[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Rules and Regulations]
[Pages 28381-28402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09036]


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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: Final rule.

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SUMMARY: The U.S. Department of Energy (DOE) amends the test procedures 
for refrigerated bottled or canned beverage vending machines (BVMs) to 
reference the latest version of the industry standard, while 
maintaining certain provisions specified in the current DOE test 
procedure. DOE also provides setup instructions for non-beverage 
shelves, updates the lowest application product temperature definition 
and test instructions, specifies setup instructions for refrigeration 
leak mitigation controls, and removes the obsolete test procedure.

DATES: The effective date of this rule is June 5, 2023. The amendments 
will be

[[Page 28382]]

mandatory for equipment testing starting October 31, 2023.
    The incorporation by reference of certain material listed in the 
rule is approved by the Director of the Federal Register on June 5, 
2023. The incorporation by reference of certain other material listed 
in the rule was approved by the Director of the Federal Register on 
March 8, 2016.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, 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, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to 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.
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: 
    Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-0371. 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].

SUPPLEMENTARY INFORMATION: DOE maintains a previously approved 
incorporation by reference and incorporates by reference the following 
industry standards into part 431:
    AHAM HRF-1-2016, ``Energy and Internal Volume of Refrigerating 
Appliances.''
    ANSI/ASHRAE Standard 32.1-2022, ``Methods of Testing for Rating 
Refrigerated Vending Machines for Sealed Beverages,'' approved December 
30, 2022.
    Copies of AHAM HRF-1-2016 can be purchased from the Association of 
Home Appliance Manufacturers (AHAM), 1111 19th Street NW, Suite 402, 
Washington, DC 20036, 202-872-5955, www.aham.org/AHAM/Store.
    Copies of ANSI/ASHRAE Standard 32.1-2022 can be purchased from the 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) Inc., 180 Technology Parkway NW, Peachtree Corners, 
GA 300092, (800) 527-4723, webstore.ansi.org.
    For a further discussion of these standards, see section IV.N of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
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 Periods
    8. Refrigerant Leak Mitigation Controls
    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
    E. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 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
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. 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 BVMs. (42 U.S.C. 6295(v); 42 U.S.C. 
6293(b)(15)) DOE's energy conservation standards and test procedures 
for BVMs are currently prescribed at subpart Q of 10 CFR part 431. 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, Public Law 94-163, 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 of EPCA \2\ 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\
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    \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), which reflect the last statutory 
amendments that impact Parts A and A-1 of EPCA.
    \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 therefore refers to BVMs as ``equipment'' 
throughout this document. 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.
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    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 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

[[Page 28383]]

under EPCA (42 U.S.C. 6295(s)), and (2) making other representations 
about the efficiency of those products (42 U.S.C. 6293(c)). Similarly, 
DOE must use these test procedures to determine whether the products 
comply with any 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) 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 shall 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 (as determined by the Secretary) or period of use and 
shall 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))
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    \4\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \5\ IEC 62087, Audio, video, and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018).
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    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 or period of 
use. (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))
    DOE is publishing this final rule 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, appendices A and B, both titled ``Uniform Test Method for 
the Measurement of Energy Consumption of Refrigerated Bottled or Canned 
Beverage Vending Machines'' (appendices A and 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 appendices A and 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 appendices A 
and 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 the 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.
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    \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.
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    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. On March 31, 
2022, DOE published in the Federal Register a notice of proposed 
rulemaking (NOPR) that proposed to update the test procedure at 
appendix B (March 2022 NOPR). 87 FR 18936. In the March 2022 NOPR, DOE 
proposed the following amendments and requested feedback on these 
proposals:

    (1) Incorporate by reference the current industry standard ANSI/
ASHRAE Standard 32.1-2017.
    (2) Incorporate by reference the industry standard AHAM HRF-1-
2008 referenced in ANSI/ASHRAE Standard 32.1-2017.

[[Page 28384]]

    (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 coin and bill payment mechanisms to be energized for 
testing if shipped with the BVM (but not until the compliance date 
of any amended energy conservation standards).
    (7) Specify setup instructions for refrigerant leak mitigation 
controls consistent with the existing test procedure instructions.
    (8) Remove the obsolete test procedure in appendix A.

87 FR 18936.

    DOE received comments in response to the March 2022 NOPR from the 
interested parties listed in Table I.I.

   Table I.I--List of Commenters With Written Submissions or Oral Comments in Response to the March 2022 NOPR
----------------------------------------------------------------------------------------------------------------
                                                                   Reference No.
           Commenter(s)             Reference in this final rule   in the docket          Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, and     AHRI.........................            * 12  Trade Association.
 Refrigeration Institute.
Appliance Standards Awareness      Joint Commenters.............              13  Efficiency Advocates.
 Project; American Council for an
 Energy-Efficient Economy;
 Northwest Energy Efficiency
 Alliance.
National Automatic Merchandising   NAMA.........................              14  Trade Association.
 Association.
Steven Neubauer..................  Neubauer.....................               9  Individual.
----------------------------------------------------------------------------------------------------------------
* Document number 12 is the transcript of the webinar. Commenter did not submit written comments.

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\7\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the May 2, 2022, public meeting (hereafter, the NOPR public 
meeting), DOE cites the written comments throughout this final rule.
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    \7\ The parenthetical reference provides a reference to 
information located in the docket of DOE's rulemaking to develop 
test procedures for refrigerated bottled or canned beverage vending 
machines (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).
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II. Synopsis of the Final Rule

    In this final rule, DOE amends the test procedure at appendix B as 
follows:
    (1) Incorporates by reference the current industry standard ANSI/
ASHRAE Standard 32.1-2022.
    (2) Incorporates by reference the industry standard AHAM HRF-1-2016 
referenced in ANSI/ASHRAE Standard 32.1-2022.
    (3) Provides setup instructions for non-beverage shelves in 
refrigerated compartments.
    (4) Amends the definition of LAPT to allow for testing BVMs only 
capable of operating at temperatures below the specified test 
temperature.
    (5) Specifies setup instructions for refrigerant leak mitigation 
controls.
    (6) Removes the obsolete test procedure in appendix A.
    The adopted amendments are summarized and compared to the test 
procedure provision prior to the amendment in Table II.I, along with 
the reason for the adopted change.

      Table II.I--Summary of Changes in the Amended Test Procedure
------------------------------------------------------------------------
 DOE test procedure prior to
          amendment             Amended test procedure     Attribution
------------------------------------------------------------------------
Incorporates by reference      Incorporates by           Harmonizes with
 ANSI/ASHRAE Standard 32.1-     reference ANSI/ASHRAE     most recent
 2010.                          Standard 32.1-2022.       industry test
                                                          method.
Refers to Appendix C of ANSI/  Incorporates by           Incorporates by
 ASHRAE Standard 32.1-2010,     reference AHAM HRF-1-     reference
 which references ANSI/AHAM     2016 for measurement of   industry test
 HRF-1-2004, for measurement    refrigerated volume, as   method
 of refrigerated volume.        referenced in Appendix    required for
                                C of ANSI/ASHRAE          testing.
                                Standard 32.1-2022.
Does not specifically address  Specifies that non-       Improves
 loading of non-beverage        beverage merchandise      representative
 merchandise shelves within     shelves within the        ness and
 the refrigerated compartment.  refrigerated              reproducibilit
                                compartment are           y.
                                unloaded for testing.
Defines LAPT only for units    Adds a definition for     Improves
 that operate at temperatures   LAPT and test             representative
 above the test condition.      instructions for units    ness and
                                that can only operate     reproducibilit
                                below the test            y.
                                condition.
Generally requires components  Specifies that            Improves
 necessary for primary          refrigerant leak          representative
 functionality to be            mitigation controls       ness.
 energized and those not        must be disconnected,
 necessary for primary          disabled, or otherwise
 functionality to be de-        de-energized for the
 energized for testing.         duration of testing,
                                unless integrated into
                                the cabinet or controls
                                such that they cannot
                                be de-energized without
                                disabling the
                                refrigeration or
                                vending functions and
                                must be placed in
                                external accessory
                                standby mode, if
                                available, or their
                                lowest energy-consuming
                                state.
Includes appendix B required   Removes obsolete          Improves
 for testing current BVMs and   appendix A.               readability.
 appendix A, which is now
 obsolete.
------------------------------------------------------------------------

    DOE has determined that the amendments described in section III of 
this document and adopted in this document will not alter the measured 
efficiency of BVMs or require retesting or recertification solely as a 
result of DOE's adoption of the amendments to the test procedures. 
Additionally, DOE has determined that the amendments will not increase 
the cost of testing. Discussion of DOE's actions are addressed in 
detail in section III of this document.
    The effective date for the amended test procedures adopted in this 
final rule is 30 days after publication of this document in the Federal 
Register. Representations of energy use or energy efficiency must be 
based on testing in accordance with the amended test procedures 
beginning 180 days after the publication of this final rule.

[[Page 28385]]

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.
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    \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).
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    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\
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    \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.
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    Combination B means a combination vending machine that is not 
considered to be Combination A.
    Combination vending machine means a BVM containing two or more 
compartments separated by a solid partition, that may or may not share 
a product delivery chute, in which at least one compartment is designed 
to be refrigerated, as demonstrated by the presence of temperature 
controls, and at least one compartment is not. 10 CFR 431.292.

    In the March 2022 NOPR, having received no comments on these 
definitions, and having not identified any BVMs available on the market 
that would require additional specificity in the existing BVM 
definitions, DOE tentatively determined that amendments were not 
required and did not propose any new or amended BVM definitions.\10\ 87 
FR 18963, 18940.
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    \10\ DOE notes that the regulatory text in the March 2022 NOPR 
inadvertently included a new definition for V, refrigerated volume, 
at 10 CFR 431.292. DOE did not discuss this term in the preamble to 
the March 2022 NOPR and stated explicitly that DOE was not proposing 
any new or amended BVM definitions. 87 FR 18936, 18939.
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    In response to the March 2022 NOPR, NAMA commented that it does not 
believe further definition of the terms ``dispense'' or ``solid 
partition'' is necessary. (NAMA, No. 14, p. 2)
    DOE has not identified BVMs available on the market that would 
require additional specificity in the existing BVM definitions, which 
is supported by NAMA's comment. Therefore, consistent with the March 
2022 NOPR, DOE has determined that amendments are not required and is 
not amending any of the BVM definitions in this final rule.

B. Updates to Industry Standards

    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. 
Appendix B 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.
    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.C.6 of this document 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.C.4 of this document 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.C.3 of this document 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 kilowatt-hours per day (kWh/day), whereas ANSI/
ASHRAE Standard 32.1-2017 contains no such provisions. See section 
II.C.5 of this document 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

[[Page 28386]]

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 these 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 references 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 March 2022 NOPR, DOE proposed 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. 87 
FR 18936, 18941. This proposed approach was consistent with the 
recommendations from interested parties, and DOE tentatively determined 
that the proposal would not impact current BVM ratings or test costs 
because the proposed test procedure was substantively the same as the 
current DOE test procedure. Id.
    For consistency with the proposed incorporation by reference of 
ANSI/ASHRAE Standard 32.1-2017, DOE also proposed in the March 2022 
NOPR to incorporate by reference AHAM HRF-1-2008, including the 
correction sheet issued November 17, 2009, to ensure that BVM testing 
is conducted to the appropriate test standard. 87 FR 18936, 18941. In 
the March 2022 NOPR, DOE tentatively determined that the updates made 
to AHAM HRF-1 between the 2004 and 2008 versions provided 
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. Id.
    In the March 2022 NOPR, DOE requested 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 AHAM HRF-
1-2008 for measuring refrigerated volume. 87 FR 18936, 18941. DOE also 
requested comment on whether the proposed amendments would affect BVM 
ratings as measured under the existing test procedure or whether they 
would impact test burden. Id.
    NAMA expressed agreement with DOE that updating the references to 
AHAM HRF-1-2008 and ANSI/ASHRAE 32.1-2017 is more appropriate. (NAMA, 
No. 14, p. 2) NAMA also stated that referencing AHAM HRF-1-2008 would 
help clarify some of the dimensional volume measurements. (NAMA, No. 
14, p. 2-3)
    Since publication of the March 2022 NOPR, the first public review 
draft of Board of Standards Review/ASHRAE Standard 32.1-2017R (BSR/
ASHRAE 32.1-2017R) was published on April 22, 2022.\11\ The only change 
in comparison to the 2017 version of the standard is an update of the 
AHAM HRF-1 reference to the 2016 version. DOE submitted comments to 
suggest harmonization with the March 2022 NOPR test procedure and 
inclusion of the most current version of referenced standards, as a 
more recent version of AHAM HRF-1 (2019) has been published.
---------------------------------------------------------------------------

    \11\ Information on BSR/ASHRAE Standard 32.1-2017R can be found 
at www.ashrae.org/file%20library/technical%20resources/standards%20and%20guidelines/standards%20actions/saapr222022.pdf.
---------------------------------------------------------------------------

    On December 30, 2022, ANSI/ASHRAE 32.1-2022 was published. DOE 
reviewed ANSI/ASHRAE 32.1-2022 and determined that it is substantively 
the same to BSR/ASHRAE 32.1-2017R. DOE has reviewed the sections in 
AHAM HRF-1-2016 referenced by ANSI/ASHRAE 32.1-2022 and determined that 
the updated reference in ANSI/ASHRAE 32.1-2022 to AHAM HRF-1-2016 
provides clarifications and does not substantively change the standard. 
Based on this determination, incorporating by reference ANSI/ASHRAE 
32.1-2022 and AHAM HRF-1-2016 would be substantively consistent with 
DOE's proposal in the March 2022 NOPR and, therefore, DOE has 
determined to incorporate by reference ANSI/ASHRAE 32.1-2022 and AHAM 
HRF-1-2016, while maintaining the current DOE test procedure provisions 
not included in ANSI/ASHRAE Standard 32.1-2022 regarding energy 
management systems, accessory setup instructions, wire routing, and 
rounding.

C. Test Procedure

    The following sections discuss the proposals from the March 2022 
NOPR, any comments received in response to the proposals, and any 
corresponding finalized 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 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 45 percent 
relative humidity and 90 [deg]F with 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 were 
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,

[[Page 28387]]

and the industry test standard designated the 75 [deg]F with a 45 
percent relative humidity test condition as the singular test 
condition.
    In the March 2022 NOPR, DOE tentatively determined that while BVMs 
may be installed and operated in a variety of locations and ambient 
conditions, the existing single test condition provides a 
representative test condition for BVMs, consistent with the July 2015 
Final Rule determination. Accordingly, DOE did 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 32.1-2022. 87 FR 18936, 
18941.
    In response to the March 2022 NOPR, NAMA commented that removal of 
the requirement to test at both 75 degrees and 90 degrees was 
appropriate and would assist manufacturers in reducing testing costs 
and would not change the overall energy measurement. (NAMA, No. 14, p. 
2) NAMA also expressed agreement with DOE that testing at 75 degrees 
and 45 percent relative humidity is realistic and provides a reasonable 
and comparable representation of energy performance. (NAMA, No. 14, p. 
3) NAMA also commented that it could not present information about the 
percentage of machines installed indoors, outdoors, in insulated 
environments, or in space-conditioned indoor environments. (NAMA, No. 
14, p. 3) NAMA explained that BVM manufacturers do not determine 
placement of machines; rather, the customers of the BVM manufacturer 
and individual bottlers or store locations make that determination, and 
such information is not shared with the BVM manufacturer. Id.
    Neubauer commented that many BVMs are placed outdoors in 
uncontrolled environments, such that the previous initial test at 90 
[deg]F ambient temperature was reasonable and sound. (Neubauer, No. 9, 
p. 1) Neubauer added that many customers prefer a colder drink, 
especially in hot environments. Id. Neubauer also commented that 
manufacturers make a wide variety of BVM models and that eliminating 
the 90 [deg]F condition potentially eliminated a competitive advantage 
of manufacturers who design vending machines specifically for high 
ambient conditions. Neubauer added that requiring the 90 [deg]F ambient 
temperature test would encourage BVM manufacturers to continue to 
design these machines efficiently for their intended use case. Id.
    While acknowledging that a 90 [deg]F ambient temperature may 
represent certain BVM installations, DOE recognizes that BVMs may be 
installed and operated in a variety of locations and ambient conditions 
(including temperatures significantly lower than the aforementioned 
test conditions). In consideration of these factors, DOE reiterates and 
maintains its previous determination that the existing single test 
condition provides for a representative measurement of energy use for 
BVMs and is not unduly burdensome to conduct. Accordingly, in this 
final rule, DOE is not making 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 32.1-2022.
2. Test Procedure for Combination BVMs
    As described in section III.A of this document, DOE defines 
``combination BVM'' as a BVM containing two or more compartments 
separated by a solid partition, that may or may not share a product 
delivery chute, in which at least one compartment is designed to be 
refrigerated, as demonstrated by the presence of temperature controls, 
and at least one compartment is not. 10 CFR 431.292. 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 32.1-2022 require 
combination BVMs not to be loaded with any standard products, test 
packages, or other vendible merchandise in the non-refrigerated 
compartments.
    In the March 2022 NOPR, DOE requested 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. 87 FR 18936, 18942.
    In response to the March 2022 NOPR, NAMA commented that many 
machines are configured for both ``snacks'' and ``beverages'' and 
agreed that testing or designing a ``standard'' thermal mass for 
testing non-beverage items is difficult and would not provide better 
information than the test procedure DOE proposed. (NAMA, No. 14, p. 3) 
NAMA also commented that estimating the thermal characteristics by 
using no-filled space for non-beverage materials is best, and stated 
that the method proposed by DOE is a representative, reasonable, and 
reproducible approach. Id.
    NAMA also commented that BVM manufacturers do not dictate what non-
beverage materials are placed into the machines; rather, placement of 
non-beverage materials is dictated by the end user, and therefore BVM 
manufacturers do not have information on this and would not be able to 
provide this to DOE. (NAMA, No. 14, p. 3)
    As stated in the March 2022 NOPR, 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). 87 FR 18936, 18942. Given the wide range of 
products stored in non-refrigerated compartments and BVM manufacturers' 
lack of information regarding end users' products, as stated in NAMA's 
comment, 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 and has 
determined that requiring such a load would introduce additional test 
burden compared to the existing unloaded approach. In consideration of 
these factors, DOE has 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 requiring a load in non-refrigerated compartments, consistent 
with the proposed approach in the March 2022 NOPR.
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

[[Page 28388]]

bottles, the packaging and contents specified by the manufacturer in 
product literature (i.e., the specific merchandise the refrigerated 
bottled or canned beverage vending machine is designed to vend).
    In the March 2022 NOPR, DOE discussed its previous considerations 
of other standard products that could potentially be defined, including 
slimline cans, milk cartons, aseptic packs, pouches, and energy drinks. 
Having not received comment on this topic in response to the May 2021 
RFI, DOE did not propose any changes in the March 2022 NOPR to 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. 87 FR 
18936, 18942. DOE also did not receive any comment in response to the 
March 2022 NOPR on this topic.
    Additionally, 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. Section 2.2.1.4 of appendix B 
specifies that 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.
    In the March 2022 NOPR, DOE discussed that for non-beverage 
shelves, manufacturers do not always specify the packaging and contents 
of the merchandise to be loaded. 87 FR 18936, 18942. Additionally, DOE 
discussed that 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). Id.
    In the March 2022 NOPR, DOE tentatively determined that it could 
not identify a representative non-beverage test load because of the 
wide range of merchandise that could be loaded in non-beverage shelves. 
Additionally, DOE stated that it 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. Id. 
at 87 FR 18942-18943. To ensure that BVMs with non-beverage 
merchandising shelves are tested consistently and in a representative 
manner while limiting test burden, DOE proposed 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 stated that it 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 not received any petitions for 
waiver regarding this issue). DOE also stated that it does not expect 
that this proposal would result in any cost impacts for BVM 
manufacturers. Id.
    DOE requested comment on the proposal to specify that non-beverage 
merchandise shelves not be loaded for testing BVMs. Id. DOE also sought 
information on how such models are currently tested and on whether this 
proposal would impact current BVM ratings or test burden. Id.
    NAMA stated that the packaging and contents of merchandise to be 
loaded in combination machines is the decision of the end user. (NAMA, 
No. 14, p. 3) NAMA agreed with DOE's assertion that it would be very 
difficult to design a uniform non-beverage food material for testing 
and supported DOE's proposal that the non-beverage areas be left empty 
for testing. Id.
    In this final rule, DOE has 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 has determined that, at this time, measuring the temperatures of 
non-beverage standard packages (i.e., measuring the temperature in food 
packaging rather than in a liquid) would be difficult to do repeatably 
and reproducibly 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 specifying 
in a new section 2.2.1.1 of appendix B that shelves within the 
refrigerated compartment that are reserved only for non-beverage 
merchandise must not be loaded for testing, consistent with the 
proposal in the March 2022 NOPR. As discussed, DOE expects that 
manufacturers may already use this approach for testing shelves that 
cannot accommodate any beverage containers and that this amendment will 
not result in any cost impacts for BVM manufacturers. For shelves 
within the refrigerated compartment that are for beverage merchandise, 
DOE is not making any changes in this final rule to the current 
standard package requirements.
    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 g/mL 0.1 g/mL at 36 [deg]F, whereas ANSI/ASHRAE 
Standard 32.1-2022 requires the beverage temperature test packages to 
be filled with a 33 percent propylene glycol and 67 percent water 
solution. ANSI/ASHRAE Standard 32.1-2022 does not specify whether these 
glycol and water percentages are based on weight or volume.
    In the March 2022 NOPR, DOE noted the use of a propylene glycol 
solution in other test procedures, such as for testing commercial 
refrigeration equipment.\12\ 87 FR 18936, 18943. 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. DOE discussed in the March 2022 NOPR that 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. Id.
---------------------------------------------------------------------------

    \12\ 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.
---------------------------------------------------------------------------

    In the March 2022 NOPR, DOE further stated that 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. Id. As a result, 
DOE tentatively determined that specifying an alternative propylene 
glycol solution for testing BVMs would not be likely to reduce test 
variability, as is the case when testing other types of equipment at 
temperatures below the freezing point of water. Id. Additionally, DOE 
tentatively determined that 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. Id. For these reasons, DOE tentatively 
determined to maintain the existing test procedure provisions regarding 
the specifications of the standard product. Id.
    In response to the March 2022 NOPR, NAMA commented that other 
ASHRAE

[[Page 28389]]

standards (e.g., ASHRAE 72) use the percentage of propylene glycol and 
water by volume, not by weight, and that for consistency, the BVM test 
procedure should also use measurement by volume. (NAMA, No. 14, p. 4) 
NAMA also commented that specifying an alternative propylene glycol 
solution for testing BVMs is not likely to reduce test variability, as 
might be the case when testing materials at or below freezing, and 
stated that further clarification is not necessary. Id.
    Based on consideration of these comments in response to the March 
2022 NOPR, DOE has 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 at or below the freezing point of water, and would 
increase test burden compared to the existing test approach. Regarding 
NAMA's concern that the percentage of propylene glycol and water should 
be measured by volume, not weight, the test procedure as finalized in 
this document does not require the use of a propylene glycol mixture. 
In summary, for the reasons discussed here and in the March 2022 NOPR, 
DOE has determined to maintain the existing test procedure provisions 
regarding the specifications of the standard product as proposed in the 
March 2022 NOPR.
4. Lowest Application Product Temperature
    Section 2.1.1 of appendix B requires that the 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 LAPT.
    DOE's compliance certification database (CCD) \13\ lists all BVM 
models certified to DOE, including the LAPT used for rating each model, 
if applicable. Of the 148 individual models included in the CCD at the 
time of this analysis, 6 individual models (representing 2 basic 
models) from one manufacturer are rated at LAPTs ranging from 37.9 
[deg]F to 38.5 [deg]F. Additional models had previously been certified 
to DOE (but are not included in the current CCD) as being rated at an 
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.
---------------------------------------------------------------------------

    \13\ Available at www.regulations.doe.gov/certification-data.
---------------------------------------------------------------------------

    In the March 2022 NOPR, DOE acknowledged that the current LAPT 
provisions result in some BVMs being tested at a higher temperature 
than those capable of maintaining the required test IAT. 87 FR 18936, 
18943. 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. Id. 
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 CCD, 
along with the actual IAT maintained during testing for those models, 
so that such information is available to customers making purchasing 
decisions. Id.
    Therefore, in the March 2022 NOPR, DOE tentatively determined to 
maintain the current LAPT provisions and proposed adding an additional 
provision for testing BVMs that are only capable of maintaining 
temperatures below the 36 [deg]F 1 [deg]F range. 87 FR 
18936, 18943. For these units, DOE proposed to test at the highest 
thermostat setting. Id. This would allow for testing the BVM under the 
setting closest to the required IAT. Id. DOE proposed to amend the 
definition of ``lowest application product temperature'' in section 1.2 
of appendix B as follows:
    (a) For units that operate only at temperatures above the 
integrated average temperature specified in Table 1 of ANSI/ASHRAE 
Standard 32.1-2022: 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 32.1-2022.
    (b) For units that operate only at temperatures below the 
integrated average temperature specified in Table 1 of ANSI/ASHRAE 
Standard 32.1-2022: 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 32.1-2022. Id.
    DOE requested comment on its initial determination to maintain the 
existing LAPT approach for units that operate only at temperatures 
above 36 [deg]F 1 [deg]F. 87 FR 18936, 18944. DOE also 
requested comment on its proposal to require testing at the highest IAT 
a given basic model is capable of maintaining for units that are only 
capable of operating at temperatures below 36 [deg]F 1 
[deg]F. Id.
    In response to the March 2022 NOPR, NAMA agreed with DOE's proposal 
to maintain the current LAPT provisions and to require testing at the 
highest thermostat setting for BVMs that are only capable of 
maintaining temperatures below the 36 [deg]F range. (NAMA, No. 14, p. 
4)
    The Joint Commenters supported DOE's proposed provisions for 
testing units only capable of operating below 36 [deg]F 1 
[deg]F at their highest thermostat setting, as well as DOE's proposal 
to update the definition of LAPT to include this situation. Regarding 
DOE's proposal to maintain the current test provisions for units only 
capable of operating at temperatures above 36 [deg]F 1 
[deg]F, the Joint Commenters expressed concern that units tested at 
operating temperatures above the specified test temperature, thus 
consuming less energy (i.e., by cooling to a higher temperature), can 
more easily comply with the energy conservation standards. The Joint 
Commenters encouraged DOE to consider defining a separate category for 
BVMs only capable of operating at temperatures above 36 [deg]F 1 [deg]F and to establish a separate test temperature for such 
units. (Joint Commenters, No. 13, p. 1)
    Regarding the concerns expressed by the Joint Commenters about 
units that operate only at temperatures above 36 [deg]F 1 
[deg]F, as discussed previously, the LAPT test provisions produce test 
results that are representative of the actual operation of such 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)) DOE considers equipment class 
definitions and the applicability of any energy conservation standards 
to each defined class as part of separate energy conservation standards 
rulemakings.\14\ For the reasons discussed previously in this final 
rule and in the March 2022 NOPR, DOE is maintaining the existing LAPT 
approach for units that operate only at temperatures above 36 [deg]F 
1 [deg]F and amending the definition of LAPT to more 
explicitly address such units, as proposed in the March 2022 NOPR.
---------------------------------------------------------------------------

    \14\ DOE is currently conducting an energy conservation 
standards rulemaking for BVMs. See docket number EERE-2020-BT-STD-
0014 at www.regulations.gov.
---------------------------------------------------------------------------

    For BVMs that are only capable of maintaining temperatures below 36 
[deg]F 1 [deg]F, DOE is adopting the provisions proposed in 
the March 2022 NOPR to

[[Page 28390]]

require testing such units at the highest IAT the unit is capable of 
maintaining (i.e., the highest thermostat setting) and to amend the 
definition of LAPT to more explicitly address such units.
5. Payment Mechanisms
    Section 2.2.5.1 of appendix B requires testing BVMs with (1) no 
payment mechanism in place, (2) the payment mechanism in place but de-
energized, or (3) 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-
2022, payment mechanisms are required to be disconnected during 
testing.
    In the July 2015 Final Rule, DOE determined that because payment 
mechanisms are variable and 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 
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.
    In the March 2022 NOPR, based on a survey of units currently 
available on the market, DOE 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 BVMs. 87 FR 18936, 18944. DOE also discussed 
in the March 2022 NOPR a lack of data regarding the relative use of 
credit card readers as compared to coin and bill payment mechanisms. 
Id.
    As presented in the March 2022 NOPR, 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. 87 FR 18936, 18944. DOE reviewed 
manufacturer specifications for 3 coin changers, more than 30 bill 
validators, and 2 credit card readers. Id. A summary of the calculated 
daily energy consumptions for each payment mechanism type based on the 
manufacturer specifications is presented in Table III.I.

          Table III.I--Payment Mechanism Energy Consumption Summary as Presented in the March 2022 NOPR
----------------------------------------------------------------------------------------------------------------
                                                                      Average calculated    Range of calculated
                      Payment mechanism type                             daily energy           daily energy
                                                                    consumption (kWh/day)  consumption (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
----------------------------------------------------------------------------------------------------------------

    In the March 2022 NOPR, DOE tentatively determined that requiring a 
payment mechanism 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. 87 FR 18936, 18944. DOE 
proposed 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, but not until the 
compliance date of any amended energy conservation standards. Id. 
Because credit card readers are more likely to be optional features or 
sold separately, DOE proposed to maintain the existing approach for 
testing in which (1) credit card payment mechanisms would be 
disconnected or de-energized if possible or (2) credit card payment 
mechanisms would remain in place but set to the lowest energy consuming 
state if they cannot be de-energized. 87 FR 18936, 18944-18945. To 
account for the possibility that a BVM may be shipped with no payment 
mechanism in place, DOE proposed to maintain the 0.20 kWh/day energy 
use adder to represent the energy consumption of a payment mechanism 
during representative use. 87 FR 18936, 18945.
    DOE requested comment on its proposal to require testing with coin 
and bill payment mechanisms energized if they are included in the BVM 
as shipped. 87 FR 18936, 18945. DOE also requested comment on whether 
this approach would result in any additional test burden. Id. DOE 
additionally requested comment on its proposal to require that any 
credit card payment mechanisms for testing be disconnected or de-
energized, if possible, or in place but set to the lowest energy 
consuming state if they cannot be de-energized. Id. DOE further 
requested 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. Id. DOE also requested comment on the proposal not to require 
the use of these amendments until the compliance date of any future 
amended energy conservation standards for BVMs. Id.
    The Joint Commenters supported DOE's proposed provisions relating 
to bill and coin payment mechanisms but expressed concern that the 
energy consumed by credit card readers would not be captured through 
direct testing nor accurately captured through the application of the 
0.2 kWh power adder. (Joint Commenters, No. 13, p. 1-2) The Joint 
Commenters encouraged DOE to extend its proposal to all types of 
payment mechanisms shipped with BVMs and require credit card readers to 
be energized during testing if they are sold with the models. Id.
    NAMA commented that its survey showed the percentage of machines 
shipped with payment systems ranged from 5 to 98 percent by 
manufacturer. (NAMA, No. 14, p. 4) NAMA added that some manufacturers 
ship 80 to 98 percent of units with a payment system, while other 
manufacturers ship far fewer units with payment systems, instead 
allowing the customer to add a payment system later. Id. NAMA further 
commented that there can be multiple coin, bill, and credit card 
readers for each model of each machine. (NAMA, No. 14, p. 5) NAMA added 
that for machines shipped with a payment system, DOE's proposal would 
require creating a matrix of multiple machine types to be tested with 
multiple

[[Page 28391]]

payment types by multiple manufacturers of the payment systems. Id. 
NAMA also commented that new technologies are regularly entering the 
market, and that many BVMs must incorporate cell phone payment, credit 
card chip pass-by systems, and telemetry systems. Id. NAMA added that 
BVM manufacturers often receive a new payment system from a customer 
shortly before production and asserted that DOE's proposal would 
require production of BVMs to be put on hold until energy testing of 
such new payment systems is completed. Id.
    NAMA disagreed with DOE's estimate of the cost of testing for 
different payment mechanisms. (NAMA, No. 14, p. 9) NAMA stated that the 
cost is much higher than $8,300 per basic model. Id. In addition, NAMA 
noted that each time a manufacturer seeks to make a change that in any 
way affects the energy use of the machine, it would necessitate the 
entire matrix of tests with every possible combination of payment 
mechanisms. Id. Lastly, NAMA added that substantive changes to the 
major energy-using components of a BVM (e.g., new compressor, new 
condenser, new evaporator) necessitate a complete review by the safety 
certification organization; that the cost of such a retest is far more 
than DOE's estimate and could take 3 months or more; and that DOE did 
not include safety recertification in its estimated cost of testing. 
Id.
    NAMA commented that testing multiple combinations would be onerous, 
and stated that while NAMA would agree using an automatic 0.20 kWh/day 
factor may not be the most accurate in all cases, the current use of 
this factor is better than requiring hundreds of hours of laboratory 
testing for the sake of a fraction of a kWh/day difference. (NAMA, No. 
14, p. 5) In response to DOE's statement that manufacturers would not 
be required to retest or recertify BVMs because of the proposed payment 
mechanism approach until the new standard is effective, NAMA asserted 
that manufacturers would have to engage in considerable testing before 
and after the new test procedure becomes required. (NAMA, No. 14, p. 6) 
NAMA commented that all of the additional testing described in their 
comment seems unnecessary with regard to a difference in energy use of 
0.003 kWh/day. Id.
    DOE has further considered its approach regarding payment 
mechanisms based on these comments and additional analysis and review 
of the data and information presented in the March 2022 NOPR. The 
available information demonstrates that a wide (and growing) variety of 
payment systems is currently available on the market; the most common 
scenario is for the payment mechanism to be specified (and in some 
cases, provided) by the customer; and the customer may decide whether 
to have the payment mechanism installed by the BVM manufacturer at the 
time of sale. DOE has further analyzed the energy use data presented in 
the March 2022 NOPR and has concluded that the difference in energy use 
between types of payment mechanisms (e.g., generally less than 0.1 kWh/
day) is a small fraction of the measured daily energy consumption of 
the BVM as currently tested (e.g., ranging from 2.2 to 4.9 kWh/day for 
models currently listed in DOE's CCD). DOE also notes that the combined 
average calculated daily energy use of a coin changer and bill 
validator as presented in Table III.I (i.e., 0.18 kWh/day)--which 
represents a typical combination of payment mechanisms available on 
BVMs--closely matches the default adder (0.20 kWh/day). DOE has also 
further considered the additional test burden that could result from 
requiring a payment mechanism that is included with the BVM as shipped 
to be energized during testing, as suggested by commenters.
    Based on these considerations, DOE has determined that requiring a 
payment mechanism to be energized during testing if it is included with 
a BVM as shipped may not necessarily provide a more representative 
measure of energy use compared to the current test method, and that any 
improvement in representativeness resulting from such a requirement 
would be outweighed by the additional test burden that may be required, 
as described in stakeholder comments. Therefore, in this final rule, 
DOE is not amending the test provisions with regard to payment 
mechanisms as it proposed to do in the March 2022 NOPR. Instead, DOE 
has determined to maintain the current test provisions, which specify a 
default 0.2 kWh/day adder.
6. Low Power Modes
    Appendix B incorporates definitions and test requirements for two 
types of low power modes: \15\ accessory low power mode and 
refrigeration low power mode. Section 7.2.2.6.2 of ANSI/ASHRAE Standard 
32.1-2022 requires that low power modes not be allowed to operate 
during testing.
---------------------------------------------------------------------------

    \15\ ``Low power mode'' means a state in which a BVM'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. See 
section 1.2 of 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 historical 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 March 2022 NOPR, DOE described its expectation that the 
impacts of any learning-based controls would vary based on specific 
field installation and usage scenarios. 87 FR 18936, 18945. DOE stated 
that it was not aware of, and interested parties had not previously 
provided, any data that could be used to determine the impacts of 
learning-based controls on energy use (e.g., by increasing the amount 
of time spent in either accessory low power mode or refrigeration low 
power mode rather than vending mode). Id. DOE also tentatively 
maintained 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. 
Id. For these reasons, DOE did not propose to account for ``learning-
based'' controls in the test procedure. Id. DOE tentatively determined 
to continue accounting for operation in accessory low power mode and 
refrigeration low power mode, as described in the following sections. 
Id.
    NAMA commented that it disagrees with a comment submitted by the 
Appliance Standards Awareness Project (ASAP) and Natural Resources 
Defense Council (NRDC) in response to the May 2021 RFI that asserted 
that maintaining the provisions for low power mode testing, which are 
not included in ANSI/ASHRAE 32.1-2017, would incentivize manufacturers 
to incorporate more energy management controls to reduce energy 
consumption. (NAMA, No. 13, pp. 2-3; see also ASAP and NRDC, No. 4, p. 
1) NAMA stated that its members are constantly improving the energy 
efficiency of BVMs, and manufacturers will use energy management 
controls when the improvement to efficiency and the cost are 
appropriate. Id.
    NAMA also stated that it is not prepared to comment on the energy 
benefits of ``learning-based'' energy

[[Page 28392]]

management controls. (NAMA, No. 14, p. 6) NAMA commented that this is a 
new and changing field and suggested that DOE not engage in this 
investigation at this time, as the technologies are still unknown. Id. 
NAMA added that the impacts of any learning-based controls would vary 
greatly by the specific field installation and usage scenarios, many of 
which are set by the end user, not the BVM manufacturer. Id.
    At this time, DOE remains unaware of, nor have interested parties 
provided, any data that could be used to determine the impacts of 
learning-based controls on energy use (e.g., by increasing the amount 
of time spent in either accessory low power mode or refrigeration low 
power mode rather than vending mode). DOE also 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 
has determined not to amend the test procedure to account for 
``learning-based'' controls, consistent with the March 2022 NOPR. DOE 
has determined to continue accounting for operation in accessory low 
power mode and refrigeration low power mode in the test procedure, as 
described in the following sections.
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 not a refrigeration low power mode. Functions 
that may constitute an accessory low power mode may include, for 
example, dimming or turning off lights, while not including 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. The test period ends with 6 hours of operation in accessory 
low power mode, a different operating state than at the start. Although 
the refrigeration system and cabinet temperatures would likely not 
change in accessory low power mode (because this mode does not include 
adjustment of the refrigeration system to elevate the temperature of 
the refrigerated compartment(s)), a transient recovery period may be 
required for a BVM to return to stable operation in vending mode after 
6 hours operating in accessory low power mode. 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 March 2022 NOPR, DOE discussed its observations from testing 
that measured temperatures remain unchanged during operation in vending 
mode and accessory low power mode. Id. DOE also explained that the 
existing test approach limits test burden by requiring only one 
operating mode transition during the 24-hour test period. Id. Moving 
the accessory low power mode operation 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 reenter vending mode), depending 
on the BVM's controls. Id. For these reasons, DOE did not propose in 
the March 2022 NOPR 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. Id.
    In the March 2022 NOPR, DOE acknowledged in response to commenters 
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. 87 FR 18936, 18946. 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 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 exists 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.
    In the March 2022 NOPR, DOE stated it was 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. 87 FR 18936, 18946. 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). Id. Given the lack 
of any data supporting a change to this approach, DOE did not propose 
any changes to the 6-hour duration for accessory low power mode 
testing. Id.
    NAMA commented that it agrees with DOE's conclusion not to change 
the accessory low power mode testing at this time. (NAMA, No. 14, p. 6) 
NAMA also agreed with DOE that BVMs may be used in a variety of 
locations and the actual duration of the accessory low power mode will 
be based on the installation location as well as the choice of the 
customer/user. Id. NAMA commented that the BVM manufacturer may not 
have control over either this period or the environment, and these are 
at the discretion of the customer. Id. Finally, NAMA commented that the 
current method works and that NAMA believes it is better to establish a 
clear, reasonable, and reproducible method than it is to measure 
something so highly variable. Id.
    In consideration of these comments, and lacking any new information 
that would contradict DOE's prior considerations of this issue, DOE has 
determined to maintain the existing accessory low power mode approach, 
consistent with the March 2022 NOPR.
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. See 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

[[Page 28393]]

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 March 2022 NOPR, DOE did not propose any changes to the 
current refrigeration low power mode and validation test method. 87 FR 
18936, 18946. DOE also 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. Id. at 87 FR 18936, 
18947. 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. Id. 
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 
as to accommodate the specific requirements of a physical test. Id. 
Testing on a consistent basis would also likely require an iterative 
process to identify the appropriate test settings. Id. 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 did not propose any 
changes to the current calculation approach to account for operation in 
refrigeration low power mode. Id.
    In the March 2022 NOPR, DOE also did not propose any changes to the 
3-percent credit as the energy reduction associated with refrigeration 
low power mode. 87 FR 18936, 18947. DOE acknowledged 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. Id. 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 did not 
propose 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. Id.
    In the March 2022 NOPR, DOE requested comment on its initial 
determination to maintain the existing calculation approach to account 
for operation in refrigeration low power mode. 87 FR 18936, 18947. DOE 
continued 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. Id.
    NAMA commented that it did not believe any amendments were 
necessary for the definition of refrigeration low power mode. (NAMA, 
No. 14, p. 7) NAMA added that it was not aware of any other 
refrigeration low power mode that cannot meet the definition or 
validate the test method. Id.
    NAMA also commented in response to DOE's questions of whether a 
physical test to account for low power mode is feasible and what burden 
would be associated, stating it did not believe a physical test was 
necessary, and any such test would be a significant burden to 
manufacturers. (NAMA, No. 14, p. 7) NAMA stated that there are many 
such low power modes for refrigeration based on end customer use, not 
necessarily by the BVM manufacturer. Id. NAMA agreed with DOE that the 
challenges of implementing a refrigeration low power mode test remain 
the same as in 2015. Id.
    NAMA further commented that manufacturers do not own the equipment 
in the field and often have no contact with the machines once placed in 
the field. NAMA stated that from what little information it has, the 3-
percent credit and the 6-hour low power mode test period are 
reasonable, approximate the current status, and are as accurate as 
possible at this time. (NAMA, No. 14, p. 7) NAMA also noted that some 
of the commenters stated that the 3-percent credit might be inhibiting 
to technology, and that NAMA members do not agree with this 
assessment.\16\ Id.
---------------------------------------------------------------------------

    \16\ NAMA did not specify the commenters referenced, but DOE 
expects that NAMA is referencing the comment from ASAP and NRDC that 
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)
---------------------------------------------------------------------------

    In consideration of these comments, and lacking any new information 
that would contradict DOE's prior considerations of this issue, DOE is 
maintaining the existing test procedure provisions and 3-percent energy 
credit for refrigeration low power mode, consistent with the March 2022 
NOPR.
7. Reloading and Recovery Periods
    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. DOE discussed in the March 2022 NOPR that 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. 87 FR 18936, 18947.
    As stated in section III.B of this document, ANSI/ASHRAE Standard 
32.1-2022 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 32.1-2022 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-
2022 lists the door-open durations, between 10 and 20 minutes, required 
during the recovery test while reloading the BVM.
    DOE also discussed in the March 2022 NOPR that based on typical 
operating descriptions provided in vending industry websites,\17\ DOE 
expected 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. Id. DOE 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 therefore did not propose any additional testing to account for 
reloading events. Id.
---------------------------------------------------------------------------

    \17\ See www.vendnetusa.com/blogs/news/how-often-should-you-restock-your-vending-machines?_pos=1&_sid=bc71729a1&_ss=r and 
www.vendnm.com/often-restock-inspect-vending-machine/, both of which 
refer to restocking once per week.
---------------------------------------------------------------------------

    In response to the March 2022 NOPR, NAMA commented that the current 
appendix B does not contain a temperature recovery period. (NAMA, No. 
14, pp. 7-8) NAMA stated that while machine manufacturers do not have 
daily contact with machines once in the field, from what NAMA can tell

[[Page 28394]]

BVM restocking does not represent significant change in yearly energy 
consumption. Id. NAMA agreed with DOE's assertion that restocking 
appears to be relatively infrequent, on the order of once a week. Id. 
NAMA also stated that an additional test for these characteristics is 
not needed nor reasonable. Id.
    The Joint Commenters encouraged DOE to investigate units that may 
have frequent door openings and to consider test procedure amendments 
for this type of product. (Joint Commenters, No. 13, p. 2) The Joint 
Commenters specifically described what appears to be a reach-in style 
unit on the market that is designed so that users open the door to 
reach in and obtain the beverage product, instead of the product being 
vended from a chute.\18\ Id. The Joint Commenters stated that with such 
a design, the current and proposed test procedures would not capture 
door openings, likely underestimating the energy consumption. Id.
---------------------------------------------------------------------------

    \18\ See www.buyvending.com/shop/new-vending-machines/drink-vending-machines/piranha-g525-drink-vending-machine-cashless/.
---------------------------------------------------------------------------

    With regard to the specific reach-in style unit described by the 
Joint Commenters, DOE has determined that while this unit appears to 
contain a payment mechanism, the design and function of the unit 
appears to meet the definition of a commercial refrigerator, freezer, 
and refrigerator freezer at 10 CFR 431.62 and does not meet the 
definition of a refrigerated bottled or canned beverage vending machine 
at 10 CFR 431.292.
    In consideration of these comments and lacking any new information 
that would contradict DOE's prior considerations of this issue, DOE has 
determined to maintain the current test procedure without any reloading 
or recovery period requirements, consistent with the March 2022 NOPR.
8. Refrigerant Leak Mitigation Controls
    The current BVM test procedure requires that, unless specified 
otherwise, 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. See 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, and 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, particularly in conjunction with flammable refrigerants. In a 
final rule published April 10, 2015, 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.
    To the extent that leak mitigation controls on a particular BVM are 
a user-controllable accessory (i.e., if they can be turned off), such a 
BVM would be able to provide product inventory, temperature management, 
product merchandising, product selection, and product transport and 
delivery without the leak mitigation controls functioning, in which 
case such controls would be de-energized for testing pursuant to the 
requirements of section 2.2.5 of appendix B. However, if the leak 
mitigation controls are permanently operational and cannot be adjusted 
by the user, section 2.2.5 of appendix B requires that such controls be 
operated in their normal setting during testing.
    DOE tentatively determined in the March 2022 NOPR that although 
section 2.2.5 of appendix B currently addresses the use of refrigerant 
leak mitigation controls during testing, further specification may help 
ensure reproducible testing. 87 FR 18936, 18948. DOE therefore proposed 
to amend the test procedure to provide specific instructions regarding 
the use of refrigerant leak mitigation controls consistent with the 
current requirements in appendix B. Id. Specifically, DOE proposed in 
the newly added section 2.2.5.11 of appendix B that if the use of 
refrigerant leak mitigation controls is a user-controlled function 
(e.g., if the use of the controls are optional and intended only for 
specific installations), the controls would be de-energized or in their 
lowest energy consuming state during testing. Id. If refrigerant leak 
mitigation controls are not user controlled and are always operational, 
DOE proposed that the controls would be operational for testing. Id.
    In the March 2022 NOPR, DOE acknowledged that the investigative 
work regarding refrigerant leak mitigation is ongoing; however, DOE 
stated that if refrigerant 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); 87 FR 18936, 18948.
    As discussed in the March 2022 NOPR, the proposed instructions 
regarding refrigerant leak mitigation controls are consistent with the 
current requirements in section 2.2.5 of appendix B, therefore, DOE did 
not expect the proposed amendments to affect current BVM ratings or 
result in any additional testing costs. 87 FR 18936, 18948. DOE 
requested comment on the proposed instructions regarding refrigerant 
leak mitigation control settings for BVM testing. Id. Specifically, DOE 
requested information regarding how such controls are currently or 
expected to be implemented in BVMs, including whether the controls can 
be controlled by the user. Id.
    In the NOPR public meeting, AHRI described the complexity of 
refrigerant transitions with respect to timing and stated that it would 
be helpful for DOE to coordinate with other agencies on this matter. 
(AHRI, Public Meeting Transcript, No. 12, pp. 18-20) AHRI specifically 
mentioned the need for building codes to be in place in order to use 
new refrigerants (e.g., R-290). Id.
    In response to the March 2022 NOPR, NAMA commented that its members 
have been working for more than 5 years to adopt new lower global 
warming potential (GWP) refrigerants. (NAMA, No. 14, p. 8) NAMA further 
commented that in 2021, DOE requested information on additional 
equipment or controls that manufacturers might need to mitigate a leak 
situation, and that in 2021 NAMA was engaged with Oak Ridge National 
Laboratory and DOE in a Cooperative Research and Development Agreement 
(CRADA). (NAMA, No. 14, p. 8) NAMA noted that the COVID-19 pandemic 
caused many delays in the CRADA,

[[Page 28395]]

resulting in delayed and reduced testing. Id. NAMA commented that an 
interim report issued at the end of 2021 showed that an increase in 
ventilation is helpful in reducing the concentration should a leak in 
the refrigerant system occur. Id. NAMA commented that because the new 
refrigerants are ASHRAE 34 Class A-3 and considered flammable, BVM 
manufacturers must explore and take steps to reduce the risk of a leak 
from the refrigerant system. Id. NAMA commented that this type of 
equipment might need to be energized in some circumstances to move air 
all the time, in addition to controls that could energize the 
ventilation equipment when a leak is discovered. Id. NAMA stated that a 
specific, accurate, reliable refrigerant sensor is not yet available; 
therefore, NAMA is continuing the CRADA in 2022 to consider other means 
of sensing a leak. Id.
    NAMA further commented that the use of additional ventilation, 
whether all the time or in a leak scenario, is important for product 
and consumer safety, although at this time NAMA does not know exactly 
what these mechanisms might be. (NAMA, No. 14, p. 8) NAMA stated that 
DOE should not impede technology options by assessing an ``energy 
penalty'' to BVM manufacturers when the manufacturers deem it necessary 
to use such safety components. Id. NAMA urged DOE not to include the 
energy use of these safety measures, particularly not before results of 
the current CRADA are available. Id. NAMA stated that it is highly 
unlikely that leak mitigation components would be customer controlled 
if they are used. Id. NAMA stated that at this time, it is too early to 
predict what leak mitigation controls might be used. Id.
    NAMA further stated that it understands DOE and other branches of 
the U.S. Government encourage the use of low GWP refrigerants and asked 
that all measures under the DOE test procedure not increase the time to 
adopt these refrigerants. Id.
    In response to the March 2022 NOPR, the Joint Commenters supported 
DOE's proposed specifications for refrigerant leak mitigation controls, 
specifically commenting that if the refrigerant leak mitigation 
controls are always on, they should be energized and operational for 
testing. (Joint Commenters, No. 13, p. 2)
    In consideration of the feedback provided by commenters, DOE has 
determined to amend the test procedure to include additional 
instructions for refrigerant leak mitigation controls; however, DOE has 
determined to modify the test procedure provisions as originally 
proposed in the March 2022 NOPR to better address commenters' concerns 
that refrigerant leak mitigation controls are not a consumer-
controllable function. Rather, comments from stakeholders suggest that 
refrigerant leak mitigation controls, if included in a BVM, would be 
integral to the function of the unit.
    Therefore, DOE is modifying the proposed provisions of section 
2.2.5.11 of appendix B to more accurately differentiate between 
refrigerant leak mitigation controls that are independent from the 
refrigeration or vending performance of the BVM (rather than describing 
such controls as a user-controlled function, as proposed in the March 
2022 NOPR) from controls that are integrated into the BVM such that 
they cannot be de-energized without disabling the refrigeration or 
vending functions of the BVM or modifying the circuitry (rather than 
describing such controls as not user-controlled and always operational, 
as proposed in the March 2022 NOPR). The finalized language of section 
2.2.5.11 specifies that for refrigerant leak mitigation controls that 
are independent from the refrigeration or vending performance of the 
BVM, such controls must be disconnected, disabled, or otherwise de-
energized for the duration of testing. For refrigerant leak mitigation 
controls that are integrated into the BVM cabinet such that they cannot 
be de-energized without disabling the refrigeration or vending 
functions of the BVM or modifying the circuitry, such controls must be 
placed in an external accessory standby mode, if available, or their 
lowest energy-consuming state.
    DOE notes that this provision is similar to DOE's current test 
procedure provisions for external lighting and displays. Consistent 
with the March 2022 NOPR, DOE does not expect this amendment to affect 
current BVM ratings or result in any additional testing costs.
9. Connected Functions
    The current DOE test procedure for BVMs does not include specific 
test requirements regarding connected or smart features, although 
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 March 2022 NOPR, DOE discussed that based on a review of 
BVMs available on the market, the types of connected functions 
identified by commenters in response to the May 2021 RFI did not appear 
to be common. 87 FR 18936, 18948-18949. Additionally, DOE lacked 
information on how frequently connected functions would be used on 
BVMs. 87 FR 18936, 18949. Without such data, DOE had no information to 
suggest that the current testing approach would produce results that 
are unrepresentative of an average use cycle or period of use. Id. DOE, 
therefore, did not propose any changes to the current test procedure 
approach in section 2.2.5 of appendix B as applicable to connected 
functions. Id. As described, the current 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.
    In the March 2022 NOPR, DOE requested 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. 87 FR 
18936, 18949. DOE continued 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. Id.
    NAMA commented that it does not have additional information on the 
issue of connected functions and the energy impact of these functions 
at this time. (NAMA, No. 14, pp. 8-9) NAMA noted that its industry is 
in the early phase of investigating these functions and hopes to have 
additional information in future years. Id.
    Lacking any additional information that would contradict DOE's 
prior considerations of this issue, DOE has determined to maintain the 
current test procedure approach in section 2.2.5 of appendix B as 
applicable to connected functions, consistent with the March 2022 NOPR.
10. Condenser Conditions
    In the March 2022 NOPR, DOE acknowledged that the energy 
consumption of BVMs can change over the lifetime of the equipment due 
to

[[Page 28396]]

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. 87 FR 18936, 18949. Regarding the 
specific topic of condenser coil fouling, DOE stated that the end user 
is responsible for properly maintaining the BVM, including any 
condenser cleaning. Id. Accordingly, DOE did not propose to amend its 
test procedure to account for operation with clogged condensers. Id.
    While DOE does not account for lifetime energy consumption in its 
BVM test procedure, it does consider energy consumption over the 
lifetime of the equipment in the analysis conducted in support of 
developing potential amended energy conservation standards for BVMs. In 
such an analysis, DOE may apply adjustment factors to consider 
performance degradation over time.
    In the March 2022 NOPR, DOE requested any additional information 
and data on how BVM energy consumption may change over the lifetime of 
the equipment. 87 FR 18936, 18949. DOE also requested comment on 
whether any performance degradation occurs consistently for all BVMs, 
or whether the impacts vary depending on equipment type or specific 
equipment designs. Id.
    NAMA referenced comments submitted in response to the May 2021 RFI 
by CoilPod, which questioned whether it would be possible for the test 
procedure to account for the lack of coil cleanings by BVM users. 
(NAMA, No. 14, p. 9; see also CoilPod, No. 3, p. 1) NAMA reiterated 
that BVM manufacturers conduct testing for compliance with DOE 
standards, but they do not own the machines once they are placed in a 
retail landscape and have no ability to control whether cleaning is 
accomplished or not. Id. NAMA stated that even if the machine came back 
to the manufacturer for repair, energy testing would not be performed. 
Id. NAMA commented that it is not aware of other electrical appliances 
covered by DOE's standards program that need to account for changes in 
energy use if maintenance is not performed. Id.
    DOE has determined to maintain the current test procedure and not 
amend the test procedure to account for the performance of the 
condenser over the lifetime of a BVM, consistent with the March 2022 
NOPR.
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, in the March 
2022 NOPR, DOE proposed to remove appendix A. 87 FR 18936, 18949. DOE 
did not propose to redesignate appendix B as appendix A in order to 
avoid confusion regarding the appropriate version of the test procedure 
required for use. Id.
    DOE did not receive comments in response to this topic and has 
determined to remove appendix A as proposed in the March 2022 NOPR. DOE 
has determined not 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 B 
for compliance with energy conservation standards and representations 
of energy use. DOE proposed 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. 87 FR 18936, 18949.
    DOE did not directly receive comments on this topic. However, as 
discussed in section III.C.5 of this final rule, DOE is not amending 
the current provisions regarding the payment mechanism adder. 
Therefore, DOE is not including clarifying language in the revised 
appendix note regarding application of the payment mechanism provisions 
as proposed in the March 2022 NOPR.

D. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In the March 2022 NOPR, DOE proposed 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. 87 FR 18936, 18949. DOE tentatively 
determined that these proposed amendments would not impact testing 
costs. Id. DOE requested comment on the tentative determination that 
manufacturers would not incur any additional costs as a result of the 
proposed amended test procedure. Id. DOE also requested comment on its 
estimate of per-test costs, should manufacturers retest their BVM basic 
models to comply with any future amended BVM energy conservation 
standards. Id.
    NAMA commented that it believes several of the changes discussed 
and proposed in the NOPR are burdensome and will not assist DOE in 
ascertaining more accurate energy use of BVMs. (NAMA, No. 14, p. 2)
    NAMA commented that at the time of the May 2021 RFI, the industry 
was struggling during the height of the COVID-19 pandemic. Id. NAMA 
stated that many member company businesses shut down and the entire 
industry was trying to survive with factories shuttered, employees 
working from home, and low sales. Id. NAMA commented that it 
appreciates DOE's understanding that the industry has faced a 
tumultuous period and is still working to return to pre-pandemic 
levels. Id.
    NAMA commented that it agrees in principle with having tests for 
energy use and energy efficiency when appropriate, when necessary, and 
when limited in scope. (NAMA, No. 14, p. 9) NAMA noted, however, that 
many of the commenters represent organizations that do not have to 
spend hundreds of person-hours every week conducting tests or incur the 
cost of using outside laboratories. Id. NAMA commented that while it is 
easy for such organizations to comment in favor of additional tests, 
these additional tests will not bring more overall accuracy, rather 
only additional costs, and will do so when this manufacturing segment 
is just recovering from a period of economic downturn due to the COVID-
19 pandemic. Id.
    Other than the proposed amendment to measure coin and bill payment 
mechanisms, the proposals in the March 2022 NOPR were generally 
consistent with requirements under the current DOE test procedure. As 
discussed in section III.C.5 of this final rule, DOE is not amending 
the test provisions with regard to payment mechanisms as it proposed to 
do in the March 2022 NOPR. Instead, DOE has determined to maintain the 
current test provisions, which specify a default 0.2 kWh/day adder. As 
a result, the amendments in this final rule harmonize with the industry 
standard or provide additional test instructions but do not 
substantively change testing as currently required in appendix B.
    As discussed, the amendments improve the clarity of the DOE test 
procedure while not substantively changing the current test approach. 
As

[[Page 28397]]

a result, DOE has determined that the amendments will not result in any 
additional costs for manufacturers, and manufacturers will be able to 
rely on data generated under the current test procedure for BVMs 
already available on the market.
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. In the March 2022 
NOPR, DOE requested comments on the benefits and burdens of the 
proposed updates and additions to industry standards referenced in the 
test procedure for BVMs. 87 FR 18936, 18950.
    DOE did not receive comments in response to this topic. Consistent 
with the March 2022 NOPR, 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 refers only 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. Consistent with the March 2022 NOPR proposals, DOE 
is amending the test procedure to incorporate by reference the most 
recent version of the industry standard, ANSI/ASHRAE Standard 32.1-
2022. 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 32.1-2022, DOE has determined that 
the existing deviations in appendix B are necessary and appropriate.

E. Effective and Compliance Dates

    The effective date for the adopted test procedure amendment will be 
30 days after publication of this final rule in the Federal Register. 
EPCA prescribes that all representations of energy efficiency and 
energy use, including those made on marketing materials and product 
labels, must be made in accordance with an amended test procedure, 
beginning 180 days after publication of the final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) EPCA provides an allowance for 
individual manufacturers to petition DOE for an extension of the 180-
day period if the manufacturer may experience undue hardship in meeting 
the deadline. (42 U.S.C. 6293(c)(3)) To receive such an extension, 
petitions must be filed with DOE no later than 60 days before the end 
of the 180-day period and must detail how the manufacturer will 
experience undue hardship. (Id.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866,13563, and 14094

    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) and E.O. 14094, 
``Modernizing Regulatory Review,'' 88 FR 21879 (April 11, 2023), 
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, the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB) 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 final regulatory action is 
consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final 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 a final regulatory flexibility analysis (FRFA) for any 
final rule where the agency was first required by law to publish a 
proposed rule 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: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003.
    DOE has concluded that this final rule would not have a significant 
impact on a substantial number of small entities. The factual basis for 
this certification is as follows:

[[Page 28398]]

    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. In 13 CFR 
121.201, the SBA sets a threshold of 1,000 employees or fewer for an 
entity to be considered as a small business for this category. The 
equipment covered by this rule is classified under North American 
Industry Classification System (NAICS) code 333310,\19\ ``Commercial 
and Service Industry Manufacturing.''
---------------------------------------------------------------------------

    \19\ 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, 2022).
---------------------------------------------------------------------------

    DOE used publicly available information to identify small 
businesses that manufacture BVMs covered in this rulemaking. DOE 
identified seven companies that are original equipment manufacturers 
(OEMs) of BVMs covered by this rulemaking. DOE screened out companies 
that do not meet the definition of a ``small business'' or are foreign-
owned and operated. DOE identified three small, domestic OEMs using 
subscription-based business information tools to determine the number 
of employees and revenue of the potential small businesses.
    Given that DOE is referencing the prevailing industry test 
procedure and maintaining a test procedure that is generally consistent 
with the existing requirements, DOE has determined the test procedure 
in this final rule would not increase burden for BVM manufacturers, 
including small businesses, or result in manufacturers needing to 
rerate BVMs.
    Therefore, on the basis of there being no change in compliance 
burden, DOE certifies that this final rule does not have a 
``significant economic impact on a substantial number of small 
entities,'' and that the preparation of a FRFA is not warranted. DOE 
transmitted a certification and supporting statement of factual basis 
to the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 
605(b).

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 amending the certification or reporting requirements for 
BVMs in this final rule. Instead, DOE may consider proposals to amend 
the certification requirements and reporting for BVMs under a separate 
rulemaking regarding appliance and equipment certification. DOE will 
address changes to OMB Control Number 1910-1400 at that time, as 
necessary.
    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 final rule, DOE establishes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for BVMs. DOE has determined that this 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 (August 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 examined this final 
rule and determined that it will 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 final 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

[[Page 28399]]

review regulations in light of applicable standards in sections 3(a) 
and 3(b) to 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, this final 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 regulatory action resulting 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 www.energy.gov/gc/office-general-counsel. DOE examined this final 
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 final rule will 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 regulation will 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 final 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 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action 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 modifications to the test procedure for BVMs adopted in this 
final rule incorporates testing methods contained in certain sections 
of the following commercial standards: ANSI/ASHRAE Standard 32.1-2022, 
including reference to AHAM HRF-1-2016. 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 they were 
developed in a manner that fully provides for public participation, 
comment, and review.) DOE has consulted with both the Attorney General 
and the Chairman of the FTC about the impact on competition of using 
the methods contained in these standards and has received no comments 
objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    AHAM HRF-1-2016 is referenced by ANSI/ASHRAE Standard 32.1-2022 as 
the industry-accepted method for determining refrigerated volume for 
BVMs. By reference to ANSI/ASHRAE

[[Page 28400]]

Standard 32.1-2022, the test procedure adopted in this final rule 
refers only to the refrigerated volume section of AHAM HRF-1-2016. AHAM 
HRF-1-2016 can be purchased at www.aham.org/AHAM/Store.
    ANSI/ASHRAE Standard 32.1-2022 is an industry-accepted test 
procedure that measures capacity and efficiency of BVMs. The test 
procedure adopted in this final rule references various sections of 
ANSI/ASHRAE Standard 32.1-2022 that address definitions, test setup, 
instrumentation, test conduct, and calculations. ANSI/ASHRAE Standard 
32.1-2022 is readily available at ANSI's website at webstore.ansi.org.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation test procedures, Incorporation by 
reference, Reporting and recordkeeping requirements.

Signing Authority

    This document of the Department of Energy was signed on April 25, 
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on April 25, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends 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 431.293 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, the DOE must publish a document in 
the Federal Register and the material must be available to the public. 
All approved incorporation by reference (IBR) 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, 1000 Independence Ave. SW, EE-5B, Washington, DC 20585, (202) 
586-9127, [email protected], https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of 
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be 
obtained from the sources in the following paragraphs of this section:
    (b) AHAM. Association of Home Appliance Manufacturers, 1111 19th 
Street NW, Suite 402, Washington, DC 20036; (202) 872-5955; 
www.aham.org.
    (1) AHAM HRF-1-2016, Energy and Internal Volume of Refrigerating 
Appliances, copyright 2016; IBR approved for appendix B to this 
subpart.
    (2) [Reserved]
    (c) ASHRAE. American Society of Heating, Refrigerating and Air-
Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329; 
(404) 636-8400; www.ashrae.org.
    (1) ANSI/ASHRAE Standard 32.1-2022 (ANSI/ASHRAE 32.1), Methods of 
Testing for Rating Refrigerated Vending Machines for Sealed Beverages, 
approved December 30, 2022; 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 E 1084-86 (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
3. Remove and reserve appendix A to subpart Q of part 431.

0
4. 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:  Manufacturers must use the results of testing under this 
appendix to determine compliance with the relevant standards for 
refrigerated bottled or canned beverage vending machines at 10 CFR 
431.296, revised as of January 1, 2023. Specifically, before October 
31, 2023, representations must be based upon results generated 
either under this appendix as codified on June 5, 2023, or under 10 
CFR part 431, subpart Q, appendix B, revised as of January 1, 2023. 
Any representations made on or after October 31, 2023, must be made 
based upon results generated using this appendix as codified on June 
5, 2023.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  431.293 the entire 
standard for AHAM HRF-1-2016 and ANSI/ASHRAE Standard 32.1-2022; 
however, only enumerated provisions of those documents are 
applicable to this appendix as follows:

0.1. AHAM HRF-1-2016

    (a) Section 4, ``Method for Computing Refrigerated Volume of 
Refrigerators, Refrigerator-Freezer, Wine Chillers, and Freezers'' 
as referenced in section 3.1 of this appendix.
    (b) Reserved.
    0.2. ANSI/ASHRAE Standard 32.1-2022
    (a) Section 3, ``Definitions,'' as referenced in section 1 of 
this appendix.
    (b) Section 4, ``Instruments,'' as referenced in section 2 of 
this appendix.
    (c) Section 5, ``Vending Machine Capacity,'' and Normative 
Appendix C, ``Measurement of Volume,'' as referenced in sections 2 
and 3.1 of this appendix.
    (d) Section 6, ``Test Conditions,'' as referenced in section 2 
of this appendix.
    (e) 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 
sections 1 and 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 Standard 32.1-2022.
    1.1 Definitions. In addition to the definitions specified in 
Section 3, ``Definitions,'' of ANSI/ASHRAE Standard 32.1-2022, 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

[[Page 28401]]

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).
    External accessory standby mode means the mode of operation in 
which any external, integral customer display signs, lighting, or 
digital screens are connected to main 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 
Standard 32.1-2022, 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 32.1-2022; or
    (b) For units that operate only at temperatures below the 
integrated average temperature specified in Table 1 of ANSI/ASHRAE 
Standard 32.1-2022, 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 32.1-2022.
    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.
    1.2 [Reserved]
    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 Standard 
32.1-2022, 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 Setup. 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 Standard 32.1-2022.
    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) for non-beverage merchandise only 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 Standard 32.1-2022. 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 section 7.2.2.2 of ANSI/ASHRAE Standard 32.1-2022 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 with 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 Standard 32.1-2022 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 Standard 32.1-2022 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/ASHRAE Standard 32.1-2022, 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. Refrigerated bottled or canned 
beverage vending machines shall 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.
    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

[[Page 28402]]

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 
section 7.2.2.2 of ANSI/ASHRAE Standard 32.1-2022, 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. Any refrigerant 
leak mitigation controls 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. Refrigerant leak 
mitigation controls that are integrated into the refrigerated 
bottled or canned 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.
    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 Standard 32.1-2022 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 
Standard 32.1-2022, 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 
Standard 32.1-2022 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) 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 Standard 32.1-2022 
including the referenced methodology in section 4, ``Method for 
Computing Refrigerated Volume of Refrigerators, Refrigerator-
Freezer, Wine Chillers, and Freezers,'' of AHAM HRF-1-2016. 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 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. 2023-09036 Filed 5-3-23; 8:45 am]
BILLING CODE 6450-01-P