[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].
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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