This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

8745 

Vol. 87, No. 32 

Wednesday, February 16, 2022 

1All 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). 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

3The enumerated list of covered products is at 42 

U.S.C. 6292(a)(1)–(19). 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2022–BT–DET–0006] 

RIN 1904–AF31 

Energy Conservation Program: 

Proposed Determination of Portable 

Electric Spas as a Covered Consumer 

Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of proposed 

determination and request for comment. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) has tentatively 

determined that portable electric spas 

qualify as a covered product under Part 

A of Title III of the Energy Policy and 

Conservation Act, as amended 

(‘‘EPCA’’). DOE has tentatively 

determined that coverage of portable 

electric spas is necessary and 

appropriate to carry out the purposes of 

EPCA and that the average U.S. 

household energy use for portable 

electric spas is likely to exceed 100 

kilowatt-hours per year. 

DATES: Written comments, data, and 

information are requested and will be 

accepted on or before April 18, 2022. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2022–BT–DET–0006, by 

any of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: To 

PortableElecSpas2022DET0006@

ee.doe.gov. Include docket number 

EERE–2022–BT–DET–0006 in the 

subject line of the message. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

VI of this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, DOE 

has found it necessary to make 

temporary modifications to the 

comment submission process in light of 

the ongoing COVID–19 pandemic. DOE 

is currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. If a commenter finds 

that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the COVID–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

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-DET-0006. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. See section VI, 

‘‘Public Participation,’’ for further 

information on how to submit 

comments through 

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–5B, 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 or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. Scope of Coverage 

IV. Evaluation of Portable Electric Spas as a 

Covered Product Subject to Energy 

Conservation Standards 

A. Coverage Necessary or Appropriate To 

Carry Out the Purposes of EPCA 

B. Average Household Energy Use 

C. Preliminary Determination 

V. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act of 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act of 2001 

K. Review Under Executive Order 13211 

L. Information Quality 

VI. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comments 

VII. Approval of the Office of the Secretary 

I. Statutory Authority 

EPCA 1 authorizes DOE to regulate the 

energy efficiency of a number of 

consumer products and certain 

industrial equipment. (42 U.S.C. 6291– 

6317) Title III, Part B 2 of EPCA 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, which sets forth a 

variety of provisions designed to 

improve energy efficiency for certain 

consumer products, referred to generally 

as ‘‘covered products.’’ 3 In addition to 

specifying a list of consumer products 

that are covered products, EPCA 

contains provisions that enable the 


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4 DOE has defined ‘‘household’’ to mean an entity 

consisting of either an individual, a family, or a 

group of unrelated individuals, who reside in a 

particular housing unit. For the purpose of this 

definition: 

(1) Group quarters means living quarters that are 

occupied by an institutional group of 10 or more 

unrelated persons, such as a nursing home, military 

barracks, halfway house, college dormitory, 

fraternity or sorority house, convent, shelter, jail or 

correctional institution. 

(2) Housing unit means a house, an apartment, a 

group of rooms, or a single room occupied as 

separate living quarters, but does not include group 

quarters. 

(3) Separate living quarters means living quarters: 

(i) To which the occupants have access either: 

(A) Directly from outside of the building, or 

(B) Through a common hall that is accessible to 

other living quarters and that does not go through 

someone else’s living quarters, and 

(ii) Occupied by one or more persons who live 

and eat separately from occupant(s) of other living 

quarters, if any, in the same building. 10 CFR 430.2. 

5Portable Electric Spas, information provided to 

DOE from PHTA, California Investor-Owned 

Utilities and Appliance Standards Awareness 

Project, www.regulations.gov/docket/EERE-2022- 

BT-DET-0006-0001. 

6See section 1602(g)(2) of Article 4 of Division 2 

of Title 20 of the California Code of Regulations 

(‘‘CCR’’). 

7ANSI/APSP/ICC–14 2019 is available at: https:// 

webstore.ansi.org/standards/apsp/ 

ansiapspicc142019. 

Secretary of Energy to classify 

additional types of consumer products 

as covered products. For a given 

consumer product to be classified as a 

covered product, the Secretary must 

determine that: 

(1) Classifying the product as a covered 

product is necessary or appropriate to carry 

out the purposes of EPCA; and 

(2) The average annual perhouseholdenergy use by products of such 

type is likely to exceed 100 kilowatt-hours 

(‘‘kWh’’) (or its British thermal unit (‘‘Btu’’) 

equivalent) per year. (42 U.S.C. 6292(b)(1)) 4

When attempting to add additional 

consumer product types to the ‘‘covered 

products’’ classification, DOE must first 

determine whether these criteria from 

42 U.S.C. 6292(b)(1) are met. Once such 

a determination is made, the Secretary 

may prescribe test procedures to 

measure the energy efficiency or energy 

use of such product. (42 U.S.C. 

6293(b)(1)(B)) Furthermore, once a 

product is determined to be a covered 

product, the Secretary may set standards 

for such product, subject to the 

provisions in 42 U.S.C. 6295(o) and (p), 

provided that DOE determines that the 

four additional criteria at 42 U.S.C. 

6295(l) have been met. Specifically, 42 

U.S.C. 6295(l) requires the Secretary to 

determine that: 

(1) The average household energy use of 

the products has exceeded 150 kWh per 

household for a 12-month period; 

(2) The aggregate 12-month energy use of 

the products has exceeded 4200 gigawatthours; 

(3) Substantial improvement in the energy 

efficiency of products of such type is 

technologically feasible; and 

(4) Application of a labeling rule under 42 

U.S.C. 6294 is unlikely to be sufficient to 

induce manufacturers to produce, and 

consumers and other persons to purchase, 

covered products of such type (or class) that 

achieve the maximum energy efficiency that 

is technologically feasible and economically 

justified. (42 U.S.C. 6295(l)(1)) 

II. Current Rulemaking Process 

DOE has not previously conducted a 

rulemaking for portable electric spas. In 

a presentation provided to DOE on 

December 6, 2021, the Pool and Hot Tub 

Alliance (‘‘PHTA’’) asserted that 

portable electric spas meet the EPCA 

thresholds of significance required for 

the Secretary to classify a consumer 

product as a covered product under 42 

U.S.C. 6295(l) and 42 U.S.C. 6292(b)(1).5

DOE independently examined the 

PHTA’s assertion that portable electric 

spas meet EPCA’s significance 

thresholds in section IV.B of this 

document and tentatively finds the 

PHTA’s claims to be credible. Therefore, 

DOE has decided to proceed with this 

proposed determination. If, after public 

comment, DOE issues a final 

determination of coverage for this 

product, DOE may prescribe both test 

procedures and energy conservation 

standards for this product. DOE will 

publish a final decision on coverage as 

a separate notice, which is an action 

that will be completed prior to the 

initiation of any test procedure or 

energy conservation standards 

rulemaking. See 10 CFR part 430 

subpart C appendix A section 5(c). If 

DOE determines that coverage is 

warranted, DOE will proceed with its 

typical rulemaking process for both test 

procedures and standards. Id. DOE is 

not proposing test procedures or energy 

conservation standards as part of this 

proposed determination. If DOE 

proceeds with a rulemaking to establish 

energy conservation standards, DOE 

would determine if portable electric 

spas satisfy the provisions of 42 U.S.C. 

6295(l)(1) during the course of that 

rulemaking. 

III. Scope of Coverage 

Portable electric spas are factory-built 

hot tubs or spas that are intended for the 

immersion of people in heated, 

temperature-controlled water that is 

circulated in a closed system. Portable 

electric spas are not covered products 

currently. A wide range of portable 

electric spa products are available on 

the market, including standard spas, 

exercise spas, combination spas, and 

inflatable spas. 

To help inform its proposed scope of 

coverage, DOE reviewed existing 

classifications of portable electric spas 

developed by the PHTA—the industry 

trade group for portable electric spas— 

and used in California Energy 

Commission (‘‘CEC’’) regulations.6 The 

following paragraphs discuss DOE’s 

examination of these sources and 

present the proposed definition that 

would provide the basis for coverage of 

portable electric spas under EPCA. 

PHTA publishes a standard method of 

test, certified by American National 

Standards Institute (‘‘ANSI’’), for 

measuring the performance of portable 

electric spas, titled ANSI/Association of 

Pool and Spa Professionals (‘‘APSP’’)/ 

International Code Council (‘‘ICC’’) 14 

2019, American National Standard for 

Portable Electric Spa Energy Efficiency 

(‘‘ANSI/APSP/ICC–14 2019’’).7 PHTA 

describes this standard as providing 

recommended minimum guidelines for 

testing the energy efficiency of factorybuilt residential portable electric spas. 

The standard methods included in 

ANSI/APSP/ICC–14 2019 provide a 

means to compare and evaluate the 

energy efficiency of different models of 

portable electric spas in conditions 

relevant to product use. Section 3 of 

ANSI/APSP/ICC–14 2019 defines 

‘‘Portable Electric Spa’’ as ‘‘a factorybuilt electric spa or hot tub, supplied 

with equipment for heating and 

circulating water at the time of sale or 

sold separately for subsequent 

attachment.’’ ANSI/APSP/ICC–14 2019 

also defines ‘‘Spa’’ as ‘‘a product 

intended for the immersion of persons 

in temperature-controlled water 

circulated in a closed system, and not 

intended to be drained and filled with 

each use. A spa usually includes a filter, 

a heater (electric, solar, or gas), a pump 

or pumps, and a control, and may also 

include other equipment, such as lights, 

blowers, and water sanitizing 

equipment.’’ The term ‘‘hot tub’’ is 

defined in ANSI/APSP/ICC–14 2019 as 

a synonym of ‘‘spa.’’ 

In addition, Section 3 of ANSI/APSP/ 

ICC–14 2019 defines the following 

categories of portable electric spas: 

(1) Standard Spa: A portable electric 

spa that is not an inflatable spa, an 

exercise spa, or the exercise spa portion 

of a combination spa. 

(2) Exercise Spa: (Also known as a 

swim spa): Variant of a portable electric 

spa in which the design and 

construction includes specific features 

and equipment to produce a water flow 

intended to allow recreational physical 

activity including, but not limited to, 

swimming in place. 


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8See section 1602(g)(2) of Article 4 of Division 2 

of Title 20 of the CCR. There is some variation in 

the definition of exercise spa as compared to ANSI/ 

APSP/ICC–14 2019. 

9https://appliance-standards.org/product/

portable-electric-spas. 

10https://www.eia.gov/consumption/residential/

data/2015/. DOE would note that this number likely 

includes spas that do not meet the proposed 

definition of portable electric spa. 

11P.K. Data Inc. 2020 Pool Heaters Market Data: 

Custom Compilation for Lawrence Berkeley 

National Laboratory. 2020. Alpharetta, GA. (Last 

accessed July 1, 2021.) https://www.pkdata.com/ 

reports-store.html#/. 

12Final 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 https:// 

efiling.energy.ca.gov/GetDocument.aspx?tn

=222413&DocumentContentId=31256. 

13CEC Modernized Appliance Efficiency 

Database System. Accessed December 17, 2021. 

Available online at https://

cacertappliances.energy.ca.gov. 

(3) Combination Spa: A portable 

electric spa with two separate and 

distinct reservoirs, where (a) one 

reservoir is an exercise spa; (b) the 

second reservoir is a standard spa; and 

(c) each reservoir has an independent 

water temperature setting control. 

(4) Inflatable Spa: A portable electric 

spa where the structure is collapsible 

and is designed to be filled with air to 

form the body of the spa. 

The CEC defines portable electric spa 

and most of the spa categories 

consistently with ANSI/APSP/ICC–14 

2019,8 though CEC does not define 

‘‘spa’’. For the purpose of this analysis, 

DOE evaluated portable electric spas as 

a factory-built electric spa or hot tub, 

supplied with equipment for heating 

and circulating water at the time of sale 

or sold separately for subsequent 

attachment, as defined by ANSI/APSP/ 

ICC–14 2019 and the CEC. DOE 

proposes to adopt this definition to 

inform stakeholders while DOE 

continues its analysis. DOE notes that 

this proposed definition would exclude 

units that are site-assembled, such as 

portable electric spas that are 

permanently installed in the ground or 

attached to a pool, and spas sold with 

methods of water heating other than 

electricity, such as propane or natural 

gas spa heaters or wood-fired hot tubs. 

As stated previously in this 

document, EPCA authorizes DOE to 

classify a type of consumer product as 

a covered product upon making certain 

determinations. EPCA defines a 

‘‘consumer product’’ as any article 

(other than an automobile) of a type— 

(A) which in operation consumes, or is 

designed to consume, energy; and (B) 

which, to any significant extent, is 

distributed in commerce for personal 

use or consumption by individuals; 

without regard to whether such article 

of such type is in fact distributed in 

commerce for personal use or 

consumption by an individual. (42 

U.S.C. 6291(1)) As such, when 

considering the potential scope of 

coverage, DOE does not consider 

whether an individual product is 

distributed in commerce for residential 

or commercial use, but whether it is of 

a type of product distributed in 

commerce for residential use. 

DOE seeks feedback from interested 

parties on its proposed definition and 

scope of coverage of portable electric 

spas. 

IV. Evaluation of Portable Electric Spas 

as a Covered Product Subject to Energy 

Conservation Standards 

The following sections describe DOE’s 

preliminary evaluation of whether 

portable electric spas fulfill the criteria 

for being added as a covered product 

pursuant to 42 U.S.C. 6292(b)(1). As 

stated previously, DOE may classify a 

consumer product as a covered product 

if: 

(1) Classifying products of such type as 

covered products is necessary or appropriate 

to carry out the purposes of EPCA; and 

(2) The average annual per-household 

energy use by products of such type is likely 

to exceed 100 kWh (or its Btu equivalent) per 

year. 42 U.S.C. 6292(b)(1) 

A. Coverage Necessary or Appropriate 

To Carry Out the Purposes of EPCA 

After evaluating the estimated 

shipments of portable electric spas and 

the potential availability of technologies 

that can be employed to improve the 

efficiency of portable electric spas, DOE 

has preliminarily determined that 

coverage of portable electric spas is 

necessary and appropriate to carry out 

the purposes of EPCA, which include: 

(1) To conserve energy supplies through 

energy conservation programs, and, where 

necessary, the regulation of certain energy 

uses; and 

(2) To provide for improved energy 

efficiency of motor vehicles, major 

appliances, and certain other consumer 

products. (42 U.S.C. 6291(4)–(5)) 

Although portable electric spas are 

not currently subject to energy 

conservation standards under EPCA, as 

discussed, several states have adopted 

standards, starting with California in 

2004 and including Arizona, Colorado, 

Connecticut, Maine, Massachusetts, 

Nevada, Oregon, Rhode Island, 

Vermont, and Washington.9 According 

to the DOE Energy Information 

Administration’s Residential Energy 

Consumption Survey (‘‘RECS’’), there 

were 8.4 million spas in the U.S. in 

2015.10 DOE also obtained data from 

PKData, and, based on that data, DOE 

estimates that in, 2019, the existing 

stock of residential hot tubs (as separate 

from the stock of spas in residential 

pools) was approximately 5.5 million, 

with approximately 95% of these being 

electric spas.11 Based on these same 

data, DOE also estimates that 

approximately 230,000 electric spas 

were shipped in 2019. Id. 

DOE requests data and information 

regarding the current annual shipments 

of portable electric spas and the 

installed base of portable electric spas, 

specifying the scope of products 

included in any such estimates (e.g., 

standard, exercise, combination, 

inflatable, etc.). 

In 2018, the CEC published a final 

staff report analyzing efficiency 

standards and marking for spas.12 That 

report examined potentially available 

technologies that can be employed to 

improve the efficiency of portable 

electric spas. The report included 

several options but stated that improved 

insulation (in terms of improved 

insulation coverage, type and quantity) 

within the tub walls and of the tub 

cover offer the greatest opportunity for 

improved efficiency. The report also 

mentioned further attainable efficiency 

improvements through, but not limited 

to, improved spa cover design, and 

improved pump and motor system 

design within the spa itself. The 

findings of this report indicate that 

technologies exist, and are already 

available in the market, to reduce the 

energy consumption of portable electric 

spas. 

DOE requests comment on the 

availability of technologies for 

improving energy efficiency of portable 

electric spas. Specifically, DOE requests 

comment on the available technologies 

for improving energy efficiency as they 

apply to the different types of portable 

electric spas under consideration. 

B. Average Household Energy Use 

Additionally, DOE analyzed whether 

portable electric spas would meet the 

average annual per-household energy 

use criteria in 42 U.S.C. 6292(b)(1)(B). 

For this determination, DOE estimated 

the average household energy use 

threshold for portable electric spas, in 

households that use the product, using 

power consumption data reported in the 

CEC database (‘‘MAEDbS’’).13 The 

ratings of certified portable electric spas 

contained in MAEDbS demonstrate 

significant variation in the total power 

consumption among different models of 

standard, combination, and exercise 

spas that are currently available. 


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14Final 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 https:// 

efiling.energy.ca.gov/GetDocument.

aspx?tn=222413&DocumentContentId=31256. 

15See section 1605.3(g)(7)(A) of Article 4 of 

Division 2 of Title 20 of the CCR. 

16Final Staff Report, Analysis of Efficiency 

Standards and Marking for Spas, 2018 Appliance 

Efficiency Rulemaking for Spas Docket Number 18– 

AAER–02 TN 222413 at p. 35, Available online at 

https://efiling.energy.ca.gov/GetDocument.aspx?

tn=222413&DocumentContentId=31256. 

17 Ibid. 

18U.S. Energy Information Administration, 

Residential Energy Consumption Survey (RECS), 

2015, https://www.eia.gov/consumption/ 

residential/data/2015/. 

MAEDbS is the only publicly available 

source that provides energy 

consumption data for portable electric 

spas of which DOE is aware. For each 

model, MAEDbS lists the standby power 

in watts (‘‘W’’), along with other 

relevant capacity and performance 

metrics. MAEDbS certification requires 

that standby power is measured 

according to ANSI/APSP/ICC–14 2019, 

the required California test procedure as 

specified in the CCR at 20 CCR 

1604(g)(2). For portable electric spas 

measured according to the test 

procedure, standby mode is the 

predominant mode of spa operation and 

includes power use to maintain the set 

temperature and to circulate and filter 

the water. Power use in standby mode 

may also include some ancillary power 

use, e.g., to power a controller. CEC 

estimated that standby mode represents 

75 percent of the energy consumed by 

a portable electric spa, with the 

remainder being startup mode (when 

the spa is heating up to its operating 

temperature) and active mode (when the 

spa’s water jets are operating).14

CEC has set standards specifying 

maximum allowable standby power 

consumption as a function of spa 

volume separately for: (1) Standard spas 

and exercise spas capable of 

maintaining 100 degrees F during the 

test; (2) exercise spas; and (3) inflatable 

spas.15 Table IV.1 shows the reported 

range of power consumption by volume 

for the different spa categories specified 

in the database for models. DOE further 

divided the metrics in Table IV.1 by the 

volume bins defined by the CEC in its 

report.16

TABLE IV.1—REPORTED POWER CONSUMPTION BY SPA CATEGORY AND VOLUME

CEC index Volume range 

(gallons) Model count 

Standby power 

(W) 

Minimum Average Maximum 

Standard Spas 

1A ..................................................................................... 100 < 180 38 82 130 169 

1B ..................................................................................... 181 < 300 289 40 156 215 

2 ....................................................................................... 301 < 600 568 75 204 295 

3 ....................................................................................... 601 < 900 7 208 277 350 

5 ....................................................................................... 1,201 < 1,500 3 275 375 458 

7 ....................................................................................... 1,801 < 2,100 6 559 588 602 

8 ....................................................................................... 2,101 < 2,400 3 401 508 561 

9 ....................................................................................... >2,401 14 414 424 555 

Inflatable Spas 

1A ..................................................................................... 100 < 180 8 221 237 239 

1B ..................................................................................... 1,181 < 300 7 232 233 233 

Exercise Spas 

3 ....................................................................................... 601 < 900 2 212 212 212 

4 ....................................................................................... 901 < 1,200 14 163 278 445 

5 ....................................................................................... 1,201 < 1,500 26 265 391 491 

6 ....................................................................................... 1,501 < 1,800 47 263 424 551 

7 ....................................................................................... 1,801 < 2,100 24 217 452 555 

8 ....................................................................................... 2,101 < 2,400 14 413 525 657 

9 ....................................................................................... >2,401 6 437 462 474 

Combination Spas (Standard Spa Portion) 

1B ..................................................................................... 181 < 300 7 160 180 207 

2 ....................................................................................... 301 < 600 25 145 201 243 

Combination Spas (Exercise Spa Portion) 

6 ....................................................................................... 1,501 < 1,800 22 162 373 563 

7 ....................................................................................... 1,801 < 2,100 10 234 382 467 

During the process of updating the 

standards for California in 2018, CEC 

reported a duty cycle of 5,040 hours per 

year for inflatable spas (which are 

intended for seasonal use) and 8,760 

hours per year for standard, exercise, 

and combination spas.17 And according 

to RECS, spas that are in use are used 

on average 7.4 months per year.18

However, DOE notes that the spas may 

be kept full and in standby mode the 

entire year regardless of active use of the 

spa. 

Using average power consumption for 

a standard spa of 194 W (the lowest 

average of the categories in MAEDbS) 

and 8,760 hours per year of use, DOE 

estimates an average standby energy 

consumption of 1,699 kWh per year for 

portable electric spas. DOE notes that 


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19See PHTA information provided to DOE for a 

list of states with minimum efficiency 

requirements, www.regulations.gov/docket/EERE2022-BT-DET-0006. 

20PHTA information provided to DOE for a list 

of states with minimum efficiency requirements, 

www.regulations.gov/docket/EERE-2022-BT-DET0006. 

use of the minimum standby power 

found in MAEDbS (40 W) and the 

estimated 5,040 hours per year of use for 

inflatable spas (and similar to 7.4 

months of use found in RECS) exceeds 

200 kWh per year energy use. In 

addition, the rest of the country may 

have shipments of portable electric spas 

that exceed California’s and other states’ 

maximum power consumption 

standards.19

In a presentation provided to DOE in 

December 2021,20 PHTA also provided 

an estimate of household energy use 

based on RECS. PHTA estimated that 

portable electric spas consume 5.755 

billion kWh/year in the U.S. and there 

are 3.673 million households in the U.S. 

that operate portable electric spas 

regularly. This estimate results in 

average energy consumption of 1,567 

kWh per year per household, which is 

similar to DOE’s estimate of 1,699 kWh 

per year. 

For these reasons, although there may 

be variation in distribution due to 

climate or spa size that might impact 

national average power consumption as 

compared to the estimate of 194 W 

(either higher or lower), DOE has 

tentatively determined that the average 

annual per-household energy use for 

portable electric spas is very likely to 

exceed 100 kWh per year, satisfying the 

provisions of 42 U.S.C. 6292(b)(1). 

DOE requests comment on the 

national representativeness of the spa 

volume bins shown in Table IV.1 of this 

document. DOE requests comment or 

information on whether these volume 

bins are applicable to all types of spas. 

DOE requests data and information on 

the range of standby power 

consumption of spas in non-regulated 

markets. 

DOE requests data and information 

regarding standby power consumption 

at the different volumes for all types of 

portable electric spas. 

DOE request data and information 

regarding active power consumption at 

the different volumes for all types of 

portable electric spas. 

C. Preliminary Determination 

Based on the foregoing, DOE has 

tentatively determined that: Classifying 

portable electric spas, as proposed to be 

defined in this document, is necessary 

and appropriate to carry out the 

purposes of EPCA; and the average 

annual per-household energy use by 

portable electric spas is likely to exceed 

100 kWh per year. As such, DOE has 

preliminarily determined to classify 

portable electric spas as a covered 

product under Part A of Title III of 

EPCA, as amended. 

DOE requests comment on whether 

classifying portable electric spas as a 

covered product is necessary and 

appropriate to carry out the purposes of 

EPCA. 

DOE also requests comment on its 

preliminary determination that the 

average annual per-household energy 

use by portable electric spas is likely to 

exceed 100 kWh per year. 

V. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

This proposed determination has been 

determined to be not significant for 

purposes of Executive Order (‘‘E.O.’’) 

12866, ‘‘Regulatory Planning and 

Review,’’ 58 FR 51735 (Oct. 4, 1993). As 

a result, the Office of Management and 

Budget (‘‘OMB’’) did not review this 

proposed determination. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (‘‘IRFA’’) for any rule that by 

law must be proposed for public 

comment, unless the agency certifies 

that the proposed rule, if promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities. As required by E.O. 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’ 67 FR 53461 

(Aug. 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential impact 

of its rules on small entities are properly 

considered during the DOE rulemaking 

process. 68 FR 7990. DOE has made its 

procedures and policies available on the 

Office of the General Counsel’s website 

(www.energy.gov/gc/office-assistantgeneral-counsel-legislation-regulationand-energy-efficiency). 

This proposed determination would 

not establish test procedures or energy 

conservation standards for portable 

electric spas. If adopted, the proposed 

determination would only positively 

determine that future standards may be 

warranted and should be explored in an 

energy conservation standards and test 

procedure rulemaking. Economic 

impacts on small entities would be 

considered in the context of such 

rulemakings. Therefore, DOE initially 

concludes that the impacts of the 

proposed determination would not have 

a ‘‘significant economic impact on a 

substantial number of small entities,’’ 

and that the preparation of an IRFA is 

not warranted. DOE will transmit the 

certification and supporting statement 

of factual basis to the Chief Counsel for 

Advocacy of the Small Business 

Administration for review under 5 

U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act 

Manufacturers of covered products 

must certify to DOE that their products 

comply with any applicable energy 

conservation standards. To certify 

compliance, manufacturers must first 

obtain test data for their products 

according to the DOE test procedures, 

including any amendments adopted for 

those test procedures. DOE has 

established regulations for the 

certification and recordkeeping 

requirements for all covered consumer 

products and commercial equipment. 

(See generally 10 CFR part 429.) The 

collection-of-information requirement 

for the certification and recordkeeping 

is subject to review and approval by 

OMB under the Paperwork Reduction 

Act (‘‘PRA’’). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 35 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

As noted previously, this proposed 

determination, if made final, would not 

establish any testing requirements or 

energy conservation standards for 

portable electric spas that would be 

subject to the PRA. 

D. Review Under the National 

Environmental Policy Act of 1969 

DOE is analyzing this proposed 

determination in accordance with the 

National Environmental Policy Act 

(‘‘NEPA’’) and DOE’s NEPA 

implementing regulations (10 CFR part 

1021). DOE’s regulations include a 

categorical exclusion for rulemakings 

that are strictly procedural. 10 CFR part 

1021, subpart D, appendix A6. DOE 

anticipates that this rulemaking 

qualifies for categorical exclusion A6 


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because it is a strictly procedural 

rulemaking and otherwise meets the 

requirements for application of a 

categorical exclusion. See 10 CFR 

1021.410. DOE will complete its NEPA 

review before issuing the final 

determination. 

E. Review Under Executive Order 13132 

E.O. 13132, ‘‘Federalism’’ 64 FR 

43255 (Aug. 10, 1999), imposes certain 

requirements on federal agencies 

formulating and implementing policies 

or regulations that preempt state law or 

that have federalism implications. The 

Executive order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive order also requires agencies to 

have an accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process that it will follow 

in the development of such regulations. 

65 FR 13735. DOE has examined this 

proposed determination and had 

tentatively determined that it would not 

have a substantial direct effect on the 

States, on the relationship between the 

Federal government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. DOE notes, 

however, that if the agency determines 

that the products at issue in today’s 

proposed determination are covered and 

energy conservation standards are 

subsequently promulgated for these 

products, any existing State standards 

would be preempted by EPCA. EPCA 

governs and prescribes Federal 

preemption of State regulations as to 

energy conservation for the products 

that are the subject of this proposed 

determination. States can petition DOE 

for exemption from such preemption to 

the extent, and based on criteria, set 

forth in EPCA. (42 U.S.C. 6297) 

Therefore, no further action is required 

by E.O. 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of E.O. 

12988, ‘‘Civil Justice Reform,’’ imposes 

on federal agencies the general duty to 

adhere to the following requirements: 

(1) Eliminate drafting errors and 

ambiguity, (2) write regulations to 

minimize litigation, (3) provide a clear 

legal standard for affected conduct 

rather than a general standard, and (4) 

promote simplification and burden 

reduction. 61 FR 4729 (Feb. 7, 1996). 

Regarding the review required by 

section 3(a), section 3(b) of E.O. 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any, to 

be given to the law (2) clearly specifies 

any effect on existing Federal law or 

regulation, (3) provides a clear legal 

standard for affected conduct, (4) 

specifies the retroactive effect, if any, to 

be given to the law, (5) defines key 

terms, either explicitly or by reference 

to other statues that explicitly define 

those terms, and (6) addresses other 

important issues affecting clarity and 

general draftsmanship of legislation 

under any guidelines issued by the 

Attorney General. Section 3(c) of E.O. 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

those standards. DOE completed the 

required review and determined that, to 

the extent permitted by law, this 

proposed determination meets the 

relevant standards of E.O. 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

201 (codified at 2 U.S.C. 1531). For a 

proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

The UMRA requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirement that might significantly 

or uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. DOE’s policy 

statement is also available at 

www.energy.gov/sites/prod/files/gcprod/ 

documents/umra_97.pdf. 

DOE examined this proposed 

determination according to UMRA and 

its statement of policy and determined 

that the proposed determination does 

not contain a Federal intergovernmental 

mandate, nor is it expected to require 

expenditures of $100 million or more in 

any one year by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector. As a result, the analytical 

requirements of UMRA do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act of 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

proposed determination would not have 

any impact on the autonomy or integrity 

of the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

Pursuant to E.O. 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights’’ 53 FR 8859 (Mar. 15, 1988), 

DOE has determined that this proposed 

determination would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act of 2001 

Section 515 of the Treasury and 

General Government Appropriation Act, 

2001 (44 U.S.C. 3516, note) provides for 

Federal agencies to review most 

disseminations of information to the 

public under information quality 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (Feb. 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (Oct. 7, 2002). Pursuant to 

OMB Memorandum M–19–15, 

Improving Implementation of the 

Information Quality Act (April 24, 

2019), DOE published updated 

guidelines which are available at 

www.energy.gov/sites/prod/files/2019/ 

12/f70/DOE%20Final%20Updated

%20IQA%20Guidelines

%20Dec%202019.pdf. DOE has 

reviewed this proposed determination 

under the OMB and DOE guidelines and 

has concluded that it is consistent with 

applicable policies in those guidelines. 


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Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Proposed Rules 8751 

K. Review Under Executive Order 13211 

E.O. 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use,’’ 66 

FR 28355 (May 22, 2001), requires 

Federal agencies to prepare and submit 

to the Office of Information and 

Regulatory Affairs (‘‘OIRA’’) at OMB a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to 

promulgation of a final rule, and that (1) 

is a significant regulatory action under 

E.O. 12866, or any successor Executive 

order; and (2) is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy; or (3) is 

designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This proposed determination to 

classify portable electric spas as covered 

products is not a significant regulatory 

action under Executive Order 12866. 

Moreover, it would not have a 

significant adverse effect on the supply, 

distribution, or use of energy, nor has it 

been designated as such by the 

Administrator of OIRA. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

L. Information Quality 

On December 16, 2004, OMB, in 

consultation with the Office of Science 

and Technology Policy (‘‘OSTP’’), 

issued its Final Information Quality 

Bulletin for Peer Review (‘‘the 

Bulletin’’). 70 FR 2664 (Jan. 14, 2005). 

The Bulletin establishes that certain 

scientific information shall be peer 

reviewed by qualified specialists before 

it is disseminated by the Federal 

Government, including influential 

scientific information related to agency 

regulatory actions. The purpose of the 

Bulletin is to enhance the quality and 

credibility of the Government’s 

scientific information. DOE has 

determined that the analyses conducted 

for this proposed determination do not 

constitute ‘‘influential scientific 

information,’’ which the Bulletin 

defines as ‘‘scientific information the 

agency reasonably can determine will 

have or does have a clear and 

substantial impact on important public 

policies or private sector decisions.’’ 70 

FR 2667 (Jan. 14, 2005). The analyses 

were subject to pre-dissemination 

review prior to issuance of this 

proposed determination. 

VI. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this notification 

of proposed determination no later than 

the date provided at the DATES section 

at the beginning of this document. 

Interested parties may submit 

comments, data, and other information 

using any of the methods described in 

the ADDRESSES section at the beginning 

of this document. 

Submitting comments via 

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 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Otherwise, persons viewing comments 

will see only first and last names, 

organization names, correspondence 

containing comments, and any 

documents submitted with the 

comments. 

Do not submit information to 

www.regulations.gov 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. Anyone 

submitting comments through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through 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. 

Comments and documents submitted 

via email 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. With this 

instruction followed, the cover letter 

will not be publicly viewable as long as 

it does not include any comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. Facsimile 

submissions will not be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, or text (ASCII) file format. 

Provide documents that are not secured, 

that are written in English, and that are 

free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, they should carry the 

electronic signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email two well-marked 

copies: One copy of the document 

marked ‘‘confidential’’ including all the 

information believed to be confidential, 

and one copy of the document marked 

‘‘non-confidential’’ with the information 

believed to be confidential deleted. DOE 

will make its own determination about 

the confidential status of the 

information and treat it according to its 

determination. 

It is DOE policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 


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8752 Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Proposed Rules 

information deemed to be exempt from 

public disclosure). 

B. Issues on Which DOE Seeks 

Comments 

DOE welcomes comments on all 

aspects of this proposed determination. 

DOE is particularly interested in 

receiving comments and views of 

interested parties concerning the 

following issues: 

• Proposed definition and scope of 

coverage of portable electric spas; 

• Data and information regarding 

current annual shipments of portable 

electric spas and the installed base of 

portable electric spas, specifying the 

scope of products included in any such 

estimates (e.g., standard, exercise, 

combination, inflatable, etc.); 

• Availability or lack of availability of 

technologies for improving energy 

efficiency of portable electric spas; 

• Data and information regarding 

annual energy use estimates for portable 

electric spas; 

• Whether classifying portable 

electric spas as a covered product is 

necessary or appropriate to carry out the 

purposes of EPCA; and 

• Whether the average annual perhousehold energy use by portable 

electric spas is likely to exceed 100 kWh 

per year. 

DOE is interested in receiving views 

concerning other relevant issues that 

participants believe would affect its 

ability to establish test procedures and 

energy conservation standards for 

portable electric spas. 

After the expiration of the period for 

submitting written statements, DOE will 

consider all comments and additional 

information that is obtained from 

interested parties or through further 

analyses, and it will prepare a final 

determination. 

VII. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notification of 

proposed determination. 

Signing Authority 

This document of the Department of 

Energy was signed on February 9, 2022, 

by Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on February 10, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–03190 Filed 2–15–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0022; Project 

Identifier AD–2020–01264–A] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed rule; correction. 

SUMMARY: The FAA is correcting a 

notice of proposed rulemaking (NPRM) 

that published in the Federal Register. 

The NPRM proposed to issue an 

airworthiness directive (AD) that would 

apply to certain Piper Aircraft, Inc., 

(Piper) Model PA–34–200 airplanes. As 

published, the docket number 

referenced throughout is incorrect. This 

document corrects that error. In all other 

respects, the original document remains 

the same; however, for clarity, the FAA 

is publishing the entire proposed rule in 

the Federal Register. 

DATES: The last date for submitting 

comments on the NPRM (87 FR 6089, 

February 3, 2022) remains March 21, 

2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Piper Aircraft, Inc., 

2926 Piper Drive, Vero Beach, FL, 

32960; phone: (772) 299–2141; website: 

https://www.piper.com. You may view 

this service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0022; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains the 

NPRM, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: John 

Marshall, Aviation Safety Engineer, 

Atlanta ACO Branch, FAA, 1701 

Columbia Avenue, College Park, GA 

30337; phone: (404) 474–5524; email: 

john.r.marshall@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0022; Project Identifier AD– 

2020–01264–A’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about the NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 


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