[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Proposed Rules]
[Pages 18936-18959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06139]



[[Page 18935]]

Vol. 87

Thursday,

No. 62

March 31, 2022

Part II





 Department of Energy





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10 CFR Part 431





Energy Conservation Program: Test Procedure for Refrigerated Bottled or 
Canned Beverage Vending Machines; Proposed Rule

Federal Register / Vol. 87 , No. 62 / Thursday, March 31, 2022 / 
Proposed Rules

[[Page 18936]]


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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: Notice of proposed rulemaking and announcement of public 
meeting.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
test procedures for refrigerated bottled or canned beverage vending 
machines (``BVMs'') to reference the latest version of the industry 
standard. DOE also proposes to provide setup instructions for non-
beverage shelves, update the lowest application product temperature 
definition and instructions, require testing of coin and bill payment 
mechanisms if shipped with the BVM (but not until the compliance date 
of any amended energy conservation standards), specify setup 
instructions for leak mitigation controls, and remove an obsolete 
version of the test procedure. DOE is seeking comment from interested 
parties on the proposal.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than May 31, 2022. See section V, ``Public 
Participation,'' for details. DOE will hold a webinar on Monday, May 2, 
2022, from 1:00 p.m. to 4:00 p.m. See section V, ``Public 
Participation,'' for webinar registration information, participant 
instructions, and information about the capabilities available to 
webinar participants. If no participants register for the webinar, it 
will be cancelled.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under docket 
number EERE-2021-BT-TP-0007. Alternatively, interested persons may 
submit comments by email to <a href="/cdn-cgi/l/email-protection#4d0f1b007f7d7f7c191d7d7d7d7a0d282863292228632a223b"><span class="__cf_email__" data-cfemail="3f7d69720d0f0d0e6b6f0f0f0f087f5a5a115b505a11585049">[email protected]</span></a>. Include docket 
number EERE-2021-BT-TP-0007 in the subject line of the message. No 
telefacsimiles (``faxes'') will be accepted. For detailed instructions 
on submitting comments and additional information on this process, see 
section V of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing COVID-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the COVID-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket web page can be found at www.regulations.gov/docket/EERE-2021-BT-TP-0007. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section V for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:
    Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1943. Email <a href="/cdn-cgi/l/email-protection#48093838242129262b2d1b3c29262c293a2c3b193d2d3b3c2127263b082d2d662c272d662f273e"><span class="__cf_email__" data-cfemail="622312120e0b030c01073116030c060310061133170711160b0d0c112207074c060d074c050d14">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#1142706370793f5364657d74635159603f757e743f767e67"><span class="__cf_email__" data-cfemail="a2f1c3d0c3ca8ce0d7d6cec7d0e2ead38cc6cdc78cc5cdd4">[email protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#99d8e9e9f5f0f8f7fafccaedf8f7fdf8ebfdeac8ecfceaedf0f6f7ead9fcfcb7fdf6fcb7fef6ef"><span class="__cf_email__" data-cfemail="08497878646169666b6d5b7c69666c697a6c7b597d6d7b7c6167667b486d6d266c676d266f677e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously 
approved incorporation by reference and to incorporate by reference the 
following industry standards into 10 CFR part 431:
    American National Standards Institute (``ANSI'')/American Society 
of Heating, Refrigerating, and Air-Conditioning Engineers (``ASHRAE'') 
Standard 32.1, (``ANSI/ASHRAE Standard 32.1-2017''), ``Methods of 
Testing Rating Refrigerated Vending Machines for Sealed Beverages'';
    ANSI/Association of Home Appliance Manufacturers (``AHAM'') 
Standard HRF-1, (``ANSI/AHAM HRF-1-2008''), ``Energy And Internal 
Volume Of Refrigerating Appliances''.
    Copies of ANSI/ASHRAE Standard 32.1-2017 can be purchased from 
ASHRAE's bookstore at webstore.ansi.org. Copies of ANSI/AHAM HRF-1-2008 
can be purchased at webstore.ansi.org/standards/aham/ahamhrf2008.
    For a further discussion of these standards, see section IV.M of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    C. Deviation From the Process Rule
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope and Definitions
    B. Updates to Industry Standards
    C. Test Procedure
    1. Ambient Test Conditions
    2. Test Procedure for Combination BVMs
    3. Characteristics of the Standard Product
    4. Lowest Application Product Temperature
    5. Payment Mechanisms
    6. Low Power Modes
    7. Reloading and Recovery Period
    8. Alternate Refrigerants
    9. Connected Functions
    10. Condenser Conditions
    11. Removal of Obsolete Provisions
    D. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974

[[Page 18937]]

    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    DOE is authorized to establish and amend energy conservation 
standards and test procedures for Refrigerated Bottled or Canned 
Beverage Vending Machines (``BVMs''). (42 U.S.C. 6295(v); 42 U.S.C. 
6293(b)(15)) DOE's energy conservation standards and test procedures 
for Refrigerated Bottled or Canned Beverage Vending Machines (``BVMs'') 
are currently prescribed at subpart Q of part 431 of title 10 of the 
Code of Federal Regulations (``CFR''). The following sections discuss 
DOE's authority to establish test procedures for BVMs and relevant 
background information regarding DOE's consideration of test procedures 
for this product.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products include BVMs, the subject of this document. (42 U.S.C. 
6295(v)) \3\
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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).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ Because Congress included BVMs in Part A of Title III of 
EPCA, the consumer product provisions of Part A (rather than the 
industrial equipment provisions of Part A-1) apply to BVMs. DOE 
placed the regulatory requirements specific to BVMs in 10 CFR part 
431, ``Energy Efficiency Program for Certain Commercial and 
Industrial Equipment'' as a matter of administrative convenience 
based on their type and will refer to BVMs as ``equipment'' 
throughout this document because of their placement in 10 CFR part 
431. Despite the placement of BVMs in 10 CFR part 431, the relevant 
provisions of Title A of EPCA and 10 CFR part 430, which are 
applicable to all product types specified in Title A of EPCA, are 
applicable to BVMs. See 74 FR 44914, 44917 (Aug. 31, 2009) and 80 FR 
45758, 45759 (Jul. 31, 2015). The regulatory provisions of 10 CFR 
430.33 and 430.34 and subparts D and E of 10 CFR part 430 are 
applicable to BVMs. Because the procedures in 10 CFR parts 430 and 
431 for petitioning DOE for obtaining a test procedure waiver are 
substantively the same (79 FR 26591, 26601 (May 9, 2014)), the 
regulations for applying for a test procedure waiver for BVMs are 
those found at 10 CFR 431.401 rather than those found at 10 CFR 
430.27.
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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 Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal 
preemption for particular State laws or regulations, in accordance with 
the procedures and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
and incorporate standby and off mode energy consumption or such 
integration is technically infeasible. If an integrated test procedure 
is technically infeasible, DOE must prescribe a separate standby mode 
and off mode energy use test procedure for the covered product, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment 
must consider the most current versions of the International 
Electrotechnical Commission (``IEC'') Standard 62301 \4\ and IEC 
Standard 62087 \5\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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    \4\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \5\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
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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. (42 U.S.C. 
6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures. (42 U.S.C. 
6293(b)(1)(A)(ii))

[[Page 18938]]

DOE is publishing this notice of proposed rulemaking (``NOPR'') in 
satisfaction of the 7-year review requirement specified in EPCA. (42 
U.S.C. 6293(b)(1)(A))

B. Background

    DOE's existing test procedures for BVMs appear at 10 CFR part 431, 
subpart Q, appendix A and appendix B, both titled ``Uniform Test Method 
for the Measurement of Energy Consumption of Refrigerated Bottled or 
Canned Beverage Vending Machines'' (``appendix A'' and ``appendix B'', 
respectively). On or after January 8, 2019, any representations, 
including compliance certifications, made with respect to the energy 
use or efficiency of BVMs must be made in accordance with the results 
of testing pursuant to appendix B.
    On July 31, 2015, DOE published a test procedure final rule (``July 
2015 Final Rule'') that referenced updated industry test methods, 
improved clarity of the procedure, accounted for new equipment 
features, and established the test procedures at appendix A and 
appendix B.\6\ 80 FR 45758; See also 81 FR 1028 (January 8, 2016). The 
specific amendments in the July 2015 Final Rule included, for both 
appendix A and appendix B: (1) Updating the referenced test method to 
ANSI/ASHRAE Standard 32.1-2010, ``Methods of Testing for Rating Vending 
Machines for Sealed Beverages,'' (``ANSI/ASHRAE Standard 32.1-2010''), 
(2) incorporating amendments to clarify several ambiguities in ANSI/
ASHRAE Standard 32.1-2010, (3) eliminating the requirement to test at 
the 90-degree Fahrenheit (``[deg]F'') ambient test condition, (4) 
clarifying the test procedure for combination vending machines, (5) 
clarifying the requirements for loading of BVMs under the DOE test 
procedure, (6) specifying the characteristics of a standard test 
package, (7) clarifying the average next-to-vend beverage temperature 
test condition, (8) specifying placement of thermocouples during the 
DOE test procedure, (9) establishing provisions for testing at the 
lowest application product temperature, (10) clarifying the treatment 
of certain accessories during the DOE test procedure, and (11) 
clarifying the certification and reporting requirements for covered 
BVMs. 80 FR 45758, 45760. The July 2015 Final Rule also incorporated 
amendments in appendix B to account for the impact of low-power modes 
on the measured daily energy consumption (``DEC'') of BVMs. Id.
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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. In the May 
2021 RFI, DOE requested comments, information, and data regarding a 
number of issues, including (1) scope and definitions, (2) test 
procedure setup and conditions, (3) updates to industry standards, (4) 
low power modes and recovery periods, (5) alternate refrigerants, (6) 
payment mechanisms, and (7) connected functions.
    DOE received comments in response to the May 2021 RFI from the 
interested parties listed in Table I.1.

    Table I.1--Written Comments Received in Response to May 2021 RFI
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                                    Reference in this
           Commenter(s)                   NOPR           Commenter type
------------------------------------------------------------------------
CoilPod LLC......................  CoilPod...........  Component/
                                                        Material
                                                        Supplier.
Appliance Standards Awareness      ASAP and NRDC.....  Efficiency
 Project, Natural Resources                             Organizations.
 Defense Council.
Pacific Gas and Electric Company,  CA IOUs...........  Utility
 Southern California Edison, and                        Association.
 San Diego Gas & Electric;
 collectively, the California
 Investor-Owned Utilities.
Northwest Energy Efficiency        NEEA and NPCC.....  Efficiency
 Alliance, Northwest Power and                          Organizations.
 Conservation Council.
National Automatic Merchandising   NAMA..............  Trade
 Association.                                           Association.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\7\
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    \7\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for BVMs. (Docket No. EERE-2021-BT-TP-0007, which is 
maintained at www.regulations.gov). The references are arranged as 
follows: (commenter name, comment docket ID number, page of that 
document).
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C. Deviation From the Process Rule

    In accordance with section 3(a) of part 430, subpart C, appendix A 
(``Appendix A''), DOE notes that it is deviating from the provision in 
appendix A regarding publication of further opportunity to comment 
following an early assessment RFI prior to a NOPR to amend the test 
procedure. Section 8(b) of appendix A; 10 CFR 431.4. DOE is opting to 
deviate from this step because in the May 2021 RFI DOE already 
requested and received information on the topics addressed in DOE's 
proposal. DOE has tentatively determined the proposals do not require 
an additional pre-NOPR opportunity for public comment.

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to update the test procedure at appendix 
B as follows:

    (1) Incorporate by reference the current industry standard ANSI/
ASHRAE Standard 32.1-2017.
    (2) Incorporate by reference the industry standard ANSI/AHAM 
HRF-1-2008 referenced in ANSI/ASHRAE Standard 32.1-2017.
    (3) Maintain the existing DOE test procedure requirements that 
are not included in ANSI/ASHRAE Standard 32.1-2017.
    (4) Provide setup instructions for non-beverage shelves in 
refrigerated compartments.
    (5) Amend the definition of lowest application product 
temperature (``LAPT'') to allow for testing BVMs only capable of 
operating at temperatures below the specified test temperature.
    (6) Require testing of coin and bill payment mechanisms if 
shipped with the BVM (but not until the compliance date of any 
amended energy conservation standards).
    (7) Specify setup instructions for leak mitigation controls 
consistent with the existing test procedure instructions.
    (8) Remove the obsolete test procedure in appendix A.

    DOE's proposed actions are summarized in Table II.1 compared to the 
current test procedure as well as the reason for the proposed change.

[[Page 18939]]



  Table II.1--Summary of Changes in Proposed Test Procedure Relative to
                         Current Test Procedure
------------------------------------------------------------------------
                                     Proposed test
   Current DOE test procedure          procedure          Attribution
------------------------------------------------------------------------
Incorporates by reference ANSI/   Incorporates by     Reference most
 ASHRAE Standard 32.1-2010.        reference ANSI/     recent industry
                                   ASHRAE Standard     test method.
                                   32.1-2017.
Refers to Appendix C of ANSI/     Incorporates by     Incorporate by
 ASHRAE Standard 32.1-2010,        reference ANSI/     reference
 which references ANSI/AHAM HRF-   AHAM HRF-1-2008     industry test
 1-2004, for measurement of        for measurement     method required
 refrigerated volume.              of refrigerated     for testing.
                                   volume, as
                                   referenced in
                                   Appendix C of
                                   ANSI/ASHRAE
                                   Standard 32.1-
                                   2017.
Does not specifically address     Specifies that non- Improve
 loading of non-beverage           beverage            representativenes
 merchandise shelves within the    merchandise         s and
 refrigerated compartment.         shelves within      reproducibility.
                                   the refrigerated
                                   compartment are
                                   unloaded for
                                   testing.
Defines LAPT only for units that  Adds a definition   Improve
 operate at temperatures above     for LAPT and test   representativenes
 the test condition.               instructions for    s and
                                   units that can      reproducibility.
                                   only operate
                                   below the test
                                   condition.
Payment mechanisms are de-        Requires coin and   Improve
 energized for testing; energy     bill payment        representativenes
 calculations include a            mechanisms to be    s.
 representative daily energy       energized and
 consumption adder for payment     tested upon the
 mechanisms.                       compliance date
                                   of any amended
                                   energy
                                   conservation
                                   standards.
Generally requires components     Specifies that      Improves
 necessary for primary             leak mitigation     representativenes
 functionality to be energized     controls would be   s.
 and those not necessary for       energized or de-
 primary functionality to be de-   energized for
 energized for testing.            testing depending
                                   on whether they
                                   are necessary for
                                   primary
                                   functionality of
                                   the BVM.
Includes appendix B required for  Removes obsolete    Improves
 testing current BVMs and          appendix A.         readability.
 appendix A which is now
 obsolete.
------------------------------------------------------------------------

    DOE has tentatively determined that the proposed amendments 
described in section III of this NOPR would not alter the measured 
efficiency of BVMs or require retesting or recertification solely as a 
result of DOE's adoption of the proposed amendments to the test 
procedures, if made final. The proposed amendment to require coin and 
bill payment mechanisms to be energized during testing would not be 
required until the compliance date of any amended energy conservation 
standards for BVMs that account for the measurement of the coin and 
bill payment mechanism energy, should such standards be adopted. 
Additionally, DOE has tentatively determined that the proposed 
amendments, if made final, would not increase the cost of testing. 
Discussion of DOE's proposed actions are addressed in detail in section 
III of this NOPR.

III. Discussion

A. Scope and Definitions

    BVMs are commercial refrigerators (as defined at 10 CFR 431.62 \8\) 
that cool bottled or canned beverages and dispense the bottled or 
canned beverages on payment. 10 CFR 431.292. The defined equipment 
classes for BVMs include Class A, Class B, Combination A, and 
Combination B.
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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 (<plus-minus>2 [deg]F).
---------------------------------------------------------------------------

    Class A means a BVM that is not a combination vending machine and 
in which 25 percent or more of the surface area on the front side of 
the beverage vending machine is transparent.
    Class B means a BVM that is not considered to be Class A and is not 
a combination vending machine.
    Combination A means a combination vending machine where 25 percent 
or more of the surface area on the front side of the beverage vending 
machine is transparent.\9\
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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.
---------------------------------------------------------------------------

    Combination B means a combination vending machine that is not 
considered to be Combination A.
    Combination vending machine means a BVM containing two or more 
compartments separated by a solid partition, that may or may not share 
a product delivery chute, in which at least one compartment is designed 
to be refrigerated, as demonstrated by the presence of temperature 
controls, and at least one compartment is not. 10 CFR 431.292.
    In the May 2021 RFI, DOE requested comment on several topics 
regarding scope and definitions. 86 FR 27054, 27056. DOE requested 
comment on whether it should define ``dispense'' to better 
differentiate between BVMs and other commercial refrigerators as 
defined in 10 CFR 431.62. Id. DOE also requested comment on the 
distinction between refrigerated and non-refrigerated compartments and 
whether the term ``solid partition'' in the definition of combination 
vending machines needs further specificity. Id. Regarding equipment 
classes, DOE requested comment on whether any additional clarifications 
are needed for the existing BVM equipment class definitions, or if 
there are any categories within the current classes that would require 
additional test provisions. Id.
    DOE received no comment on these issues in response to the May 2021 
RFI. Additionally, DOE has not identified BVMs available on the market 
that would require additional specificity in the existing BVM 
definitions. Therefore, DOE has tentatively determined that amendments 
are not required and is not proposing any new or amended BVM 
definitions in this NOPR.

B. Updates to Industry Standards

    DOE's BVM test procedure in appendix B incorporates by reference 
ANSI/ASHRAE Standard 32.1-2010, which was the most current version of 
the industry standard available at the time of the July 2015 Final 
Rule. 80 FR 45758, 45762. DOE specifically references section 3, 
``Definitions''; section 4, ``Instruments''; section 5, ``Vendible 
Capacity''; section 6, ``Test Conditions''; section 7.1, ``Test 
Procedures--General Requirements''; and section 7.2, ``Energy 
Consumption Test'' of ANSI/ASHRAE Standard 32.1-2010. Appendix B 
includes certain exceptions to these references, and in cases of 
conflict between appendix B language and the requirements of ANSI/
ASHRAE Standard 32.1-2010, the language in appendix B takes precedence. 
See section 1 of appendix B.

[[Page 18940]]

    At the time of the July 2015 Final Rule analysis, DOE was aware of 
ongoing industry meetings to consider updates to ASHRAE Standard 32.1. 
DOE participated in those industry meetings and, to the extent 
possible, sought to align its test procedure with the expected updates 
to ASHRAE 32.1. 80 FR 45758, 45762.
    On February 2, 2017, ANSI and ASHRAE approved the latest version of 
Standard 32.1, ANSI/ASHRAE 32.1-2017, ``Methods of Testing for Rating 
Vending Machines for Sealed Beverages,'' (``ANSI/ASHRAE Standard 32.1-
2017'').
    Many of the revisions included in ANSI/ASHRAE Standard 32.1-2017 
harmonize the industry standard with the existing DOE test procedure. 
However, some substantive differences between DOE's test procedure at 
appendix B and ANSI/ASHRAE Standard 32.1-2017 remain, notably the 
following:
    (1) Section 2.2.4 of appendix B contains provisions for testing 
accessory low power mode, and section 2.3.2 of appendix B accounts for 
refrigeration low power mode; whereas ANSI/ASHRAE Standard 32.1-2017 
contains no such provisions (and specifically prohibits operation in 
low-power mode during testing, per section 7.2.2.6.2). See section 
III.B.6 of this NOPR for additional discussion of low power modes.
    (2) Section 2.1.3 of appendix B provides instructions for testing 
BVMs that are not capable of maintaining an integrated average 
temperature of 36 [deg]F <plus-minus> 1 [deg]F during the 24-hour test 
period; whereas ANSI/ASHRAE Standard 32.1-2017 contains no such 
provisions. See section II.B.4 of this NOPR for additional discussion 
of lowest application product temperatures.
    (3) Section 2.2.1.4 of appendix B specifies a ``standard product'' 
consisting of standard 12-ounce aluminum beverage cans filled with a 
liquid with a density of 1.0 grams per milliliter (``g/mL'') <plus-
minus> 0.1 g/mL at 36 [deg]F; whereas ANSI/ASHRAE Standard 32.1-2017 
specifies using a 33 percent propylene glycol and 67 percent water 
solution. See section II.B.3 for additional discussion of standard 
product characteristics.
    (4) Section 2.2.5.1 of appendix B provides instructions for payment 
mechanisms that cannot be disconnected during testing (if the payment 
mechanism is not removed, appendix B requires it to be in place but de-
energized, or set to the lowest energy consuming state if it cannot be 
de-energized) and specifies a default payment mechanism energy 
consumption of 0.20 kWh/day; whereas ANSI/ASHRAE Standard 32.1-2017 
contains no such provisions. See section II.B.5 for additional 
discussion of payment mechanisms.
    (5) Section 2.2.3 of appendix B requires energy management systems 
to be disabled and energy-saving features that cannot be disabled to be 
set to their most energy-consuming settings; whereas ANSI/ASHRAE 
Standard 32.1-2017 also requires that energy management systems be 
disabled, but does not address other energy-saving features that cannot 
be disabled.
    (6) Sections 2.2.5.2 through 2.2.5.10 of appendix B provide 
additional setup instructions regarding certain equipment accessories 
(i.e., internal lighting; external customer display signs, lights, and 
digital screens; anti-sweat or other electric resistance heaters; 
condensate pan heaters and pumps; illuminated temperature displays; 
condensate filters; security covers; general purpose outlets; and 
crankcase heaters and other electric resistance heaters for cold 
weather); whereas ANSI/ASHRAE Standard 32.1-2017 provides instructions 
for only a subset of these accessories (i.e., video screens and 
lighting).
    (7) Section 2.2.2 of appendix B prohibits routing thermocouple 
wires and other measuring equipment through the dispensing door; 
whereas ANSI/ASHRAE Standard 32.1-2017 contains no such prohibition 
(only that they be installed in a manner that does not affect energy 
performance).
    (8) Section 2.3.3 of appendix B provides rounding instructions on 
energy consumption results; whereas ANSI/ASHRAE Standard 32.1-2017 
contains no such rounding instructions.
    (9) ANSI/ASHRAE Standard 32.1-2017 provides an additional recovery 
test (to determine the product temperature recovery time of the BVM 
when loaded with product at a certain temperature) and a vend test (to 
determine how much cold product a BVM will deliver when bottles, cans, 
or other sealed packages are vended at a rate of two per minute, 3 
hours after a half-full machine is refilled with product at a specified 
beverage temperature); whereas appendix B contains no such tests. These 
tests assess product temperature recovery and vending performance but 
do not factor into the energy use measurement in ANSI/ASHRAE Standard 
32.1-2017.
    In addition to the differences with the DOE test procedure, ANSI/
ASHRAE Standard 32.1-2017 also lists key changes from the 2010 version, 
summarized by the following:
    <bullet> Updates definitions to specify the application to BVMs;
    <bullet> Removes zone-cooled/fully cooled distinction;
    <bullet> Updates AHAM HRF-1 reference to a more recent version of 
the standard (2008);
    <bullet> Removes the 90 [deg]F test condition for ambient 
temperature and maintains a single ambient temperature (75 [deg]F);
    <bullet> Clarifies test setup requirements for temperature sensor 
locations and test package/wire setup;
    <bullet> Incorporates requirements for the controls systems; and
    <bullet> Clarifies the integrated average temperature (``IAT'') 
calculation.
    In the May 2021 RFI, DOE requested comment on whether it should 
update its test procedure to incorporate by reference ANSI/ASHRAE 
Standard 32.1-2017 and whether any of the updates included would affect 
measured energy consumption. 86 FR 27054, 27057. Additionally, DOE 
requested comment on the differences between the current DOE test 
procedure and ANSI/ASHRAE Standard 32.1-2017, and whether there are any 
known deficiencies in ANSI/ASHRAE Standard 32.1-2017 that DOE should 
consider addressing in the future. Id.
    ASAP and NRDC and the CA IOUs commented in support of updating the 
current DOE test procedure to incorporate by reference ANSI/ASHRAE 
Standard 32.1-2017. (ASAP and NRDC, No. 4, p.1; CA IOUs, No. 6, p.2)
    ASAP and NRDC, NEEA and NPCC, and the CA IOUs recommended that DOE 
maintain provisions for low power mode testing, which are not included 
in ANSI/ASHRAE Standard 32.1-2017. (ASAP and NRDC, No. 4, p. 1; NEEA 
and NPCC, No.7, p.3; CA IOUs No. 6, p.2) ASAP and NRDC commented that 
these test provisions can incentivize manufacturers to incorporate more 
energy management controls to reduce energy consumption. (ASAP and 
NRDC, No. 4, p.1) ASAP and NRDC also commented that DOE should maintain 
the current test procedure provision to address energy saving features 
that cannot be disabled, which is not included in ANSI/ASHRAE Standard 
32.1-2017, to help maintain consistency for testing across different 
machines. (ASAP and NRDC, No. 4, p. 2) NEEA and NPCC further 
recommended that DOE should maintain the requirement that energy saving 
features be enabled during testing. (NEEA and NPCC, No.7 p.3)
    ASAP and NRDC, as well as NEEA and NPCC, recommended that DOE 
should continue to account for payment mechanism energy consumption, 
which is not included in ANSI/ASHRAE

[[Page 18941]]

Standard 32.1-2017. (ASAP and NRDC, No. 4, p.2; NEEA and NPCC, No. 7, 
p. 3)
    Additionally, ASAP and NRDC, as well as NEEA and NPCC, supported 
maintaining existing accessory equipment setup instructions not 
included in ANSI/ASHRAE Standard 32.1-2017 to help provide clarity for 
lab technicians and consistency across test labs. (ASAP and NRDC, No. 
4, p. 2; NEEA and NPCC, No. 7, p.3)
    ASAP and NRDC, as well as NEEA and NPCC, also recommend maintaining 
the rounding instructions currently in the DOE test procedure (for 
energy consumption results) because ASHRAE Standard 32.1-2017 does not 
contain such instructions. (ASAP and NRDC, No. 4, p. 2; NEEA and NPCC, 
No. 7, p.3)
    The CA IOUs also commented that they believe the ANSI/ASHRAE 
Standard 32.1-2017 specifications on contents of the test containers 
will result in higher reproducibility and should be adopted for the DOE 
test procedure. (CA IOUs, No. 6, p. 2)
    DOE considered the comments received in response to the May 2021 
RFI and proposes to incorporate by reference the most recent updated 
industry standard ANSI/ASHRAE Standard 32.1-2017, while maintaining the 
current DOE test procedure provisions not included in ANSI/ASHRAE 
Standard 32.1-2017 regarding energy management systems, accessory setup 
instructions, wire routing, and rounding. This proposed approach is 
consistent with the recommendations from interested parties. DOE has 
tentatively determined that this proposal would not impact current BVM 
ratings or test costs because the proposed test procedure is 
substantively the same as the current DOE test procedure.
    The other topics raised in comments from interested parties or 
noted as differences between ANSI/ASHRAE Standard 32.1-2017 and the 
current DOE test procedure (i.e., characteristics of the standard 
product, lowest application product temperature, payment mechanisms, 
low-power modes, and additional operating modes) are discussed in 
detail in subsequent sections of this NOPR.
    As discussed earlier in this section, Appendix C of ANSI/ASHRAE 
Standard 32.1-2017 refers to the 2008 version of ANSI/AHAM Standard 
HRF-1 ``Energy, Performance and Capacity of Household Refrigerators, 
Refrigerator-Freezers and Freezers'' (``ANSI/AHAM HRF-1-2008'') for 
measuring the refrigerated volume of BVMs. The current DOE test 
procedure, by reference to ANSI/ASHRAE Standard 32.1-2010, refers to 
the 2004 version of ANSI/AHAM Standard HRF-1 (``ANSI/AHAM HRF-1-2004'') 
for measuring BVM refrigerated volume. For consistency with the 
proposed incorporation by reference of ANSI/ASHRAE Standard 32.1-2017, 
DOE is also proposing to incorporate by reference ANSI/AHAM HRF-1-2008 
to ensure that BVM testing is conducted to the appropriate test 
standard. DOE has determined that the updates made to ANSI/AHAM HRF-1 
between the 2004 and 2008 versions provide clarifications and 
instructions for measuring components that are specific to consumer 
refrigeration products (e.g., consideration of through-the-door ice and 
water dispensers) and that current refrigerated volume measurements and 
ratings for BVMs would be unchanged under the proposed updated industry 
standard reference.
    DOE requests comment on its proposal to incorporate by reference 
the most current industry test standard, ANSI/ASHRAE Standard 32.1-
2017, including the updated reference to ANSI/AHAM HRF-1-2008 for 
measuring refrigerated volume. Specifically, DOE requests comment on 
whether the proposed amendments would affect BVM ratings as measured 
under the existing test procedure or whether they would impact test 
burden.

C. Test Procedure

    In the May 2021 RFI, DOE specifically asked for comment on the 
following topics: Ambient test conditions, test procedure for 
combination BVMs, characteristics of the standard product, lowest 
application product temperature, payment mechanisms, low power modes, 
reloading and recovery periods, alternate refrigerants, and connected 
functions. 86 FR 27054, 27057-27061. The following sections summarize 
the comments received on these topics DOE's responses, and any 
corresponding proposed amendments to the DOE test procedure.
1. Ambient Test Conditions
    Section 2.1.2 of appendix B requires testing and rating BVM 
performance in a 75 [deg]F ambient temperature with a 45 percent 
relative humidity. Prior to the July 2015 Final Rule, the DOE test 
procedure incorporated by reference ANSI/ASHRAE Standard 32.1-2004, 
which included two ambient test conditions: 75 [deg]F with a 45 percent 
relative humidity and 90 [deg]F with a 65 percent relative humidity. 
However, compliance with DOE's energy conservation standard was 
determined based on performance at only the 75 [deg]F with a 45 percent 
relative humidity test condition. In the July 2015 Final Rule, DOE 
determined that the 75 [deg]F with a 45 percent relative humidity test 
condition provides a reasonable and comparable representation of energy 
performance for all BVMs and removed the 90 [deg]F with a 65 percent 
relative humidity condition. 80 FR 45758, 45765.
    During the rulemaking leading to the July 2015 Final Rule, DOE 
estimated that 18 percent of Class B and Combination B BVMs are 
installed outdoors. 80 FR 45758, 45765. DOE determined that, although 
these BVMs would experience different ambient conditions than in the 
test procedure, it would not be feasible to test at all the conditions 
BVMs may experience in the field. Id. In ANSI/ASHRAE Standard 32.1-
2017, the 90 [deg]F with a 65 percent relative humidity test condition 
for the energy consumption test was removed, and the industry test 
standard designated the 75 [deg]F with a 45 percent relative humidity 
test condition as the singular test condition.
    If certain BVMs are specifically designed to operate in unique 
ambient conditions (i.e., are intended for use only in the unique 
condition and are not optionally installed indoors, as are most BVMs), 
testing at a different ambient condition may better represent average 
energy use in the field.
    In the May 2021 RFI, DOE requested comment on the number of BVMs 
that operate outdoors or in other unique environments that might differ 
from the single specified test condition. 86 FR 27054, 27058. DOE also 
requested information on how to identify and define outdoor BVMs, 
appropriate test methods to represent their energy consumption, and the 
costs associated with those methods. Id.
    DOE did not receive any comments on these topics in response to the 
May 2021 RFI. While acknowledging that BVMs may be installed and 
operated in a variety of locations and ambient conditions, DOE has 
tentatively determined that the existing single test condition provides 
a representative test condition for BVMs, consistent with the July 2015 
Final Rule determination. DOE does not propose any changes to the 
current requirement to test under the single ambient test condition (75 
[deg]F and 45 percent relative humidity), consistent with the test 
condition specified in ASHRAE Standard 32.1-2017.
2. Test Procedure for Combination BVMs
    As described in section III.A, DOE defines ``combination BVM'' as a 
BVM containing two or more compartments separated by a solid partition, 
that may

[[Page 18942]]

or may not share a product delivery chute, in which at least one 
compartment is designed to be refrigerated, as demonstrated by the 
presence of temperature controls, and at least one compartment is not. 
10 CFR 431.292. The thermal mass of items loaded into the non-
refrigerated compartments (or lack of thermal mass for unloaded 
compartments) may affect the measured DEC of combination BVMs. Section 
2.2.1.3 of appendix B specifies that the non-refrigerated compartments 
of combination BVMs must not be loaded with any standard products or 
other vendible merchandise during testing. Sections 7.2.2.2 and 7.2.2.7 
of ANSI/ASHRAE Standard 32.1-2017 require combination BVMs not to be 
loaded with any standard products, test packages, or other vendible 
merchandise in the non-refrigerated compartments.
    The thermal mass of items loaded into the non-refrigerated 
compartments (or lack of thermal mass for unloaded compartments) may 
affect the measured DEC of combination BVMs. In the May 2021 RFI, DOE 
sought feedback on whether requiring some load in the non-refrigerated 
compartment would better represent the average energy use of 
combination BVMs. 86 FR 27054, 27058. DOE also requested comment on the 
typical thermal mass of merchandise loaded into the non-refrigerated 
compartments of combination BVMs and the potential impact of such a 
load on tested energy consumption. Id.
    ASAP and NRDC encouraged DOE to consider requiring a load in the 
non-refrigerated compartments, after investigating the typical thermal 
mass loaded, to provide a more representative energy consumption 
measurement. (ASAP and NRDC, No. 4, p. 2)
    DOE did not receive comments in response to the May 2021 RFI 
regarding the typical thermal mass of loads in the non-refrigerated 
compartments on combination BVMs. Based on a review of the market, 
typical loads for non-refrigerated compartments can range from small 
items with density similar to beverages (e.g., chocolate bars), to 
larger low-density items (e.g., bags of chips). Given the wide range of 
products stored in non-refrigerated compartments, DOE has not 
identified a typical representative load for these compartments. 
Additionally, DOE acknowledges that loading non-refrigerated 
compartments in a consistent, repeatable manner may be difficult due to 
the range of shelf configurations in those compartments. DOE did not 
identify a standard package that could be consistently loaded into non-
refrigerated shelves for testing. Requiring such a load would introduce 
additional test burden compared to the existing unloaded approach.
    DOE has tentatively determined that the current test procedure 
provides a representative, repeatable, and reproducible approach for 
testing combination BVMs while minimizing test burden. Accordingly, DOE 
is not proposing to require a load in non-refrigerated compartments.
    DOE continues to request information on typical loads for non-
refrigerated compartments in combination BVMs and, if DOE were to 
require such loads for testing, the potential impacts on combination 
BVM energy consumption and test burden.
3. Characteristics of the Standard Product
    Section 2.2.1.4 of appendix B specifies the standard products to be 
used for testing, which include the following: 12-ounce aluminum 
beverage cans filled with a liquid with a density of 1.0 grams per 
milliliter (``g/mL'') <plus-minus>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 <plus-minus>0.1 g/mL at 
36 [deg]F; or, for product storage racks that are not capable of 
vending 12-ounce cans or 20-ounce bottles, the packaging and contents 
specified by the manufacturer in product literature as the standard 
product (i.e., the specific merchandise the refrigerated bottled or 
canned beverage vending machine is designed to vend).
    In the July 2015 Final Rule, DOE discussed the possibility of 
considering other standard products, including slimline cans, milk 
cartons, aseptic packs, pouches, and energy drinks. 80 FR 45758, 45768. 
These potential alternative standard products all hold liquids and 
otherwise would allow for testing following the current BVM test 
procedure instructions. However, DOE determined that the standard 
product for BVMs not capable of vending 12-ounce cans or 20-ounce 
bottles is the product specified by the manufacturer in product 
literature. Id.
    In the May 2021 RFI, DOE requested comment on whether the standard 
products as currently defined (i.e., the products comprising the BVM 
test load) are representative of average BVM use and if any additional 
products should be defined as standard products to limit variability in 
testing. 86 FR 27054, 27058. Additionally, DOE requested detailed 
descriptions of any such products and what the appropriate method of 
loading would be for BVMs designed to dispense merchandise other than 
the standard products. 86 FR 27054, 27058-27059.
    DOE did not receive comment on these topics in response to the May 
2021 RFI and proposes to maintain the current test procedure standard 
packages of 12-ounce cans, 20-ounce bottles, or the packaging and 
contents specified by the manufacturer in product literature, depending 
on the BVM vending capability.
    Additionally, DOE stated in the May 2021 RFI that certain BVMs are 
marketed to vend both beverages and food, but do not contain a solid 
partition that separates the shelves or compartments intended for 
refrigerated bottled or canned beverages from those intended for other 
merchandise. 86 FR 27054, 27058. If the non-beverage shelves of these 
BVMs are not capable of vending 12-ounce cans or 20-ounce bottles, the 
standard product for testing is the packaging and contents specified by 
the manufacturer in product literature as the standard product per 
section 2.2.1.4 of appendix B. Id.
    For non-beverage shelves, manufacturers do not always specify the 
packaging and contents of the merchandise to be loaded. Additionally, 
measuring temperature at the center of mass of non-liquid merchandise 
packaging would provide unique challenges compared to liquid containers 
(e.g., measuring the center of mass of a bag of chips).
    Similar to the discussion regarding non-refrigerated compartments 
in combination BVMs in section III.C.2 of this document, DOE has 
tentatively determined that it cannot identify a representative non-
beverage test load because of the wide range of merchandise that could 
be loaded in non-beverage shelves. Additionally, DOE expects that 
measuring the temperatures of non-beverage standard packages would be 
difficult to do repeatably and reproducibly (i.e., measuring the 
temperature in food packaging rather than in a liquid) and would 
increase test burden. To ensure that BVMs with non-beverage 
merchandising shelves are tested consistently and in a representative 
manner while limiting test burden, DOE is proposing to specify in a new 
section 2.2.1.1 of appendix B that shelves within the refrigerated 
compartment that are only for non-beverage merchandise must not be 
loaded for testing. DOE expects that manufacturers may already use this 
approach for testing shelves that cannot accommodate any beverage 
containers (i.e., it is unclear how manufacturers currently test such 
BVMs, and DOE has

[[Page 18943]]

not received petitions for waiver regarding this issue). DOE similarly 
does not expect that this proposal would result in any cost impacts for 
BVM manufacturers.
    DOE requests comment on the proposal to specify that non-beverage 
merchandise shelves not be loaded for testing BVMs. DOE seeks 
information on how such models are currently tested and on whether this 
proposal would impact current BVM ratings or test burden.
    As discussed in section III.B, section 2.2.1.4 of appendix B 
requires that the standard product 12-ounce cans or 20-ounce bottles be 
filled with liquid with a density of 1.0 grams per milliliter (``g/
mL'') <plus-minus> 0.1 g/mL at 36 [deg]F. Whereas, ANSI/ASHRAE Standard 
32.1-2017 requires the beverage temperature test packages to be filled 
with a 33 percent propylene glycol and 67 percent water solution. ANSI/
ASHRAE Standard 32.1-2017 does not specify whether these glycol and 
water percentages are based on weight or volume. In the May 2021 RFI, 
DOE requested comment on whether the standard products defined in 
appendix B require any further specifications. 86 FR 27054, 27059. DOE 
requested feedback on whether it should specify the contents of the 
test containers (e.g., the 33 percent propylene glycol and 67 percent 
water solution, and whether these percentages are based on weight or 
volume) as specified in ANSI/ASHRAE Standard 32.1-2017. Id.
    The CA IOUs commented that they believe the ANSI/ASHRAE Standard 
32.1-2017 specifications for test container contents would result in 
higher reproducibility and should be adopted for the DOE test 
procedure. (CA IOUs, No. 6, p. 2)
    DOE specifies the use of a propylene glycol solution in other test 
procedures, such as for testing commercial refrigeration equipment.\10\ 
Commercial freezers are by definition capable of operating below 32 
[deg]F (see 10 CFR 431.62) and are tested at a 0 [deg]F integrated 
average temperature. See section 2.1 of 10 CFR part 431, subpart C, 
appendix B. While water would freeze at operating temperatures below 32 
[deg]F, the propylene glycol solution has a reduced freezing point and 
remains a liquid at the test temperatures. The potential for a phase 
change in the test solution introduces test variability as solid and 
liquid water have different heat transfer properties, and if the phase 
change occurs during a test, the measured temperature during the phase 
change may not represent actual storage temperatures.
---------------------------------------------------------------------------

    \10\ See 10 CFR part 431, subpart C, appendix B, which 
incorporates by reference ANSI/ASHRAE Standard 72-2005, (``ANSI/
ASHRAE 72-2005''), ``Method of Testing Commercial Refrigerators and 
Freezers.'' Section 6.2.1 of ANSI/ASHRAE 72-2005 specifies the use 
of propylene glycol solution in test simulators.
---------------------------------------------------------------------------

    For BVMs, the target test condition of 36 [deg]F is above the 
freezing point of water and other liquids likely to be used for testing 
BVMs. As a result, DOE has tentatively determined that specifying an 
alternative propylene glycol solution for testing BVMs is not likely to 
reduce test variability as is the case when testing other types of 
equipment at temperatures below the freezing point of water. 
Additionally, requiring the use of a propylene glycol solution would 
increase test burden compared to the existing test approach, which 
allows more flexibility and does not require the preparation of a test 
solution. For these reasons, DOE is not proposing to amend the existing 
test procedure provisions regarding the specifications of the standard 
product.
4. Lowest Application Product Temperature
    Section 2.1.1 of appendix B requires that the integrated average 
temperature (``IAT'') of the BVM be 36 [deg]F <plus-minus> 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 <plus-minus> 1 [deg]F, section 2.1.3 of appendix B requires 
testing at the BVM's lowest application product temperature (``LAPT'').
    DOE's compliance certification database \11\ lists all BVM models 
certified to DOE, including the LAPT used for rating each model, if 
applicable. Of the 153 individual models included in the compliance 
certification database at the time of this analysis, 9 individual 
models (representing 3 basic models) from one manufacturer are rated at 
LAPTs ranging from 37.9 [deg]F to 41.3 [deg]F. Additional models had 
previously been certified to DOE (but are not included in the current 
DOE compliance certification database) as being rated at a LAPT below 
the 36 [deg]F <plus-minus> 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 <plus-minus> 1 [deg]F.
---------------------------------------------------------------------------

    \11\ Available at www.regulations.doe.gov/certification-data.
---------------------------------------------------------------------------

    In the May 2021 RFI, DOE requested comment on whether the LAPT 
provisions are appropriate for testing BVMs not capable of maintaining 
an IAT of 36 [deg]F <plus-minus> 1 [deg]F. 86 FR 27054, 27059. DOE 
further requested comment on whether appendix B should include 
additional instructions for testing BVMs only capable of maintaining 
temperatures below the specified 36 [deg]F <plus-minus> 1 [deg]F. Id.
    In response to the May 2021 RFI, the CA IOUs recommended that DOE 
require BVMs to operate during testing at or below the standard 
temperature in ANSI/ASHRAE Standard 32.1-2017 to ensure that all BVMs 
are tested consistently, instead of the current test procedure, which 
allows for testing at the lowest application product temperature. (CA 
IOUs, No. 6, p. 2)
    DOE acknowledges that the LAPT provisions result in some BVMs being 
tested at a higher temperature than those capable of maintaining the 
required test IAT. However, for BVMs not capable of operating with 
temperatures of 36 [deg]F <plus-minus> 1 [deg]F, the LAPT test 
provisions are representative of the actual operation of those models. 
Accordingly, the LAPT test provisions measure the energy use of those 
BVMs during a representative average use cycle or period of use as 
required by EPCA. (42 U.S.C. 6293(b)(3)) Additionally, any models 
tested and rated under the LAPT provisions are identified in DOE's 
compliance certification database, along with the actual IAT maintained 
during testing for those models, so that such information is available 
to customers making purchasing decisions.
    DOE is proposing to maintain the current LAPT provisions and add an 
additional provision for testing BVMs that are only capable of 
maintaining temperatures below the 36 [deg]F <plus-minus> 1 [deg]F 
range. For these units, DOE proposes to test at the highest thermostat 
setting. This would allow for testing the BVM under the setting closest 
to the required IAT. DOE proposes to amend the definition of LAPT in 
section 1.2 of appendix B to the following:

    ``Lowest application product temperature'' means the following:
    (a) For units that operate only at temperatures above the 
integrated average temperature specified in Table 1 of ANSI/ASHRAE 
Standard 32.1-2017: The lowest integrated average temperature a 
given basic model is capable of maintaining so as to comply with the 
temperature stabilization requirements specified in Section 7.2.2.2 
of ANSI/ASHRAE Standard 32.1-2017.
    (b) For units that operate only at temperatures below the 
integrated average temperature specified in Table 1 of ANSI/ASHRAE 
Standard 32.1-2017: The highest integrated average temperature a 
given basic model is capable of maintaining so as to comply with the 
temperature stabilization requirements specified in Section 7.2.2.2 
of ANSI/ASHRAE Standard 32.1-2017.


[[Page 18944]]


    DOE has tentatively determined that this proposal would not affect 
current BVM ratings or testing costs because DOE has not identified any 
BVMs currently available on the market that would be tested under the 
newly proposed provision addressing units that operate only at 
temperatures below the IAT of 36 [deg]F <plus-minus> 1 [deg]F.
    DOE requests comment on its initial determination to maintain the 
existing LAPT approach for units that operate only at temperatures 
above the IAT of 36 [deg]F <plus-minus> 1 [deg]F. DOE requests comment 
on its proposal to require testing at the highest integrated average 
temperature a given basic model is capable of maintaining for units 
that are only capable of operating at temperatures below the specified 
IAT of 36 [deg]F <plus-minus> 1 [deg]F.
5. Payment Mechanisms
    Section 2.2.5.1 of appendix B requires testing BVMs with no payment 
mechanism in place, the payment mechanism in-place but de-energized, or 
the payment mechanism in place but set to the lowest energy consuming 
state, if it cannot be de-energized. A default payment mechanism energy 
consumption value of 0.20 kilowatt-hours per day (``kWh/day'') is added 
to the measured energy consumption, according to section 2.3 of 
appendix B. In Section 7.1.2.2. of ANSI/ASHRAE Standard 32.1-2017, 
payment mechanisms are required to be disconnected during testing.
    In the July 2015 Final Rule, DOE determined that because payment 
mechanisms are variable and are not always included in the machine at 
the time of sale, it is difficult to unambiguously specify a 
``representative'' payment mechanism or device combination. 80 FR 
45758, 45776. DOE concluded that conducting physical testing of BVMs 
with no payment mechanisms installed, as opposed to testing with the 
payment mechanisms in place, is the most straightforward, repeatable, 
and unambiguous approach. Id. Because payment mechanisms are integral 
to the vending function of BVMs, DOE established the 0.20 kWh/day value 
based on a weighted average energy consumption of 25 different payment 
mechanisms available at the time of the July 2015 Final Rule, which 
included 11 coin mechanisms, 11 bill validators, and 3 credit card 
readers. 80 FR 45758, 45777.
    Since the publication of the July 2015 Final Rule, the prevalence 
of different payment mechanisms for BVMs may have shifted. For example, 
credit card readers may be more common in the field compared to coin 
mechanisms or bill validators, or BVMs may incorporate multiple types 
of payment mechanisms. Based on the July 2015 Final Rule data, credit 
card readers had the highest idle mode power consumption. 80 FR 45758, 
45777. If such a shift has occurred in the market, an amended payment 
mechanism energy adder may provide results that are more representative 
of average energy use. Alternatively, a direct test of energy 
consumption rather than a fixed energy use adder may be more 
representative of average energy use.
    In the May 2021 RFI, DOE requested comment on whether BVMs are 
typically sold with payment mechanisms in place. 86 FR 27054, 27059. If 
not, DOE requested information on the types of payment mechanisms 
typically installed on BVMs and their associated energy use. Id.
    DOE did not receive any feedback on whether BVMs are typically sold 
with payment mechanisms.
    Based on a survey of units currently available on the market, DOE 
has observed that coin and bill payment mechanisms are typically 
included with BVMs as sold or shipped, but that credit card readers are 
typically sold as an optional feature and are sold separately from the 
BVM. DOE does not have data regarding the relative use of credit card 
readers as compared to coin and bill payment mechanisms.
    In the May 2021 RFI, DOE additionally requested feedback on whether 
the current 0.20 kWh/day energy use assigned to payment mechanisms is 
representative of the current BVM market. 86 FR 27054, 27059.
    ASAP and NRDC commented that 0.2 kWh/day may not be representative 
of the current market and that in the case of a BVM shipped without a 
payment mechanism, it would make sense to specify a default value that 
represents the most energy-consuming payment mechanism. (ASAP and NRDC, 
No. 4, p. 2) ASAP and NRDC, as well as the CA IOUs, commented that DOE 
should include a direct test of the energy use of payment mechanisms in 
the test procedure, stating that individual payment mechanism energy 
use can vary significantly and may depend on integrated ``smart 
functionality.'' (ASAP and NRDC, No. 4, p. 2; CA IOUs No. 6, p.3)
    DOE conducted a review of currently available payment mechanisms to 
determine whether the previously derived 0.20 kWh/day default payment 
mechanism energy consumption is appropriate. DOE reviewed manufacturer 
specifications for 3 coin changers, more than 30 bill validators, and 2 
credit card readers. A summary of the calculated daily energy 
consumptions for each payment mechanism type based on the manufacturer 
specifications is presented in Table III.1.

        Table III.1--Payment Mechanism Energy Consumption Summary
------------------------------------------------------------------------
                                              Average        Range of
                                            calculated      calculated
         Payment mechanism type            daily energy    daily energy
                                            consumption     consumption
                                             (kWh/day)       (kWh/day)
------------------------------------------------------------------------
Coin Changer............................            0.07    0.01 to 0.12
Bill Validator..........................            0.11    0.04 to 0.17
Credit Card Reader......................            0.10    0.07 to 0.12
------------------------------------------------------------------------

    As stated, DOE has observed that coin and bill payment mechanisms 
are typically included with BVMs as shipped, and that credit card 
readers are an additional accessory provided by the manufacturer as an 
option or sold separately. DOE has tentatively determined that 
requiring a payment mechanism that is included with a BVM as shipped 
(i.e., the coin and bill payment mechanism) to be energized during 
testing would provide a more representative measure of energy use 
compared to the current default value specified in the test procedure. 
DOE is proposing to amend the test procedure to require that if a BVM 
is shipped with coin and/or bill payment mechanisms in place, the 
payment mechanisms shall be energized during testing. Because credit 
card readers are more likely to be

[[Page 18945]]

optional features or sold separately, DOE is proposing to maintain the 
existing approach in which credit card payment mechanisms would be 
disconnected or de-energized, if possible, or in place but set to the 
lowest energy consuming state, if it cannot be de-energized, for 
testing.
    To account for the possibility that a BVM may be shipped with no 
payment mechanism in place, DOE is proposing to maintain the 0.20 kWh/
day energy use adder to represent the energy consumption of a payment 
mechanism during representative use. Based on the identified payment 
mechanism energy use data, 0.20 kWh/day is near the average energy use 
of a coin changer plus a bill validator, which DOE observed is the 
typical default payment mechanism setup. DOE is not proposing an energy 
use adder based on the most energy-consuming payment mechanisms, as 
recommended by ASAP and NRDC, to ensure that the energy consumption as 
measured from testing reflects operation during a representative 
average use cycle or period of use.
    Because the proposal to test BVMs with energized coin and bill 
payment mechanisms, when included with a BVM as shipped, would likely 
affect existing BVM energy use ratings, DOE is proposing that these 
particular amendments would not be required for use until the 
compliance date of any future amended energy conservation standards for 
BVMs, should such standards be adopted. As such, DOE has tentatively 
determined that manufacturers would not be required to re-test or re-
certify BVMs as a result of the proposed payment mechanism approach. 
DOE has also tentatively determined that manufacturers would incur no 
additional costs related to this proposal. On the compliance date of 
any amended energy conservation standards for BVMs, should such 
standards be adopted, this proposal would only require re-testing for 
any BVMs shipped with coin or bill payment mechanisms in place. For all 
other BVMs, the existing test procedure approach would remain 
unchanged.
    DOE requests comment on its proposal to require testing with coin 
and bill payment mechanisms energized, if they are included in the BVM 
as shipped. DOE requests comment on whether this approach would result 
in any additional test burden. DOE additionally requests comment on its 
proposal to require that any credit card payment mechanisms be 
disconnected or de-energized, if possible, or in place but set to the 
lowest energy consuming state, if they cannot be de-energized, for 
testing. DOE further requests information on the continued use of the 
0.20 kWh/day energy use adder for BVMs shipped with no coin or bill 
payment mechanisms in place. DOE also requests comment on the proposal 
to not require the use of these amendments until the compliance date of 
any future amended energy conservation standards for BVMs.
6. Low Power Modes
    Appendix B incorporates definitions and test requirements for two 
types of low power modes \12\ (i.e., accessory low power mode and 
refrigeration low power mode). Section 7.2.2.6.2 of ANSI/ASHRAE 
Standard 32.1-2017 requires that low power modes not be allowed to 
operate during testing.
---------------------------------------------------------------------------

    \12\ ``Low power mode'' means a state in which a beverage 
vending machine's lighting, refrigeration, and/or other energy-using 
systems are automatically adjusted (without user intervention) such 
that they consume less energy than they consume in an active vending 
environment. Section 1.2, appendix B.
---------------------------------------------------------------------------

    In the July 2015 Final Rule, DOE acknowledged that the two types of 
low power modes incorporated into the test procedure may not address 
all forms of low power modes available in the BVM market. 80 FR 45758, 
45786. DOE identified ``learning-based'' energy management controls 
that use historic sales and traffic data to predict times of high and 
low traffic; however, DOE did not propose a test procedure for such 
controls, determining that it would be difficult to develop a 
repeatable test procedure to evaluate the energy savings of such 
controls during a 24-hour test in a laboratory. Id.
    In the May 2021 RFI, DOE requested comment on the availability of 
additional low power modes, including any ``learning-based'' energy 
management controls, and on whether such modes should be included in 
the test procedure. 86 FR 27054, 27060.
    NEEA and NPCC recommended that DOE consider the energy benefits of 
``learning-based'' energy management controls and include them in the 
test procedure. NEEA and NPCC noted that while energy savings from 
these technologies is still unknown, their research shows a trend in 
this technology being implemented into BVMs. NEEA and NPCC cited claims 
that ``smart'' features can provide up to 1,600 kWh in energy savings 
per year. (NEEA and NPCC, No. 7, p. 2)
    DOE expects that the impacts of any learning-based controls would 
vary based on specific field installation and usage scenarios. DOE is 
not aware of, and interested parties have not provided, any data that 
could be used to determine the impacts of learning-based controls on 
energy use (for example, by increasing the amount of time spent in 
either accessory low power mode or refrigeration low power mode, rather 
than vending mode). DOE also tentatively maintains its prior 
determination that it would be difficult to develop a repeatable and 
reproducible test procedure to evaluate the energy savings of such 
controls during a 24-hour test in a laboratory. For these reasons, DOE 
is not proposing to account for ``learning-based'' controls in the test 
procedure at this time. DOE has tentatively determined to continue 
accounting for operation in accessory low power mode and refrigeration 
low power mode, as described in the following sections.
    DOE requests comment on its tentative determination to not account 
for learning-based controls. DOE continues to seek data and information 
on the implementation and operation of such controls for BVMs.
a. Accessory Low Power Mode
    Section 1.2 of appendix B defines accessory low power mode as a 
state in which a BVM's lighting and/or other energy-using systems are 
in low power mode, but that is not a refrigeration low power mode. 
Functions that may constitute an accessory low power mode may include, 
for example, dimming or turning off lights, but does not include 
adjustment of the refrigeration system to elevate the temperature of 
the refrigerated compartment(s). Section 2.2.4 of appendix B states 
that accessory low power mode may be engaged for the final 6 hours of 
the 24-hour test period and requires that the BVM be operated in the 
lowest energy-consuming lighting and control settings for testing this 
mode. Section 2.2.4 also requires that any automatic activation of 
refrigeration low power modes be prevented during the accessory low 
power mode test period.
    The 24-hour test procedure starts after a BVM achieves 
stabilization as determined in vending mode. See section 2.1.1.1 of 
appendix B. Because the test period ends with 6 hours of operation in 
accessory low power mode, when the mode is engaged for testing, the BVM 
would end the test in a different operating state than at the start of 
the test. Although the refrigeration system and cabinet temperatures 
would likely not change with operation in an accessory low power mode 
(because accessory low power mode does not include adjustment of the 
refrigeration system to elevate the temperature of the refrigerated 
compartment), some

[[Page 18946]]

transient recovery period may be required for a BVM to return to stable 
operation in vending mode after operating in accessory low power mode 
for 6 hours. If such a recovery period exists, testing the accessory 
low power mode during the middle of the 24-hour test period may be more 
representative by capturing any transition periods between operating 
modes.
    In the May 2021 RFI, DOE requested comment on whether BVMs require 
any recovery period following operation in accessory low power mode to 
return to stable operation in vending mode. 86 FR 27054, 27060. 
Additionally, DOE requested information on any drawbacks or potential 
test burdens that would result from testing the accessory low power 
mode during a period other than at the end of the 24-hour test period. 
Id.
    DOE did not receive comments on this topic. Through testing, DOE 
has observed that measured temperatures remain unchanged during 
operation in vending mode and accessory low power mode. The existing 
test approach also limits test burden by requiring only one operating 
mode transition during the 24-hour test period. Moving the accessory 
low power mode operating period to a period other than at the end of 
the 24-hour test period may require technicians to provide additional 
input to the unit during the test (i.e., once to enter accessory low 
power mode and again to re-enter vending mode), depending on the BVM's 
controls. For these reasons, DOE is not proposing any changes to the 
current test procedure approach of requiring accessory low power mode 
to be tested at the end of the 24-hour test period.
    In the July 2015 Final Rule, DOE stated that BVMs may employ a 
variety of control strategies and control a variety of different 
components in accessory low power mode. 80 FR 45758, 45785. DOE 
established testing under the settings representing the maximum energy 
savings to avoid potential repeatability issues associated with 
identifying test control settings for BVMs with various types of 
accessory low power modes. Id.
    In the May 2021 RFI, DOE also requested comment on the typical 
average duration a BVM operates in accessory low power mode per day, 
what control settings users apply for accessory low power mode in the 
field, and whether multiple accessory low power mode test settings may 
be appropriate for BVMs with various control settings. 86 FR 27054, 
27060.
    The CA IOUs commented that the current DOE test method (18 hours of 
normal operation and 6 hours of accessory low power mode) may not be 
fully representative of the most common locations and that DOE should 
conduct further research to verify this schedule. (CA IOUs, No. 6, p. 
3)
    DOE acknowledges that BVMs may be used in a variety of locations 
and that the actual duration of accessory low power mode use will vary 
based on installation location. In the NOPR preceding the July 2015 
Final Rule, DOE stated that the 6-hour duration was selected as a 
representative length of time for the low power mode test period based 
on the fact that it is intended to represent off hours between periods 
of vending when the facility may be closed or have low occupancy. 79 FR 
46908, 46926. While DOE recognized that there are a range of types of 
low power mode controls and time periods for which these controls are 
enabled, DOE determined that a timeframe of 6 hours was a reasonable 
representation of average field use. Id.
    DOE is not aware of data indicating that durations other than the 
currently defined 6 hours would be more representative of typical BVM 
operation in accessory low power mode. The intent of the accessory low 
power mode test period remains unchanged from the July 2015 Final Rule 
approach (i.e., representing off hours between periods of vending when 
the facility may be closed or have low occupancy). Given the lack of 
any data supporting a change to this approach, DOE is not proposing any 
changes to the 6-hour duration for accessory low power mode testing.
b. Refrigeration Low Power Mode
    Section 1.2 of appendix B defines refrigeration low power mode as a 
state in which a BVM's refrigeration system is in low power mode 
because of elevation of the temperature of the refrigerated 
compartment(s). Section 2.3.2.1 of appendix B includes provisions for 
confirming the presence of a refrigeration low power mode, either 
through an increase in average next-to-vend beverage temperature or 
lack of compressor operation. Unlike accessory low power mode, appendix 
B does not include a direct test of refrigeration low power mode. 
Instead, BVMs with refrigeration low power mode receive a 3-percent 
reduction in DEC as measured. Section 2.3.2 of appendix B.
    In the July 2015 Final Rule, DOE determined that a 3-percent energy 
reduction was more appropriate than a physical test of refrigeration 
low power mode because refrigeration low power modes are extremely 
variable in their control strategies and operation and may require 
instructions from the manufacturer to accommodate specific provisions 
of a physical test. 80 FR 45758, 45785. DOE stated that a physical test 
would reduce consistency and repeatability and would make the method 
impractical to implement. Id.
    DOE established the 3-percent credit for refrigeration low power 
mode by testing several BVMs with this mode. DOE noted in the July 2015 
Final Rule that this value is an average that is representative of the 
common types of refrigeration low power modes available in the 
marketplace. 80 FR 45758, 45786.
    In the May 2021 RFI, DOE requested comment on whether any 
amendments are needed to the definition of refrigeration low power mode 
or the corresponding refrigeration low power mode validation test 
method. 86 FR 27054, 27060. Additionally, DOE requested comment on 
whether any other BVM operating modes should be considered a 
refrigeration low power mode but cannot meet the current definition or 
validation test method (e.g., operating modes with little or no 
increase in refrigerated compartment temperature with some amount of 
compressor operation). Id.
    DOE did not receive any comment on these topics and is not 
proposing any changes to the current refrigeration low power mode and 
validation test method.
    In the May 2021 RFI, DOE also requested comment on the current 
approach of applying a 3-percent energy reduction for any BVMs with a 
refrigeration low power mode. 86 FR 27054, 27060. Specifically, DOE 
asked for comment regarding whether a physical test to account for 
energy reduction associated with the low power mode is feasible, 
whether any test method currently exists, and the burden associated 
with running such a test. Id.
    ASAP and NRDC, and the CA IOUs encouraged DOE to include a direct 
physical test instead of a fixed credit for refrigeration low power 
mode testing and to incorporate the resulting energy consumption into 
the daily energy consumption calculation. (ASAP and NRDC, No. 4, p. 1; 
CA IOUs, No. 6, p. 2) ASAP and NRDC also stated that the 3-percent 
credit may be inhibiting further improvements by failing to 
differentiate between refrigeration low power mode control strategies. 
(ASAP and NRDC, No. 4, p. 1) ASAP and NRDC stated that the accessory 
low power mode test could potentially be expanded to capture 
refrigeration low power modes, including a recovery period. (Id.) The 
CA IOUs suggested that the refrigeration low power mode test procedure 
should include an evaluation of the time and energy to return the

[[Page 18947]]

standard product to an IAT of 36 [deg]F <plus-minus> 1 [deg]F, since 
the test may cause temperatures to drift. The CA IOUs estimated that 
this would be a primarily passive test and would likely only add 30 
minutes of active work to the test method. (CA IOUs, No. 6, p. 2)
    Based on a review of operating instructions for BVMs currently 
available with refrigeration low power mode, DOE has tentatively 
determined that the challenges of implementing a refrigeration low 
power mode test would remain the same as those considered in the July 
2015 Final Rule. Specifically, DOE observed that the implementation of 
refrigeration low power mode would depend on the specific control 
parameters entered by the user or installer regarding duration, 
operating temperatures, and operation of the refrigeration system. 
Additionally, establishing a consistent, repeatable test (i.e., 
measuring refrigeration low power mode operation over a defined 
duration from initiation of the low power mode until temperature 
recovery to the specified test temperature) may require specific 
instructions from the manufacturer to modify the controls in such a way 
to accommodate the specific requirements of a physical test. Testing on 
a consistent basis would also likely require an iterative process to 
identify the appropriate test settings. Due to the difficulty of 
accounting for the wide variety of refrigeration low power modes in a 
consistent, fair, and reasonable manner, as well as the potential 
burden of any such test approach, DOE is not proposing any changes to 
the current calculation approach to account for operation in 
refrigeration low power mode.
    DOE is also not proposing any changes to the 3-percent credit as 
the energy reduction associated with refrigeration low power mode. DOE 
acknowledges that the actual energy impact of refrigeration low power 
mode would vary depending on the user-specified control parameters for 
that mode, including duration and temperature settings or refrigeration 
system control. The investigative testing used to determine the 3-
percent credit assumed 6 hours of operation in refrigeration low power 
mode, including the time needed for temperature recovery. 79 FR 46908, 
46925-46926. DOE is not proposing any changes to the 6-hour test period 
for accessory low power mode, and therefore is maintaining the estimate 
of refrigeration low power mode impact based on that same duration.
    DOE requests comment on its initial determination to maintain the 
existing calculation approach to account for operation in refrigeration 
low power mode. DOE continues to seek information and data on whether 
the assumed operating period (6 hours) and corresponding energy 
consumption impact (3 percent) are appropriate for BVMs operating in 
refrigeration low power mode.
7. Reloading and Recovery Period
    The existing DOE test procedure considers BVM performance only 
during stable operation (including any operation in accessory low power 
mode). During typical use, BVMs are regularly opened and restocked with 
warmer beverages. Accounting for BVM energy use during restocking 
periods and the subsequent product temperature recovery periods may 
better represent the actual energy use of BVMs during normal operation.
    As stated in section III.B, ANSI/ASHRAE Standard 32.1-2017 provides 
an additional recovery test to determine the temperature recovery time 
of the BVM when loaded with product at a certain temperature, whereas 
appendix B contains no such test. This recovery test does not include a 
measurement of the corresponding energy consumption. Table 2 in ANSI/
ASHRAE Standard 32.1-2017 specifies the reloaded sealed-beverage 
temperature, 90 [deg]F, and the final instantaneous average next-to-
vend beverage temperature, 40 [deg]F, for the recovery test. 
Additionally, Table 4 in ANSI/ASHRAE Standard 32.1-2017 lists the door 
open durations, between 10 and 20 minutes, required during the recovery 
test while reloading the BVM.
    In the May 2021 RFI, DOE requested comment and supporting data on 
whether BVM restocking represents a significant energy consumption for 
BVMs. 86 FR 27054, 27061. DOE also requested comment and supporting 
data regarding the applicability of the recovery test described in 
ANSI/ASHRAE Standard 32.1-2017. Id. DOE additionally requested comments 
and supporting data on the frequency and duration of door openings for 
reloading BVMs. Id.
    DOE did not receive any comments on these topics in response to the 
May 2021 RFI. Based on typical operating descriptions provided in 
vending industry websites,\13\ DOE expects that BVM restocking events 
are relatively infrequent, on the order of once per week, while the 
remainder of BVM operating time is spent in stable operation. DOE has 
tentatively determined that the current test procedure based on stable 
operation measures energy consumption during a representative average 
use cycle or period of use and is therefore not proposing any 
additional testing to account for reloading events.
---------------------------------------------------------------------------

    \13\ See blog.vendnetusa.com/how-often-should-you-restock-your-vending-machines/ and www.vendnm.com/often-restock-inspect-vending-machine/, which both refer to restocking once per week.
---------------------------------------------------------------------------

8. Alternate Refrigerants
    In an April 10, 2015 final rule, the Environmental Protection 
Agency listed propane (R-290), isobutane (R-600a), and the hydrocarbon 
blend R-441A as acceptable refrigerants for use in BVMs, subject to a 
150-gram charge limit per refrigeration circuit and other safety 
measures to address flammability. 80 FR 19454, 19491. Due to the 
flammability of these refrigerants, BVMs using hydrocarbon refrigerants 
may need to implement additional controls and components to mitigate 
the risk of ignition from any potential refrigerant leaks. The need for 
such controls also may vary depending on the intended installation 
location for BVMs.
    In the May 2021 RFI, DOE requested comment on what additional 
components and controls manufacturers may need to add to their 
equipment when designing BVMs with alternative refrigerants. 86 FR 
27054, 27061. DOE also requested comment on the typical settings used 
for such components and controls, if multiple settings are available. 
Id. DOE additionally requested comment on whether any test procedure 
modifications are necessary to account for the energy consumption 
associated with these components and controls and any corresponding 
impact on testing burden. Id.
    NAMA commented that the industry is currently partnered with Oak 
Ridge National Laboratory (``ORNL'') under a cooperative research and 
development agreement (``CRADA'') to collect information to inform how 
low global warming potential (``low-GWP'') refrigerants can be used to 
increase energy efficiency and comply with safety standards. NAMA 
stated that manufacturers and engineers at ORNL are currently focused 
on designing to protect against inadvertent leaks of flammable 
refrigerants and this technology may use a small amount of energy. 
Because of this, NAMA commented that any test procedure should not 
include the energy use of such safety measures. NAMA urged DOE to 
postpone amendments to test procedures until this research is 
concluded. (NAMA, No. 5, p. 2)
    The current BVM test procedure requires that, unless specified 
otherwise, all standard components that would be used during normal 
operation

[[Page 18948]]

of the basic model in the field and are necessary to provide sufficient 
functionality for cooling and vending products in field installations 
(i.e., product inventory, temperature management, product merchandising 
(including, e.g., lighting or signage), product selection, and product 
transport and delivery) shall be in place during testing and shall be 
set to the maximum energy-consuming setting if manually adjustable. 
Section 2.2.5 of appendix B. Appendix B further requires that 
components not necessary for the inventory, temperature management, 
product merchandising (e.g., lighting or signage), product selection, 
or product transport and delivery shall be de-energized, or if they 
cannot be de-energized without preventing the operation of the machine, 
then they shall be placed in the lowest energy consuming state. Id. Any 
components with controls that are permanently operational and cannot be 
adjusted by the machine operator shall be operated in their normal 
setting. Id.
    Leak mitigation controls are a component that may be offered on 
BVMs. To the extent that leak mitigation controls are a user 
controllable accessory (i.e., if they can be turned off), BVMs are able 
to provide product inventory, temperature management, product 
merchandising, product selection, and product transport and delivery 
without the leak mitigation controls functioning. If the leak 
mitigation controls are permanently operational and cannot be adjusted 
by the user, the controls would always be operating in their normal 
setting. Section 2.2.5 of appendix B specifies test settings for 
accessories, including those not required for normal BVM operation and 
those with permanently operational controls. Because section 2.2.5 of 
appendix B already provides accessory test instructions, DOE has 
tentatively determined that this section currently addresses the use of 
leak mitigation controls during testing, but recognizes that further 
specification may help ensure reproducible testing. DOE is therefore 
proposing to amend the test procedure to provide specific instructions 
regarding the use of leak mitigation controls consistent with the 
existing requirements in appendix B. Specifically, DOE is proposing to 
specify in newly added section 2.2.5.11 of appendix B that if the use 
of leak mitigation controls is a user-controlled function (e.g., if the 
use of the controls is optional and intended only for specific 
installations), the controls would be de-energized or in their lowest 
energy consuming state during testing. If leak mitigation controls are 
not user-controlled and are always operational, DOE is proposing that 
the controls would be operational for testing.
    DOE acknowledges that the investigative work regarding leak 
mitigation is ongoing. However, if leak mitigation controls always 
operate and cannot be de-energized by the user, accounting for the 
energy use of such controls would ensure that the DOE test procedure 
measures energy consumption during a representative average use cycle 
or period of use as required by EPCA. (42 U.S.C. 6293(b)(3))
    As discussed, the proposed instructions regarding leak mitigation 
controls are consistent with the existing requirements in section 2.2.5 
of appendix B. Therefore, DOE does not expect the proposed amendments 
to affect current BVM ratings or result in any additional testing 
costs.
    DOE requests comment on the proposed instructions regarding leak 
mitigation control settings for BVM testing. Specifically, DOE requests 
information regarding how such controls are currently or expected to be 
implemented in BVMs, including whether the controls can be controlled 
by the user.
    The CA IOUs commented to encourage the adoption of low-GWP 
alternative refrigerants in this and other relevant rulemakings, noting 
that the use of R-134a in new vending machines has been banned in 
California since January 1, 2019. The CA IOUs stated that as of June 
10, 2021, several BVM manufacturers continue to provide R-134a systems, 
but that alternate refrigeration-based BVMs are growing in market 
share. The CA IOUs urged DOE to consider refrigerant choice as an 
efficiency design option for this rulemaking. The CA IOUs also 
recommended that DOE monitor ANSI/ASHRAE Standard 15-2019 ``Safety 
Standard for Refrigeration Systems'' (``ANSI/ASHRAE 15-2019'') and UL 
Standard 541 ``Refrigerated Vending Machines'' (``UL 541'') to ensure 
that that the new test procedure will reflect the dynamic regulatory 
market around refrigerants. (CA IOUs, No. 6, p. 3)
    DOE has tentatively determined that the use of alternative 
refrigerants in BVMs does not require any specific amendments or 
instructions in the test procedure, except as noted with respect to 
leak mitigation controls. Additionally, the test procedure proposed in 
this NOPR, as well as the test procedure currently required for use, 
measures any energy efficiency benefits of alternative refrigerants. 
The use of alternative refrigerants to improve the efficiency of BVMs 
may be considered as a technology option in the analysis for any 
rulemaking to consider amended energy conservation standards for BVMs. 
DOE is monitoring ANSI/ASHRAE 15-2019 and UL 541 to determine the 
applicability of alternative refrigerants to the BVM market.
9. Connected Functions
    The current DOE test procedure for BVMs does not include specific 
test requirements regarding connected or smart features, but section 
2.2.5 of appendix B provides instructions regarding accessories. 
Section 2.2.5 of appendix B generally requires all components necessary 
to provide sufficient functionality for cooling and vending products in 
field installations (i.e., product inventory, temperature management, 
product merchandising (including, e.g., lighting or signage), product 
selection, and product transport and delivery) to be in place during 
testing and set to the maximum energy-consuming setting if manually 
adjustable. Other components not necessary for such functionality are 
de-energized or set to their lowest energy consuming state.
    In the May 2021 RFI, DOE requested comment on the prevalence of 
connected functions, the BVM functions associated with them, how often 
they are used, and their corresponding energy use impacts. 86 FR 27054, 
27061. DOE also requested comment on whether the existing DOE test 
procedure instructions for accessories in section 2.2.5 of appendix B 
adequately address test settings for connected functions. Id.
    NEEA and NPCC recommended that DOE include all energy consuming 
accessories or features in the BVM test procedure because their 
research indicates a trend in ``intelligent'' vending machines. NEEA 
and NPCC noted that these vending machines offer several additional 
features including the following: Machine/inventory management, 
flexible payment options, remote communication, Wi-Fi, phone charging, 
printing, and UV light sanitation. (NEEA and NPCC, No. 7, p. 2,3)
    ASAP and NRDC commented that the existing DOE test provisions 
regarding de-energizing non-essential accessories may affect connected 
functions that impact the overall energy use of a BVM, and encouraged 
DOE to investigate and capture the energy consumption associated with 
the connected functions that would normally be de-energized during 
testing. (ASAP and NRDC, No. 4, p. 3)
    Based on a review of BVMs available on the market, the types of 
connected

[[Page 18949]]

functions identified in the NEEA and NPCC comment do not appear to be 
common. Additionally, DOE lacks information on how frequently such 
functions would be used on BVMs with such functions. Without this data, 
DOE has no information to suggest that the current testing approach 
would produce results that are unrepresentative of an average use cycle 
or period of use. DOE therefore is not proposing any changes to the 
current test procedure approach in section 2.2.5 of appendix B as 
applicable to connected functions. As described, this approach requires 
testing with connected functions energized if they are necessary to 
provide sufficient functionality for cooling and vending products in 
field installations. Connected functions that are not necessary to 
provide sufficient functionality for cooling and vending products in 
field installations are de-energized or placed in the lowest energy 
consuming state.
    DOE requests comment on its tentative determination to maintain the 
existing test procedure approach in section 2.2.5 of appendix B as 
applicable to connected functions. DOE continues to request information 
and data on the prevalence of connected functions, the BVM functions 
associated with them, how often they are used, and their corresponding 
energy use impacts.
10. Condenser Conditions
    In response to the May 2021 RFI, CoilPod commented that condenser 
coils become clogged in service, significantly impacting energy 
efficiency, and that the test procedure does not account for such coil 
fouling. CoilPod questioned whether it would be possible for the test 
procedure to account for the lack of coil cleanings by BVM owners. 
CoilPod stated that energy savings of approximately 20 percent could 
result from coil cleaning units. (CoilPod, No. 3, p. 1)
    DOE acknowledges that the energy consumption of BVMs can change 
over the lifetime of the equipment due to lack of maintenance or other 
factors. However, the DOE test procedure considers the performance of 
new BVMs without considering any potential long-term performance of the 
unit. Regarding the specific topic of condenser coil fouling, the end 
user is responsible for properly maintaining the BVM, including any 
condenser cleaning. Accordingly, DOE is not proposing to amend its test 
procedure to account for operation with clogged condensers.
    While DOE does not account for lifetime energy consumption in its 
test procedures, it does consider energy consumption over the lifetime 
of the equipment in the analysis conducted in support of developing 
potential amended energy conservation standards. In such an analysis, 
DOE may apply adjustment factors to consider performance degradation 
over time.
    DOE requests any additional information and data on how BVM energy 
consumption may change over the lifetime of the equipment. DOE also 
requests comment on whether any performance degradation occurs 
consistently for all BVMs, or whether the impacts vary depending on 
equipment type or specific equipment designs.
11. Removal of Obsolete Provisions
    As discussed in section I.B, appendix B is required for testing 
BVMs manufactured on or after January 8, 2019. As such, appendix A is 
now obsolete for new units being manufactured. Therefore, DOE is 
proposing to remove appendix A. DOE is not proposing to redesignate 
appendix B as appendix A in order to avoid confusion regarding the 
appropriate version of the test procedure required for use.
    Additionally, the introductory note to appendix B currently 
explains when manufacturers are required to use either appendix A or 
appendix B for compliance with energy conservation standards and 
representations of energy use. DOE is proposing to amend the 
introductory note to remove the obsolete instructions and to instead 
provide clarifying language regarding application of the payment 
mechanism provisions, as discussed in section III.C.5 of this document.

D. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this NOPR, DOE proposes to amend the existing test procedure for 
BVMs by referencing the most recent industry test standard, providing 
setup instructions for non-beverage shelves, updating the LAPT 
definition and instructions, requiring testing of coin and bill payment 
mechanisms if shipped with the BVM (but not until the compliance date 
of any amended energy conservation standards), specifying setup 
instructions for leak mitigation controls, and removing the obsolete 
appendix A. DOE has tentatively determined that these proposed 
amendments would not impact testing costs.
    Other than the proposed amendment to measure coin and bill payment 
mechanisms, the proposals in this NOPR are generally consistent with 
the requirements under the existing DOE test procedure. The proposed 
amendments harmonize with the industry standard or provide additional 
test instructions, but do not substantively change testing as currently 
required in appendix B. Accordingly, DOE has tentatively determined 
that manufacturers would be able to rely on data generated under the 
current test procedure should any of these additional proposed 
amendments be finalized, and would not incur additional costs as a 
result of the amended test procedure.
    Regarding the proposal to test with coin and bill payment 
mechanisms energized, DOE does not expect this proposal to impact 
testing costs until the compliance date of any amended energy 
conservation standards for BVMs, should such standards be adopted. At 
that time, the proposal would only require re-testing for any BVMs 
shipped with coin or bill payment mechanisms in place. For all other 
BVMs, the existing test procedure approach would remain unchanged. For 
any BVMs requiring re-testing upon the compliance date of any amended 
energy conservation standards for BVMs, DOE estimates re-testing costs 
of approximately $8,300 per basic model.\14\
---------------------------------------------------------------------------

    \14\ DOE estimates that the BVM per-test cost is approximately 
$4,150, which includes the testing costs associated with running the 
low-power mode tests (e.g., running the low power mode test with the 
optional refrigeration low power mode verification). For each 
certified basic model, DOE requires a sample size of two units 
($4,150 x 2 = $8,300).
---------------------------------------------------------------------------

    DOE requests comment on the tentative determination that 
manufacturers would not incur any additional costs as a result of the 
proposed amended test procedure. DOE also requests comment on its 
estimate of per-test costs, should manufacturers re-test their BVM 
basic models to comply with any future amended BVM energy conservation 
standards.
    In response to the May 2021 RFI, NAMA commented to express concern 
over ongoing business interruptions and economic hardships caused by 
the COVID-19 pandemic. NAMA stated that amending test procedures at 
this time would place an undue burden on the industry and urged DOE to 
postpone amending test procedures. (NAMA, No. 5, p. 1, 2)
    As discussed, the proposed amendments would improve the clarity of 
the DOE test procedure while not substantively changing the existing 
test approach and the proposal to test with any coin and bill payment 
mechanisms energized would not be required for use

[[Page 18950]]

until the compliance date of any amended energy conservation standards 
for BVMs, should such standards be adopted. As a result, DOE has 
tentatively determined that the proposed amendments would not result in 
any additional costs for manufacturers and manufacturers would be able 
to rely on data generated under the current test procedure for BVMs 
already available on the market, until the compliance date of any 
amended energy conservation standards at which time any BVMs shipped 
with coin and bill payment mechanisms in place would be required to re-
test.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle or period of use. 10 CFR 431.4; Section 8(c) of 
appendix A of 10 CFR part 430 subpart C. In cases where the industry 
standard does not meet EPCA statutory criteria for test procedures DOE 
will make modifications through the rulemaking process to these 
standards as the DOE test procedure.
    As discussed, the test procedure at appendix B incorporates by 
reference ANSI/ASHRAE Standard 32.1-2010. This standard provides 
definitions, test conditions, and test methods for measuring 
refrigerated volume and energy consumption of BVMs. The industry 
standards that DOE proposes to incorporate by reference via amendments 
described in this notice are discussed in further detail in section 
IV.M of this document. DOE requests comments on the benefits and 
burdens of the proposed updates and additions to industry standards 
referenced in the test procedure for BVMs.
    DOE notes that the BVM test procedure at appendix B includes a 
number of deviations to ANSI/ASHRAE Standard 32.1-2010. Specifically, 
appendix B only refers to certain sections of ANSI/ASHRAE Standard 
32.1-2010, includes additional definitions, provides detailed setup and 
settings instructions, accounts for operation in low power modes and 
payment mechanism energy consumption, and provides rounding 
instructions. These deviations were established to limit test burden 
(i.e., by not requiring additional testing as specified in ANSI/ASHRAE 
Standard 32.1-2010), improve representativeness, and improve 
repeatability and reproducibility of the DOE test procedure as compared 
to the procedure in ANSI/ASHRAE Standard 32.1-2010. As discussed in 
sections III.B and III.C of this NOPR, DOE is proposing to incorporate 
by reference the most recent version of the industry standard, ANSI/
ASHRAE Standard 32.1-2017. This version of the standard addresses 
certain deviations between appendix B and ANSI/ASHRAE Standard 32.1-
2010. For other deviations not addressed in ANSI/ASHRAE Standard 32.1-
2017, DOE has tentatively determined that the existing deviations in 
appendix B are necessary and appropriate.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, OIRA has 
emphasized that such techniques may include identifying changing future 
compliance costs that might result from technological innovation or 
anticipated behavioral changes. For the reasons stated in the preamble, 
this proposed regulatory action is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to the Office of Information and 
Regulatory Affairs (``OIRA'') for review. OIRA has determined that this 
proposed regulatory action does not constitute a ``significant 
regulatory action'' under section 3(f) of E.O. 12866. Accordingly, this 
action was not submitted to OIRA for review under E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: energy.gov/gc/office-general-counsel.
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE certifies that the proposed rule, if adopted, 
would not have significant economic impact on a substantial number of 
small entities. The factual basis of this certification is set forth in 
the following paragraphs.
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A))

[[Page 18951]]

Standby mode and off mode energy consumption must be incorporated into 
the overall energy efficiency, energy consumption, or other energy 
descriptor for each covered product unless the current test procedures 
already account for and incorporate standby and off mode energy 
consumption or such integration is technically infeasible. If an 
integrated test procedure is technically infeasible, DOE must prescribe 
a separate standby mode and off mode energy use test procedure for the 
covered product, if technically feasible. (42 U.S.C. 
6295(gg)(2)(A)(ii)) Any such amendment must consider the most current 
versions of the International Electrotechnical Commission (``IEC'') 
Standard 62301 \15\ and IEC Standard 62087 \16\ as applicable. (42 
U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------

    \15\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \16\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
---------------------------------------------------------------------------

    With respect to Refrigerated Bottled or Canned Beverage Vending 
Machines (``BVMs''), EPCA requires the test procedure to be based on 
the 2004 version of ANSI/ASHRAE Standard 32.1, ``Methods of Testing for 
Rating Vending Machines for Bottled, Canned or Other Sealed 
Beverages.'' (42 U.S.C. 6293(b)(15))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including BVMs, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not be 
unduly burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle. (42 U.S.C. 
6293(b)(1)(A))
    DOE is publishing this proposed rulemaking in satisfaction of the 
7-year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
    In this NOPR, DOE proposes to update 10 CFR 431.294, ``Uniform test 
method for the measurement of energy consumption of refrigerated 
bottled or canned beverage vending machines,'' as follows:
    (1) Incorporate by reference the current industry standard ANSI/
ASHRAE Standard 32.1-2017.
    (2) Incorporate by reference the industry standard ANSI/AHAM 
HRF-1-2008 referenced in ANSI/ASHRAE Standard 32.1-2017.
    (3) Maintain the existing DOE test procedure requirements that 
are not included in ANSI/ASHRAE Standard 32.1-2017.
    (4) Provide setup instructions for non-beverage shelves in 
refrigerated compartments.
    (5) Amend the definition of LAPT to allow for testing BVMs only 
capable of operating at temperatures below the specified test 
temperature.
    (6) Require testing of coin and bill payment mechanisms if 
shipped with the BVM (but not until the compliance date of any 
amended energy conservation standards).
    (7) Specify setup instructions for leak mitigation controls 
consistent with the existing test procedure instructions.
    (8) Remove the obsolete test procedure in appendix A.

    For manufacturers of BVMs, the Small Business Administration 
(``SBA'') has set a size threshold, which defines those entities 
classified as ``small businesses'' for the purposes of the statute. DOE 
used the SBA's small business size standards to determine whether any 
small entities would be subject to the requirements of the rule. See 13 
CFR part 121. The equipment covered by this rule is classified under 
North American Industry Classification System (``NAICS'') code 
333318,\17\ ``Other Commercial and Service Industry Machinery 
Manufacturing.'' The SBA sets a threshold of 1,000 employees or less 
for an entity to be considered as a small business for this category.
---------------------------------------------------------------------------

    \17\ The size standards are listed by NAICS code and industry 
description and are available at: www.sba.gov/document/support--table-size-standards (Last accessed on December 22, 2021).
---------------------------------------------------------------------------

    DOE reviewed its Compliance Certification Database (``CCD'') \18\ 
and California Energy Commission's Modernized Appliance Efficiency 
Database System (``MAEDbS'') \19\ to create a list of companies that 
import, private label, produce or manufacture the products covered by 
this rulemaking. DOE relied on public data and subscription-based 
market research tools (e.g., reports from Dun & Bradstreet \20\) to 
determine company location, headcount, and annual revenue. DOE screened 
out companies that do not offer BVMs covered by this proposed 
rulemaking, do not meet the SBA's definition of a ``small business,'' 
or are foreign-owned and operated.
---------------------------------------------------------------------------

    \18\ U.S. Department of Energy's Compliance Certification 
Database, available at: www.regulations.doe.gov/certification-data 
(last accessed December 16, 2021).
    \19\ California Energy Commission's Modernized Appliance 
Efficiency Database System, available at: 
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx 
(last access December 16, 2021).
    \20\ The Dun & Bradstreet Hoovers subscription login is 
available online at app.dnbhoovers.com/
---------------------------------------------------------------------------

    DOE identified six original equipment manufacturers (``OEMs'') of 
BVMs sold in the United States. Of the six OEMs identified, three OEMs 
meet the SBA definition of a ``small business'' and are not foreign-
owned or operated.
    In this NOPR, DOE proposes to amend the existing test procedure for 
BVMs by referencing the most recent industry test standard, providing 
setup instructions for non-beverage shelves, updating the LAPT 
definition and instructions, requiring testing of coin and bill payment 
mechanisms if shipped with the BVM (but not until the compliance date 
of any amended energy conservation standards), specifying setup 
instructions for leak mitigation controls, and removing the obsolete 
appendix A. DOE has tentatively determined that these proposed 
amendments would not impact testing costs.
    Other than the proposed amendment to measure coin and bill payment 
mechanisms, the proposals in this NOPR are generally consistent with 
the requirements under the existing DOE test procedure. The proposed 
amendments harmonize with the industry standard or provide additional 
test instructions, but do not substantively change testing as currently 
required in appendix B. Accordingly, DOE has tentatively determined 
that manufacturers would be able to rely on data generated under the 
current test procedure should any of these additional proposed 
amendments be finalized, and would not incur additional costs as a 
result of the amended test procedure.
    Regarding the proposal to test with coin and bill payment 
mechanisms energized, DOE does not expect this proposal to impact 
testing costs until the compliance date of amended energy conservation 
standards for BVMs, should such standards be adopted. At that time, the 
proposal would require re-testing for BVMs shipped with coin or bill 
payment mechanisms in place. DOE estimates that the cost for third-
party lab testing is approximately $8,300 per basic model. For all 
other BVMs, the existing test procedure approach would remain 
unchanged.
    Although the re-testing of BVMs shipped with coin or bill payment 
mechanisms is not required at this time, DOE developed cost estimates 
for the three small BVM manufacturers,\21\ should amended energy 
conservation standards be adopted in the future. For its analysis, DOE 
assumed that all the unique basic models identified in CCD and MAEDbS 
have coin or bill payment mechanisms and would need to be re-

[[Page 18952]]

tested. Additionally, DOE's cost estimate of $8,300 per basic model 
includes the testing costs associated with running all the optional 
tests (e.g., running the low power mode test with the optional 
refrigeration low power mode verification). DOE used these conservative 
assumptions in its analysis to avoid underestimating the potential test 
burden on small BVM manufacturers.
---------------------------------------------------------------------------

    \21\ ``Small BVM manufacturers'' refers to the ``small 
business'' OEMs identified as the small entities that would be 
subject to this proposal, consistent with DOE's policies and 
procedures. See 68 FR 7990.
---------------------------------------------------------------------------

    The three small BVM manufacturers, on average, offer 10 unique 
basic models and have an average annual revenue of approximately $39.3 
million.\22\ DOE estimates that the average cost for a small BVM 
manufacturer to re-test all of their BVM basic models would be less 
than one percent of their annual revenue. The small BVM manufacturer 
with the highest expected test burden offers 19 BVM models and has an 
annual revenue of $19.0 million. DOE estimates their re-testing costs 
could reach $157,700,\23\ which represents approximately 0.8 percent of 
their annual revenue.
---------------------------------------------------------------------------

    \22\ DOE relied on the estimated annual revenue figures from Dun 
and Bradstreet to determine the annual revenue of the three small 
BVM manufacturers. (The D&B login is accessible at: 
app.dnbhoovers.com/)
    \23\ Testing costs of $8,300 per basic model for 19 BVM models 
($8,300 x 19 = $157,700).
---------------------------------------------------------------------------

    DOE has tentatively determined that the proposed amendments in this 
NOPR would result in minimal cost impacts for small BVM manufacturers. 
Furthermore, these minimal re-testing costs would not be incurred 
unless and until amended energy conservation standards for BVMs are 
adopted and would only apply to BVM basic models shipped with coin or 
bill payment mechanisms in place. Therefore, DOE initially concludes 
that the impacts of the proposed test procedure amendments proposed in 
this NOPR would not have a ``significant economic impact on a 
substantial number of small entities,'' and that the preparation of an 
IRFA is not warranted. DOE will transmit the certification and 
supporting statement of factual basis to the Chief Counsel for Advocacy 
of the Small Business Administration for review under 5 U.S.C. 605(b).
    DOE requests comment on the number of small BVM manufacturers and 
the cost impacts of this proposed rule on those small manufacturers.

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of BVMs must certify to DOE that their products 
comply with any applicable energy conservation standards. To certify 
compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including BVMs. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for the certification and recordkeeping is subject to review and 
approval by OMB under the Paperwork Reduction Act (``PRA''). This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. DOE is not proposing to amend the 
certification and recordkeeping requirements for BVMs.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this NOPR, DOE proposes test procedure amendments that it 
expects will be used to develop and implement future energy 
conservation standards for the BVM test procedure, ``Uniform Test 
Method for the Measurement of Energy Consumption of Refrigerated 
Bottled or Canned Vending Machines''. 10 CFR 431.294. DOE has 
determined that this proposed rule falls into a class of actions that 
are categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, DOE has determined that 
adopting test procedures for measuring energy efficiency of consumer 
products and industrial equipment is consistent with activities 
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to

[[Page 18953]]

determine whether they are met or it is unreasonable to meet one or 
more of them. DOE has completed the required review and determined 
that, to the extent permitted by law, the proposed rule meets the 
relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at energy.gov/gc/office-general-counsel. DOE examined this proposed 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to amend the test procedure for 
measuring the energy efficiency of BVMs is not a significant regulatory 
action under Executive Order 12866. Moreover, it would not have a 
significant adverse effect on the supply, distribution, or use of 
energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The proposed modifications to the test procedure for BVMs would 
incorporate testing methods contained in certain sections of the 
following commercial standards: ANSI/ASHRAE Standard 32.1-2017. DOE has 
evaluated these standards and is unable to conclude whether they fully 
comply with the requirements of section 32(b) of the FEAA (i.e., 
whether it was developed in a manner that fully provides for public 
participation, comment, and review.) DOE will consult with both the 
Attorney General and the Chairman of the FTC concerning the impact of 
these test procedures on competition, prior to prescribing a final 
rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the 2017 
test standard published by ANSI/ASHRAE, titled ``Methods of Testing for 
Rating Refrigerated Vending Machines for Sealed Beverages.'' ANSI/
ASHRAE Standard 32.1-2017 is an industry-accepted test procedure that 
measures capacity and efficiency of BVMs. The test procedure proposed 
in this NOPR references various sections of ANSI/ASHRAE Standard 32.1-
2017 that address definitions, test setup,

[[Page 18954]]

instrumentation, test conduct, and calculations. ANSI/ASHRAE Standard 
32.1-2017 is readily available at ANSI's website at webstore.ansi.org.
    DOE also proposes to incorporate by reference the 2008 test 
standard published by ANSI/AHAM, titled ``Energy And Internal Volume Of 
Refrigerating Appliances.'' ANSI/AHAM HRF-1-2008 is referenced by ANSI/
ASHRAE Standard 32.1-2017 as the industry-accepted method for 
determining refrigerated volume for BVMs. By reference to ANSI/ASHRAE 
Standard 32.1-2017, the test procedure proposed in this NOPR refers 
only to the refrigerated volume section of ANSI/AHAM HRF-1-2008. ANSI/
AHAM HRF-1-2008 can be purchased at webstore.ansi.org/standards/aham/ahamhrf2008.

V. Public Participation

A. Participation in the Webinar

    The time and date for the webinar meeting are listed in the DATES 
section at the beginning of this document. Webinar registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published at 
www.regulations.gov/docket/EERE-2021-BT-TP-0007. Participants are 
responsible for ensuring their systems are compatible with the webinar 
software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
document, or who is representative of a group or class of persons that 
has an interest in these issues, may request an opportunity to make an 
oral presentation at the webinar. Such persons may submit to 
<a href="/cdn-cgi/l/email-protection#0e4f7e7e62676f606d6b5d7a6f606a6f7c6a7d5f7b6b7d7a6761607d4e6b6b206a616b20696178"><span class="__cf_email__" data-cfemail="a3e2d3d3cfcac2cdc0c6f0d7c2cdc7c2d1c7d0f2d6c6d0d7cacccdd0e3c6c68dc7ccc68dc4ccd5">[email protected]</span></a>. Persons who wish to speak 
should include with their request a computer file in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format that briefly describes 
the nature of their interest in this proposed rulemaking and the topics 
they wish to discuss. Such persons should also provide a daytime 
telephone number where they can be reached.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar/public 
meeting and may also use a professional facilitator to aid discussion. 
The meeting will not be a judicial or evidentiary-type public hearing, 
but DOE will conduct it in accordance with section 336 of EPCA (42 
U.S.C. 6306). A court reporter will be present to record the 
proceedings and prepare a transcript. DOE reserves the right to 
schedule the order of presentations and to establish the procedures 
governing the conduct of the webinar/public meeting. There shall not be 
discussion of proprietary information, costs or prices, market share, 
or other commercial matters regulated by U.S. anti-trust laws. After 
the webinar/public meeting and until the end of the comment period, 
interested parties may submit further comments on the proceedings and 
any aspect of the proposed rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will present a general overview of the topics addressed in this 
proposed rulemaking, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this proposed rulemaking. Each participant will be 
allowed to make a general statement (within time limits determined by 
DOE), before the discussion of specific topics. DOE will permit, as 
time permits, other participants to comment briefly on any general 
statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this proposed 
rulemaking. The official conducting the webinar/public meeting will 
accept additional comments or questions from those attending, as time 
permits. The presiding official will announce any further procedural 
rules or modification of the above procedures that may be needed for 
the proper conduct of the webinar/public meeting.
    A transcript of the webinar will be included in the docket, which 
can be viewed as described in the Docket section at the beginning of 
this document. In addition, any person may buy a copy of the transcript 
from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule.\24\ Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
---------------------------------------------------------------------------

    \24\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and 
Executive Order 12889, ``Implementation of the North American Free 
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 
2020, the Agreement between the United States of America, the United 
Mexican States, and the United Canadian States (``USMCA''), Nov. 30, 
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect, 
and Congress's action in replacing NAFTA through the USMCA 
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the 
repeal of E.O. 12889 and its 75-day comment period requirement for 
technical regulations. Thus, the controlling laws are EPCA and the 
USMCA Implementation Act. Consistent with EPCA's public comment 
period requirements for consumer products, the USMCA only requires a 
minimum comment period of 60 days. Consequently, DOE now provides a 
60-day public comment period for test procedure NOPRs.
---------------------------------------------------------------------------

    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before

[[Page 18955]]

posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to www.regulations.gov. If you do not want 
your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information on a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. The cover letter will not be publicly viewable as long as it 
does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. No faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, or text (ASCII) file format. Provide documents that are not 
secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: One copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests comment on its proposal to incorporate by 
reference the most current industry test standard, ANSI/ASHRAE Standard 
32.1-2017, including the updated reference to ANSI/AHAM HRF-1-2008 for 
measuring refrigerated volume. Specifically, DOE requests comment on 
whether the proposed amendments would affect BVM ratings as measured 
under the existing test procedure or whether they would impact test 
burden.
    (2) DOE continues to request information on typical loads for non-
refrigerated compartments in combination BVMs and, if DOE were to 
require such loads for testing, the potential impacts on combination 
BVM energy consumption and test burden.
    (3) DOE requests comment on the proposal to specify that non-
beverage merchandise shelves not be loaded for testing BVMs. DOE seeks 
information on how such models are currently tested and on whether this 
proposal would impact current BVM ratings or test burden.
    (4) DOE requests comment on its initial determination to maintain 
the existing LAPT approach for units that operate only at temperatures 
above the IAT of 36 [deg]F <plus-minus> 1 [deg]F. DOE requests comment 
on its proposal to require testing at the highest integrated average 
temperature a given basic model is capable of maintaining for units 
that are only capable of operating at temperatures below the specified 
IAT of 36 [deg]F <plus-minus> 1 [deg]F.
    (5) DOE requests comment on its proposal to require testing with 
coin and bill payment mechanisms energized, if they are included in the 
BVM as shipped. DOE requests comment on whether this approach would 
result in any additional test burden. DOE additionally requests comment 
on its proposal to require that any credit card payment mechanisms be 
disconnected or de-energized, if possible, or in place but set to the 
lowest energy consuming state, if they cannot be de-energized, for 
testing. DOE further requests information on the continued use of the 
0.20 kWh/day energy use adder for BVMs shipped with no coin or bill 
payment mechanisms in place. DOE also requests comment on the proposal 
to not require the use of these amendments until the compliance date of 
any future amended energy conservation standards for BVMs.
    (6) DOE requests comment on its tentative determination to not 
account for learning-based controls. DOE continues to seek data and 
information on the implementation and operation of such controls for 
BVMs.
    (7) DOE requests comment on its initial determination to maintain 
the existing calculation approach to account for operation in 
refrigeration low power mode. DOE continues to seek information and 
data on whether the assumed operating period (6 hours) and 
corresponding energy consumption impact (3 percent) are appropriate for 
BVMs operating in refrigeration low power mode.
    (8) DOE requests comment on the proposed instructions regarding 
leak mitigation control settings for BVM testing. Specifically, DOE 
requests information regarding how such controls are currently or 
expected to be implemented in BVMs, including whether the controls can 
be controlled by the user.
    (9) DOE requests comment on its tentative determination to maintain 
the existing test procedure approach in section 2.2.5 of appendix B as 
applicable to connected functions. DOE continues to request information 
and data on the prevalence of connected functions, the BVM functions 
associated with them, how often they are used, and their corresponding 
energy use impacts.
    (10) DOE requests any additional information and data on how BVM 
energy consumption may change over the lifetime of the equipment. DOE 
also requests comment on whether any performance degradation occurs 
consistently for all BVMs, or whether the impacts vary depending on 
equipment type or specific equipment designs.
    (11) DOE requests comment on the tentative determination that 
manufacturers would not incur any additional costs as a result of the 
proposed amended test procedure. DOE also requests comment on its 
estimate of per-test costs, should manufacturers re-test their BVM 
basic models to comply with any future amended BVM energy conservation 
standards.
    (12) DOE requests comment on the number of small BVM manufacturers 
and the cost impacts of this proposed rule on those small 
manufacturers.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed

[[Page 18956]]

rulemaking and announcement of public meeting.

List of Subjects in 10 CFR Part 431

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

Signing Authority

    This document of the Department of Energy was signed on March 17, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on March 18, 2022.
Treena V. Garrett
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 431 of Chapter II of Title 10, Code of Federal Regulations as set 
forth below:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
2. Section 431.292 is amended by revising the definition for ``V'' to 
read as follows:
* * * * *
    V means the refrigerated volume (ft\3\) of the refrigerated bottled 
or canned beverage vending machine, as measured by Appendix C of ANSI/
ASHRAE 32.1, including the referenced methodology in AHAM HREF-1-2008 
(both incorporated by reference, see Sec.  431.293).
0
3. Section 431.293 is revised to read as follows:


Sec.  431.293  Materials incorporated by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, DOE must publish a document in the 
Federal Register and the material must be available to the public. All 
approved material is available for inspection at DOE, and at the 
National Archives and Records Administration (NARA). Contact DOE at: 
The U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, Building Technologies Program, Sixth Floor, 950 
L'Enfant Plaza SW, Washington, DC 20024, (202) 586-9127, 
<a href="/cdn-cgi/l/email-protection#f0b285999c94999e9783b09595de949f95de979f86"><span class="__cf_email__" data-cfemail="410334282d25282f26320124246f252e246f262e37">[email protected]</span></a>, https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this 
material at NARA, email: <a href="/cdn-cgi/l/email-protection#fc9a8ed295928f8c999f88959392bc929d8e9dd29b938a"><span class="__cf_email__" data-cfemail="3355411d5a5d40435650475a5c5d735d5241521d545c45">[email protected]</span></a>, or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section.
    (b) ASHRAE. American Society of Heating, Refrigerating and Air-
Conditioning Engineers, 1791 Tullie Circle NE, Atlanta, GA 30329; (404) 
636-8400; www.ashrae.org.
    (1) ANSI/ASHRAE Standard 32.1-2017, (``ANSI/ASHRAE 32.1''), 
``Methods of Testing for Rating Refrigerated Vending Machines for 
Sealed Beverages,'' approved February 2, 2017, IBR approved for Sec.  
431.292 and appendix B to this subpart.
    (2) [Reserved]
    (c) AHAM. Association of Home Appliance Manufacturers, 1111 19th 
Street NW, Suite 402, Washington, DC 20036; (202) 872-5955; 
www.aham.org.
    (1) AHAM HRF-1-2008 (``HRF-1-2008''), ``Energy and Internal Volume 
of Refrigerating Appliances,'' including Errata to Energy and Internal 
Volume of Refrigerating Appliances, Correction Sheet issued November 
17, 2009, IBR approved for Sec.  431.292 and appendix B to this 
subpart.
    (2) [Reserved]
    (d) ASTM. ASTM International, 100 Barr Harbor Drive, P.O. Box C700, 
West Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org.
    (1) ASTM E1084-86 (Reapproved 2009), ``Standard Test Method for 
Solar Transmittance (Terrestrial) of Sheet Materials Using Sunlight,'' 
approved April 1, 2009, IBR approved for Sec.  431.292.
    (2) [Reserved]

Appendix A to Subpart Q of Part 431 [Removed and Reserved]

0
4. Remove and reserve appendix A to subpart Q of part 431.
0
5. Appendix B to subpart Q of part 431 is revised to read as follows:

Appendix B to Subpart Q of Part 431--Uniform Test Method for the 
Measurement of Energy Consumption of Refrigerated Bottled or Canned 
Beverage Vending Machines

    Note: Any representations made with respect to energy use or 
efficiency to demonstrate compliance with the energy conservation 
standards at 10 CFR 431.296, for which compliance was required as of 
January 8, 2019 must be made in accordance with the results of 
testing pursuant to this appendix using the payment mechanism 
testing requirements specified in section 2.2.5.1(a) of this 
appendix. Any representations made on or after the compliance date 
of any amended energy conservation standards, must be made in 
accordance with the results of testing pursuant to this appendix and 
must use the payment mechanism testing requirements specified in 
section 2.2.5.1(b) of this appendix.

    0. Incorporation by reference.
    DOE incorporated by reference in Sec.  431.293 the entire 
standard for AHAM HRF-1-2008 and ANSI/ASHRAE 32.1; however, only 
enumerated provisions of those documents are applicable to this 
appendix as follows:

0.1. AHAM HRF-1-2008

    (i) Section 4, ``Method for Computing Refrigerated Volume of 
Refrigerators and Wine Chillers,'' as referenced in section 3.1 of 
this appendix.

0.2. ANSI/ASHRAE 32.1

    (i) Section 3 ``Definitions'' as referenced in section 1 of this 
appendix.
    (ii) Section 4 ``Instruments'' as referenced in section 2 of 
this appendix.
    (iii) Section 5 ``Vending Machine Capacity'' and Normative 
Appendix C ``Measurement of Volume'' as referenced in sections 2 and 
3.1 of this appendix.
    (iv) Section 6 ``Test Conditions'' as referenced in section 2 of 
this appendix.
    (v) Section 7.1 ``Test Procedures--General Requirements'' 
(except Section 7.1.2 ``Functionality'' and Section 7.1.5.1 
``Beverage Temperature Test Packages'') and Section 7.2 ``Energy 
Consumption Test'' (except Section 7.2.2.6) as referenced in section 
2 of this appendix.
    1. General. In cases where there is a conflict, the language of 
the test procedure in this appendix takes precedence over ANSI/
ASHRAE 32.1.
    1.1. Definitions. In addition to the definitions specified in 
Section 3, ``Definitions,'' of ANSI/ASHRAE 32.1 the following 
definitions are also applicable to this appendix.
    Accessory low power mode means a state in which a beverage 
vending machine's lighting and/or other energy-using systems are in 
low power mode, but that is not a refrigeration low power mode. 
Functions that

[[Page 18957]]

may constitute an accessory low power mode may include, for example, 
dimming or turning off lights, but does not include adjustment of 
the refrigeration system to elevate the temperature of the 
refrigerated compartment(s).
    External accessory standby mode means the mode of operation in 
which any external, integral customer display signs, lighting, or 
digital screens are connected to mains power; do not produce the 
intended illumination, display, or interaction functionality; and 
can be switched into another mode automatically with only a remote 
user-generated or an internal signal.
    Low power mode means a state in which a beverage vending 
machine's lighting, refrigeration, and/or other energy-using systems 
are automatically adjusted (without user intervention) such that 
they consume less energy than they consume in an active vending 
environment.
    Lowest application product temperature means either:
    (a) For units that operate only at temperatures above the 
integrated average temperature specified in Table 1 of ANSI/ASHRAE 
32.1, the lowest integrated average temperature a given basic model 
is capable of maintaining so as to comply with the temperature 
stabilization requirements specified in Section 7.2.2.2 of ANSI/
ASHRAE 32.1; or
    (b) For units that operate only at temperatures below the 
integrated average temperature specified in Table 1 of ANSI/ASHRAE 
32.1, the highest integrated average temperature a given basic model 
is capable of maintaining so as to comply with the temperature 
stabilization requirements specified in Section 7.2.2.2 of ANSI/
ASHRAE Standard 32.1.
    Refrigeration low power mode means a state in which a beverage 
vending machine's refrigeration system is in low power mode because 
of elevation of the temperature of the refrigerated compartment(s). 
To qualify as low power mode, the unit must satisfy the requirements 
described in section 2.3.2.1 of this appendix.
    2. Test Procedure. Conduct testing according to Section 4, 
``Instruments''; Section 5, ``Vendible Capacity''; Section 6, ``Test 
Conditions''; Section 7.1, ``Test Procedures--General Requirements'' 
(except Section 7.1.2 ``Functionality'' and Section 7.1.5.1 
``Beverage Temperature Test Packages''); and Section 7.2, ``Energy 
Consumption Test'' (except Section 7.2.2.6) of ANSI/ASHRAE 32.1, 
except as described in the following sections.
    2.1. Lowest Application Product Temperature. If a refrigerated 
bottled or canned beverage vending machine is not capable of 
maintaining an integrated average temperature of 36 [deg]F (<plus-
minus>1 [deg]F) during the 24 hour test period, the unit must be 
tested at the lowest application product temperature, as defined in 
section 1.1 of this appendix.
    2.2. Equipment Installation and Test Set Up. Except as provided 
in this section 2.2 of this appendix, the test procedure for energy 
consumption of refrigerated bottled or canned beverage vending 
machines shall be conducted in accordance with the methods specified 
in Sections 7.1 through 7.2.2.7 under ``Test Procedures'' of ANSI/
ASHRAE 32.1.
    2.2.1. Equipment Loading. Configure refrigerated bottled or 
canned beverage vending machines to hold the maximum number of 
standard products.
    2.2.1.1. Non-Beverage Shelves. Any shelves within the 
refrigerated compartment(s) intended only for non-beverage 
merchandise shall not be loaded for testing.
    2.2.1.2. Standard Products. The standard product shall be 
standard 12-ounce aluminum beverage cans filled with a liquid with a 
density of 1.0 grams per milliliter (g/mL) <plus-minus>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 <plus-minus>0.1 g/mL at 36 [deg]F. 
For product storage racks that are not capable of vending 12-ounce 
cans or 20-ounce bottles, the standard product shall be the 
packaging and contents specified by the manufacturer in product 
literature as the standard product (i.e., the specific merchandise 
the refrigerated bottled or canned beverage vending machine is 
designed to vend).
    2.2.1.3. Standard Test Packages. A standard test package is a 
standard product, as specified in section 2.2.1.2 of this appendix, 
altered to include a temperature-measuring instrument at its center 
of mass.
    2.2.2. Sensor Placement. The integrated average temperature of 
next-to-vend beverages shall be measured in standard test packages 
in the next-to-vend product locations specified in Section 7.1.5.2 
of ANSI/ASHRAE 32.1. Do not run the thermocouple wire and other 
measurement apparatus through the dispensing door; the thermocouple 
wire and other measurement apparatus must be configured and sealed 
so as to minimize air flow between the interior refrigerated volume 
and the ambient room air. If a manufacturer chooses to employ a 
method other than routing thermocouple and sensor wires through the 
door gasket and ensuring the gasket is compressed around the wire to 
ensure a good seal, then it must maintain a record of the method 
used in the data underlying that basic model's certification 
pursuant to 10 CFR 429.71.
    2.2.3. Vending Mode Test Period. The vending mode test period 
begins after temperature stabilization has been achieved, as 
described in ANSI/ASHRAE 32.1 Section 7.2.2.2 and continues for 18 
hours for equipment with an accessory low power mode or for 24 hours 
for equipment without an accessory low power mode. For the vending 
mode test period, equipment that has energy-saving features that 
cannot be disabled shall have those features set to the most energy-
consuming settings, except for as specified in section 2.2.4 of this 
appendix. In addition, all energy management systems shall be 
disabled. Provide, if necessary, any physical stimuli or other input 
to the machine needed to prevent automatic activation of low power 
modes during the vending mode test period.
    2.2.4. Accessory Low Power Mode Test Period. For equipment with 
an accessory low power mode, the accessory low power mode may be 
engaged for 6 hours, beginning 18 hours after the temperature 
stabilization requirements established in Section 7.2.2.2 of ANSI/
ASHRAE 32.1 have been achieved, and continuing until the end of the 
24-hour test period. During the accessory low power mode test, 
operate the refrigerated bottled or canned beverage vending machine 
with the lowest energy-consuming lighting and control settings that 
constitute an accessory low power mode. The specification and 
tolerances for integrated average temperature in Table 2 of ANSI/
ASHRAE 32.1 still apply, and any refrigeration low power mode must 
not be engaged. Provide, if necessary, any physical stimuli or other 
input to the machine needed to prevent automatic activation of 
refrigeration low power modes during the accessory low power mode 
test period.
    2.2.5. Accessories. Unless specified otherwise in this appendix 
or ANSI/ASRAE 32.1, all standard components that would be used 
during normal operation of the basic model in the field and are 
necessary to provide sufficient functionality for cooling and 
vending products in field installations (i.e., product inventory, 
temperature management, product merchandising (including, e.g., 
lighting or signage), product selection, and product transport and 
delivery) shall be in place during testing and shall be set to the 
maximum energy-consuming setting if manually adjustable. Components 
not necessary for the inventory, temperature management, product 
merchandising (e.g., lighting or signage), product selection, or 
product transport and delivery shall be de-energized. If systems not 
required for the primary functionality of the machine as stated in 
this section cannot be de-energized without preventing the operation 
of the machine, then they shall be placed in the lowest energy 
consuming state. Components with controls that are permanently 
operational and cannot be adjusted by the machine operator shall be 
operated in their normal setting and consistent with the 
requirements of sections 2.2.3 and 2.2.4 of this appendix. The 
specific components and accessories listed in the subsequent 
sections shall be operated as stated during the test, except when 
controlled as part of a low power mode during the low power mode 
test period.
    2.2.5.1. Payment Mechanisms.
    (a) For purposes of demonstrating compliance with the energy 
conservation standards specified in Sec.  431.296(b) for which 
compliance was required as of January 8, 2019, refrigerated bottled 
or canned beverage vending machines must be tested with no payment 
mechanism in place, the payment mechanism in-place but de-energized, 
or the payment mechanism in place but set to the lowest energy 
consuming state, if it cannot be de-energized. A default payment 
mechanism energy consumption value of 0.20 kWh/day shall be added to 
the primary rated energy consumption per day, as noted in section 
2.3 of this appendix.
    (b) Refrigerated bottled or canned beverage vending machines 
required to comply with any amended energy conservation standards 
must be tested with any coin and or bill payment mechanisms shipped 
with the

[[Page 18958]]

model in place and energized. Credit card reader payment mechanisms 
shall be tested with the payment mechanism in-place but de-
energized, or the payment mechanism in place but set to the lowest 
energy consuming state, if it cannot be de-energized. For 
refrigerated bottled or canned beverage vending machines shipped 
with no payment mechanism in place, or only a credit card reader 
payment mechanism in place, a default payment mechanism energy 
consumption value of 0.20 kWh/day shall be added to the primary 
rated energy consumption per day, as noted in section 2.3 of this 
appendix.
    2.2.5.2. Internal Lighting. All lighting that is contained 
within or is part of the internal physical boundary of the 
refrigerated bottled or canned beverage vending machine, as 
established by the top, bottom, and side panels of the equipment, 
shall be placed in its maximum energy consuming state.
    2.2.5.3. External Customer Display Signs, Lights, and Digital 
Screens. All external customer display signs, lights, and digital 
screens that are independent from the refrigeration or vending 
performance of the refrigerated bottled or canned beverage vending 
machine must be disconnected, disabled, or otherwise de-energized 
for the duration of testing. Customer display signs, lighting, and 
digital screens that are integrated into the beverage vending 
machine cabinet or controls such that they cannot be de-energized 
without disabling the refrigeration or vending functions of the 
refrigerated bottled or canned beverage vending machine or modifying 
the circuitry must be placed in external accessory standby mode, if 
available, or their lowest energy-consuming state. Digital displays 
that also serve a vending or money processing function must be 
placed in the lowest energy-consuming state that still allows the 
money processing feature to function.
    2.2.5.4. Anti-sweat or Other Electric Resistance Heaters. Anti-
sweat or other electric resistance heaters must be operational 
during the entirety of the test procedure. Units with a user-
selectable setting must have the heaters energized and set to the 
most energy-consumptive position. Units featuring an automatic, non-
user-adjustable controller that turns on or off based on 
environmental conditions must be operating in the automatic state. 
Units that are not shipped with a controller from the point of 
manufacture, but are intended to be used with a controller, must be 
equipped with an appropriate controller when tested.
    2.2.5.5. Condensate Pan Heaters and Pumps. All electric 
resistance condensate heaters and condensate pumps must be installed 
and operational during the test. Prior to the start of the test, 
including the 24 hour period used to determine temperature 
stabilization prior to the start of the test period, as described in 
ANSI/ASHRAE 32.1 Section 7.2.2.2, the condensate pan must be dry. 
For the duration of the test, including the 24 hour time period 
necessary for temperature stabilization, allow any condensate 
moisture generated to accumulate in the pan. Do not manually add or 
remove water from the condensate pan at any time during the test. 
Any automatic controls that initiate the operation of the condensate 
pan heater or pump based on water level or ambient conditions must 
be enabled and operated in the automatic setting.
    2.2.5.6. Illuminated Temperature Displays. All illuminated 
temperature displays must be energized and operated during the test 
the same way they would be energized and operated during normal 
field operation, as recommended in manufacturer product literature, 
including manuals.
    2.2.5.7. Condenser Filters. Remove any nonpermanent filters 
provided to prevent particulates from blocking a model's condenser 
coil.
    2.2.5.8. Security Covers. Remove any devices used to secure the 
model from theft or tampering.
    2.2.5.9. General Purpose Outlets. During the test, do not 
connect any external load to any general purpose outlets available 
on a unit.
    2.2.5.10. Crankcase Heaters and Other Electric Resistance 
Heaters for Cold Weather. Crankcase heaters and other electric 
resistance heaters for cold weather must be operational during the 
test. If a control system, such as a thermostat or electronic 
controller, is used to modulate the operation of the heater, it must 
be activated during the test and operated in accordance with the 
manufacturer's instructions.
    2.2.5.11. Refrigerant Leak Mitigation Controls. If the use of 
leak mitigation controls is a user-controlled function (e.g., if the 
use of the controls is optional and intended only for specific 
installations), the controls shall be de-energized or in their 
lowest energy consuming state during testing. If leak mitigation 
controls are not user-controlled and are always operational, the 
controls shall be energized and operational for testing.
    2.3. Determination of Daily Energy Consumption. The daily energy 
consumption shall be equal to the primary rated energy consumption 
per day (ED), in kWh, determined in accordance with the calculation 
procedure in Section 7.2.3.1, ``Calculation of Daily Energy 
Consumption,'' of ANSI/ASHRAE 32.1 plus the default payment 
mechanism energy consumption value from section 2.2.5.1 of this 
appendix, if applicable. In Section 7.2.3.1 of ANSI/ASHRAE 32.1, the 
energy consumed during the test shall be the energy measured during 
the vending mode test period and accessory low power mode test 
period, as specified in sections 2.2.3 and 2.2.4 of this appendix, 
as applicable.
    2.3.1. Refrigeration Low Power Mode. For refrigerated bottled or 
canned beverage vending machines with a refrigeration low power 
mode, multiply the value determined in section 2.3 of this appendix 
by 0.97 to determine the daily energy consumption of the unit 
tested. For refrigerated bottled or canned beverage vending machines 
without a refrigeration low power mode, the value determined in 
section 2.3 of this appendix is the daily energy consumption of the 
unit tested.
    2.3.1.1. Refrigeration Low Power Mode Validation Test Method. 
This test method is not required for the certification of 
refrigerated bottled or canned beverage vending machines. To verify 
the existence of a refrigeration low power mode, initiate the 
refrigeration low power mode in accordance with manufacturer 
instructions contained in product literature and manuals, after 
completion of the 6-hour low power mode test period. Continue 
recording all the data specified in Section 7.2.2.3 of ANSI/ASHRAE 
32.1 until existence of a refrigeration low power mode has been 
confirmed or denied. The refrigerated bottled or canned beverage 
vending machine shall be deemed to have a refrigeration low power 
mode if either:
    (a) The following three requirements have been satisfied:
    (1) The instantaneous average next-to-vend beverage temperature 
must reach at least 4 [deg]F above the integrated average 
temperature or lowest application product temperature, as 
applicable, within 6 hours.
    (2) The instantaneous average next-to-vend beverage temperature 
must be maintained at least 4 [deg]F above the integrated average 
temperature or lowest application product temperature, as 
applicable, for at least 1 hour.
    (3) After the instantaneous average next-to-vend beverage 
temperature is maintained at or above 4 [deg]F above the integrated 
average temperature or lowest application product temperature, as 
applicable, for at least 1 hour, the refrigerated beverage vending 
machine must return to the specified integrated average temperature 
or lowest application product temperature, as applicable, 
automatically without direct physical intervention.
    (b) Or, the compressor does not cycle on for the entire 6 hour 
period, in which case the instantaneous average beverage temperature 
does not have to reach 4 [deg]F above the integrated average 
temperature or lowest application product temperature, as 
applicable, but, the equipment must still automatically return to 
the integrated average temperature or lowest application product 
temperature, as applicable, after the 6 hour period without direct 
physical intervention.
    2.3.2. Calculations and Rounding. In all cases, the daily energy 
consumption must be calculated with raw measured values and the 
final result rounded to units of 0.01 kWh/day.
    3. Determination of Refrigeration Volume and Surface Area.
    3.1. Refrigerated Volume. Determine the ``refrigerated volume'' 
of refrigerated bottled or canned beverage vending machines in 
accordance with Section 5.3, ``Refrigerated Volume,'' and Appendix 
C, ``Measurement of Volume,'' of ANSI/ASHRAE 32.1 including the 
referenced methodology in Section 4, ``Method for Computing 
Refrigerated Volume of Refrigerators and Wine Chillers,'' of AHAM 
HRF-1-2008. For combination vending machines, the ``refrigerated 
volume'' does not include any non-refrigerated compartment(s).
    3.2. Determination of Surface Area. Note: This section is not 
required for the certification of refrigerated bottled or canned 
beverage vending machines. Determine the

[[Page 18959]]

surface area of each beverage vending machine as the length 
multiplied by the height of outermost surface of the beverage 
vending machine cabinet, measured from edge to edge excluding any 
legs or other protrusions that extend beyond the dimensions of the 
primary cabinet. Determine the transparent and non-transparent areas 
on each side of a beverage vending machine as the total surface area 
of material that is transparent or is not transparent, respectively.

[FR Doc. 2022-06139 Filed 3-30-22; 8:45 am]
BILLING CODE 6450-01-P


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