[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
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Reference No.
Commenter(s) Reference in this final rule in the docket Commenter type
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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.
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* 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
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DOE test procedure prior to
amendment Amended test procedure Attribution
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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.
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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