Electric Spas as a Covered Consumer Pro duct, identified by 
Docket Number EERE-2022-BT-DET-0006. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  19 December 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_7068_00_e.pdf