Under the Energy Policy and Conservation Act (“EPCA”), DOE adds consumer products to the list of covered products for which energy conservation standards are established. In 2022, DOE determined that portable electric spas (“PESs”) qualify as covered products. DOE now proposes, and solicits comments on, withdrawing that determination. DOE states that it has reevaluated the 2022 decision, “and has tentatively determined that there are other avenues to conserve energy supplies than classifying PESs as a covered product and establishing standards.” DOE justifies this reevaluation by citing the Secretary’s discretion under 42 U.S.C. 6292(b), which states that the Secretary “may” determine whether a product should be covered under EPCA.