Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4605 

efficacy by calculating the initial lamp 

efficacy for each lamp and calculating the 

average. 

3.2.3. Determine power factor by dividing 

the measured initial input power (watts) by 

the product of the measured input voltage 

(volts) and measured input current (amps). 

Per section 3.1.4, if multiple lamps were 

operated on the same ballast or external LED 

driver, determine the power factor by 

calculating the power factor for each lamp 

and calculating the average. 

3.3. Standby Mode Test Procedure 

3.3.1. Measure standby mode power only 

for lamps that are capable of standby mode 

operation. 

3.3.2. The test conditions and setup 

described in section 3.1 of this appendix 

apply to this section. 

3.3.3. Connect the lamp to the 

manufacturer-specified wireless control 

network (if applicable) and configure the 

lamp in standby mode by sending a signal to 

the lamp instructing it to have zero light 

output. Lamp must remain connected to the 

network throughout testing. 

3.3.4. Operate the lamp at the rated voltage 

throughout testing. For lamps with multiple 

rated voltages including 120 volts, operate 

the lamp at 120 volts. If a lamp is not rated 

for 120 volts, operate the lamp at the highest 

rated input voltage. 

3.3.5. Stabilize the lamp prior to 

measurement as specified in section 5 of IEC 

62301–DD (incorporated by reference; see 

§ 430.3). 

3.3.6. Measure the standby mode power in 

watts as specified in section 5 of IEC 62301– 

DD (incorporated by reference; see § 430.3). 

[FR Doc. 2025–00821 Filed 1–15–25; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2022–BT–STD–0025] 

RIN 1904–AF36 

Energy Conservation Program: Energy 

Conservation Standards for Portable 

Electric Spas 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of data availability. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is publishing this 

notice of data availability (‘‘NODA’’) 

regarding certain data and analytical 

results being made available related to 

DOE’s evaluation of potential energy 

conservation standards for portable 

electric spas (‘‘PESs’’). 

DATES: Written comments and 

information will be accepted on or 

before, February 18, 2025. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov, under docket 

number EERE–2022–BT–STD–0025. 

Follow the instructions for submitting 

comments. Alternatively, interested 

persons may submit comments, 

identified by docket number EERE– 

2022–BT–STD–0025, by any of the 

following methods: 

Email: 

PortableElecSpas2022STD0025@

ee.doe.gov. Include the docket number 

EERE–2022–BT–STD–0025 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 

IV of this document. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, and other 

supporting documents/materials, 

including the data and analytical results 

being released with this notice, is 

available for review at 

www.regulations.gov. The data and 

analytical results being made available 

with this NODA is available on the 

docket and consist of: (1) a report titled 

NODA Support Document, and (2) 

accompanying spreadsheet-based 

analytical tools respectively 

corresponding to the Life-Cycle Cost 

and Payback Period Analysis, the 

National Impact Analysis, and the 

Manufacturer Impact Analysis. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. The docket web page can be 

found at www.regulations.gov/docket/ 

EERE-2022-BT-STD-0025. The docket 

web page contains instructions on how 

to access all documents, including 

public comments, in the docket. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Carl Shapiro, 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) 287– 

5649. 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) 586–4798. 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 the public meeting, contact the 

Appliance and Equipment Standards 

Program staff at (202) 287–1445 or by 

email: ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

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 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.’’ 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. (42 U.S.C. 6292(b)). 

On September 2, 2022, in a final 

determination published in the Federal 

Register (‘‘September 2022 NOFD’’), 

DOE determined that PESs meet the 

criteria for classification as a covered 

product pursuant to EPCA and 

classified PESs as a covered product. 87 

FR 54123. In the September 2022 NOFD, 

DOE established a definition of 

‘‘portable electric spa,’’ which was ‘‘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.’’ Id. at 87 FR 54125; see also 

10 CFR 430.2. 

Following this determination of 

coverage, DOE published a test 

procedure (‘‘TP’’) final rule for PESs in 

the Federal Register on June 13, 2023 

(‘‘June 2023 TP Final Rule’’). 88 FR 

38600. In the June 2023 TP Final Rule, 

DOE incorporated by reference an 

industry test method published by the 


ddrumheller on DSK120RN23PROD with RULES1
4606 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

1The 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. 

Pool and Hot Tub Alliance (‘‘PHTA’’) 1

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 

(‘‘APSP–14 2019’’) with certain 

exceptions and additions. 88 FR 38600, 

38607–38619. The June 2023 TP Final 

Rule finalized a measure of the energy 

consumption of PESs (i.e., the 

normalized average standby loss) 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. Id. at 88 FR 38600. The DOE test 

procedure for PESs appears at title 10 of 

the Code of Federal Regulations (‘‘CFR’’) 

part 430, subpart B, appendix GG 

(‘‘appendix GG’’). 

In a NODA published on November 

17, 2022 (‘‘November 2022 NODA’’), 

DOE published data and certain 

preliminary analytical results related to 

DOE’s evaluation of potential energy 

conservation standards for PESs. 87 FR 

69082. 

DOE has considered comments 

received to date as part of the September 

2022 NOFD, November 2022 NODA, 

and June 2023 TP Final Rule and has 

performed an updated evaluation of 

potential energy conservation standards 

informed by some of those comments, 

the results of which are presented and 

discussed in a support document 

accompanying this NODA (‘‘NODA 

Support Document’’). The NODA 

Support Document is a composite of 

various analyses, including results and 

their methodological descriptions, 

related to evaluating potential energy 

conservation standards for portable 

electric spas from several perspectives. 

Those analyses respectively focus on 

specific considerations of that 

evaluation. For example, the Life-Cycle 

Cost and Payback Period Analysis 

quantifies the economic effects of 

various potential standard levels on 

individual consumers, while the 

Manufacturer Impact Analysis 

quantifies the effects of potential energy 

conservation standards on the finances 

and profitability of manufacturers of 

portable electric spas. Collectively, 

these analysis of the NODA Support 

Document form a comprehensive basis 

for consideration of various potential 

energy conservation standard levels. A 

list of topics included in the NODA 

Support Document can be found in 

chapter 1 of the NODA Support 

Document. 

Public Participation 

DOE will accept comments, data, and 

information regarding this NODA no 

later than the date provided in the DATES

section at the beginning of this NODA. 

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 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 

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 in 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, 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. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4607 

1See Safety and Soundness Act, 12 U.S.C. 4513 

and 4631–4641. 

2 Id. 

3See 12 CFR part 1209. 

4See 12 CFR part 1250. 

5See generally, 31 U.S.C. 3801 et seq. 

6See 28 U.S.C. 2461 note. 

7FHFA promulgated its catch-up adjustment of 

its CMPs with an interim final rule published July 

1, 2016. 81 FR 43028. 

8FHFA promulgated its most recent annual 

adjustment of its CMP with a final rule published 

January 18, 2024. 89 FR 3331. 

9See, e.g., 12 CFR 1209.7(c); FHFA Enforcement 

Policy, AB 2013–03 (May 31, 2013). 

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). 

Signing Authority 

This document of the Department of 

Energy was signed on January 10, 2025, 

by Jeffrey Marootian, 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 January 10, 

2025. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2025–00816 Filed 1–15–25; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Parts 1209, 1217, and 1250 

RIN 2590–AB45 

Rules of Practice and Procedure; Civil 

Money Penalty Inflation Adjustment 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Final rule. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) is adopting this final 

rule amending its Rules of Practice and 

Procedure and other agency regulations 

to adjust each civil money penalty 

within its jurisdiction to account for 

inflation, pursuant to the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015. 

DATES: Effective January 16, 2025, and 

applicable beginning January 15, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Frank R. Wright, Assistant General 

Counsel, at (202) 649–3087, 

Frank.Wright@fhfa.gov (not a toll-free 

number); Federal Housing Finance 

Agency, 400 7th Street SW, Washington, 

DC 20219. For TTY/TRS users with 

hearing and speech disabilities, dial 711 

and ask to be connected to any of the 

contact numbers above. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FHFA is an independent agency of the 

Federal government, and the financial 

safety and soundness regulator of the 

Federal National Mortgage Association 

(Fannie Mae) and the Federal Home 

Loan Mortgage Corporation (Freddie 

Mac) (collectively, the Enterprises), as 

well as the Federal Home Loan Banks 

(collectively, the Banks) and the Office 

of Finance under authority granted by 

the Federal Housing Enterprises 

Financial Safety and Soundness Act of 

1992 (Safety and Soundness Act).1

FHFA oversees the Enterprises and 

Banks (collectively, the regulated 

entities) and the Office of Finance to 

ensure that they operate in a safe and 

sound manner and maintain liquidity in 

the housing finance market in 

accordance with applicable laws, rules 

and regulations. To that end, FHFA is 

vested with broad supervisory 

discretion and specific civil 

administrative enforcement powers, 

similar to such authority granted by 

Congress to the Federal bank regulatory 

agencies.2 Section 1376 of the Safety 

and Soundness Act (12 U.S.C. 4636) 

empowers FHFA to impose civil money 

penalties under specific conditions. 

FHFA’s Rules of Practice and Procedure 

(12 CFR part 1209) (the Enforcement 

regulations) govern cease and desist 

proceedings, civil money penalty 

assessment proceedings, and other 

administrative adjudications.3 FHFA’s 

Flood Insurance regulation (12 CFR part 

1250) governs flood insurance 

responsibilities as they pertain to the 

Enterprises.4 FHFA’s Implementation of 

the Program Fraud Civil Remedies Act 

of 1986 regulation (12 CFR part 1217) 

sets forth procedures for imposing civil 

penalties and assessments under the 

Program Fraud Civil Remedies Act (31 

U.S.C. 3801 et seq.) on any person that 

makes a false claim for property, 

services or money from FHFA, or makes 

a false material statement to FHFA in 

connection with a claim, where the 

amount involved does not exceed 

$150,000.5

The Adjustment Improvements Act 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Inflation 

Adjustment Act), as amended by the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Adjustment Improvements Act), 

requires FHFA, as well as other federal 

agencies with the authority to issue civil 

money penalties (CMPs), to adjust by 

regulation the maximum amount of each 

CMP authorized by law that the agency 

has jurisdiction to administer.6 The 

Adjustment Improvements Act required 

agencies to make an initial ‘‘catch-up’’ 

adjustment of their CMPs upon the 

statute’s enactment,7 and further 

requires agencies to make additional 

adjustments on an annual basis 

following the initial adjustment.8

The Adjustment Improvements Act 

sets forth the formula that agencies must 

apply when making annual adjustments, 

based on the percent change between 

the October Consumer Price Index for 

All Urban Consumers (the CPI–U) 

preceding the date of the last adjustment 

and the October CPI–U for the year 

before that. 

II. Description of the Rule 

This final rule adjusts the maximum 

penalty amount within each of the three 

tiers specified in 12 U.S.C. 4636 by 

amending the table contained in 12 CFR 

1209.80 of the Enforcement regulations 

to reflect the new adjusted maximum 

penalty amount that FHFA may impose 

upon a regulated entity or any entityaffiliated party within each tier. The 

increases in maximum penalty amounts 

contained in this final rule may not 

necessarily affect the amount of any 

CMP that FHFA may seek for a 

particular violation, which may not be 

the maximum that the law allows; 

FHFA would calculate each CMP on a 

case-by-case basis in light of a variety of 

factors.9 This rule also adjusts the 

maximum penalty amounts for 

violations under the FHFA Flood 

Insurance regulation by amending the 

text of 12 CFR 1250.3 to reflect the new 

adjusted maximum penalty amount that 

FHFA may impose for violations under 

that regulation. This rule also adjusts 

the maximum amounts for civil money 

penalties under the Program Fraud Civil 

Remedies Act by amending the text of 

12 CFR 1217.3 to reflect the new 


ddrumheller on DSK120RN23PROD with RULES1