[Federal Register Volume 85, Number 112 (Wednesday, June 10, 2020)]
[Proposed Rules]
[Pages 35394-35398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12437]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2020-BT-STD-0014]
RIN 1904-AE68


Energy Conservation Program: Energy Conservation Standards for 
Certain Commercial and Industrial Equipment; Early Assessment Review; 
Refrigerated Bottled or Canned Beverage Vending Machines

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information (``RFI'').

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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an 
early assessment review for amended energy conservation standards for 
Refrigerated Bottled or Canned Beverage Vending Machines (``beverage 
vending machines'') to determine whether to amend applicable energy 
conservation standards for this equipment. Specifically, through this 
request for information (``RFI''), DOE seeks data and information that 
could enable the agency to determine whether DOE should propose a ``no-
new-standard'' determination because a more-stringent standard: Would 
not result in a significant savings of energy; is not technologically 
feasible; is not economically justified; or any combination of the 
foregoing. DOE welcomes written comments from the public on any subject 
within the scope of this document (including those topics not 
specifically raised in this RFI), as well as the submission of data and 
other relevant information concerning this early assessment review.

DATES: Written comments and information are requested and will be 
accepted on or before August 10, 2020.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2020-BT-
STD-0014, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket number EERE-
2020-BT-STD-0014 in the subject line of the message.
    3. 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.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, 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 telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is

[[Page 35395]]

available for review at http://www.regulations.gov. All documents in 
the docket are listed in the http://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: http://www.regulations.gov/docket?D=EERE-2020-BT-STD-0014. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section III for information on how to submit 
comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, 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) 287-1943. Email: 
[email protected].
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-1777. Email: [email protected].
    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: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority
    B. Rulemaking History
II. Request for Information
    A. Significant Savings of Energy
    B. Technological Feasibility
    C. Economic Justification
III. Submission of Comments

I. Introduction

    DOE has established an early assessment review process to conduct a 
more focused analysis of a specific set of facts or circumstances that 
would allow DOE to determine that, based on one or more statutory 
criteria, a new or amended energy conservation standard is not 
warranted. The purpose of this review is to limit the resources, from 
both DOE and stakeholders, committed to rulemakings that will not 
satisfy the requirements in EPCA that a new or amended energy 
conservation standard save a significant amount of energy, and be 
economically justified and technologically feasible. See 85 FR 8626, 
8653-8654 (Feb. 14, 2020).
    As part of the early assessment, DOE publishes a RFI in the Federal 
Register, announcing that DOE is considering initiating a rulemaking 
proceeding and soliciting comments, data, and information on whether a 
new or amended energy conservation standard would save a significant 
amount of energy and be technologically feasible and economically 
justified. Based on the information received in response to the RFI and 
DOE's own analysis, DOE will determine whether to proceed with a 
rulemaking for a new or amended energy conservation standard.
    If DOE makes an initial determination based upon available evidence 
that a new or amended energy conservation standard would not meet the 
applicable statutory criteria, DOE would engage in notice and comment 
rulemaking before issuing a final determination that new or amended 
energy conservation standards are not warranted. Conversely, if DOE 
makes an initial determination that a new or amended energy 
conservation standard would satisfy the applicable statutory criteria 
or DOE's analysis is inconclusive, DOE would undertake the preliminary 
stages of a rulemaking to issue a new or amended energy conservation 
standard. Beginning such a rulemaking, however, would not preclude DOE 
from later making a determination that a new or amended energy 
conservation standard cannot satisfy the requirements in EPCA, based 
upon the full suite of DOE's analyses. See 85 FR 8626, 8654 (Feb. 14, 
2020).

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
among other things, 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. 
These products include beverage vending machines, the subject of this 
document. (42 U.S.C. 6291(40); 42 U.S.C. 6295(v)) \3\ EPCA directed DOE 
to prescribe energy conservation standards for beverage vending 
machines not later than 4 years after August 8, 2005. (42 U.S.C. 
6295(v)(1))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ Because Congress included beverage vending machines in Part 
B of Title III of EPCA, the consumer product provisions of Part B of 
Title III of EPCA (rather than the industrial equipment provisions 
of Part C) apply to beverage vending machines. DOE placed the 
regulatory requirements specific to beverage vending machines in 
title 10 of the Code of Federal Regulations (``CFR'') part 431, 
``Energy Efficiency Program for Certain Commercial and Industrial 
Equipment'' as a matter of administrative convenience based on their 
type and refers to beverage vending machines as ``equipment'' 
throughout this document because of their placement in 10 CFR part 
431. DOE has maintained use of the term ``product'' as appropriate 
when referring to the statutory consumer product provisions of EPCA 
that are applicable to beverage vending machines. Despite the 
placement of beverage vending machines in 10 CFR part 431, the 
relevant provisions of Part B of Title III of EPCA and 10 CFR part 
430, which are applicable to all product types specified in Part B 
of Title III of EPCA, are applicable to beverage vending machines. 
See 74 FR 44914, 44917 (Aug. 31, 2009) and 81 FR 1028, 1029 (Jan. 8, 
2016). The regulatory provisions of 10 CFR 430.33 and 10 CFR 430.34 
and subparts D and E of 10 CFR part 430 are applicable to beverage 
vending machines.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 
6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 
6294), energy conservation standards (42 U.S.C. 6295), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal 
preemption in limited instances for particular State laws or 
regulations, in accordance with the procedures and other provisions set 
forth under 42 U.S.C. 6297(d).
    EPCA requires that, not later than 6 years after the issuance of 
any final rule establishing or amending a standard, DOE evaluate the 
energy conservation standards for each type of covered product, 
including those at issue here, and publish either a notice of 
determination that the standards do not need to be amended, or a NOPR 
that includes new proposed energy conservation standards (proceeding to 
a final rule, as appropriate). (42 U.S.C. 6295(m)(1)) In making a 
determination that the standards do not need to be amended, DOE must 
evaluate whether amended standards (1) will result in significant 
conservation of energy, (2) are technologically feasible, and (3) are 
cost effective as described under 42 U.S.C. 6295(o)(2)(B)(i)(II). (42 
U.S.C.

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6295(m)(1)(A); 42 U.S.C. 6295(n)(2)) Under 42 U.S.C. 
6295(o)(2)(B)(i)(II), DOE must determine whether the benefits of a 
standard exceed its burdens by, to the greatest extent practicable, 
considering the savings in operating costs throughout the estimated 
average life of the covered product in the type (or class) compared to 
any increase in the price of, or in the initial charges for, or 
maintenance expenses of, the covered product which are likely to result 
from the imposition of the standard. If DOE determines not to amend a 
standard based on the statutory criteria, not later than 3 years after 
the issuance of a final determination not to amend standards, DOE must 
publish either a notice of determination that standards for the product 
do not need to be amended, or a NOPR including new proposed energy 
conservation standards (proceeding to a final rule, as appropriate). 
(42 U.S.C. 6295(m)(3)(B)) DOE must make the analysis on which a 
determination is based publicly available and provide an opportunity 
for written comment. (42 U.S.C. 6295(m)(2))
    In proposing new standards, DOE must evaluate that proposal against 
the criteria of 42 U.S.C. 6295(o) and follow the rulemaking procedures 
set out in 42 U.S.C. 6295(p). (42 U.S.C. 6295(m)(1)(B)) If DOE decides 
to amend the standard based on the statutory criteria, DOE must publish 
a final rule not later than 2 years after energy conservation standards 
are proposed. (42 U.S.C. 6295(m)(3)(A))

B. Rulemaking History

    In 2009, DOE established initial energy conservation standards for 
beverage vending machines manufactured on or after August 31, 2012. 74 
FR 44914 (August 8, 2009) (the ``August 2009 Final Rule''). Standards 
were established for two classes of beverage vending machines, Class A 
and Class B beverage vending machines,\4\ and set maximum daily energy 
consumption limits (in kilowatt-hours per day) based on refrigerated 
volume. Id.
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    \4\ DOE defined Class A as a refrigerated bottled or canned 
beverage vending machine that is fully cooled, and is not a 
combination vending machine; and Class B as any refrigerated bottled 
or canned beverage vending machine not considered to be Class A, and 
is not a combination vending machine. 74 FR 44914, 44924. DOE 
defined a ``combination vending machine'' as a refrigerated bottled 
or canned beverage vending machine that also has non-refrigerated 
volumes for the purpose of vending other, non-``sealed beverage'' 
merchandise.'' 74 FR 44914, 44967.
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    On January 8, 2016, DOE published a final rule establishing new and 
amended standards for beverage vending machines. 81 FR 1028 (the 
``January 2016 Final Rule''). DOE amended the standards for Class A and 
Class B beverage vending machines, and established standards for two 
new classes: Combination A and Combination B beverage vending 
machines.\5\ 81 FR 1028, 1113. Compliance with the new and amended 
energy conservation standards is required for beverage vending machines 
manufactured on or after January 8, 2019. Id.
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    \5\ DOE currently defines Class A as a refrigerated bottled or 
canned beverage vending machine that is not a combination vending 
machine and in which 25 percent or more of the surface area on the 
front side of the beverage vending machine is transparent; Class B 
as a refrigerated bottled or canned beverage vending machine that is 
not considered to be Class A and is not a combination vending 
machine; Combination A as a combination vending machine where 25 
percent or more of the surface area on the front side of the 
beverage vending machine is transparent; Combination B as a 
combination vending machine that is not considered to be Combination 
A; and ``combination vending machine'' as a bottled or canned 
beverage vending machine containing two or more compartments 
separated by a solid partition, that may or may not share a product 
delivery chute, in which at least one compartment is designed to be 
refrigerated, as demonstrated by the presence of temperature 
controls, and at least one compartment is not. 10 CFR 431.292.
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    The new and amended energy conservation standards published in the 
January 2016 final rule, which are the current standards, are located 
at 10 CFR 431.296(b). The currently applicable DOE test procedures for 
beverage vending machines appear at 10 CFR 431.294.

II. Request for Information

    DOE is publishing this RFI to collect data and information during 
the early assessment review to inform its decision, consistent with its 
obligations under EPCA, as to whether the Department should proceed 
with an energy conservation standards rulemaking. Accordingly, in the 
following sections, DOE has identified specific issues on which it 
seeks input to aid in its analysis of whether an amended standard for 
beverage vending machines would not save a significant amount of energy 
or be technologically feasible or economically justified. In 
particular, DOE is interested in any information indicating that there 
has not been sufficient technological or market changes since DOE last 
conducted an energy conservation standards rulemaking analysis for 
beverage vending machines to suggest a more-stringent standard could 
satisfy these criteria. DOE also welcomes comments on other issues 
relevant to its early assessment that may not specifically be 
identified in this document.

A. Significant Savings of Energy

    On January 8, 2016, DOE established energy conservation standards 
for beverage vending machines that are expected to result in 0.044 
quads of site energy savings and 16 percentage reduction in site energy 
use over a 30-year period. 81 FR 1028, 1030. Additionally, in the 
January 2016 Final Rule, DOE estimated that an energy conservation 
standard established at an energy use level equivalent to that achieved 
using the maximum available technology (``max-tech'') would have 
resulted in 0.084 additional quads of savings. 81 FR 1028, 1096. This 
represents a 36 percent reduction in energy use compared to the 
estimated national energy use at the established energy conservation 
standard level. If DOE determines that a more-stringent energy 
conservation standard would not result in an additional 0.3 quad of 
site energy savings or an additional 10-percent reduction in site 
energy use over a 30-year period, DOE would propose to make a no-new-
standards determination. DOE seeks comment on energy savings that could 
be expected from more-stringent standards for beverage vending 
machines.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following.
    Issue 1: DOE seeks information on whether the analysis from the 
January 2016 Final Rule is applicable to the current beverage vending 
machine market. Specifically, DOE requests comment on whether the 
previous estimates of energy savings at the max-tech energy use level 
represent the savings that would be realized were DOE to establish 
future amended energy conservation standards at that level.
    Issue 2: DOE seeks information on the January 2016 Final Rule 
analysis resulting in the energy savings estimates. Specifically, DOE 
requests comment and data on updates to the relevant analysis inputs, 
including stock of beverage vending machines, shipments, efficiency 
distributions, and the incorporation of various refrigerants in the 
beverage vending machine market. DOE also requests data on market share 
by equipment class and refrigerant.

B. Technological Feasibility

    During the January 2016 Final Rule, DOE considered a number of 
technology options that manufacturers could use to reduce energy 
consumption in beverage vending machines. DOE seeks comment on any 
changes to these technology

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options that could affect whether DOE could propose a ``no-new-
standards'' determination, such as an insignificant increase in the 
range of efficiencies and performance characteristics of these 
technology options. DOE also seeks comment on whether there are any 
other technology options that DOE should consider in its analysis.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following.
    Issue 3: DOE requests feedback on whether the use of alternative 
refrigerants could impact: Beverage vending machine efficiencies, the 
viability or efficiency of other technology options incorporated into 
the equipment (e.g., refrigeration system components, additional 
sensing/safety components), the availability of equipment features, or 
consumer utility.

C. Economic Justification

    In determining whether a proposed energy conservation standard is 
economically justified, DOE analyzes, among other things, the potential 
economic impact on consumers, manufacturers, and the Nation. DOE seeks 
comment on whether there are economic barriers to the adoption of more-
stringent TSLs. DOE also seeks comment and data on any other aspects of 
its economic justification analysis from the January 2016 Final Rule 
that may indicate whether a more-stringent energy conservation standard 
would not be economically justified or cost effective.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by August 
10, 2020, comments and information on matters addressed in this notice 
and on other matters relevant to DOE's early assessment of whether 
more-stringent energy conservation standards are not warranted for 
beverage vending machines.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires 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. If this instruction is followed, 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 http://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 
http://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 http://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 http://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 http://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. 
Faxes will not 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, written in English, and 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, postal mail, or hand delivery/courier 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. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    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).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].

[[Page 35398]]

Signing Authority

    This document of the Department of Energy was signed on May 8, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, 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 June 4, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-12437 Filed 6-9-20; 8:45 am]
BILLING CODE 6450-01-P