[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Proposed Rules]
[Pages 18936-18959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06139]
[[Page 18935]]
Vol. 87
Thursday,
No. 62
March 31, 2022
Part II
Department of Energy
-----------------------------------------------------------------------
10 CFR Part 431
Energy Conservation Program: Test Procedure for Refrigerated Bottled or
Canned Beverage Vending Machines; Proposed Rule
Federal Register / Vol. 87 , No. 62 / Thursday, March 31, 2022 /
Proposed Rules
[[Page 18936]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2021-BT-TP-0007]
RIN 1904-AE67
Energy Conservation Program: Test Procedure for Refrigerated
Bottled or Canned Beverage Vending Machines
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
test procedures for refrigerated bottled or canned beverage vending
machines (``BVMs'') to reference the latest version of the industry
standard. DOE also proposes to provide setup instructions for non-
beverage shelves, update the lowest application product temperature
definition and instructions, require testing of coin and bill payment
mechanisms if shipped with the BVM (but not until the compliance date
of any amended energy conservation standards), specify setup
instructions for leak mitigation controls, and remove an obsolete
version of the test procedure. DOE is seeking comment from interested
parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than May 31, 2022. See section V, ``Public
Participation,'' for details. DOE will hold a webinar on Monday, May 2,
2022, from 1:00 p.m. to 4:00 p.m. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants. If no participants register for the webinar, it
will be cancelled.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov, under docket
number EERE-2021-BT-TP-0007. Alternatively, interested persons may
submit comments by email to [email protected]. Include docket
number EERE-2021-BT-TP-0007 in the subject line of the message. No
telefacsimiles (``faxes'') will be accepted. For detailed instructions
on submitting comments and additional information on this process, see
section V of this document.
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, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the 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 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 V for information on how to submit comments through
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-2J,
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, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously
approved incorporation by reference and to incorporate by reference the
following industry standards into 10 CFR part 431:
American National Standards Institute (``ANSI'')/American Society
of Heating, Refrigerating, and Air-Conditioning Engineers (``ASHRAE'')
Standard 32.1, (``ANSI/ASHRAE Standard 32.1-2017''), ``Methods of
Testing Rating Refrigerated Vending Machines for Sealed Beverages'';
ANSI/Association of Home Appliance Manufacturers (``AHAM'')
Standard HRF-1, (``ANSI/AHAM HRF-1-2008''), ``Energy And Internal
Volume Of Refrigerating Appliances''.
Copies of ANSI/ASHRAE Standard 32.1-2017 can be purchased from
ASHRAE's bookstore at webstore.ansi.org. Copies of ANSI/AHAM HRF-1-2008
can be purchased at webstore.ansi.org/standards/aham/ahamhrf2008.
For a further discussion of these standards, see section IV.M of
this document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
C. Deviation From the Process Rule
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope and Definitions
B. Updates to Industry Standards
C. Test Procedure
1. Ambient Test Conditions
2. Test Procedure for Combination BVMs
3. Characteristics of the Standard Product
4. Lowest Application Product Temperature
5. Payment Mechanisms
6. Low Power Modes
7. Reloading and Recovery Period
8. Alternate Refrigerants
9. Connected Functions
10. Condenser Conditions
11. Removal of Obsolete Provisions
D. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
[[Page 18937]]
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
DOE is authorized to establish and amend energy conservation
standards and test procedures for Refrigerated Bottled or Canned
Beverage Vending Machines (``BVMs''). (42 U.S.C. 6295(v); 42 U.S.C.
6293(b)(15)) DOE's energy conservation standards and test procedures
for Refrigerated Bottled or Canned Beverage Vending Machines (``BVMs'')
are currently prescribed at subpart Q of part 431 of title 10 of the
Code of Federal Regulations (``CFR''). The following sections discuss
DOE's authority to establish test procedures for BVMs and relevant
background information regarding DOE's consideration of test procedures
for this product.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
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, which sets forth
a variety of provisions designed to improve energy efficiency. These
products include BVMs, the subject of this document. (42 U.S.C.
6295(v)) \3\
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Infrastructure Investment and Jobs Act,
Public Law 117-58 (Nov. 15, 2021).
\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 10 CFR 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 10 CFR
430.27.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically 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).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of those consumer
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
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 for particular State laws or regulations, in accordance with
the procedures and other provisions of EPCA. (42 U.S.C. 6297(d))
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))
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. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment
must consider the most current versions of the International
Electrotechnical Commission (``IEC'') Standard 62301 \4\ and IEC
Standard 62087 \5\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------
\4\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\5\ IEC 62087, Methods of measurement for the power consumption
of audio, video, and related equipment (Edition 3.0, 2011-04).
---------------------------------------------------------------------------
With respect to BVMs, EPCA requires the test procedure to be based
on the 2004 version of ANSI/ASHRAE Standard 32.1, ``Methods of Testing
for Rating Vending Machines for Bottled, Canned or Other Sealed
Beverages.'' (42 U.S.C. 6293(b)(15))
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 the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary 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, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products 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. (42 U.S.C.
6293(b)(1)(A)(ii))
[[Page 18938]]
DOE is publishing this notice of proposed rulemaking (``NOPR'') in
satisfaction of the 7-year review requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
DOE's existing test procedures for BVMs appear at 10 CFR part 431,
subpart Q, appendix A and appendix B, both titled ``Uniform Test Method
for the Measurement of Energy Consumption of Refrigerated Bottled or
Canned Beverage Vending Machines'' (``appendix A'' and ``appendix B'',
respectively). On or after January 8, 2019, any representations,
including compliance certifications, made with respect to the energy
use or efficiency of BVMs must be made in accordance with the results
of testing pursuant to appendix B.
On July 31, 2015, DOE published a test procedure final rule (``July
2015 Final Rule'') that referenced updated industry test methods,
improved clarity of the procedure, accounted for new equipment
features, and established the test procedures at appendix A and
appendix B.\6\ 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 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.
---------------------------------------------------------------------------
\6\ As discussed further in this section, the test procedure at
appendix B accounts for additional BVM operating modes not accounted
for in appendix A 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.
---------------------------------------------------------------------------
On May 19, 2021, DOE published in the Federal Register an early
assessment request for information (``May 2021 RFI'') seeking comments
on the existing DOE test procedure for BVMs. 86 FR 27054. In the May
2021 RFI, DOE requested comments, information, and data regarding a
number of issues, including (1) scope and definitions, (2) test
procedure setup and conditions, (3) updates to industry standards, (4)
low power modes and recovery periods, (5) alternate refrigerants, (6)
payment mechanisms, and (7) connected functions.
DOE received comments in response to the May 2021 RFI from the
interested parties listed in Table I.1.
Table I.1--Written Comments Received in Response to May 2021 RFI
------------------------------------------------------------------------
Reference in this
Commenter(s) NOPR Commenter type
------------------------------------------------------------------------
CoilPod LLC...................... CoilPod........... Component/
Material
Supplier.
Appliance Standards Awareness ASAP and NRDC..... Efficiency
Project, Natural Resources Organizations.
Defense Council.
Pacific Gas and Electric Company, CA IOUs........... Utility
Southern California Edison, and Association.
San Diego Gas & Electric;
collectively, the California
Investor-Owned Utilities.
Northwest Energy Efficiency NEEA and NPCC..... Efficiency
Alliance, Northwest Power and Organizations.
Conservation Council.
National Automatic Merchandising NAMA.............. Trade
Association. Association.
------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\7\
---------------------------------------------------------------------------
\7\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for BVMs. (Docket No. EERE-2021-BT-TP-0007, which is
maintained at www.regulations.gov). The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
---------------------------------------------------------------------------
C. Deviation From the Process Rule
In accordance with section 3(a) of part 430, subpart C, appendix A
(``Appendix A''), DOE notes that it is deviating from the provision in
appendix A regarding publication of further opportunity to comment
following an early assessment RFI prior to a NOPR to amend the test
procedure. Section 8(b) of appendix A; 10 CFR 431.4. DOE is opting to
deviate from this step because in the May 2021 RFI DOE already
requested and received information on the topics addressed in DOE's
proposal. DOE has tentatively determined the proposals do not require
an additional pre-NOPR opportunity for public comment.
II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update the test procedure at appendix
B as follows:
(1) Incorporate by reference the current industry standard ANSI/
ASHRAE Standard 32.1-2017.
(2) Incorporate by reference the industry standard ANSI/AHAM
HRF-1-2008 referenced in ANSI/ASHRAE Standard 32.1-2017.
(3) Maintain the existing DOE test procedure requirements that
are not included in ANSI/ASHRAE Standard 32.1-2017.
(4) Provide setup instructions for non-beverage shelves in
refrigerated compartments.
(5) Amend the definition of lowest application product
temperature (``LAPT'') to allow for testing BVMs only capable of
operating at temperatures below the specified test temperature.
(6) Require testing of coin and bill payment mechanisms if
shipped with the BVM (but not until the compliance date of any
amended energy conservation standards).
(7) Specify setup instructions for leak mitigation controls
consistent with the existing test procedure instructions.
(8) Remove the obsolete test procedure in appendix A.
DOE's proposed actions are summarized in Table II.1 compared to the
current test procedure as well as the reason for the proposed change.
[[Page 18939]]
Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
------------------------------------------------------------------------
Proposed test
Current DOE test procedure procedure Attribution
------------------------------------------------------------------------
Incorporates by reference ANSI/ Incorporates by Reference most
ASHRAE Standard 32.1-2010. reference ANSI/ recent industry
ASHRAE Standard test method.
32.1-2017.
Refers to Appendix C of ANSI/ Incorporates by Incorporate by
ASHRAE Standard 32.1-2010, reference ANSI/ reference
which references ANSI/AHAM HRF- AHAM HRF-1-2008 industry test
1-2004, for measurement of for measurement method required
refrigerated volume. of refrigerated for testing.
volume, as
referenced in
Appendix C of
ANSI/ASHRAE
Standard 32.1-
2017.
Does not specifically address Specifies that non- Improve
loading of non-beverage beverage representativenes
merchandise shelves within the merchandise s and
refrigerated compartment. shelves within reproducibility.
the refrigerated
compartment are
unloaded for
testing.
Defines LAPT only for units that Adds a definition Improve
operate at temperatures above for LAPT and test representativenes
the test condition. instructions for s and
units that can reproducibility.
only operate
below the test
condition.
Payment mechanisms are de- Requires coin and Improve
energized for testing; energy bill payment representativenes
calculations include a mechanisms to be s.
representative daily energy energized and
consumption adder for payment tested upon the
mechanisms. compliance date
of any amended
energy
conservation
standards.
Generally requires components Specifies that Improves
necessary for primary leak mitigation representativenes
functionality to be energized controls would be s.
and those not necessary for energized or de-
primary functionality to be de- energized for
energized for testing. testing depending
on whether they
are necessary for
primary
functionality of
the BVM.
Includes appendix B required for Removes obsolete Improves
testing current BVMs and appendix A. readability.
appendix A which is now
obsolete.
------------------------------------------------------------------------
DOE has tentatively determined that the proposed amendments
described in section III of this NOPR would not alter the measured
efficiency of BVMs or require retesting or recertification solely as a
result of DOE's adoption of the proposed amendments to the test
procedures, if made final. The proposed amendment to require coin and
bill payment mechanisms to be energized during testing would not be
required until the compliance date of any amended energy conservation
standards for BVMs that account for the measurement of the coin and
bill payment mechanism energy, should such standards be adopted.
Additionally, DOE has tentatively determined that the proposed
amendments, if made final, would not increase the cost of testing.
Discussion of DOE's proposed actions are addressed in detail in section
III of this NOPR.
III. Discussion
A. Scope and Definitions
BVMs are commercial refrigerators (as defined at 10 CFR 431.62 \8\)
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.
---------------------------------------------------------------------------
\8\ As defined in 10 CFR 431.62, commercial refrigerator means a
unit of commercial refrigeration equipment in which all refrigerated
compartments in the unit are capable of operating at or above 32
[deg]F (2 [deg]F).
---------------------------------------------------------------------------
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.\9\
---------------------------------------------------------------------------
\9\ 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.
---------------------------------------------------------------------------
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.
In the May 2021 RFI, DOE requested comment on several topics
regarding scope and definitions. 86 FR 27054, 27056. DOE requested
comment on whether it should define ``dispense'' to better
differentiate between BVMs and other commercial refrigerators as
defined in 10 CFR 431.62. Id. DOE also requested comment on the
distinction between refrigerated and non-refrigerated compartments and
whether the term ``solid partition'' in the definition of combination
vending machines needs further specificity. Id. Regarding equipment
classes, DOE requested comment on whether any additional clarifications
are needed for the existing BVM equipment class definitions, or if
there are any categories within the current classes that would require
additional test provisions. Id.
DOE received no comment on these issues in response to the May 2021
RFI. Additionally, DOE has not identified BVMs available on the market
that would require additional specificity in the existing BVM
definitions. Therefore, DOE has tentatively determined that amendments
are not required and is not proposing any new or amended BVM
definitions in this NOPR.
B. Updates to Industry Standards
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. 80 FR 45758, 45762. 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 certain 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.
[[Page 18940]]
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 32.1. 80 FR 45758, 45762.
On February 2, 2017, ANSI and ASHRAE approved the latest version of
Standard 32.1, ANSI/ASHRAE 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). See section
III.B.6 of this NOPR for additional discussion of low power modes.
(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.4 of this NOPR 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 and 67 percent water
solution. See section II.B.3 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.5 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 in ANSI/ASHRAE Standard
32.1-2017.
In addition to the differences with the DOE test procedure, ANSI/
ASHRAE Standard 32.1-2017 also lists key changes from the 2010 version,
summarized by the following:
Updates definitions to specify the application to BVMs;
Removes zone-cooled/fully cooled distinction;
Updates AHAM HRF-1 reference to a more recent version of
the standard (2008);
Removes the 90 [deg]F test condition for ambient
temperature and maintains a single ambient temperature (75 [deg]F);
Clarifies test setup requirements for temperature sensor
locations and test package/wire setup;
Incorporates requirements for the controls systems; and
Clarifies the integrated average temperature (``IAT'')
calculation.
In the May 2021 RFI, DOE requested comment on whether it should
update its test procedure to incorporate by reference ANSI/ASHRAE
Standard 32.1-2017 and whether any of the updates included would affect
measured energy consumption. 86 FR 27054, 27057. Additionally, DOE
requested comment on the differences between the current DOE test
procedure and ANSI/ASHRAE Standard 32.1-2017, and whether there are any
known deficiencies in ANSI/ASHRAE Standard 32.1-2017 that DOE should
consider addressing in the future. Id.
ASAP and NRDC and the CA IOUs commented in support of updating the
current DOE test procedure to incorporate by reference ANSI/ASHRAE
Standard 32.1-2017. (ASAP and NRDC, No. 4, p.1; CA IOUs, No. 6, p.2)
ASAP and NRDC, NEEA and NPCC, and the CA IOUs recommended that DOE
maintain provisions for low power mode testing, which are not included
in ANSI/ASHRAE Standard 32.1-2017. (ASAP and NRDC, No. 4, p. 1; NEEA
and NPCC, No.7, p.3; CA IOUs No. 6, p.2) ASAP and NRDC commented that
these test provisions can incentivize manufacturers to incorporate more
energy management controls to reduce energy consumption. (ASAP and
NRDC, No. 4, p.1) ASAP and NRDC also commented that DOE should maintain
the current test procedure provision to address energy saving features
that cannot be disabled, which is not included in ANSI/ASHRAE Standard
32.1-2017, to help maintain consistency for testing across different
machines. (ASAP and NRDC, No. 4, p. 2) NEEA and NPCC further
recommended that DOE should maintain the requirement that energy saving
features be enabled during testing. (NEEA and NPCC, No.7 p.3)
ASAP and NRDC, as well as NEEA and NPCC, recommended that DOE
should continue to account for payment mechanism energy consumption,
which is not included in ANSI/ASHRAE
[[Page 18941]]
Standard 32.1-2017. (ASAP and NRDC, No. 4, p.2; NEEA and NPCC, No. 7,
p. 3)
Additionally, ASAP and NRDC, as well as NEEA and NPCC, supported
maintaining existing accessory equipment setup instructions not
included in ANSI/ASHRAE Standard 32.1-2017 to help provide clarity for
lab technicians and consistency across test labs. (ASAP and NRDC, No.
4, p. 2; NEEA and NPCC, No. 7, p.3)
ASAP and NRDC, as well as NEEA and NPCC, also recommend maintaining
the rounding instructions currently in the DOE test procedure (for
energy consumption results) because ASHRAE Standard 32.1-2017 does not
contain such instructions. (ASAP and NRDC, No. 4, p. 2; NEEA and NPCC,
No. 7, p.3)
The CA IOUs also commented that they believe the ANSI/ASHRAE
Standard 32.1-2017 specifications on contents of the test containers
will result in higher reproducibility and should be adopted for the DOE
test procedure. (CA IOUs, No. 6, p. 2)
DOE considered the comments received in response to the May 2021
RFI and proposes to incorporate by reference the most recent updated
industry standard ANSI/ASHRAE Standard 32.1-2017, while maintaining the
current DOE test procedure provisions not included in ANSI/ASHRAE
Standard 32.1-2017 regarding energy management systems, accessory setup
instructions, wire routing, and rounding. This proposed approach is
consistent with the recommendations from interested parties. DOE has
tentatively determined that this proposal would not impact current BVM
ratings or test costs because the proposed test procedure is
substantively the same as the current DOE test procedure.
The other topics raised in comments from interested parties or
noted as differences between ANSI/ASHRAE Standard 32.1-2017 and the
current DOE test procedure (i.e., characteristics of the standard
product, lowest application product temperature, payment mechanisms,
low-power modes, and additional operating modes) are discussed in
detail in subsequent sections of this NOPR.
As discussed earlier in this section, Appendix C of ANSI/ASHRAE
Standard 32.1-2017 refers to the 2008 version of ANSI/AHAM Standard
HRF-1 ``Energy, Performance and Capacity of Household Refrigerators,
Refrigerator-Freezers and Freezers'' (``ANSI/AHAM HRF-1-2008'') for
measuring the refrigerated volume of BVMs. The current DOE test
procedure, by reference to ANSI/ASHRAE Standard 32.1-2010, refers to
the 2004 version of ANSI/AHAM Standard HRF-1 (``ANSI/AHAM HRF-1-2004'')
for measuring BVM refrigerated volume. For consistency with the
proposed incorporation by reference of ANSI/ASHRAE Standard 32.1-2017,
DOE is also proposing to incorporate by reference ANSI/AHAM HRF-1-2008
to ensure that BVM testing is conducted to the appropriate test
standard. DOE has determined that the updates made to ANSI/AHAM HRF-1
between the 2004 and 2008 versions provide clarifications and
instructions for measuring components that are specific to consumer
refrigeration products (e.g., consideration of through-the-door ice and
water dispensers) and that current refrigerated volume measurements and
ratings for BVMs would be unchanged under the proposed updated industry
standard reference.
DOE requests comment on its proposal to incorporate by reference
the most current industry test standard, ANSI/ASHRAE Standard 32.1-
2017, including the updated reference to ANSI/AHAM HRF-1-2008 for
measuring refrigerated volume. Specifically, DOE requests comment on
whether the proposed amendments would affect BVM ratings as measured
under the existing test procedure or whether they would impact test
burden.
C. Test Procedure
In the May 2021 RFI, DOE specifically asked for comment on the
following topics: Ambient test conditions, test procedure for
combination BVMs, characteristics of the standard product, lowest
application product temperature, payment mechanisms, low power modes,
reloading and recovery periods, alternate refrigerants, and connected
functions. 86 FR 27054, 27057-27061. The following sections summarize
the comments received on these topics DOE's responses, and any
corresponding proposed amendments to the DOE test procedure.
1. 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
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 and removed the 90 [deg]F with a 65 percent
relative humidity condition. 80 FR 45758, 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 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. 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 industry test
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 average
energy use in the field.
In the May 2021 RFI, DOE requested comment on the number of BVMs
that operate outdoors or in other unique environments that might differ
from the single specified test condition. 86 FR 27054, 27058. DOE also
requested information on how to identify and define outdoor BVMs,
appropriate test methods to represent their energy consumption, and the
costs associated with those methods. Id.
DOE did not receive any comments on these topics in response to the
May 2021 RFI. While acknowledging that BVMs may be installed and
operated in a variety of locations and ambient conditions, DOE has
tentatively determined that the existing single test condition provides
a representative test condition for BVMs, consistent with the July 2015
Final Rule determination. DOE does not propose any changes to the
current requirement to test under the single ambient test condition (75
[deg]F and 45 percent relative humidity), consistent with the test
condition specified in ASHRAE Standard 32.1-2017.
2. Test Procedure for Combination BVMs
As described in section III.A, DOE defines ``combination BVM'' as a
BVM containing two or more compartments separated by a solid partition,
that may
[[Page 18942]]
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. The thermal mass of items loaded into the non-
refrigerated compartments (or lack of thermal mass for unloaded
compartments) may affect the measured DEC of combination BVMs. 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.
The thermal mass of items loaded into the non-refrigerated
compartments (or lack of thermal mass for unloaded compartments) may
affect the measured DEC of combination BVMs. In the May 2021 RFI, DOE
sought feedback on whether requiring some load in the non-refrigerated
compartment would better represent the average energy use of
combination BVMs. 86 FR 27054, 27058. DOE also requested 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. Id.
ASAP and NRDC encouraged DOE to consider requiring a load in the
non-refrigerated compartments, after investigating the typical thermal
mass loaded, to provide a more representative energy consumption
measurement. (ASAP and NRDC, No. 4, p. 2)
DOE did not receive comments in response to the May 2021 RFI
regarding the typical thermal mass of loads in the non-refrigerated
compartments on combination BVMs. Based on a review of the market,
typical loads for non-refrigerated compartments can range from small
items with density similar to beverages (e.g., chocolate bars), to
larger low-density items (e.g., bags of chips). Given the wide range of
products stored in non-refrigerated compartments, DOE has not
identified a typical representative load for these compartments.
Additionally, DOE acknowledges that loading non-refrigerated
compartments in a consistent, repeatable manner may be difficult due to
the range of shelf configurations in those compartments. DOE did not
identify a standard package that could be consistently loaded into non-
refrigerated shelves for testing. Requiring such a load would introduce
additional test burden compared to the existing unloaded approach.
DOE has tentatively determined that the current test procedure
provides a representative, repeatable, and reproducible approach for
testing combination BVMs while minimizing test burden. Accordingly, DOE
is not proposing to require a load in non-refrigerated compartments.
DOE continues to request information on typical loads for non-
refrigerated compartments in combination BVMs and, if DOE were to
require such loads for testing, the potential impacts on combination
BVM energy consumption and test burden.
3. 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.
These potential alternative standard products all hold liquids and
otherwise would allow for testing following the current BVM test
procedure instructions. 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.
In the May 2021 RFI, DOE requested comment on whether the standard
products as currently defined (i.e., the products comprising the BVM
test load) are representative of average BVM use and if any additional
products should be defined as standard products to limit variability in
testing. 86 FR 27054, 27058. Additionally, DOE requested detailed
descriptions of any such products and what the appropriate method of
loading would be for BVMs designed to dispense merchandise other than
the standard products. 86 FR 27054, 27058-27059.
DOE did not receive comment on these topics in response to the May
2021 RFI and proposes to maintain the current test procedure standard
packages of 12-ounce cans, 20-ounce bottles, or the packaging and
contents specified by the manufacturer in product literature, depending
on the BVM vending capability.
Additionally, DOE stated in the May 2021 RFI that certain BVMs 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. 86 FR 27054, 27058. 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 is the packaging and contents specified by
the manufacturer in product literature as the standard product per
section 2.2.1.4 of appendix B. Id.
For non-beverage shelves, manufacturers do not always specify the
packaging and contents of the merchandise to be loaded. Additionally,
measuring temperature at the center of mass of non-liquid merchandise
packaging would provide unique challenges compared to liquid containers
(e.g., measuring the center of mass of a bag of chips).
Similar to the discussion regarding non-refrigerated compartments
in combination BVMs in section III.C.2 of this document, DOE has
tentatively determined that it cannot identify a representative non-
beverage test load because of the wide range of merchandise that could
be loaded in non-beverage shelves. Additionally, DOE expects that
measuring the temperatures of non-beverage standard packages would be
difficult to do repeatably and reproducibly (i.e., measuring the
temperature in food packaging rather than in a liquid) and would
increase test burden. To ensure that BVMs with non-beverage
merchandising shelves are tested consistently and in a representative
manner while limiting test burden, DOE is proposing to specify in a new
section 2.2.1.1 of appendix B that shelves within the refrigerated
compartment that are only for non-beverage merchandise must not be
loaded for testing. DOE expects that manufacturers may already use this
approach for testing shelves that cannot accommodate any beverage
containers (i.e., it is unclear how manufacturers currently test such
BVMs, and DOE has
[[Page 18943]]
not received petitions for waiver regarding this issue). DOE similarly
does not expect that this proposal would result in any cost impacts for
BVM manufacturers.
DOE requests comment on the proposal to specify that non-beverage
merchandise shelves not be loaded for testing BVMs. DOE seeks
information on how such models are currently tested and on whether this
proposal would impact current BVM ratings or test burden.
As discussed in section III.B, section 2.2.1.4 of appendix B
requires that the standard product 12-ounce cans or 20-ounce bottles be
filled with 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 requires the beverage temperature test packages to be filled
with a 33 percent propylene glycol and 67 percent water solution. ANSI/
ASHRAE Standard 32.1-2017 does not specify whether these glycol and
water percentages are based on weight or volume. In the May 2021 RFI,
DOE requested comment on whether the standard products defined in
appendix B require any further specifications. 86 FR 27054, 27059. DOE
requested feedback on whether it should specify the contents of the
test containers (e.g., the 33 percent propylene glycol and 67 percent
water solution, and whether these percentages are based on weight or
volume) as specified in ANSI/ASHRAE Standard 32.1-2017. Id.
The CA IOUs commented that they believe the ANSI/ASHRAE Standard
32.1-2017 specifications for test container contents would result in
higher reproducibility and should be adopted for the DOE test
procedure. (CA IOUs, No. 6, p. 2)
DOE specifies the use of a propylene glycol solution in other test
procedures, such as for testing commercial refrigeration equipment.\10\
Commercial freezers are by definition capable of operating below 32
[deg]F (see 10 CFR 431.62) and are tested at a 0 [deg]F integrated
average temperature. See section 2.1 of 10 CFR part 431, subpart C,
appendix B. While water would freeze at operating temperatures below 32
[deg]F, the propylene glycol solution has a reduced freezing point and
remains a liquid at the test temperatures. The potential for a phase
change in the test solution introduces test variability as solid and
liquid water have different heat transfer properties, and if the phase
change occurs during a test, the measured temperature during the phase
change may not represent actual storage temperatures.
---------------------------------------------------------------------------
\10\ See 10 CFR part 431, subpart C, appendix B, which
incorporates by reference ANSI/ASHRAE Standard 72-2005, (``ANSI/
ASHRAE 72-2005''), ``Method of Testing Commercial Refrigerators and
Freezers.'' Section 6.2.1 of ANSI/ASHRAE 72-2005 specifies the use
of propylene glycol solution in test simulators.
---------------------------------------------------------------------------
For BVMs, the target test condition of 36 [deg]F is above the
freezing point of water and other liquids likely to be used for testing
BVMs. As a result, DOE has tentatively determined that specifying an
alternative propylene glycol solution for testing BVMs is not likely to
reduce test variability as is the case when testing other types of
equipment at temperatures below the freezing point of water.
Additionally, requiring the use of a propylene glycol solution would
increase test burden compared to the existing test approach, which
allows more flexibility and does not require the preparation of a test
solution. For these reasons, DOE is not proposing to amend the existing
test procedure provisions regarding the specifications of the standard
product.
4. 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. See table B.1 of appendix B. For BVMs only
capable of operating at temperatures higher than the specified IAT of
36 [deg]F 1 [deg]F, section 2.1.3 of appendix B requires
testing at the BVM's lowest application product temperature (``LAPT'').
DOE's compliance certification database \11\ lists all BVM models
certified to DOE, including the LAPT used for rating each model, if
applicable. Of the 153 individual models included in the compliance
certification database at the time of this analysis, 9 individual
models (representing 3 basic models) from one manufacturer are rated at
LAPTs ranging from 37.9 [deg]F to 41.3 [deg]F. Additional models had
previously been certified to DOE (but are not included in the current
DOE compliance certification database) as being rated at a LAPT below
the 36 [deg]F 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 at 36 [deg]F 1 [deg]F.
---------------------------------------------------------------------------
\11\ Available at www.regulations.doe.gov/certification-data.
---------------------------------------------------------------------------
In the May 2021 RFI, DOE requested comment on whether the LAPT
provisions are appropriate for testing BVMs not capable of maintaining
an IAT of 36 [deg]F 1 [deg]F. 86 FR 27054, 27059. DOE
further requested comment on whether appendix B should include
additional instructions for testing BVMs only capable of maintaining
temperatures below the specified 36 [deg]F 1 [deg]F. Id.
In response to the May 2021 RFI, the CA IOUs recommended that DOE
require BVMs to operate during testing at or below the standard
temperature in ANSI/ASHRAE Standard 32.1-2017 to ensure that all BVMs
are tested consistently, instead of the current test procedure, which
allows for testing at the lowest application product temperature. (CA
IOUs, No. 6, p. 2)
DOE acknowledges that the LAPT provisions result in some BVMs being
tested at a higher temperature than those capable of maintaining the
required test IAT. However, for BVMs not capable of operating with
temperatures of 36 [deg]F 1 [deg]F, the LAPT test
provisions are representative of the actual operation of those models.
Accordingly, the LAPT test provisions measure the energy use of those
BVMs during a representative average use cycle or period of use as
required by EPCA. (42 U.S.C. 6293(b)(3)) Additionally, any models
tested and rated under the LAPT provisions are identified in DOE's
compliance certification database, along with the actual IAT maintained
during testing for those models, so that such information is available
to customers making purchasing decisions.
DOE is proposing to maintain the current LAPT provisions and add an
additional provision for testing BVMs that are only capable of
maintaining temperatures below the 36 [deg]F 1 [deg]F
range. For these units, DOE proposes to test at the highest thermostat
setting. This would allow for testing the BVM under the setting closest
to the required IAT. DOE proposes to amend the definition of LAPT in
section 1.2 of appendix B to the following:
``Lowest application product temperature'' means the following:
(a) For units that operate only at temperatures above the
integrated average temperature specified in Table 1 of ANSI/ASHRAE
Standard 32.1-2017: The lowest integrated average temperature a
given basic model is capable of maintaining so as to comply with the
temperature stabilization requirements specified in Section 7.2.2.2
of ANSI/ASHRAE Standard 32.1-2017.
(b) For units that operate only at temperatures below the
integrated average temperature specified in Table 1 of ANSI/ASHRAE
Standard 32.1-2017: The highest integrated average temperature a
given basic model is capable of maintaining so as to comply with the
temperature stabilization requirements specified in Section 7.2.2.2
of ANSI/ASHRAE Standard 32.1-2017.
[[Page 18944]]
DOE has tentatively determined that this proposal would not affect
current BVM ratings or testing costs because DOE has not identified any
BVMs currently available on the market that would be tested under the
newly proposed provision addressing units that operate only at
temperatures below the IAT of 36 [deg]F 1 [deg]F.
DOE requests comment on its initial determination to maintain the
existing LAPT approach for units that operate only at temperatures
above the IAT of 36 [deg]F 1 [deg]F. DOE requests comment
on its proposal to require testing at the highest integrated average
temperature a given basic model is capable of maintaining for units
that are only capable of operating at temperatures below the specified
IAT of 36 [deg]F 1 [deg]F.
5. 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 measured energy consumption, 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.
In the July 2015 Final Rule, DOE determined that because payment
mechanisms are variable and are not always included in the machine at
the time of sale, it is difficult to unambiguously specify a
``representative'' payment mechanism or device combination. 80 FR
45758, 45776. DOE concluded that conducting physical testing of BVMs
with no payment mechanisms installed, as opposed to testing with the
payment mechanisms in place, is the most straightforward, repeatable,
and unambiguous approach. Id. Because payment mechanisms are integral
to the vending function of BVMs, 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, which
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 multiple types
of payment mechanisms. Based on the July 2015 Final Rule data, credit
card readers had the highest idle mode power consumption. 80 FR 45758,
45777. 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. Alternatively, a direct test of energy
consumption rather than a fixed energy use adder may be more
representative of average energy use.
In the May 2021 RFI, DOE requested comment on whether BVMs are
typically sold with payment mechanisms in place. 86 FR 27054, 27059. If
not, DOE requested information on the types of payment mechanisms
typically installed on BVMs and their associated energy use. Id.
DOE did not receive any feedback on whether BVMs are typically sold
with payment mechanisms.
Based on a survey of units currently available on the market, DOE
has observed that coin and bill payment mechanisms are typically
included with BVMs as sold or shipped, but that credit card readers are
typically sold as an optional feature and are sold separately from the
BVM. DOE does not have data regarding the relative use of credit card
readers as compared to coin and bill payment mechanisms.
In the May 2021 RFI, DOE additionally requested feedback on whether
the current 0.20 kWh/day energy use assigned to payment mechanisms is
representative of the current BVM market. 86 FR 27054, 27059.
ASAP and NRDC commented that 0.2 kWh/day may not be representative
of the current market and that in the case of a BVM shipped without a
payment mechanism, it would make sense to specify a default value that
represents the most energy-consuming payment mechanism. (ASAP and NRDC,
No. 4, p. 2) ASAP and NRDC, as well as the CA IOUs, commented that DOE
should include a direct test of the energy use of payment mechanisms in
the test procedure, stating that individual payment mechanism energy
use can vary significantly and may depend on integrated ``smart
functionality.'' (ASAP and NRDC, No. 4, p. 2; CA IOUs No. 6, p.3)
DOE conducted a review of currently available payment mechanisms to
determine whether the previously derived 0.20 kWh/day default payment
mechanism energy consumption is appropriate. DOE reviewed manufacturer
specifications for 3 coin changers, more than 30 bill validators, and 2
credit card readers. A summary of the calculated daily energy
consumptions for each payment mechanism type based on the manufacturer
specifications is presented in Table III.1.
Table III.1--Payment Mechanism Energy Consumption Summary
------------------------------------------------------------------------
Average Range of
calculated calculated
Payment mechanism type daily energy daily energy
consumption consumption
(kWh/day) (kWh/day)
------------------------------------------------------------------------
Coin Changer............................ 0.07 0.01 to 0.12
Bill Validator.......................... 0.11 0.04 to 0.17
Credit Card Reader...................... 0.10 0.07 to 0.12
------------------------------------------------------------------------
As stated, DOE has observed that coin and bill payment mechanisms
are typically included with BVMs as shipped, and that credit card
readers are an additional accessory provided by the manufacturer as an
option or sold separately. DOE has tentatively determined that
requiring a payment mechanism that is included with a BVM as shipped
(i.e., the coin and bill payment mechanism) to be energized during
testing would provide a more representative measure of energy use
compared to the current default value specified in the test procedure.
DOE is proposing to amend the test procedure to require that if a BVM
is shipped with coin and/or bill payment mechanisms in place, the
payment mechanisms shall be energized during testing. Because credit
card readers are more likely to be
[[Page 18945]]
optional features or sold separately, DOE is proposing to maintain the
existing approach in which credit card payment mechanisms would be
disconnected or de-energized, if possible, or in place but set to the
lowest energy consuming state, if it cannot be de-energized, for
testing.
To account for the possibility that a BVM may be shipped with no
payment mechanism in place, DOE is proposing to maintain the 0.20 kWh/
day energy use adder to represent the energy consumption of a payment
mechanism during representative use. Based on the identified payment
mechanism energy use data, 0.20 kWh/day is near the average energy use
of a coin changer plus a bill validator, which DOE observed is the
typical default payment mechanism setup. DOE is not proposing an energy
use adder based on the most energy-consuming payment mechanisms, as
recommended by ASAP and NRDC, to ensure that the energy consumption as
measured from testing reflects operation during a representative
average use cycle or period of use.
Because the proposal to test BVMs with energized coin and bill
payment mechanisms, when included with a BVM as shipped, would likely
affect existing BVM energy use ratings, DOE is proposing that these
particular amendments would not be required for use until the
compliance date of any future amended energy conservation standards for
BVMs, should such standards be adopted. As such, DOE has tentatively
determined that manufacturers would not be required to re-test or re-
certify BVMs as a result of the proposed payment mechanism approach.
DOE has also tentatively determined that manufacturers would incur no
additional costs related to this proposal. On the compliance date of
any amended energy conservation standards for BVMs, should such
standards be adopted, this proposal would only require re-testing for
any BVMs shipped with coin or bill payment mechanisms in place. For all
other BVMs, the existing test procedure approach would remain
unchanged.
DOE requests comment on its proposal to require testing with coin
and bill payment mechanisms energized, if they are included in the BVM
as shipped. DOE requests comment on whether this approach would result
in any additional test burden. DOE additionally requests comment on its
proposal to require that any credit card payment mechanisms be
disconnected or de-energized, if possible, or in place but set to the
lowest energy consuming state, if they cannot be de-energized, for
testing. DOE further requests information on the continued use of the
0.20 kWh/day energy use adder for BVMs shipped with no coin or bill
payment mechanisms in place. DOE also requests comment on the proposal
to not require the use of these amendments until the compliance date of
any future amended energy conservation standards for BVMs.
6. Low Power Modes
Appendix B incorporates definitions and test requirements for two
types of low power modes \12\ (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.
---------------------------------------------------------------------------
\12\ ``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 may not address
all forms of low power modes available in the BVM market. 80 FR 45758,
45786. 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, determining that it would be difficult to develop a
repeatable test procedure to evaluate the energy savings of such
controls during a 24-hour test in a laboratory. Id.
In the May 2021 RFI, DOE requested comment on the availability of
additional low power modes, including any ``learning-based'' energy
management controls, and on whether such modes should be included in
the test procedure. 86 FR 27054, 27060.
NEEA and NPCC recommended that DOE consider the energy benefits of
``learning-based'' energy management controls and include them in the
test procedure. NEEA and NPCC noted that while energy savings from
these technologies is still unknown, their research shows a trend in
this technology being implemented into BVMs. NEEA and NPCC cited claims
that ``smart'' features can provide up to 1,600 kWh in energy savings
per year. (NEEA and NPCC, No. 7, p. 2)
DOE expects that the impacts of any learning-based controls would
vary based on specific field installation and usage scenarios. DOE is
not aware of, and interested parties have not provided, any data that
could be used to determine the impacts of learning-based controls on
energy use (for example, by increasing the amount of time spent in
either accessory low power mode or refrigeration low power mode, rather
than vending mode). DOE also tentatively maintains its prior
determination that it would be difficult to develop a repeatable and
reproducible test procedure to evaluate the energy savings of such
controls during a 24-hour test in a laboratory. For these reasons, DOE
is not proposing to account for ``learning-based'' controls in the test
procedure at this time. DOE has tentatively determined to continue
accounting for operation in accessory low power mode and refrigeration
low power mode, as described in the following sections.
DOE requests comment on its tentative determination to not account
for learning-based controls. DOE continues to seek data and information
on the implementation and operation of such controls for BVMs.
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. See section 2.1.1.1 of
appendix B. 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
[[Page 18946]]
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.
In the May 2021 RFI, DOE requested comment on whether BVMs require
any recovery period following operation in accessory low power mode to
return to stable operation in vending mode. 86 FR 27054, 27060.
Additionally, DOE requested information on any drawbacks or potential
test burdens that would result from testing the accessory low power
mode during a period other than at the end of the 24-hour test period.
Id.
DOE did not receive comments on this topic. Through testing, DOE
has observed that measured temperatures remain unchanged during
operation in vending mode and accessory low power mode. The existing
test approach also limits test burden by requiring only one operating
mode transition during the 24-hour test period. Moving the accessory
low power mode operating period to a period other than at the end of
the 24-hour test period may require technicians to provide additional
input to the unit during the test (i.e., once to enter accessory low
power mode and again to re-enter vending mode), depending on the BVM's
controls. For these reasons, DOE is not proposing any changes to the
current test procedure approach of requiring accessory low power mode
to be tested at the end of the 24-hour test period.
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 test control settings for BVMs with various types of
accessory low power modes. Id.
In the May 2021 RFI, DOE also requested comment on the typical
average duration a BVM operates in accessory low power mode per day,
what control settings users apply for accessory low power mode in the
field, and whether multiple accessory low power mode test settings may
be appropriate for BVMs with various control settings. 86 FR 27054,
27060.
The CA IOUs commented that the current DOE test method (18 hours of
normal operation and 6 hours of accessory low power mode) may not be
fully representative of the most common locations and that DOE should
conduct further research to verify this schedule. (CA IOUs, No. 6, p.
3)
DOE acknowledges that BVMs may be used in a variety of locations
and that the actual duration of accessory low power mode use will vary
based on installation location. In the NOPR preceding the July 2015
Final Rule, DOE stated that the 6-hour duration was selected as a
representative length of time for the low power mode test period based
on the fact that it is intended to represent off hours between periods
of vending when the facility may be closed or have low occupancy. 79 FR
46908, 46926. While DOE recognized that there are a range of types of
low power mode controls and time periods for which these controls are
enabled, DOE determined that a timeframe of 6 hours was a reasonable
representation of average field use. Id.
DOE is not aware of data indicating that durations other than the
currently defined 6 hours would be more representative of typical BVM
operation in accessory low power mode. The intent of the accessory low
power mode test period remains unchanged from the July 2015 Final Rule
approach (i.e., representing off hours between periods of vending when
the facility may be closed or have low occupancy). Given the lack of
any data supporting a change to this approach, DOE is not proposing any
changes to the 6-hour duration for accessory low power mode testing.
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. 80 FR 45758, 45785. DOE stated that a physical test
would reduce consistency and repeatability and would make the method
impractical to implement. Id.
DOE established the 3-percent credit for refrigeration low power
mode by testing several BVMs with this mode. 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.
In the May 2021 RFI, DOE requested comment on whether any
amendments are needed to the definition of refrigeration low power mode
or the corresponding refrigeration low power mode validation test
method. 86 FR 27054, 27060. Additionally, DOE requested comment on
whether any other BVM operating modes 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). Id.
DOE did not receive any comment on these topics and is not
proposing any changes to the current refrigeration low power mode and
validation test method.
In the May 2021 RFI, DOE also requested comment on the current
approach of applying a 3-percent energy reduction for any BVMs with a
refrigeration low power mode. 86 FR 27054, 27060. Specifically, DOE
asked for comment regarding whether a physical test to account for
energy reduction associated with the low power mode is feasible,
whether any test method currently exists, and the burden associated
with running such a test. Id.
ASAP and NRDC, and the CA IOUs encouraged DOE to include a direct
physical test instead of a fixed credit for refrigeration low power
mode testing and to incorporate the resulting energy consumption into
the daily energy consumption calculation. (ASAP and NRDC, No. 4, p. 1;
CA IOUs, No. 6, p. 2) ASAP and NRDC also stated that the 3-percent
credit may be inhibiting further improvements by failing to
differentiate between refrigeration low power mode control strategies.
(ASAP and NRDC, No. 4, p. 1) ASAP and NRDC stated that the accessory
low power mode test could potentially be expanded to capture
refrigeration low power modes, including a recovery period. (Id.) The
CA IOUs suggested that the refrigeration low power mode test procedure
should include an evaluation of the time and energy to return the
[[Page 18947]]
standard product to an IAT of 36 [deg]F 1 [deg]F, since
the test may cause temperatures to drift. The CA IOUs estimated that
this would be a primarily passive test and would likely only add 30
minutes of active work to the test method. (CA IOUs, No. 6, p. 2)
Based on a review of operating instructions for BVMs currently
available with refrigeration low power mode, DOE has tentatively
determined that the challenges of implementing a refrigeration low
power mode test would remain the same as those considered in the July
2015 Final Rule. Specifically, DOE observed that the implementation of
refrigeration low power mode would depend on the specific control
parameters entered by the user or installer regarding duration,
operating temperatures, and operation of the refrigeration system.
Additionally, establishing a consistent, repeatable test (i.e.,
measuring refrigeration low power mode operation over a defined
duration from initiation of the low power mode until temperature
recovery to the specified test temperature) may require specific
instructions from the manufacturer to modify the controls in such a way
to accommodate the specific requirements of a physical test. Testing on
a consistent basis would also likely require an iterative process to
identify the appropriate test settings. Due to the difficulty of
accounting for the wide variety of refrigeration low power modes in a
consistent, fair, and reasonable manner, as well as the potential
burden of any such test approach, DOE is not proposing any changes to
the current calculation approach to account for operation in
refrigeration low power mode.
DOE is also not proposing any changes to the 3-percent credit as
the energy reduction associated with refrigeration low power mode. DOE
acknowledges that the actual energy impact of refrigeration low power
mode would vary depending on the user-specified control parameters for
that mode, including duration and temperature settings or refrigeration
system control. The investigative testing used to determine the 3-
percent credit assumed 6 hours of operation in refrigeration low power
mode, including the time needed for temperature recovery. 79 FR 46908,
46925-46926. DOE is not proposing any changes to the 6-hour test period
for accessory low power mode, and therefore is maintaining the estimate
of refrigeration low power mode impact based on that same duration.
DOE requests comment on its initial determination to maintain the
existing calculation approach to account for operation in refrigeration
low power mode. DOE continues to seek information and data on whether
the assumed operating period (6 hours) and corresponding energy
consumption impact (3 percent) are appropriate for BVMs operating in
refrigeration low power mode.
7. Reloading and Recovery Period
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.
As stated in section III.B, ANSI/ASHRAE Standard 32.1-2017 provides
an additional recovery test to determine the temperature recovery time
of the BVM when loaded with product at a certain temperature, whereas
appendix B contains no such test. This recovery test does not include a
measurement of the corresponding energy consumption. Table 2 in ANSI/
ASHRAE Standard 32.1-2017 specifies 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.
In the May 2021 RFI, DOE requested comment and supporting data on
whether BVM restocking represents a significant energy consumption for
BVMs. 86 FR 27054, 27061. DOE also requested comment and supporting
data regarding the applicability of the recovery test described in
ANSI/ASHRAE Standard 32.1-2017. Id. DOE additionally requested comments
and supporting data on the frequency and duration of door openings for
reloading BVMs. Id.
DOE did not receive any comments on these topics in response to the
May 2021 RFI. Based on typical operating descriptions provided in
vending industry websites,\13\ DOE expects that BVM restocking events
are relatively infrequent, on the order of once per week, while the
remainder of BVM operating time is spent in stable operation. DOE has
tentatively determined that the current test procedure based on stable
operation measures energy consumption during a representative average
use cycle or period of use and is therefore not proposing any
additional testing to account for reloading events.
---------------------------------------------------------------------------
\13\ See blog.vendnetusa.com/how-often-should-you-restock-your-vending-machines/ and www.vendnm.com/often-restock-inspect-vending-machine/, which both refer to restocking once per week.
---------------------------------------------------------------------------
8. 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.
In the May 2021 RFI, DOE requested comment on what additional
components and controls manufacturers may need to add to their
equipment when designing BVMs with alternative refrigerants. 86 FR
27054, 27061. DOE also requested comment on the typical settings used
for such components and controls, if multiple settings are available.
Id. DOE additionally requested 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. Id.
NAMA commented that the industry is currently partnered with Oak
Ridge National Laboratory (``ORNL'') under a cooperative research and
development agreement (``CRADA'') to collect information to inform how
low global warming potential (``low-GWP'') refrigerants can be used to
increase energy efficiency and comply with safety standards. NAMA
stated that manufacturers and engineers at ORNL are currently focused
on designing to protect against inadvertent leaks of flammable
refrigerants and this technology may use a small amount of energy.
Because of this, NAMA commented that any test procedure should not
include the energy use of such safety measures. NAMA urged DOE to
postpone amendments to test procedures until this research is
concluded. (NAMA, No. 5, p. 2)
The current BVM test procedure requires that, unless specified
otherwise, all standard components that would be used during normal
operation
[[Page 18948]]
of the basic model in the field and are 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) shall be in place during testing and shall be
set to the maximum energy-consuming setting if manually adjustable.
Section 2.2.5 of appendix B. Appendix B further requires that
components not necessary for the inventory, temperature management,
product merchandising (e.g., lighting or signage), product selection,
or product transport and delivery shall be de-energized, or if they
cannot be de-energized without preventing the operation of the machine,
then they shall be placed in the lowest energy consuming state. Id. Any
components with controls that are permanently operational and cannot be
adjusted by the machine operator shall be operated in their normal
setting. Id.
Leak mitigation controls are a component that may be offered on
BVMs. To the extent that leak mitigation controls are a user
controllable accessory (i.e., if they can be turned off), BVMs are able
to provide product inventory, temperature management, product
merchandising, product selection, and product transport and delivery
without the leak mitigation controls functioning. If the leak
mitigation controls are permanently operational and cannot be adjusted
by the user, the controls would always be operating in their normal
setting. Section 2.2.5 of appendix B specifies test settings for
accessories, including those not required for normal BVM operation and
those with permanently operational controls. Because section 2.2.5 of
appendix B already provides accessory test instructions, DOE has
tentatively determined that this section currently addresses the use of
leak mitigation controls during testing, but recognizes that further
specification may help ensure reproducible testing. DOE is therefore
proposing to amend the test procedure to provide specific instructions
regarding the use of leak mitigation controls consistent with the
existing requirements in appendix B. Specifically, DOE is proposing to
specify in newly added section 2.2.5.11 of appendix B that if the use
of leak mitigation controls is a user-controlled function (e.g., if the
use of the controls is optional and intended only for specific
installations), the controls would be de-energized or in their lowest
energy consuming state during testing. If leak mitigation controls are
not user-controlled and are always operational, DOE is proposing that
the controls would be operational for testing.
DOE acknowledges that the investigative work regarding leak
mitigation is ongoing. However, if leak mitigation controls always
operate and cannot be de-energized by the user, accounting for the
energy use of such controls would ensure that the DOE test procedure
measures energy consumption during a representative average use cycle
or period of use as required by EPCA. (42 U.S.C. 6293(b)(3))
As discussed, the proposed instructions regarding leak mitigation
controls are consistent with the existing requirements in section 2.2.5
of appendix B. Therefore, DOE does not expect the proposed amendments
to affect current BVM ratings or result in any additional testing
costs.
DOE requests comment on the proposed instructions regarding leak
mitigation control settings for BVM testing. Specifically, DOE requests
information regarding how such controls are currently or expected to be
implemented in BVMs, including whether the controls can be controlled
by the user.
The CA IOUs commented to encourage the adoption of low-GWP
alternative refrigerants in this and other relevant rulemakings, noting
that the use of R-134a in new vending machines has been banned in
California since January 1, 2019. The CA IOUs stated that as of June
10, 2021, several BVM manufacturers continue to provide R-134a systems,
but that alternate refrigeration-based BVMs are growing in market
share. The CA IOUs urged DOE to consider refrigerant choice as an
efficiency design option for this rulemaking. The CA IOUs also
recommended that DOE monitor ANSI/ASHRAE Standard 15-2019 ``Safety
Standard for Refrigeration Systems'' (``ANSI/ASHRAE 15-2019'') and UL
Standard 541 ``Refrigerated Vending Machines'' (``UL 541'') to ensure
that that the new test procedure will reflect the dynamic regulatory
market around refrigerants. (CA IOUs, No. 6, p. 3)
DOE has tentatively determined that the use of alternative
refrigerants in BVMs does not require any specific amendments or
instructions in the test procedure, except as noted with respect to
leak mitigation controls. Additionally, the test procedure proposed in
this NOPR, as well as the test procedure currently required for use,
measures any energy efficiency benefits of alternative refrigerants.
The use of alternative refrigerants to improve the efficiency of BVMs
may be considered as a technology option in the analysis for any
rulemaking to consider amended energy conservation standards for BVMs.
DOE is monitoring ANSI/ASHRAE 15-2019 and UL 541 to determine the
applicability of alternative refrigerants to the BVM market.
9. Connected Functions
The current DOE test procedure for BVMs does not include specific
test requirements regarding connected or smart features, but section
2.2.5 of appendix B provides instructions regarding accessories.
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.
In the May 2021 RFI, DOE requested comment on the prevalence of
connected functions, the BVM functions associated with them, how often
they are used, and their corresponding energy use impacts. 86 FR 27054,
27061. DOE also requested 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. Id.
NEEA and NPCC recommended that DOE include all energy consuming
accessories or features in the BVM test procedure because their
research indicates a trend in ``intelligent'' vending machines. NEEA
and NPCC noted that these vending machines offer several additional
features including the following: Machine/inventory management,
flexible payment options, remote communication, Wi-Fi, phone charging,
printing, and UV light sanitation. (NEEA and NPCC, No. 7, p. 2,3)
ASAP and NRDC commented that the existing DOE test provisions
regarding de-energizing non-essential accessories may affect connected
functions that impact the overall energy use of a BVM, and encouraged
DOE to investigate and capture the energy consumption associated with
the connected functions that would normally be de-energized during
testing. (ASAP and NRDC, No. 4, p. 3)
Based on a review of BVMs available on the market, the types of
connected
[[Page 18949]]
functions identified in the NEEA and NPCC comment do not appear to be
common. Additionally, DOE lacks information on how frequently such
functions would be used on BVMs with such functions. Without this data,
DOE has no information to suggest that the current testing approach
would produce results that are unrepresentative of an average use cycle
or period of use. DOE therefore is not proposing any changes to the
current test procedure approach in section 2.2.5 of appendix B as
applicable to connected functions. As described, this approach requires
testing with connected functions energized if they are necessary to
provide sufficient functionality for cooling and vending products in
field installations. Connected functions that are not necessary to
provide sufficient functionality for cooling and vending products in
field installations are de-energized or placed in the lowest energy
consuming state.
DOE requests comment on its tentative determination to maintain the
existing test procedure approach in section 2.2.5 of appendix B as
applicable to connected functions. DOE continues to request information
and data on the prevalence of connected functions, the BVM functions
associated with them, how often they are used, and their corresponding
energy use impacts.
10. Condenser Conditions
In response to the May 2021 RFI, CoilPod commented that condenser
coils become clogged in service, significantly impacting energy
efficiency, and that the test procedure does not account for such coil
fouling. CoilPod questioned whether it would be possible for the test
procedure to account for the lack of coil cleanings by BVM owners.
CoilPod stated that energy savings of approximately 20 percent could
result from coil cleaning units. (CoilPod, No. 3, p. 1)
DOE acknowledges that the energy consumption of BVMs can change
over the lifetime of the equipment due to lack of maintenance or other
factors. However, the DOE test procedure considers the performance of
new BVMs without considering any potential long-term performance of the
unit. Regarding the specific topic of condenser coil fouling, the end
user is responsible for properly maintaining the BVM, including any
condenser cleaning. Accordingly, DOE is not proposing to amend its test
procedure to account for operation with clogged condensers.
While DOE does not account for lifetime energy consumption in its
test procedures, it does consider energy consumption over the lifetime
of the equipment in the analysis conducted in support of developing
potential amended energy conservation standards. In such an analysis,
DOE may apply adjustment factors to consider performance degradation
over time.
DOE requests any additional information and data on how BVM energy
consumption may change over the lifetime of the equipment. DOE also
requests comment on whether any performance degradation occurs
consistently for all BVMs, or whether the impacts vary depending on
equipment type or specific equipment designs.
11. Removal of Obsolete Provisions
As discussed in section I.B, appendix B is required for testing
BVMs manufactured on or after January 8, 2019. As such, appendix A is
now obsolete for new units being manufactured. Therefore, DOE is
proposing to remove appendix A. DOE is not proposing to redesignate
appendix B as appendix A in order to avoid confusion regarding the
appropriate version of the test procedure required for use.
Additionally, the introductory note to appendix B currently
explains when manufacturers are required to use either appendix A or
appendix B for compliance with energy conservation standards and
representations of energy use. DOE is proposing to amend the
introductory note to remove the obsolete instructions and to instead
provide clarifying language regarding application of the payment
mechanism provisions, as discussed in section III.C.5 of this document.
D. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
In this NOPR, DOE proposes to amend the existing test procedure for
BVMs by referencing the most recent industry test standard, providing
setup instructions for non-beverage shelves, updating the LAPT
definition and instructions, requiring testing of coin and bill payment
mechanisms if shipped with the BVM (but not until the compliance date
of any amended energy conservation standards), specifying setup
instructions for leak mitigation controls, and removing the obsolete
appendix A. DOE has tentatively determined that these proposed
amendments would not impact testing costs.
Other than the proposed amendment to measure coin and bill payment
mechanisms, the proposals in this NOPR are generally consistent with
the requirements under the existing DOE test procedure. The proposed
amendments harmonize with the industry standard or provide additional
test instructions, but do not substantively change testing as currently
required in appendix B. Accordingly, DOE has tentatively determined
that manufacturers would be able to rely on data generated under the
current test procedure should any of these additional proposed
amendments be finalized, and would not incur additional costs as a
result of the amended test procedure.
Regarding the proposal to test with coin and bill payment
mechanisms energized, DOE does not expect this proposal to impact
testing costs until the compliance date of any amended energy
conservation standards for BVMs, should such standards be adopted. At
that time, the proposal would only require re-testing for any BVMs
shipped with coin or bill payment mechanisms in place. For all other
BVMs, the existing test procedure approach would remain unchanged. For
any BVMs requiring re-testing upon the compliance date of any amended
energy conservation standards for BVMs, DOE estimates re-testing costs
of approximately $8,300 per basic model.\14\
---------------------------------------------------------------------------
\14\ DOE estimates that the BVM per-test cost is approximately
$4,150, which includes the testing costs associated with running the
low-power mode tests (e.g., running the low power mode test with the
optional refrigeration low power mode verification). For each
certified basic model, DOE requires a sample size of two units
($4,150 x 2 = $8,300).
---------------------------------------------------------------------------
DOE requests comment on the tentative determination that
manufacturers would not incur any additional costs as a result of the
proposed amended test procedure. DOE also requests comment on its
estimate of per-test costs, should manufacturers re-test their BVM
basic models to comply with any future amended BVM energy conservation
standards.
In response to the May 2021 RFI, NAMA commented to express concern
over ongoing business interruptions and economic hardships caused by
the COVID-19 pandemic. NAMA stated that amending test procedures at
this time would place an undue burden on the industry and urged DOE to
postpone amending test procedures. (NAMA, No. 5, p. 1, 2)
As discussed, the proposed amendments would improve the clarity of
the DOE test procedure while not substantively changing the existing
test approach and the proposal to test with any coin and bill payment
mechanisms energized would not be required for use
[[Page 18950]]
until the compliance date of any amended energy conservation standards
for BVMs, should such standards be adopted. As a result, DOE has
tentatively determined that the proposed amendments would not result in
any additional costs for manufacturers and manufacturers would be able
to rely on data generated under the current test procedure for BVMs
already available on the market, until the compliance date of any
amended energy conservation standards at which time any BVMs shipped
with coin and bill payment mechanisms in place would be required to re-
test.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA) or
estimated operating costs of that product during a representative
average use cycle or period of use. 10 CFR 431.4; Section 8(c) of
appendix A of 10 CFR part 430 subpart C. In cases where the industry
standard does not meet EPCA statutory criteria for test procedures DOE
will make modifications through the rulemaking process to these
standards as the DOE test procedure.
As discussed, the test procedure at appendix B incorporates by
reference ANSI/ASHRAE Standard 32.1-2010. This standard provides
definitions, test conditions, and test methods for measuring
refrigerated volume and energy consumption of BVMs. The industry
standards that DOE proposes to incorporate by reference via amendments
described in this notice are discussed in further detail in section
IV.M of this document. DOE requests comments on the benefits and
burdens of the proposed updates and additions to industry standards
referenced in the test procedure for BVMs.
DOE notes that the BVM test procedure at appendix B includes a
number of deviations to ANSI/ASHRAE Standard 32.1-2010. Specifically,
appendix B only refers to certain sections of ANSI/ASHRAE Standard
32.1-2010, includes additional definitions, provides detailed setup and
settings instructions, accounts for operation in low power modes and
payment mechanism energy consumption, and provides rounding
instructions. These deviations were established to limit test burden
(i.e., by not requiring additional testing as specified in ANSI/ASHRAE
Standard 32.1-2010), improve representativeness, and improve
repeatability and reproducibility of the DOE test procedure as compared
to the procedure in ANSI/ASHRAE Standard 32.1-2010. As discussed in
sections III.B and III.C of this NOPR, DOE is proposing to incorporate
by reference the most recent version of the industry standard, ANSI/
ASHRAE Standard 32.1-2017. This version of the standard addresses
certain deviations between appendix B and ANSI/ASHRAE Standard 32.1-
2010. For other deviations not addressed in ANSI/ASHRAE Standard 32.1-
2017, DOE has tentatively determined that the existing deviations in
appendix B are necessary and appropriate.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866 and 13563
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires
agencies, to the extent permitted by law, to (1) propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs (recognizing that some benefits and costs are difficult to
quantify); (2) tailor regulations to impose the least burden on
society, consistent with obtaining regulatory objectives, taking into
account, among other things, and to the extent practicable, the costs
of cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, OIRA has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. For the reasons stated in the preamble,
this proposed regulatory action is consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (``OIRA'') for review. OIRA has determined that this
proposed regulatory action does not constitute a ``significant
regulatory action'' under section 3(f) of E.O. 12866. Accordingly, this
action was not submitted to OIRA for review under E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: energy.gov/gc/office-general-counsel.
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE certifies that the proposed rule, if adopted,
would not have significant economic impact on a substantial number of
small entities. The factual basis of this certification is set forth in
the following paragraphs.
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))
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. (42 U.S.C. 6295(gg)(2)(A))
[[Page 18951]]
Standby mode and off mode energy consumption must be incorporated into
the overall energy efficiency, energy consumption, or other energy
descriptor for each covered product unless the current test procedures
already account for and incorporate standby and off mode energy
consumption or such integration is technically infeasible. If an
integrated test procedure is technically infeasible, DOE must prescribe
a separate standby mode and off mode energy use test procedure for the
covered product, if technically feasible. (42 U.S.C.
6295(gg)(2)(A)(ii)) Any such amendment must consider the most current
versions of the International Electrotechnical Commission (``IEC'')
Standard 62301 \15\ and IEC Standard 62087 \16\ as applicable. (42
U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------
\15\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\16\ IEC 62087, Methods of measurement for the power consumption
of audio, video, and related equipment (Edition 3.0, 2011-04).
---------------------------------------------------------------------------
With respect to Refrigerated Bottled or Canned Beverage Vending
Machines (``BVMs''), EPCA requires the test procedure to be based on
the 2004 version of ANSI/ASHRAE Standard 32.1, ``Methods of Testing for
Rating Vending Machines for Bottled, Canned or Other Sealed
Beverages.'' (42 U.S.C. 6293(b)(15))
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))
DOE is publishing this proposed rulemaking in satisfaction of the
7-year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
In this NOPR, DOE proposes to update 10 CFR 431.294, ``Uniform test
method for the measurement of energy consumption of refrigerated
bottled or canned beverage vending machines,'' as follows:
(1) Incorporate by reference the current industry standard ANSI/
ASHRAE Standard 32.1-2017.
(2) Incorporate by reference the industry standard ANSI/AHAM
HRF-1-2008 referenced in ANSI/ASHRAE Standard 32.1-2017.
(3) Maintain the existing DOE test procedure requirements that
are not included in ANSI/ASHRAE Standard 32.1-2017.
(4) Provide setup instructions for non-beverage shelves in
refrigerated compartments.
(5) Amend the definition of LAPT to allow for testing BVMs only
capable of operating at temperatures below the specified test
temperature.
(6) Require testing of coin and bill payment mechanisms if
shipped with the BVM (but not until the compliance date of any
amended energy conservation standards).
(7) Specify setup instructions for leak mitigation controls
consistent with the existing test procedure instructions.
(8) Remove the obsolete test procedure in appendix A.
For manufacturers of BVMs, the Small Business Administration
(``SBA'') has set a size threshold, which defines those entities
classified as ``small businesses'' for the purposes of the statute. DOE
used the SBA's small business size standards to determine whether any
small entities would be subject to the requirements of the rule. See 13
CFR part 121. The equipment covered by this rule is classified under
North American Industry Classification System (``NAICS'') code
333318,\17\ ``Other Commercial and Service Industry Machinery
Manufacturing.'' The SBA sets a threshold of 1,000 employees or less
for an entity to be considered as a small business for this category.
---------------------------------------------------------------------------
\17\ The size standards are listed by NAICS code and industry
description and are available at: www.sba.gov/document/support--table-size-standards (Last accessed on December 22, 2021).
---------------------------------------------------------------------------
DOE reviewed its Compliance Certification Database (``CCD'') \18\
and California Energy Commission's Modernized Appliance Efficiency
Database System (``MAEDbS'') \19\ to create a list of companies that
import, private label, produce or manufacture the products covered by
this rulemaking. DOE relied on public data and subscription-based
market research tools (e.g., reports from Dun & Bradstreet \20\) to
determine company location, headcount, and annual revenue. DOE screened
out companies that do not offer BVMs covered by this proposed
rulemaking, do not meet the SBA's definition of a ``small business,''
or are foreign-owned and operated.
---------------------------------------------------------------------------
\18\ U.S. Department of Energy's Compliance Certification
Database, available at: www.regulations.doe.gov/certification-data
(last accessed December 16, 2021).
\19\ California Energy Commission's Modernized Appliance
Efficiency Database System, available at:
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx
(last access December 16, 2021).
\20\ The Dun & Bradstreet Hoovers subscription login is
available online at app.dnbhoovers.com/
---------------------------------------------------------------------------
DOE identified six original equipment manufacturers (``OEMs'') of
BVMs sold in the United States. Of the six OEMs identified, three OEMs
meet the SBA definition of a ``small business'' and are not foreign-
owned or operated.
In this NOPR, DOE proposes to amend the existing test procedure for
BVMs by referencing the most recent industry test standard, providing
setup instructions for non-beverage shelves, updating the LAPT
definition and instructions, requiring testing of coin and bill payment
mechanisms if shipped with the BVM (but not until the compliance date
of any amended energy conservation standards), specifying setup
instructions for leak mitigation controls, and removing the obsolete
appendix A. DOE has tentatively determined that these proposed
amendments would not impact testing costs.
Other than the proposed amendment to measure coin and bill payment
mechanisms, the proposals in this NOPR are generally consistent with
the requirements under the existing DOE test procedure. The proposed
amendments harmonize with the industry standard or provide additional
test instructions, but do not substantively change testing as currently
required in appendix B. Accordingly, DOE has tentatively determined
that manufacturers would be able to rely on data generated under the
current test procedure should any of these additional proposed
amendments be finalized, and would not incur additional costs as a
result of the amended test procedure.
Regarding the proposal to test with coin and bill payment
mechanisms energized, DOE does not expect this proposal to impact
testing costs until the compliance date of amended energy conservation
standards for BVMs, should such standards be adopted. At that time, the
proposal would require re-testing for BVMs shipped with coin or bill
payment mechanisms in place. DOE estimates that the cost for third-
party lab testing is approximately $8,300 per basic model. For all
other BVMs, the existing test procedure approach would remain
unchanged.
Although the re-testing of BVMs shipped with coin or bill payment
mechanisms is not required at this time, DOE developed cost estimates
for the three small BVM manufacturers,\21\ should amended energy
conservation standards be adopted in the future. For its analysis, DOE
assumed that all the unique basic models identified in CCD and MAEDbS
have coin or bill payment mechanisms and would need to be re-
[[Page 18952]]
tested. Additionally, DOE's cost estimate of $8,300 per basic model
includes the testing costs associated with running all the optional
tests (e.g., running the low power mode test with the optional
refrigeration low power mode verification). DOE used these conservative
assumptions in its analysis to avoid underestimating the potential test
burden on small BVM manufacturers.
---------------------------------------------------------------------------
\21\ ``Small BVM manufacturers'' refers to the ``small
business'' OEMs identified as the small entities that would be
subject to this proposal, consistent with DOE's policies and
procedures. See 68 FR 7990.
---------------------------------------------------------------------------
The three small BVM manufacturers, on average, offer 10 unique
basic models and have an average annual revenue of approximately $39.3
million.\22\ DOE estimates that the average cost for a small BVM
manufacturer to re-test all of their BVM basic models would be less
than one percent of their annual revenue. The small BVM manufacturer
with the highest expected test burden offers 19 BVM models and has an
annual revenue of $19.0 million. DOE estimates their re-testing costs
could reach $157,700,\23\ which represents approximately 0.8 percent of
their annual revenue.
---------------------------------------------------------------------------
\22\ DOE relied on the estimated annual revenue figures from Dun
and Bradstreet to determine the annual revenue of the three small
BVM manufacturers. (The D&B login is accessible at:
app.dnbhoovers.com/)
\23\ Testing costs of $8,300 per basic model for 19 BVM models
($8,300 x 19 = $157,700).
---------------------------------------------------------------------------
DOE has tentatively determined that the proposed amendments in this
NOPR would result in minimal cost impacts for small BVM manufacturers.
Furthermore, these minimal re-testing costs would not be incurred
unless and until amended energy conservation standards for BVMs are
adopted and would only apply to BVM basic models shipped with coin or
bill payment mechanisms in place. Therefore, DOE initially concludes
that the impacts of the proposed test procedure amendments proposed in
this NOPR would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of an
IRFA is not warranted. DOE will transmit the certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
DOE requests comment on the number of small BVM manufacturers and
the cost impacts of this proposed rule on those small manufacturers.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of BVMs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including BVMs. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (``PRA''). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. DOE is not proposing to amend the
certification and recordkeeping requirements for BVMs.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this NOPR, DOE proposes test procedure amendments that it
expects will be used to develop and implement future energy
conservation standards for the BVM test procedure, ``Uniform Test
Method for the Measurement of Energy Consumption of Refrigerated
Bottled or Canned Vending Machines''. 10 CFR 431.294. DOE has
determined that this proposed rule falls into a class of actions that
are categorically excluded from review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing
regulations at 10 CFR part 1021. Specifically, DOE has determined that
adopting test procedures for measuring energy efficiency of consumer
products and industrial equipment is consistent with activities
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6.
Accordingly, neither an environmental assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to
[[Page 18953]]
determine whether they are met or it is unreasonable to meet one or
more of them. DOE has completed the required review and determined
that, to the extent permitted by law, the proposed rule meets the
relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at energy.gov/gc/office-general-counsel. DOE examined this proposed
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of BVMs is not a significant regulatory
action under Executive Order 12866. Moreover, it would not have a
significant adverse effect on the supply, distribution, or use of
energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the test procedure for BVMs would
incorporate testing methods contained in certain sections of the
following commercial standards: ANSI/ASHRAE Standard 32.1-2017. DOE has
evaluated these standards and is unable to conclude whether they fully
comply with the requirements of section 32(b) of the FEAA (i.e.,
whether it was developed in a manner that fully provides for public
participation, comment, and review.) DOE will consult with both the
Attorney General and the Chairman of the FTC concerning the impact of
these test procedures on competition, prior to prescribing a final
rule.
M. Description of Materials Incorporated by Reference
In this NOPR, DOE proposes to incorporate by reference the 2017
test standard published by ANSI/ASHRAE, titled ``Methods of Testing for
Rating Refrigerated Vending Machines for Sealed Beverages.'' ANSI/
ASHRAE Standard 32.1-2017 is an industry-accepted test procedure that
measures capacity and efficiency of BVMs. The test procedure proposed
in this NOPR references various sections of ANSI/ASHRAE Standard 32.1-
2017 that address definitions, test setup,
[[Page 18954]]
instrumentation, test conduct, and calculations. ANSI/ASHRAE Standard
32.1-2017 is readily available at ANSI's website at webstore.ansi.org.
DOE also proposes to incorporate by reference the 2008 test
standard published by ANSI/AHAM, titled ``Energy And Internal Volume Of
Refrigerating Appliances.'' ANSI/AHAM HRF-1-2008 is referenced by ANSI/
ASHRAE Standard 32.1-2017 as the industry-accepted method for
determining refrigerated volume for BVMs. By reference to ANSI/ASHRAE
Standard 32.1-2017, the test procedure proposed in this NOPR refers
only to the refrigerated volume section of ANSI/AHAM HRF-1-2008. ANSI/
AHAM HRF-1-2008 can be purchased at webstore.ansi.org/standards/aham/ahamhrf2008.
V. Public Participation
A. Participation in the Webinar
The time and date for the webinar meeting are listed in the DATES
section at the beginning of this document. Webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published at
www.regulations.gov/docket/EERE-2021-BT-TP-0007. Participants are
responsible for ensuring their systems are compatible with the webinar
software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
document, or who is representative of a group or class of persons that
has an interest in these issues, may request an opportunity to make an
oral presentation at the webinar. Such persons may submit to
[email protected]. Persons who wish to speak
should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this proposed rulemaking and the topics
they wish to discuss. Such persons should also provide a daytime
telephone number where they can be reached.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar/public
meeting and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA (42
U.S.C. 6306). A court reporter will be present to record the
proceedings and prepare a transcript. DOE reserves the right to
schedule the order of presentations and to establish the procedures
governing the conduct of the webinar/public meeting. There shall not be
discussion of proprietary information, costs or prices, market share,
or other commercial matters regulated by U.S. anti-trust laws. After
the webinar/public meeting and until the end of the comment period,
interested parties may submit further comments on the proceedings and
any aspect of the proposed rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will present a general overview of the topics addressed in this
proposed rulemaking, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this proposed rulemaking. Each participant will be
allowed to make a general statement (within time limits determined by
DOE), before the discussion of specific topics. DOE will permit, as
time permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this proposed
rulemaking. The official conducting the webinar/public meeting will
accept additional comments or questions from those attending, as time
permits. The presiding official will announce any further procedural
rules or modification of the above procedures that may be needed for
the proper conduct of the webinar/public meeting.
A transcript of the webinar will be included in the docket, which
can be viewed as described in the Docket section at the beginning of
this document. In addition, any person may buy a copy of the transcript
from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule.\24\ Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
---------------------------------------------------------------------------
\24\ DOE has historically provided a 75-day comment period for
test procedure NOPRs pursuant to the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1,
2020, the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect,
and Congress's action in replacing NAFTA through the USMCA
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the
repeal of E.O. 12889 and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are EPCA and the
USMCA Implementation Act. Consistent with EPCA's public comment
period requirements for consumer products, the USMCA only requires a
minimum comment period of 60 days. Consequently, DOE now provides a
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------
Submitting comments via www.regulations.gov. The
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 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 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 www.regulations.gov before
[[Page 18955]]
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 www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to 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 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 faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, 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. 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).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comment on its proposal to incorporate by
reference the most current industry test standard, ANSI/ASHRAE Standard
32.1-2017, including the updated reference to ANSI/AHAM HRF-1-2008 for
measuring refrigerated volume. Specifically, DOE requests comment on
whether the proposed amendments would affect BVM ratings as measured
under the existing test procedure or whether they would impact test
burden.
(2) DOE continues to request information on typical loads for non-
refrigerated compartments in combination BVMs and, if DOE were to
require such loads for testing, the potential impacts on combination
BVM energy consumption and test burden.
(3) DOE requests comment on the proposal to specify that non-
beverage merchandise shelves not be loaded for testing BVMs. DOE seeks
information on how such models are currently tested and on whether this
proposal would impact current BVM ratings or test burden.
(4) DOE requests comment on its initial determination to maintain
the existing LAPT approach for units that operate only at temperatures
above the IAT of 36 [deg]F 1 [deg]F. DOE requests comment
on its proposal to require testing at the highest integrated average
temperature a given basic model is capable of maintaining for units
that are only capable of operating at temperatures below the specified
IAT of 36 [deg]F 1 [deg]F.
(5) DOE requests comment on its proposal to require testing with
coin and bill payment mechanisms energized, if they are included in the
BVM as shipped. DOE requests comment on whether this approach would
result in any additional test burden. DOE additionally requests comment
on its proposal to require that any credit card payment mechanisms be
disconnected or de-energized, if possible, or in place but set to the
lowest energy consuming state, if they cannot be de-energized, for
testing. DOE further requests information on the continued use of the
0.20 kWh/day energy use adder for BVMs shipped with no coin or bill
payment mechanisms in place. DOE also requests comment on the proposal
to not require the use of these amendments until the compliance date of
any future amended energy conservation standards for BVMs.
(6) DOE requests comment on its tentative determination to not
account for learning-based controls. DOE continues to seek data and
information on the implementation and operation of such controls for
BVMs.
(7) DOE requests comment on its initial determination to maintain
the existing calculation approach to account for operation in
refrigeration low power mode. DOE continues to seek information and
data on whether the assumed operating period (6 hours) and
corresponding energy consumption impact (3 percent) are appropriate for
BVMs operating in refrigeration low power mode.
(8) DOE requests comment on the proposed instructions regarding
leak mitigation control settings for BVM testing. Specifically, DOE
requests information regarding how such controls are currently or
expected to be implemented in BVMs, including whether the controls can
be controlled by the user.
(9) DOE requests comment on its tentative determination to maintain
the existing test procedure approach in section 2.2.5 of appendix B as
applicable to connected functions. DOE continues to request information
and data on the prevalence of connected functions, the BVM functions
associated with them, how often they are used, and their corresponding
energy use impacts.
(10) DOE requests any additional information and data on how BVM
energy consumption may change over the lifetime of the equipment. DOE
also requests comment on whether any performance degradation occurs
consistently for all BVMs, or whether the impacts vary depending on
equipment type or specific equipment designs.
(11) DOE requests comment on the tentative determination that
manufacturers would not incur any additional costs as a result of the
proposed amended test procedure. DOE also requests comment on its
estimate of per-test costs, should manufacturers re-test their BVM
basic models to comply with any future amended BVM energy conservation
standards.
(12) DOE requests comment on the number of small BVM manufacturers
and the cost impacts of this proposed rule on those small
manufacturers.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed
[[Page 18956]]
rulemaking and announcement of public meeting.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Incorporation by
reference, and Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on March 17,
2022, by Kelly J. Speakes-Backman, Principal Deputy 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 March 18, 2022.
Treena V. Garrett
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 431 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 431.292 is amended by revising the definition for ``V'' to
read as follows:
* * * * *
V means the refrigerated volume (ft\3\) of the refrigerated bottled
or canned beverage vending machine, as measured by Appendix C of ANSI/
ASHRAE 32.1, including the referenced methodology in AHAM HREF-1-2008
(both incorporated by reference, see Sec. 431.293).
0
3. Section 431.293 is revised to read as follows:
Sec. 431.293 Materials incorporated by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, DOE must publish a document in the
Federal Register and the material must be available to the public. All
approved material is available for inspection at DOE, and at the
National Archives and Records Administration (NARA). Contact DOE at:
The U.S. Department of Energy, Office of Energy Efficiency and
Renewable Energy, Building Technologies Program, Sixth Floor, 950
L'Enfant Plaza SW, Washington, DC 20024, (202) 586-9127,
[email protected], https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this
material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the sources in the following paragraphs of this
section.
(b) ASHRAE. American Society of Heating, Refrigerating and Air-
Conditioning Engineers, 1791 Tullie Circle NE, Atlanta, GA 30329; (404)
636-8400; www.ashrae.org.
(1) ANSI/ASHRAE Standard 32.1-2017, (``ANSI/ASHRAE 32.1''),
``Methods of Testing for Rating Refrigerated Vending Machines for
Sealed Beverages,'' approved February 2, 2017, IBR approved for Sec.
431.292 and appendix B to this subpart.
(2) [Reserved]
(c) AHAM. Association of Home Appliance Manufacturers, 1111 19th
Street NW, Suite 402, Washington, DC 20036; (202) 872-5955;
www.aham.org.
(1) AHAM HRF-1-2008 (``HRF-1-2008''), ``Energy and Internal Volume
of Refrigerating Appliances,'' including Errata to Energy and Internal
Volume of Refrigerating Appliances, Correction Sheet issued November
17, 2009, IBR approved for Sec. 431.292 and appendix B to this
subpart.
(2) [Reserved]
(d) ASTM. ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org.
(1) ASTM E1084-86 (Reapproved 2009), ``Standard Test Method for
Solar Transmittance (Terrestrial) of Sheet Materials Using Sunlight,''
approved April 1, 2009, IBR approved for Sec. 431.292.
(2) [Reserved]
Appendix A to Subpart Q of Part 431 [Removed and Reserved]
0
4. Remove and reserve appendix A to subpart Q of part 431.
0
5. Appendix B to subpart Q of part 431 is revised to read as follows:
Appendix B to Subpart Q of Part 431--Uniform Test Method for the
Measurement of Energy Consumption of Refrigerated Bottled or Canned
Beverage Vending Machines
Note: Any representations made with respect to energy use or
efficiency to demonstrate compliance with the energy conservation
standards at 10 CFR 431.296, for which compliance was required as of
January 8, 2019 must be made in accordance with the results of
testing pursuant to this appendix using the payment mechanism
testing requirements specified in section 2.2.5.1(a) of this
appendix. Any representations made on or after the compliance date
of any amended energy conservation standards, must be made in
accordance with the results of testing pursuant to this appendix and
must use the payment mechanism testing requirements specified in
section 2.2.5.1(b) of this appendix.
0. Incorporation by reference.
DOE incorporated by reference in Sec. 431.293 the entire
standard for AHAM HRF-1-2008 and ANSI/ASHRAE 32.1; however, only
enumerated provisions of those documents are applicable to this
appendix as follows:
0.1. AHAM HRF-1-2008
(i) Section 4, ``Method for Computing Refrigerated Volume of
Refrigerators and Wine Chillers,'' as referenced in section 3.1 of
this appendix.
0.2. ANSI/ASHRAE 32.1
(i) Section 3 ``Definitions'' as referenced in section 1 of this
appendix.
(ii) Section 4 ``Instruments'' as referenced in section 2 of
this appendix.
(iii) Section 5 ``Vending Machine Capacity'' and Normative
Appendix C ``Measurement of Volume'' as referenced in sections 2 and
3.1 of this appendix.
(iv) Section 6 ``Test Conditions'' as referenced in section 2 of
this appendix.
(v) Section 7.1 ``Test Procedures--General Requirements''
(except Section 7.1.2 ``Functionality'' and Section 7.1.5.1
``Beverage Temperature Test Packages'') and Section 7.2 ``Energy
Consumption Test'' (except Section 7.2.2.6) as referenced in section
2 of this appendix.
1. General. In cases where there is a conflict, the language of
the test procedure in this appendix takes precedence over ANSI/
ASHRAE 32.1.
1.1. Definitions. In addition to the definitions specified in
Section 3, ``Definitions,'' of ANSI/ASHRAE 32.1 the following
definitions are also applicable to this appendix.
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
[[Page 18957]]
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).
External accessory standby mode means the mode of operation in
which any external, integral customer display signs, lighting, or
digital screens are connected to mains power; do not produce the
intended illumination, display, or interaction functionality; and
can be switched into another mode automatically with only a remote
user-generated or an internal signal.
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.
Lowest application product temperature means either:
(a) For units that operate only at temperatures above the
integrated average temperature specified in Table 1 of ANSI/ASHRAE
32.1, the lowest integrated average temperature a given basic model
is capable of maintaining so as to comply with the temperature
stabilization requirements specified in Section 7.2.2.2 of ANSI/
ASHRAE 32.1; or
(b) For units that operate only at temperatures below the
integrated average temperature specified in Table 1 of ANSI/ASHRAE
32.1, the highest integrated average temperature a given basic model
is capable of maintaining so as to comply with the temperature
stabilization requirements specified in Section 7.2.2.2 of ANSI/
ASHRAE Standard 32.1.
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 this appendix.
2. Test Procedure. Conduct testing according to Section 4,
``Instruments''; Section 5, ``Vendible Capacity''; Section 6, ``Test
Conditions''; Section 7.1, ``Test Procedures--General Requirements''
(except Section 7.1.2 ``Functionality'' and Section 7.1.5.1
``Beverage Temperature Test Packages''); and Section 7.2, ``Energy
Consumption Test'' (except Section 7.2.2.6) of ANSI/ASHRAE 32.1,
except as described in the following sections.
2.1. Lowest Application Product Temperature. If a refrigerated
bottled or canned beverage vending machine is not capable of
maintaining an integrated average temperature of 36 [deg]F (1 [deg]F) during the 24 hour test period, the unit must be
tested at the lowest application product temperature, as defined in
section 1.1 of this appendix.
2.2. Equipment Installation and Test Set Up. Except as provided
in this section 2.2 of this appendix, the test procedure for energy
consumption of refrigerated bottled or canned beverage vending
machines shall be conducted in accordance with the methods specified
in Sections 7.1 through 7.2.2.7 under ``Test Procedures'' of ANSI/
ASHRAE 32.1.
2.2.1. Equipment Loading. Configure refrigerated bottled or
canned beverage vending machines to hold the maximum number of
standard products.
2.2.1.1. Non-Beverage Shelves. Any shelves within the
refrigerated compartment(s) intended only for non-beverage
merchandise shall not be loaded for testing.
2.2.1.2. Standard Products. The standard product shall be
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. For product storage racks that are not capable of vending
12-ounce cans, but are capable of vending 20-ounce bottles, the
standard product shall be 20-ounce plastic bottles filled with a
liquid with a density of 1.0 g/mL 0.1 g/mL at 36 [deg]F.
For product storage racks that are not capable of vending 12-ounce
cans or 20-ounce bottles, the standard product shall be 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).
2.2.1.3. Standard Test Packages. A standard test package is a
standard product, as specified in section 2.2.1.2 of this appendix,
altered to include a temperature-measuring instrument at its center
of mass.
2.2.2. Sensor Placement. The integrated average temperature of
next-to-vend beverages shall be measured in standard test packages
in the next-to-vend product locations specified in Section 7.1.5.2
of ANSI/ASHRAE 32.1. Do not run the thermocouple wire and other
measurement apparatus through the dispensing door; the thermocouple
wire and other measurement apparatus must be configured and sealed
so as to minimize air flow between the interior refrigerated volume
and the ambient room air. If a manufacturer chooses to employ a
method other than routing thermocouple and sensor wires through the
door gasket and ensuring the gasket is compressed around the wire to
ensure a good seal, then it must maintain a record of the method
used in the data underlying that basic model's certification
pursuant to 10 CFR 429.71.
2.2.3. Vending Mode Test Period. The vending mode test period
begins after temperature stabilization has been achieved, as
described in ANSI/ASHRAE 32.1 Section 7.2.2.2 and continues for 18
hours for equipment with an accessory low power mode or for 24 hours
for equipment without an accessory low power mode. For the vending
mode test period, equipment that has energy-saving features that
cannot be disabled shall have those features set to the most energy-
consuming settings, except for as specified in section 2.2.4 of this
appendix. In addition, all energy management systems shall be
disabled. Provide, if necessary, any physical stimuli or other input
to the machine needed to prevent automatic activation of low power
modes during the vending mode test period.
2.2.4. Accessory Low Power Mode Test Period. For equipment with
an accessory low power mode, the accessory low power mode may be
engaged for 6 hours, beginning 18 hours after the temperature
stabilization requirements established in Section 7.2.2.2 of ANSI/
ASHRAE 32.1 have been achieved, and continuing until the end of the
24-hour test period. During the accessory low power mode test,
operate the refrigerated bottled or canned beverage vending machine
with the lowest energy-consuming lighting and control settings that
constitute an accessory low power mode. The specification and
tolerances for integrated average temperature in Table 2 of ANSI/
ASHRAE 32.1 still apply, and any refrigeration low power mode must
not be engaged. Provide, if necessary, any physical stimuli or other
input to the machine needed to prevent automatic activation of
refrigeration low power modes during the accessory low power mode
test period.
2.2.5. Accessories. Unless specified otherwise in this appendix
or ANSI/ASRAE 32.1, all standard components that would be used
during normal operation of the basic model in the field and are
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) shall be in place during testing and shall be set to the
maximum energy-consuming setting if manually adjustable. Components
not necessary for the inventory, temperature management, product
merchandising (e.g., lighting or signage), product selection, or
product transport and delivery shall be de-energized. If systems not
required for the primary functionality of the machine as stated in
this section cannot be de-energized without preventing the operation
of the machine, then they shall be placed in the lowest energy
consuming state. Components with controls that are permanently
operational and cannot be adjusted by the machine operator shall be
operated in their normal setting and consistent with the
requirements of sections 2.2.3 and 2.2.4 of this appendix. The
specific components and accessories listed in the subsequent
sections shall be operated as stated during the test, except when
controlled as part of a low power mode during the low power mode
test period.
2.2.5.1. Payment Mechanisms.
(a) For purposes of demonstrating compliance with the energy
conservation standards specified in Sec. 431.296(b) for which
compliance was required as of January 8, 2019, refrigerated bottled
or canned beverage vending machines must be tested 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 kWh/day shall be added to
the primary rated energy consumption per day, as noted in section
2.3 of this appendix.
(b) Refrigerated bottled or canned beverage vending machines
required to comply with any amended energy conservation standards
must be tested with any coin and or bill payment mechanisms shipped
with the
[[Page 18958]]
model in place and energized. Credit card reader payment mechanisms
shall be tested with 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. For
refrigerated bottled or canned beverage vending machines shipped
with no payment mechanism in place, or only a credit card reader
payment mechanism in place, a default payment mechanism energy
consumption value of 0.20 kWh/day shall be added to the primary
rated energy consumption per day, as noted in section 2.3 of this
appendix.
2.2.5.2. Internal Lighting. All lighting that is contained
within or is part of the internal physical boundary of the
refrigerated bottled or canned beverage vending machine, as
established by the top, bottom, and side panels of the equipment,
shall be placed in its maximum energy consuming state.
2.2.5.3. External Customer Display Signs, Lights, and Digital
Screens. All external customer display signs, lights, and digital
screens that are independent from the refrigeration or vending
performance of the refrigerated bottled or canned beverage vending
machine must be disconnected, disabled, or otherwise de-energized
for the duration of testing. Customer display signs, lighting, and
digital screens that are integrated into the beverage vending
machine cabinet or controls such that they cannot be de-energized
without disabling the refrigeration or vending functions of the
refrigerated bottled or canned beverage vending machine or modifying
the circuitry must be placed in external accessory standby mode, if
available, or their lowest energy-consuming state. Digital displays
that also serve a vending or money processing function must be
placed in the lowest energy-consuming state that still allows the
money processing feature to function.
2.2.5.4. Anti-sweat or Other Electric Resistance Heaters. Anti-
sweat or other electric resistance heaters must be operational
during the entirety of the test procedure. Units with a user-
selectable setting must have the heaters energized and set to the
most energy-consumptive position. Units featuring an automatic, non-
user-adjustable controller that turns on or off based on
environmental conditions must be operating in the automatic state.
Units that are not shipped with a controller from the point of
manufacture, but are intended to be used with a controller, must be
equipped with an appropriate controller when tested.
2.2.5.5. Condensate Pan Heaters and Pumps. All electric
resistance condensate heaters and condensate pumps must be installed
and operational during the test. Prior to the start of the test,
including the 24 hour period used to determine temperature
stabilization prior to the start of the test period, as described in
ANSI/ASHRAE 32.1 Section 7.2.2.2, the condensate pan must be dry.
For the duration of the test, including the 24 hour time period
necessary for temperature stabilization, allow any condensate
moisture generated to accumulate in the pan. Do not manually add or
remove water from the condensate pan at any time during the test.
Any automatic controls that initiate the operation of the condensate
pan heater or pump based on water level or ambient conditions must
be enabled and operated in the automatic setting.
2.2.5.6. Illuminated Temperature Displays. All illuminated
temperature displays must be energized and operated during the test
the same way they would be energized and operated during normal
field operation, as recommended in manufacturer product literature,
including manuals.
2.2.5.7. Condenser Filters. Remove any nonpermanent filters
provided to prevent particulates from blocking a model's condenser
coil.
2.2.5.8. Security Covers. Remove any devices used to secure the
model from theft or tampering.
2.2.5.9. General Purpose Outlets. During the test, do not
connect any external load to any general purpose outlets available
on a unit.
2.2.5.10. Crankcase Heaters and Other Electric Resistance
Heaters for Cold Weather. Crankcase heaters and other electric
resistance heaters for cold weather must be operational during the
test. If a control system, such as a thermostat or electronic
controller, is used to modulate the operation of the heater, it must
be activated during the test and operated in accordance with the
manufacturer's instructions.
2.2.5.11. Refrigerant Leak Mitigation Controls. If the use of
leak mitigation controls is a user-controlled function (e.g., if the
use of the controls is optional and intended only for specific
installations), the controls shall be de-energized or in their
lowest energy consuming state during testing. If leak mitigation
controls are not user-controlled and are always operational, the
controls shall be energized and operational for testing.
2.3. Determination of Daily Energy Consumption. The daily energy
consumption shall be equal to the primary rated energy consumption
per day (ED), in kWh, determined in accordance with the calculation
procedure in Section 7.2.3.1, ``Calculation of Daily Energy
Consumption,'' of ANSI/ASHRAE 32.1 plus the default payment
mechanism energy consumption value from section 2.2.5.1 of this
appendix, if applicable. In Section 7.2.3.1 of ANSI/ASHRAE 32.1, the
energy consumed during the test shall be the energy measured during
the vending mode test period and accessory low power mode test
period, as specified in sections 2.2.3 and 2.2.4 of this appendix,
as applicable.
2.3.1. Refrigeration Low Power Mode. For refrigerated bottled or
canned beverage vending machines with a refrigeration low power
mode, multiply the value determined in section 2.3 of this appendix
by 0.97 to determine the daily energy consumption of the unit
tested. For refrigerated bottled or canned beverage vending machines
without a refrigeration low power mode, the value determined in
section 2.3 of this appendix is the daily energy consumption of the
unit tested.
2.3.1.1. Refrigeration Low Power Mode Validation Test Method.
This test method is not required for the certification of
refrigerated bottled or canned beverage vending machines. To verify
the existence of a refrigeration low power mode, initiate the
refrigeration low power mode in accordance with manufacturer
instructions contained in product literature and manuals, after
completion of the 6-hour low power mode test period. Continue
recording all the data specified in Section 7.2.2.3 of ANSI/ASHRAE
32.1 until existence of a refrigeration low power mode has been
confirmed or denied. The refrigerated bottled or canned beverage
vending machine shall be deemed to have a refrigeration low power
mode if either:
(a) The following three requirements have been satisfied:
(1) The instantaneous average next-to-vend beverage temperature
must reach at least 4 [deg]F above the integrated average
temperature or lowest application product temperature, as
applicable, within 6 hours.
(2) The instantaneous average next-to-vend beverage temperature
must be maintained at least 4 [deg]F above the integrated average
temperature or lowest application product temperature, as
applicable, for at least 1 hour.
(3) After the instantaneous average next-to-vend beverage
temperature is maintained at or above 4 [deg]F above the integrated
average temperature or lowest application product temperature, as
applicable, for at least 1 hour, the refrigerated beverage vending
machine must return to the specified integrated average temperature
or lowest application product temperature, as applicable,
automatically without direct physical intervention.
(b) Or, the compressor does not cycle on for the entire 6 hour
period, in which case the instantaneous average beverage temperature
does not have to reach 4 [deg]F above the integrated average
temperature or lowest application product temperature, as
applicable, but, the equipment must still automatically return to
the integrated average temperature or lowest application product
temperature, as applicable, after the 6 hour period without direct
physical intervention.
2.3.2. Calculations and Rounding. In all cases, the daily energy
consumption must be calculated with raw measured values and the
final result rounded to units of 0.01 kWh/day.
3. Determination of Refrigeration Volume and Surface Area.
3.1. Refrigerated Volume. Determine the ``refrigerated volume''
of refrigerated bottled or canned beverage vending machines in
accordance with Section 5.3, ``Refrigerated Volume,'' and Appendix
C, ``Measurement of Volume,'' of ANSI/ASHRAE 32.1 including the
referenced methodology in Section 4, ``Method for Computing
Refrigerated Volume of Refrigerators and Wine Chillers,'' of AHAM
HRF-1-2008. For combination vending machines, the ``refrigerated
volume'' does not include any non-refrigerated compartment(s).
3.2. Determination of Surface Area. Note: This section is not
required for the certification of refrigerated bottled or canned
beverage vending machines. Determine the
[[Page 18959]]
surface area of each beverage vending machine as the length
multiplied by the height of outermost surface of the beverage
vending machine cabinet, measured from edge to edge excluding any
legs or other protrusions that extend beyond the dimensions of the
primary cabinet. Determine the transparent and non-transparent areas
on each side of a beverage vending machine as the total surface area
of material that is transparent or is not transparent, respectively.
[FR Doc. 2022-06139 Filed 3-30-22; 8:45 am]
BILLING CODE 6450-01-P