The Department of Energy (DOE) is considering whether to cover portable electric spas as a consumer product type. To do so, DOE must determine whether the applicable criteria under 42 U.S.C. 6292(b)(1) have been met. Subsequently, if DOE determines it appropriate to designate portable electric spas as covered products, DOE may set energy conservation standards for such products, subject to the provisions in 42 U.S.C. 6295(o) and (p), provided that DOE first determines that the four additional criteria at 42 U.S.C. 6295(l) have been met.