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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4605-4607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00816]

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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.

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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: [email protected]. 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: [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) 586-4798. Email: 
[email protected].
    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: [email protected].

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

[[Page 4606]]

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'').
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    \1\ 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.
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    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.

[[Page 4607]]

    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
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