[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Proposed Rules]
[Pages 27054-27062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10448]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / 
Proposed Rules  

[[Page 27054]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2021-BT-TP-0007]
RIN 1904-AE67


Energy Conservation Program: Test Procedures 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.

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SUMMARY: The U.S. Department of Energy (``DOE'' or ``the Department'') 
is undertaking an early assessment review to determine whether 
amendments are warranted for the test procedure for refrigerated 
bottled or canned beverage vending machines (``BVMs''). DOE has 
identified certain issues associated with the currently applicable test 
procedure on which DOE is interested in receiving comment. The issues 
outlined in this document mainly concern updates to industry standards, 
test setup and conditions, product rating temperature, energy 
consumption calculations, operating modes, alternate refrigerants, and 
connected functions. DOE welcomes written comments from the public on 
any subject within the scope of this document, including topics not 
raised in this request for information (``RFI'').

DATES: Written comments and information are requested and will be 
accepted on or before June 18, 2021.

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-2021-BT-
TP-0007 and/or RIN 1904-AE67, 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-
2021-BT-TP-0007 and/or RIN 1904-AE67 in the subject line of the 
message.
    No telefacsimilies (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document (Submission of Comments).
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the Covid-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is 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/EERE-2021-BT-TP-0007. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket. See section III of this document 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. Scope and Definitions
    B. Test Procedure
     1. Updates to Industry Standards
     2. Ambient Test Conditions
     3. Test Procedure for Combination BVMs
     4. Characteristics of the Standard Product
     5. Lowest Application Product Temperature
     6. Payment Mechanisms
     7. Low Power Modes
     8. Reloading and Recovery Period
     9. Alternate Refrigerants
     10. Connected Functions
III. Submission of Comments

I. Introduction

    DOE established an early assessment review process to conduct a 
more focused analysis that would allow DOE to determine, based on 
statutory criteria, whether an amended test procedure is warranted. 
Title 10 of the Code of Federal Regulations (``CFR'') part 430 subpart 
C appendix A section 8(a). This RFI requests information and data 
regarding whether an amended test procedure would more accurately and 
fully comply with the requirement that the test procedure produce 
results that measure energy use during a representative average use 
cycle for the product, and not be unduly burdensome to conduct. To 
inform interested parties and to facilitate this process, DOE has 
identified several issues associated with the currently applicable test 
procedures on which DOE is interested in receiving

[[Page 27055]]

comment. Based on the information received in response to the early 
assessment RFI and DOE's own analysis, DOE will determine whether to 
proceed with a rulemaking for an amended test procedure.
    If DOE makes an initial determination that an amended test 
procedure would more accurately or fully comply with statutory 
requirements, or DOE's analysis is inconclusive, DOE would undertake a 
rulemaking to issue an amended test procedure. If DOE makes an initial 
determination based upon available evidence that an amended test 
procedure would not meet the applicable statutory criteria, DOE would 
engage in notice and comment rulemaking before issuing a final 
determination that an amended test procedure is not warranted.

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 BVMs, the subject of this document. (42 U.S.C. 
6295(v)) \3\
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ Because Congress included BVMs in Part A of Title III of 
EPCA, the consumer product provisions of Part A (rather than the 
industrial equipment provisions of Part A-1) apply to BVMs. DOE 
placed the regulatory requirements specific to BVMs in 10 CFR part 
431, ``Energy Efficiency Program for Certain Commercial and 
Industrial Equipment'' as a matter of administrative convenience 
based on their type and will refer to BVMs as ``equipment'' 
throughout this document because of their placement in 10 CFR part 
431. Despite the placement of BVMs in 10 CFR part 431, the relevant 
provisions of Title A of EPCA and 10 CFR part 430, which are 
applicable to all product types specified in Title A of EPCA, are 
applicable to BVMs. See 74 FR 44914, 44917 (Aug. 31, 2009) and 80 FR 
45758, 45759 (Jul. 31, 2015). The regulatory provisions of 10 CFR 
430.33 and 430.34 and subparts D and E of 10 CFR part 430 are 
applicable to BVMs. Because the procedures in Parts 430 and 431 for 
petitioning DOE for obtaining a test procedure waiver are 
substantively the same (79 FR 26591, 26601 (May 9, 2014)), the 
regulations for applying for a test procedure waiver for BVMs are 
those found at 10 CFR 431.401 rather than those found at 430.27.
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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).
    Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6295(s)), and (2) making representations about the efficiency of that 
equipment (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the product complies with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    If DOE determines that a test procedure amendment is warranted, it 
must publish proposed test procedures and offer the public an 
opportunity to present oral and written comments on them. (42 U.S.C. 
6293(b)(2))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, taking into consideration the 
most current versions of Standards 62301 and 62087 of the International 
Electrotechnical Commission (``IEC''), unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. (42 
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically 
infeasible, DOE must prescribe separate standby mode and off mode 
energy use test procedures for the covered product, if a separate test 
is technically feasible. (Id.)
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including BVMs, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not be 
unduly burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle. (42 U.S.C. 
6293(b)(1)(A)) If DOE determines, on its own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, DOE shall promptly publish in the Federal 
Register proposed test procedures and afford interested persons an 
opportunity to present oral and written data, views, and arguments with 
respect to such procedures. The comment period on a proposed rule to 
amend a test procedure shall be at least 60 days and may not exceed 270 
days. In prescribing or amending a test procedure, DOE shall take into 
account such information as DOE determines relevant to such procedure, 
including technological developments relating to energy use or energy 
efficiency of the type (or class) of covered product involved. (42 
U.S.C. 6293(b)(2)) If DOE determines that test procedure revisions are 
not appropriate, DOE must publish its determination not to amend the 
test procedures. DOE is publishing this RFI to collect data and 
information to inform its decision to satisfy the 7-year-lookback 
review requirement.

B. Rulemaking History

    On July 31, 2015, DOE published a test procedure final rule (the 
``July 2015 Final Rule'') that referenced updated industry test 
methods, improved clarity of the procedure, accounted for new equipment 
features, and reorganized the test procedure in 10 CFR part 431, 
subpart Q, appendix A (``Appendix A'') and 10 CFR part 431, subpart Q, 
Appendix B (``Appendix B''). The test procedure at Appendix B accounts 
for additional BVM operating modes and is mandatory for demonstrating 
compliance with the energy conservation standards in 10 CFR 431.296(b), 
which are required for BVMs manufactured on or after January 8, 2019. 
80 FR 45758; See also 81 FR 1028 (January 8, 2016). The specific 
amendments in the July 2015 Final Rule included, for both Appendix A 
and

[[Page 27056]]

Appendix B: (1) Updating the referenced test method to ANSI/ASHRAE 
Standard 32.1-2010,''Methods of Testing for Rating Vending Machines for 
Sealed Beverages,'' (``ANSI/ASHRAE Standard 32.1-2010''), (2) 
incorporating amendments to clarify several ambiguities in ANSI/ASHRAE 
Standard 32.1-2010, (3) eliminating the requirement to test at the 90-
degree Fahrenheit (``[deg]F'') ambient test condition, (4) clarifying 
the test procedure for combination vending machines, (5) clarifying the 
requirements for loading of BVMs under the DOE test procedure, (6) 
specifying the characteristics of a standard test package, (7) 
clarifying the average next-to-vend beverage temperature test 
condition, (8) specifying placement of thermocouples during the DOE 
test procedure, (9) establishing provisions for testing at the lowest 
application product temperature, (10) clarifying the treatment of 
certain accessories during the DOE test procedure, and (11) clarifying 
the certification and reporting requirements for covered BVMs. 80 FR 
45758, 45760. The July 2015 Final Rule also incorporated amendments in 
Appendix B to account for the impact of low-power modes on the measured 
daily energy consumption (``DEC'') of BVMs. Id.

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 amended test procedure rulemaking, and if so, to assist in the 
development of proposed amendments. Accordingly, in the following 
sections, DOE has identified specific issues on which it seeks input to 
aid in its analysis of whether an amended test procedure for BVMs would 
more accurately or fully comply with the requirement that the test 
procedure produces results that measure energy use during a 
representative average use cycle for the product, and not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE also welcomes 
comments on other issues relevant to its early assessment that may not 
specifically be identified in this document.

A. Scope and Definitions

    BVMs are commercial refrigerators (as defined at 10 CFR 431.62) 
that cool bottled or canned beverages and dispense the bottled or 
canned beverages on payment. 10 CFR 431.292. The defined equipment 
classes for BVMs include Class A, Class B, Combination A, and 
Combination B.
    Class A means a BVM 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 means a BVM that is not considered to be Class A and is not 
a combination vending machine.
    Combination A means a combination vending machine where 25 percent 
or more of the surface area on the front side of the beverage vending 
machine is transparent.\4\
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    \4\ As provided in 10 CFR 429.134(j)(2), the determination of 
percent transparent surface does not include the surface area 
surrounding any compartments that are not designed to be 
refrigerated (as demonstrated by the presence of temperature 
controls), whether or not it is transparent.
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    Combination B means a combination vending machine that is not 
considered to be Combination A.
    Combination vending machine means a BVM 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.
    Issue 1: DOE requests comment on whether the existing BVM and 
equipment class definitions require any further clarification. For 
example, DOE does not include a definition for the term ``dispense'' 
within the BVM definition. DOE requests information on whether it 
should define ``dispense'' to better differentiate between BVMs and 
other commercial refrigerators as defined in 10 CFR 431.62, and if so, 
DOE requests comment on what definition would be appropriate.
    Issue 2: DOE requests comment on whether the current definition for 
combination vending machine adequately differentiates between fully 
refrigerated BVMs and BVMs designed to have both refrigerated and non-
refrigerated compartments. For example, DOE seeks feedback on whether 
the presence of additional features (e.g., refrigerated airflow as 
indicated by the presence of air ducts or air deflectors) should be 
included in the definition of combination vending machine to determine 
whether a compartment is refrigerated. DOE also requests comment on 
whether the term ``solid partition'' in the definition of combination 
vending machine needs further specificity, and if so, what should be 
stated to further specify the term.
    Issue 3: DOE requests comment on whether any additional changes or 
clarifications are needed to the existing BVM equipment class 
definitions.
    Issue 4: DOE requests information on whether any additional BVM 
categories exist within the current equipment classes that would 
require separate or additional test provisions. If such equipment is 
identified, DOE requests comment on how the scope of the existing test 
procedure should be expanded to include these machines and whether 
additional test procedures would be needed to provide representative 
test results of such equipment.

B. Test Procedure

    DOE's current test procedure in Appendix B incorporates by 
reference ANSI/ASHRAE Standard 32.1-2010 and provides additional 
instructions and methods to address test setup, conduct, and 
calculations. The test procedure generally requires measuring BVM 
performance under stable conditions over a 24-hour test period, 
allowing the BVM to be in accessory low power mode for the final 6 
hours of the test period,\5\ if applicable. Section 2.2.3 and 2.2.4 of 
Appendix B. A default payment mechanism energy consumption value is 
added to the primary rated energy consumption per day.\6\ Section 
2.2.5.1 of Appendix B. If the BVM has refrigeration low power mode,\7\ 
the measured energy consumption is reduced by a fixed percentage.\8\ 
Section 2.3.2 of Appendix B. The test procedure also includes 
provisions for determining

[[Page 27057]]

refrigerated volume and vendible capacity. Section 3 of Appendix B.
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    \5\ ``Accessory low power mode'' means a state in which a 
beverage vending machine's lighting and/or other energy-using 
systems are in low power mode, but that is not a refrigeration low 
power mode. Functions that may constitute an accessory low power 
mode may include, for example, dimming or turning off lights, but 
does not include adjustment of the refrigeration system to elevate 
the temperature of the refrigerated compartment(s). Section 1.2, 
Appendix B.
    \6\ Section 2.2.5.1 of Appendix B defines a default payment 
mechanism energy consumption of 0.20 kWh/day.
    \7\ ``Refrigeration low power mode'' means a state in which a 
beverage vending machine's refrigeration system is in low power mode 
because of elevation of the temperature of the refrigerated 
compartment(s). To qualify as low power mode, the unit must satisfy 
the requirements described in section 2.3.2.1 of Appendix B. Section 
1.2, Appendix B.
    \8\ Section 2.3.2 of Appendix B specifies that for BVMs with a 
refrigeration low power mode, multiply the value determined in 
section 2.3.1 of Appendix B (which represents the sum of the default 
payment mechanism energy consumption value and the primary rated 
energy consumption per day) by 0.97 to determine the daily energy 
consumption of the unit tested. Section 2.3.2.1 of Appendix B 
provides a validation test method to verify the existence of a 
refrigeration low power mode.
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1. Updates to Industry Standards
    As discussed, DOE's BVM test procedure in Appendix B incorporates 
by reference ANSI/ASHRAE Standard 32.1-2010, which was the most current 
version of the industry standard available at the time of the July 2015 
Final Rule. DOE specifically references section 3, ``Definitions''; 
section 4, ``Instruments''; section 5, ``Vendible Capacity''; section 
6, ``Test Conditions''; section 7.1, ``Test Procedures--General 
Requirements''; and section 7.2, ``Energy Consumption Test'' of ANSI/
ASHRAE Standard 32.1-2010. Appendix B includes some exceptions to these 
references, and in cases of conflict between Appendix B language and 
the requirements of ANSI/ASHRAE Standard 32.1-2010, the language in 
Appendix B takes precedence. See section 1 of Appendix B.
    At the time of the July 2015 Final Rule analysis, DOE was aware of 
ongoing industry meetings to consider updates to ASHRAE Standard 32.1. 
DOE participated in those industry meetings and, to the extent 
possible, sought to align its test procedure with the expected updates 
to ASHRAE Standard 32.1. 80 FR 45758, 45762.
    On February 2, 2017, ANSI and ASHRAE approved the latest version of 
Standard 32.1, ANSI/ASHRAE Standard 32.1-2017, ``Methods of Testing for 
Rating Vending Machines for Sealed Beverages,'' (``ANSI/ASHRAE Standard 
32.1-2017'').
    Many of the revisions included in ANSI/ASHRAE Standard 32.1-2017 
harmonize the industry standard with the existing DOE test procedure. 
However, some substantive differences between DOE's test procedure at 
Appendix B and ANSI/ASHRAE Standard 32.1-2017 remain, notably the 
following:
    (1) Section 2.2.4 of Appendix B contains provisions for testing 
accessory low power mode, and section 2.3.2 of Appendix B accounts for 
refrigeration low power mode; whereas ANSI/ASHRAE Standard 32.1-2017 
contains no such provisions (and specifically prohibits operation in 
low-power mode during testing, per section 7.2.2.6.2).
    (2) Section 2.1.3 of Appendix B provides instructions for testing 
BVMs that are not capable of maintaining an integrated average 
temperature of 36 [deg]F  1 [deg]F during the 24-hour test 
period; whereas ANSI/ASHRAE Standard 32.1-2017 contains no such 
provisions. See section II.B.5 for additional discussion of lowest 
application product temperatures.
    (3) Section 2.2.1.4 of Appendix B specifies a ``standard product'' 
consisting of standard 12-ounce aluminum beverage cans filled with a 
liquid with a density of 1.0 grams per milliliter (``g/mL'')  0.1 g/mL at 36 [deg]F; whereas ANSI/ASHRAE Standard 32.1-2017 
specifies using a 33 percent propylene glycol/67 percent water 
solution. See section II.B.4 for additional discussion of standard 
product characteristics.
    (4) Section 2.2.5.1 of Appendix B provides instructions for payment 
mechanisms that cannot be disconnected during testing (if the payment 
mechanism is not removed, Appendix B requires it to be in place but de-
energized, or set to the lowest energy consuming state if it cannot be 
de-energized) and specifies a default payment mechanism energy 
consumption of 0.20 kWh/day; whereas ANSI/ASHRAE Standard 32.1-2017 
contains no such provisions. See section II.B.6 for additional 
discussion of payment mechanisms.
    (5) Section 2.2.3 of Appendix B requires energy management systems 
to be disabled and energy-saving features that cannot be disabled to be 
set to their most energy-consuming settings; whereas ANSI/ASHRAE 
Standard 32.1-2017 also requires that energy management systems be 
disabled, but does not address other energy-saving features that cannot 
be disabled.
    (6) Sections 2.2.5.2 through 2.2.5.10 of Appendix B provide 
additional setup instructions regarding certain equipment accessories 
(i.e., internal lighting; external customer display signs, lights, and 
digital screens; anti-sweat or other electric resistance heaters; 
condensate pan heaters and pumps; illuminated temperature displays; 
condensate filters; security covers; general purpose outlets; and 
crankcase heaters and other electric resistance heaters for cold 
weather); whereas ANSI/ASHRAE Standard 32.1-2017 provides instructions 
for only a subset of these accessories (i.e., video screens and 
lighting).
    (7) Section 2.2.2 of Appendix B prohibits routing thermocouple 
wires and other measuring equipment through the dispensing door; 
whereas ANSI/ASHRAE Standard 32.1-2017 contains no such prohibition 
(only that they be installed in a manner that does not affect energy 
performance).
    (8) Section 2.3.3 of Appendix B provides rounding instructions on 
energy consumption results; whereas ANSI/ASHRAE Standard 32.1-2017 
contains no such rounding instructions.
    (9) ANSI/ASHRAE Standard 32.1-2017 provides an additional recovery 
test (to determine the product temperature recovery time of the BVM 
when loaded with product at a certain temperature) and a vend test (to 
determine how much cold product a BVM will deliver when bottles, cans, 
or other sealed packages are vended at a rate of two per minute, 3 
hours after a half-full machine is refilled with product at a specified 
beverage temperature); whereas Appendix B contains no such tests. These 
tests assess product temperature recovery and vending performance but 
do not factor into the energy use measurement.
    Issue 5: DOE requests comment on whether it should update its test 
procedure to incorporate by reference ANSI/ASHRAE Standard 32.1-2017.
    Issue 6: DOE requests comment on whether any of the updates 
included in ANSI/ASHRAE Standard 32.1-2017 would affect measured energy 
consumption of BVMs, and if so, how. Specifically, DOE requests comment 
on the impact of any such changes to the representativeness of the 
measurements and the associated impact to test burden.
    Issue 7: DOE also requests comment on the identified differences 
between the current DOE test procedure and ANSI/ASHRAE Standard 32.1-
2017, including comment on which approach is more appropriate for 
testing BVMs, and why.
    Issue 8: DOE requests comment on any known deficiencies in ANSI/
ASHRAE Standard 32.1-2017 that DOE may consider addressing in any 
future amendments to the BVM test procedure.
2. Ambient Test Conditions
    Section 2.1.2 of Appendix B requires testing and rating BVM 
performance in a 75 [deg]F ambient temperature with a 45 percent 
relative humidity. Prior to the July 2015 Final Rule, the DOE test 
procedure incorporated by reference ANSI/ASHRAE Standard 32.1-2004, 
which included two ambient test conditions: 75 [deg]F with a 45 percent 
relative humidity and 90 [deg]F with a 65 percent relative humidity. 
However, compliance with DOE's energy conservation standard was 
determined based on performance at only the 75 [deg]F with a 45 percent 
relative humidity test condition. In the July 2015 Final Rule, DOE 
removed the requirement to conduct testing at the 90 [deg]F with a 65 
percent relative humidity test condition. 80 FR 45758, 45764-45765.
    During the rulemaking leading to the July 2015 Final Rule, DOE 
estimated that 18 percent of Class B and Combination B BVMs are 
installed outdoors. 80 FR 45758, 45765. DOE determined that, although 
these BVMs

[[Page 27058]]

would experience different ambient conditions than in the test 
procedure, it would not be feasible to test at all the conditions BVMs 
may experience in the field. Id. DOE determined that the 75 [deg]F with 
a 45 percent relative humidity test condition provides a reasonable and 
comparable representation of energy performance for all BVMs. Id. In 
ANSI/ASHRAE Standard 32.1-2017, the 90 [deg]F with a 65 percent 
relative humidity test condition for the energy consumption test was 
removed, and the standard designated the 75 [deg]F with a 45 percent 
relative humidity test condition as the singular test condition.
    If certain BVMs are specifically designed to operate in unique 
ambient conditions (i.e., are intended for use only in the unique 
condition and are not optionally installed indoors, as are most BVMs), 
testing at a different ambient condition may better represent actual 
average energy use in the field.
    Issue 9: DOE requests comment regarding specification of a single 
test condition of 75 [deg]F with a 45 percent relative humidity. 
Specifically, DOE requests data on the number of BVMs that operate 
outdoors or in other unique environments, and the associated ambient 
conditions for those environments.
    Issue 10: Additionally, DOE seeks information on how to identify 
and define outdoor BVMs that could be considered for additional or 
different test conditions. For example, DOE requests comment on whether 
BVMs that operate outdoors or in other unique environments have design 
characteristics that impact the measured energy consumption at a test 
condition of 75 [deg]F with a 45 percent relative humidity. DOE 
requests comment on and data for the appropriate test methods to 
represent their energy consumption during average use (or if the 
existing test at 75 [deg]F with a 45 percent relative humidity is 
representative), as well as the costs associated with those methods.
3. Test Procedure for Combination BVMs
    As described in section II.A, DOE defines ``combination vending 
machine'' as a BVM 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. Section 2.2.1.3 of Appendix B 
specifies that the non-refrigerated compartments of combination BVMs 
must not be loaded with any standard products or other vendible 
merchandise during testing. Sections 7.2.2.2 and 7.2.2.7 of ANSI/ASHRAE 
Standard 32.1-2017 require combination BVMs not to be loaded with any 
standard products, test packages, or other vendible merchandise in the 
non-refrigerated compartments, but that the non-refrigerated 
compartments be lighted as in normal operation.
    The thermal mass of any items loaded into the non-refrigerated 
compartments (or lack of thermal mass for an unloaded compartment) of 
combination BVMs may affect the measured DEC. Additionally, the thermal 
mass of any merchandise stored in the non-refrigerated compartments can 
vary significantly depending on the type of merchandise loaded into the 
combination BVM. The current approach of requiring no load in the non-
refrigerated compartments addresses the potential variability 
associated with this thermal load; however, DOE seeks feedback on 
whether requiring some load in the non-refrigerated compartments may 
better represent the average energy use of combination BVMs.
    Issue 11: DOE requests comment on the typical thermal mass of 
merchandise loaded into the non-refrigerated compartments of 
combination BVMs and the potential impact of such a load on tested 
energy consumption.
4. Characteristics of the Standard Product
    Section 2.2.1.4 of Appendix B specifies the standard products to be 
used for testing, which include the following: 12-ounce aluminum 
beverage cans filled with a liquid with a density of 1.0 grams per 
milliliter (``g/mL'') 0.1 g/mL at 36 [deg]F; or, for 
product storage racks that are not capable of vending 12-ounce cans, 
but are capable of vending 20-ounce bottles, 20-ounce plastic bottles 
filled with a liquid with a density of 1.0 g/mL 0.1 g/mL at 
36 [deg]F; or, for product storage racks that are not capable of 
vending 12-ounce cans or 20-ounce bottles, the packaging and contents 
specified by the manufacturer in product literature as the standard 
product (i.e., the specific merchandise the refrigerated bottled or 
canned beverage vending machine is designed to vend). In the July 2015 
Final Rule, DOE discussed the possibility of considering other standard 
products, including slimline cans, milk cartons, aseptic packs, 
pouches, and energy drinks. 80 FR 45758, 45768. However, DOE determined 
that the standard product for BVMs not capable of vending 12-ounce cans 
or 20-ounce bottles is the product specified by the manufacturer in 
product literature. Id.
    Vendible product types other than 12-ounce cans or 20-ounce bottles 
may now be used more frequently than at the time of the analysis 
leading to the July 2015 Final Rule. DOE may consider adding 
descriptions of such refrigerated beverage containers and contents if 
they are commonly used and have characteristics that can be defined for 
use across BVM manufacturers (i.e., the standard product as described 
would not be applicable to only one BVM manufacturer).
    Additionally, DOE is aware of certain BVMs that are marketed to 
vend both beverages and food, but do not contain a solid partition that 
separates the shelves or compartments intended for refrigerated bottled 
or canned beverages from those intended for other merchandise. Without 
a solid partition, these BVM models would not meet the definition of 
combination vending machine and would instead be classified as either 
Class A or Class B BVMs. If the non-beverage shelves of these BVMs are 
not capable of vending 12-ounce cans or 20-ounce bottles, the standard 
product for testing must be the packaging and contents specified by the 
manufacturer in product literature as the standard product per section 
2.2.1.4 or Appendix B. DOE seeks information on whether to specify 
additional instructions for loading and measuring temperatures of such 
non-beverage packages to reduce test variability.
    Issue 12: DOE requests comment on whether the currently defined 
standard products (i.e., the products comprising the BVM test load) are 
representative of average BVM use.
    Issue 13: DOE seeks feedback on whether any additional products 
should be defined as standard products for BVMs that are not capable of 
vending 12-ounce cans or 20-ounce bottles to limit variability in 
testing. If so, DOE requests data and information on the extent to 
which BVMs currently vend such products and the extent to which BVMs 
are stocked exclusively with such products (and no other non-standard 
products).
    Issue 14: DOE also requests detailed descriptions of such products, 
including typical dimensions, materials, and contents, and any data 
showing whether different standard products affect measured energy use.
    Issue 15: DOE requests feedback on the appropriate loading 
requirements for refrigerated shelves of BVMs that are designed to 
dispense merchandise other than bottled or canned beverages, including 
non-beverage merchandise. If these shelves should be loaded, DOE

[[Page 27059]]

requests feedback on the applicability of the standard product 
instructions specified in section 2.2.1.4 of Appendix B for these 
shelves and on the sensor placement instructions specified in section 
2.2.2 of Appendix B.
    As discussed in section II.B.1, section 7.1.5.1 of ANSI/ASHRAE 
Standard 32.1-2017 requires the beverage temperature test packages to 
be filled with a 33 percent propylene glycol/67 percent water solution. 
ANSI/ASHRAE Standard 32.1-2017 does not specify whether these glycol/
water percentages are based on weight or volume. Section 5.1 of ANSI/
ASHRAE Standard 32.1-2017 also specifies that standard sealed beverages 
are 12-ounce cans, 20-ounce bottles, or the sealed beverage specified 
by the manufacturer. Section 5.1 does not provide any other reference 
to the liquid in the containers.
    Issue 16: DOE requests comment on whether the standard products or 
standard test packages as defined in Appendix B sections 2.2.1.4 and 
2.2.1.5, respectively, require any further specifications. For example, 
in lieu of the existing density specifications, DOE seeks feedback on 
whether it should specify the contents of the test containers (e.g., 
the 33 percent propylene glycol/67 percent water solution (and whether 
these percentages are based on weight or volume) as specified in 
section 7.1.5.1 of ANSI/ASHRAE Standard 32.1-2017).
5. Lowest Application Product Temperature
    Section 2.1.1 of Appendix B requires that the integrated average 
temperature (``IAT'') of the BVM be 36 [deg]F  1 [deg]F 
over the test period. For BVMs that are designed to operate at 
temperatures higher than 36 [deg]F and are not capable of maintaining 
an IAT at 36 [deg]F  1 [deg]F for testing, section 2.1.3 of 
Appendix B requires testing such equipment at its lowest application 
product temperature, defined as the lowest IAT the BVM is capable of 
maintaining at stable conditions.
    In the July 2015 Final Rule, DOE stated that it would monitor its 
certification data and would take any necessary corrective actions if a 
significant portion of models are certified under the lowest 
application product temperature provisions. 80 FR 45758, 45773-45774. 
For any BVM tested and rated using the lowest application product 
temperature provisions in Appendix B, DOE requires that manufacturers 
include the temperature in their certification reports. 10 CFR 
429.52(b)(2)(ii). DOE's compliance certification database \9\ lists all 
BVM models certified to DOE, including the lowest application product 
temperature used for rating each model, if applicable. Of the 137 
individual models included in the compliance certification database, 12 
individual models (4 basic models) from one manufacturer are rated at 
lowest application product temperatures between 37.9 [deg]F and 41.3 
[deg]F.\10\ Models had previously been certified to DOE (and are not 
included in the current DOE compliance certification database) as being 
rated at a lowest application product temperature below the 36  1 [deg]F IAT range required in the DOE test procedure. For 
example, models from one manufacturer were previously rated at an IAT 
of 32 [deg]F (indicating that those BVMs could not operate as warm as 
36  1 [deg]F).
---------------------------------------------------------------------------

    \9\ Available at https://www.regulations.doe.gov/certification-data/CCMS-4-Refrigerated_Bottled_or_Canned_Beverage_Vending_Machines.html.
    \10\ Compliance certification database data as accessed on 
February 6, 2021.
---------------------------------------------------------------------------

    Issue 17: DOE requests comment on whether the lowest application 
product temperature provisions are appropriate for testing BVMs not 
capable of maintaining IAT of 36 [deg]F  1 [deg]F. If not, 
DOE requests comment on what test procedures would better represent 
energy consumption during average use for such equipment, including, 
for example, whether Appendix B should include additional IATs for 
rating BVMs.
    Issue 18: DOE further requests comment on whether Appendix B should 
include additional instructions for testing those BVMs capable of 
maintaining temperatures only below the 36 [deg]F  1 [deg]F 
range (e.g., testing such BVMs at the highest thermostat setting).
6. Payment Mechanisms
    Section 2.2.5.1 of Appendix B requires testing BVMs with no payment 
mechanism in place, the payment mechanism in-place but de-energized, or 
the payment mechanism in place but set to the lowest energy consuming 
state, if it cannot be de-energized. A default payment mechanism energy 
consumption value of 0.20 kilowatt-hours per day (``kWh/day'') is added 
to the primary rated energy consumption per day, according to section 
2.3 of Appendix B. In section 7.1.2.2. of ANSI/ASHRAE Standard 32.1-
2017, payment mechanisms are required to be disconnected during 
testing.
    DOE established the 0.20 kWh/day value based on a weighted average 
energy consumption of 25 different payment mechanisms available at the 
time of the July 2015 Final Rule. These included 11 coin mechanisms, 11 
bill validators, and 3 credit card readers. 80 FR 45758, 45777.
    Since the publication of the July 2015 Final Rule, the prevalence 
of different payment mechanisms for BVMs may have shifted. For example, 
credit card readers may be more common in the field compared to coin 
mechanisms or bill validators, or BVMs may incorporate all types of 
payment mechanisms. Based on the July 2015 Final Rule data, credit card 
readers had the highest daily energy consumption. If such a shift has 
occurred in the market, an amended payment mechanism energy adder may 
provide results that are more representative of average energy use. 
Additionally, if BVMs as sold or shipped now typically include payment 
mechanisms, a direct test of energy consumption rather than a fixed 
energy use adder may be more representative of average energy use.
    Issue 19: DOE requests comment on whether BVMs are typically sold 
and shipped with payment mechanisms in place. If not, DOE requests 
information on the types of payment mechanisms typically installed on 
BVMs and their associated energy use.
    Issue 20: DOE seeks feedback on whether the current 0.20 kWh/day 
energy use assigned to payment mechanisms is representative of the 
current BVM market.
7. Low Power Modes
    Appendix B incorporates definitions and test requirements for two 
types of low power modes \11\ (i.e., accessory low power mode and 
refrigeration low power mode). Section 7.2.2.6.2 of ANSI/ASHRAE 
Standard 32.1-2017 requires that low power modes not be allowed to 
operate during testing.
---------------------------------------------------------------------------

    \11\ ``Low power mode'' means a state in which a beverage 
vending machine's lighting, refrigeration, and/or other energy-using 
systems are automatically adjusted (without user intervention) such 
that they consume less energy than they consume in an active vending 
environment. Section 1.2, Appendix B.
---------------------------------------------------------------------------

    In the July 2015 Final Rule, DOE acknowledged that the two types of 
low power modes incorporated into the test procedure (accessory low 
power mode and refrigeration low power mode) may not address all forms 
of low power modes available in the BVM market. DOE identified 
``learning-based'' energy management controls that use historic sales 
and traffic data to predict times of high and low traffic; however, DOE 
did not propose a test procedure for such controls, as it would be 
difficult to develop a repeatable test procedure to evaluate the energy 
savings of such

[[Page 27060]]

controls during a 24-hour test in a laboratory. 80 FR 45758, 45786.
    Issue 21: DOE requests comment on the availability of additional 
low power modes for BVMs, including any ``learning-based'' energy 
management controls. If such modes are available, DOE seeks data and 
information on the typical operating times and associated energy 
consumptions of BVMs in these modes.
    Issue 22: DOE also seeks feedback on whether a test procedure to 
account for operation in these low power modes would better reflect the 
representative average energy use of BVMs, and if so, what would be the 
appropriate test methods as well as the associated test burden and 
costs.
a. Accessory Low Power Mode
    Section 1.2 of Appendix B defines accessory low power mode as a 
state in which a BVM's lighting and/or other energy-using systems are 
in low power mode, but that is not a refrigeration low power mode. 
Functions that may constitute an accessory low power mode may include, 
for example, dimming or turning off lights, but does not include 
adjustment of the refrigeration system to elevate the temperature of 
the refrigerated compartment(s). Section 2.2.4 of Appendix B states 
that accessory low power mode may be engaged for the final 6 hours of 
the 24-hour test period and requires that the BVM be operated in the 
lowest energy-consuming lighting and control settings for testing this 
mode. Section 2.2.4 also requires that any automatic activation of 
refrigeration low power modes be prevented during the accessory low 
power mode test period.
    The 24-hour test procedure starts after a BVM achieves 
stabilization as determined in vending mode. Because the test period 
ends with 6 hours of operation in accessory low power mode, when the 
mode is engaged for testing, the BVM would end the test in a different 
operating state than at the start of the test. Although the 
refrigeration system and cabinet temperatures would likely not change 
with operation in an accessory low power mode (because accessory low 
power mode does not include adjustment of the refrigeration system to 
elevate the temperature of the refrigerated compartment), some 
transient recovery period may be required for a BVM to return to stable 
operation in vending mode after operating in accessory low power mode 
for 6 hours. If such a recovery period exists, testing the accessory 
low power mode during the middle of the 24-hour test period may be more 
representative by capturing any transition periods between operating 
modes.
    Issue 23: DOE requests comment on whether BVMs require any recovery 
period following operation in accessory low power mode to return to 
stable operation in vending mode. If so, DOE requests test data 
indicating the effect of such operating periods and seeks feedback on 
whether the accessory low power mode test period should occur at some 
other point during the 24-hour test period.
    Issue 24: Additionally, DOE requests information regarding testing 
the accessory low power mode during a period other than at the end of 
the 24-hour test period, specifically on any potential drawbacks or 
test burdens that may result.
    In the July 2015 Final Rule, DOE stated that BVMs may employ a 
variety of control strategies and control a variety of different 
components in accessory low power mode. 80 FR 45758, 45785. DOE 
established testing under the settings representing the maximum energy 
savings to avoid potential repeatability issues associated with 
identifying appropriate test control settings for BVMs with various 
types of accessory low power modes. Id.
    Issue 25: DOE requests comment on the typical average duration a 
BVM operates in accessory low power mode per day, if applicable.
    Issue 26: DOE also seeks information on the control settings users 
apply for accessory low power mode in the field (i.e., whether the 
lowest energy consumption settings for lighting and controls are 
representative of average use in accessory low power mode).
    Issue 27: DOE also requests comment on whether multiple accessory 
low power mode test settings may be appropriate for BVMs offering 
various control settings.
b. Refrigeration Low Power Mode
    Section 1.2 of Appendix B defines refrigeration low power mode as a 
state in which a BVM's refrigeration system is in low power mode 
because of elevation of the temperature of the refrigerated 
compartment(s). Section 2.3.2.1 of Appendix B includes provisions for 
confirming the presence of a refrigeration low power mode, either 
through an increase in average next-to-vend beverage temperature or 
lack of compressor operation. Unlike accessory low power mode, Appendix 
B does not include a direct test of refrigeration low power mode. 
Instead, BVMs with refrigeration low power mode receive a 3-percent 
reduction in DEC as measured. Section 2.3.2 of Appendix B.
    In the July 2015 Final Rule, DOE determined that a 3-percent energy 
reduction was more appropriate than a physical test of refrigeration 
low power mode because refrigeration low power modes are extremely 
variable in their control strategies and operation and may require 
instructions from the manufacturer to accommodate specific provisions 
of a physical test. DOE stated that a physical test would reduce 
consistency and repeatability and would make the method impractical to 
implement. 80 FR 45758, 45785.
    DOE established the 3-percent credit for refrigeration low power 
mode by testing several BVMs with this mode.\12\ DOE noted in the July 
2015 Final Rule that this value is an average that is representative of 
the common types of refrigeration low power modes available in the 
marketplace. 80 FR 45758, 45786.
---------------------------------------------------------------------------

    \12\ DOE described the method for determining the 3-percent 
credit in detail in the notice of proposed rulemaking that preceded 
the July 2015 Final Rule. 79 FR 46908, 46925-46926 (Aug. 11, 2014).
---------------------------------------------------------------------------

    Issue 28: DOE requests comment on whether any amendments are needed 
to either the definition of refrigeration low power mode or the 
corresponding refrigeration low power mode validation test method.
    Issue 29: DOE seeks feedback on whether any BVM operating modes 
exist that should be considered a refrigeration low power mode but 
cannot meet the current definition or validation test method (e.g., 
operating modes with little or no increase in refrigerated compartment 
temperature with some amount of compressor operation).
    Issue 30: DOE requests comment on the current approach of applying 
a 3-percent energy reduction for any BVMs determined to have a 
refrigeration low power mode. Specifically, DOE requests comment on 
whether a physical test to account for actual unit energy reduction 
associated with refrigeration low power mode is feasible, or whether 
any test method for such an approach currently exists, and on the 
burden associated with running such a test.
    Issue 31: DOE requests comment on whether the 3-percent energy 
reduction is appropriate for BVMs with refrigeration low power mode. 
DOE seeks data on BVM operation in refrigeration low power mode, 
including the amount of time spent in such a mode and the associated 
energy consumption.
8. Reloading and Recovery Period
    As stated in Section II.B.1, ANSI/ASHRAE Standard 32.1-2017 
provides an additional recovery test (to determine the product 
temperature recovery time

[[Page 27061]]

of the BVM when loaded with product at a certain temperature), whereas 
Appendix B contains no such test. This recovery test assesses product 
temperature recovery performance of the BVM but does not include a 
measurement of the corresponding energy consumption. Table 2 in ANSI/
ASHRAE Standard 32.1-2017 lists the reloaded sealed-beverage 
temperature, 90 [deg]F, and the final instantaneous average next-to-
vend beverage temperature, 40 [deg]F, for the recovery test. 
Additionally, Table 4 in ANSI/ASHRAE Standard 32.1-2017 lists the door 
open durations, between 10 and 20 minutes, required during the recovery 
test while reloading the BVM.
    The existing DOE test procedure considers BVM performance only 
during stable operation (including any operation in accessory low power 
mode). During typical use, BVMs are regularly opened and restocked with 
warmer beverages. Accounting for BVM energy use during restocking 
periods and the subsequent product temperature recovery periods may 
better represent the actual energy use of BVMs during normal operation.
    Issue 32: DOE requests comment and supporting data on whether BVM 
restocking and the subsequent product temperature recovery represent a 
significant energy consumption for BVMs relative to the existing test 
procedure.
    Issue 33: DOE requests comment and supporting data regarding the 
applicability of the recovery test described in ANSI/ASHRAE Standard 
32.1-2017 for measuring the energy consumption associated with 
restocking and product temperature recovery.
    Issue 34: DOE requests comment and supporting data on the frequency 
and duration of door openings required to reload BVMs.
9. Alternate Refrigerants
    In an April 10, 2015 final rule, the Environmental Protection 
Agency listed propane (R-290), isobutane (R-600a), and the hydrocarbon 
blend R-441A as acceptable refrigerants for use in BVMs, subject to a 
150-gram charge limit per refrigeration circuit and other safety 
measures to address flammability. 80 FR 19454, 19491. Due to the 
flammability of these refrigerants, BVMs using hydrocarbon refrigerants 
may need to implement additional controls and components to mitigate 
the risk of ignition from any potential refrigerant leaks. The need for 
such controls also may vary depending on the intended installation 
location for BVMs.
    DOE is interested in understanding what additional components and 
controls manufacturers may need to add to their equipment to transition 
to alternative refrigerants, including propane, and whether the test 
procedure requires any updates to account for any corresponding energy 
use. DOE's expectation is that such controls would always be active and 
would not require specific test procedure instructions; however, DOE 
requests information on whether multiple control settings are available 
for these components, and if so, what would be the representative test 
settings.
    Issue 35: DOE requests comment on what additional components and 
controls manufacturers may need to add to their equipment when 
designing BVMs with alternative refrigerants and on the typical 
settings used for such components and controls, if multiple settings 
are available. DOE requests comment on whether any test procedure 
modifications are necessary to account for the energy consumption 
associated with these components and controls and any corresponding 
impact on testing burden.
10. Connected Functions
    The current DOE test procedure for BVMs does not include test 
requirements specifically for connected or smart features. Section 
2.2.5 of Appendix B generally requires all components necessary to 
provide sufficient functionality for cooling and vending products in 
field installations (i.e., product inventory, temperature management, 
product merchandising (including, e.g., lighting or signage), product 
selection, and product transport and delivery) to be in place during 
testing and set to the maximum energy-consuming setting if manually 
adjustable. Other components not necessary for such functionality are 
de-energized or set to their lowest energy consuming state.
    Issue 36: DOE requests comment on the prevalence of connected 
functions in BVMs. DOE seeks information on what BVM functions are 
associated with these connected modes, how often they are used, and 
their corresponding impacts on energy use.
    Issue 37: DOE also requests comment on whether the existing DOE 
test procedure instructions for accessories in section 2.2.5 of 
Appendix B adequately address test settings for connected functions in 
BVMs.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
specified in the DATES heading, comments and information on matters 
addressed in this RFI and on other matters relevant to DOE's early 
assessment of whether an amended test procedure for BVMs is warranted 
and if so, what such amendments should be considered.
    Submitting comments via http://www.regulations.gov. The http://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 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. 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. Comments and documents submitted via 
email will be posted to http://www.regulations.gov. If you do not want 
your personal contact information to be

[[Page 27062]]

publicly viewable, do not include it in your comment or any 
accompanying documents. Instead, provide your contact information on 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. No facsimiles (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, 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 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. 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].

Signing Authority

    This document of the Department of Energy was signed on May 12, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting 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 May 13, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-10448 Filed 5-18-21; 8:45 am]
BILLING CODE 6450-01-P