18936 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2021–BT–TP–0007] 

RIN 1904–AE67 

Energy Conservation Program: Test 

Procedure for Refrigerated Bottled or 

Canned Beverage Vending Machines 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and announcement of public meeting. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) proposes to amend the 

test procedures for refrigerated bottled 

or canned beverage vending machines 

(‘‘BVMs’’) to reference the latest version 

of the industry standard. DOE also 

proposes to provide setup instructions 

for non-beverage shelves, update the 

lowest application product temperature 

definition and instructions, require 

testing of coin and bill payment 

mechanisms if shipped with the BVM 

(but not until the compliance date of 

any amended energy conservation 

standards), specify setup instructions 

for leak mitigation controls, and remove 

an obsolete version of the test 

procedure. DOE is seeking comment 

from interested parties on the proposal. 

DATES: DOE will accept comments, data, 

and information regarding this proposal 

no later than May 31, 2022. See section 

V, ‘‘Public Participation,’’ for details. 

DOE will hold a webinar on Monday, 

May 2, 2022, from 1:00 p.m. to 4:00 p.m. 

See section V, ‘‘Public Participation,’’ 

for webinar registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants. If no 

participants register for the webinar, it 

will be cancelled. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov, under docket 

number EERE–2021–BT–TP–0007. 

Alternatively, interested persons may 

submit comments by email to 

BVM2021TP0007@ee.doe.gov. 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 

ApplianceStandardsQuestions@

ee.doe.gov. 

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: 

Sarah.Butler@Hq.doe.gov. 

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: 

ApplianceStandardsQuestions@

ee.doe.gov. 

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 AirConditioning 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 


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Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 18937 

1All 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). 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

3Because 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. 

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). 

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

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)) 

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)) 


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18938 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 

6As 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. 

7The 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). 

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 (‘‘°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 nextto-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. 

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 

Commenter(s) Reference in this NOPR Commenter type 

CoilPod LLC .............................................................................................................................. CoilPod ......................... Component/Material 

Supplier. 

Appliance Standards Awareness Project, Natural Resources Defense Council ...................... ASAP and NRDC ......... Efficiency Organizations. 

Pacific Gas and Electric Company, Southern California Edison, and San Diego Gas & Electric; collectively, the California Investor-Owned Utilities.CA IOUs ....................... Utility Association. 

Northwest Energy Efficiency Alliance, Northwest Power and Conservation Council ............... NEEA and NPCC ......... Efficiency Organizations. 

National Automatic Merchandising Association ........................................................................ NAMA ........................... Trade Association. 

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.7

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 nonbeverage 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. 


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Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 18939 

8As 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 °F (±2 °F). 

9As 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. 

TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE

Current DOE test procedure Proposed test procedure Attribution 

Incorporates by reference ANSI/ASHRAE Standard 

32.1–2010.

Incorporates by reference ANSI/ASHRAE Standard 

32.1–2017.

Reference most recent industry 

test method. 

Refers to Appendix C of ANSI/ASHRAE Standard 

32.1–2010, which references ANSI/AHAM HRF–1– 

2004, for measurement of refrigerated volume.

Incorporates by reference ANSI/AHAM HRF–1– 

2008 for measurement of refrigerated volume, as 

referenced in Appendix C of ANSI/ASHRAE 

Standard 32.1–2017.

Incorporate by reference industry 

test method required for testing. 

Does not specifically address loading of non-beverage merchandise shelves within the refrigerated 

compartment.

Specifies that non-beverage merchandise shelves 

within the refrigerated compartment are unloaded 

for testing.

Improve representativeness and 

reproducibility. 

Defines LAPT only for units that operate at temperatures above the test condition.Adds a definition for LAPT and test instructions for 

units that can only operate below the test condition.

Improve representativeness and 

reproducibility. 

Payment mechanisms are de-energized for testing; 

energy calculations include a representative daily 

energy consumption adder for payment mechanisms.

Requires coin and bill payment mechanisms to be 

energized and tested upon the compliance date 

of any amended energy conservation standards.

Improve representativeness. 

Generally requires components necessary for primary functionality to be energized and those not 

necessary for primary functionality to be de-energized for testing.

Specifies that leak mitigation controls would be energized or de-energized for testing depending on 

whether they are necessary for primary 

functionality of the BVM.

Improves representativeness. 

Includes appendix B required for testing current 

BVMs and appendix A which is now obsolete.

Removes obsolete appendix A ................................. Improves readability. 

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. 

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

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 nonrefrigerated 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. 


jspears on DSK121TN23PROD with PROPOSALS2
18940 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 

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 °F 

± 1 °F during the 24-hour test period; 

whereas ANSI/ASHRAE Standard 32.1– 

2017 contains no such provisions. See 

section II.B.4 of this NOPR for 

additional discussion of lowest 

application product temperatures. 

(3) Section 2.2.1.4 of appendix B 

specifies a ‘‘standard product’’ 

consisting of standard 12-ounce 

aluminum beverage cans filled with a 

liquid with a density of 1.0 grams per 

milliliter (‘‘g/mL’’) ± 0.1 g/mL at 36 °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 deenergized) 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; antisweat or other electric resistance 

heaters; condensate pan heaters and 

pumps; illuminated temperature 

displays; condensate filters; security 

covers; general purpose outlets; and 

crankcase heaters and other electric 

resistance heaters for cold weather); 

whereas ANSI/ASHRAE Standard 32.1– 

2017 provides instructions for only a 

subset of these accessories (i.e., video 

screens and lighting). 

(7) Section 2.2.2 of appendix B 

prohibits routing thermocouple wires 

and other measuring equipment through 

the dispensing door; whereas ANSI/ 

ASHRAE Standard 32.1–2017 contains 

no such prohibition (only that they be 

installed in a manner that does not 

affect energy performance). 

(8) Section 2.3.3 of appendix B 

provides rounding instructions on 

energy consumption results; whereas 

ANSI/ASHRAE Standard 32.1–2017 

contains no such rounding instructions. 

(9) ANSI/ASHRAE Standard 32.1– 

2017 provides an additional recovery 

test (to determine the product 

temperature recovery time of the BVM 

when loaded with product at a certain 

temperature) and a vend test (to 

determine how much cold product a 

BVM will deliver when bottles, cans, or 

other sealed packages are vended at a 

rate of two per minute, 3 hours after a 

half-full machine is refilled with 

product at a specified beverage 

temperature); whereas appendix B 

contains no such tests. These tests 

assess product temperature recovery 

and vending performance but do not 

factor into the energy use measurement 

in ANSI/ASHRAE Standard 32.1–2017. 

In addition to the differences with the 

DOE test procedure, ANSI/ASHRAE 

Standard 32.1–2017 also lists key 

changes from the 2010 version, 

summarized by the following: 

• Updates definitions to specify the 

application to BVMs; 

• Removes zone-cooled/fully cooled 

distinction; 

• Updates AHAM HRF–1 reference to 

a more recent version of the standard 

(2008); 

• Removes the 90 °F test condition for 

ambient temperature and maintains a 

single ambient temperature (75 °F); 

• Clarifies test setup requirements for 

temperature sensor locations and test 

package/wire setup; 

• Incorporates requirements for the 

controls systems; and 

• Clarifies the integrated average 

temperature (‘‘IAT’’) calculation. 

In the May 2021 RFI, DOE requested 

comment on whether it should update 

its test procedure to incorporate by 

reference ANSI/ASHRAE Standard 

32.1–2017 and whether any of the 

updates included would affect 

measured energy consumption. 86 FR 

27054, 27057. Additionally, DOE 

requested comment on the differences 

between the current DOE test procedure 

and ANSI/ASHRAE Standard 32.1– 

2017, and whether there are any known 

deficiencies in ANSI/ASHRAE Standard 

32.1–2017 that DOE should consider 

addressing in the future. Id. 

ASAP and NRDC and the CA IOUs 

commented in support of updating the 

current DOE test procedure to 

incorporate by reference ANSI/ASHRAE 

Standard 32.1–2017. (ASAP and NRDC, 

No. 4, p.1; CA IOUs, No. 6, p.2) 

ASAP and NRDC, NEEA and NPCC, 

and the CA IOUs recommended that 

DOE maintain provisions for low power 

mode testing, which are not included in 

ANSI/ASHRAE Standard 32.1–2017. 

(ASAP and NRDC, No. 4, p. 1; NEEA 

and NPCC, No.7, p.3; CA IOUs No. 6, 

p.2) ASAP and NRDC commented that 

these test provisions can incentivize 

manufacturers to incorporate more 

energy management controls to reduce 

energy consumption. (ASAP and NRDC, 

No. 4, p.1) ASAP and NRDC also 

commented that DOE should maintain 

the current test procedure provision to 

address energy saving features that 

cannot be disabled, which is not 

included in ANSI/ASHRAE Standard 

32.1–2017, to help maintain consistency 

for testing across different machines. 

(ASAP and NRDC, No. 4, p. 2) NEEA 

and NPCC further recommended that 

DOE should maintain the requirement 

that energy saving features be enabled 

during testing. (NEEA and NPCC, No.7 

p.3) 

ASAP and NRDC, as well as NEEA 

and NPCC, recommended that DOE 

should continue to account for payment 

mechanism energy consumption, which 

is not included in ANSI/ASHRAE 


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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 throughthe-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 °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 °F with a 45 percent 

relative humidity and 90 °F with a 65 

percent relative humidity. However, 

compliance with DOE’s energy 

conservation standard was determined 

based on performance at only the 75 °F 

with a 45 percent relative humidity test 

condition. In the July 2015 Final Rule, 

DOE determined that the 75 °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 °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 °F with a 65 percent 

relative humidity test condition for the 

energy consumption test was removed, 

and the industry test standard 

designated the 75 °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 °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 


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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 nonrefrigerated 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 nonrefrigerated 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 nonrefrigerated 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 nonrefrigerated 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 nonrefrigerated 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 nonrefrigerated compartments. 

DOE continues to request information 

on typical loads for non-refrigerated 

compartments in combination BVMs 

and, if DOE were to require such loads 

for testing, the potential impacts on 

combination BVM energy consumption 

and test burden. 

3. Characteristics of the Standard 

Product 

Section 2.2.1.4 of appendix B 

specifies the standard products to be 

used for testing, which include the 

following: 12-ounce aluminum beverage 

cans filled with a liquid with a density 

of 1.0 grams per milliliter (‘‘g/mL’’) ±0.1 

g/mL at 36 °F; or, for product storage 

racks that are not capable of vending 12- 

ounce cans, but are capable of vending 

20-ounce bottles, 20-ounce plastic 

bottles filled with a liquid with a 

density of 1.0 g/mL ±0.1 g/mL at 36 °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 


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10See 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. 

11Available at www.regulations.doe.gov/ 

certification-data. 

not received petitions for waiver 

regarding this issue). DOE similarly 

does not expect that this proposal 

would result in any cost impacts for 

BVM manufacturers. 

DOE requests comment on the 

proposal to specify that non-beverage 

merchandise shelves not be loaded for 

testing BVMs. DOE seeks information on 

how such models are currently tested 

and on whether this proposal would 

impact current BVM ratings or test 

burden. 

As discussed in section III.B, section 

2.2.1.4 of appendix B requires that the 

standard product 12-ounce cans or 20- 

ounce bottles be filled with liquid with 

a density of 1.0 grams per milliliter (‘‘g/ 

mL’’) ± 0.1 g/mL at 36 °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 °F (see 10 CFR 

431.62) and are tested at a 0 °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 °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. 

For BVMs, the target test condition of 

36 °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 °F ± 1 °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 °F ± 1 °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 °F to 41.3 °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 °F 

± 1 °F IAT range required in the DOE 

test procedure. For example, models 

from one manufacturer were previously 

rated at an IAT of 32 °F, indicating that 

those BVMs could not operate at 36 °F 

± 1 °F. 

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 °F ± 1 °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 °F ± 

1 °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 °F ± 1 °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 °F ± 1 °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. 


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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 °F ± 1 °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 °F ± 1 °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 °F ± 1 °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 kilowatthours 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

Payment mechanism type 

Average 

calculated 

daily energy 

consumption 

(kWh/day) 

Range of 

calculated 

daily energy 

consumption 

(kWh/day) 

Coin Changer ........................................................................................................................................................... 0.07 0.01 to 0.12 

Bill Validator ............................................................................................................................................................. 0.11 0.04 to 0.17 

Credit Card Reader ................................................................................................................................................. 0.10 0.07 to 0.12 

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 


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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. 

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. 

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 


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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 


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13See blog.vendnetusa.com/how-often-shouldyou-restock-your-vending-machines/ and 

www.vendnm.com/often-restock-inspect-vendingmachine/, which both refer to restocking once per 

week. 

standard product to an IAT of 36 °F ± 

1 °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 userspecified 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 sealedbeverage temperature, 90 °F, and the 

final instantaneous average next-to-vend 

beverage temperature, 40 °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. 

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 


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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 deenergized, or if they cannot be deenergized 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 usercontrolled 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 energyconsuming setting if manually 

adjustable. Other components not 

necessary for such functionality are deenergized 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 


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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 × 2 = 

$8,300). 

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 deenergized 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 longterm 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

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 retest 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 


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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/officegeneral-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)) 


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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). 

17The size standards are listed by NAICS code 

and industry description and are available at: 

www.sba.gov/document/support--table-sizestandards (Last accessed on December 22, 2021). 

18U.S. Department of Energy’s Compliance 

Certification Database, available at: 

www.regulations.doe.gov/certification-data (last 

accessed December 16, 2021). 

19California Energy Commission’s Modernized 

Appliance Efficiency Database System, available at: 

cacertappliances.energy.ca.gov/Pages/Search/ 

AdvancedSearch.aspx (last access December 16, 

2021). 

20The Dun & Bradstreet Hoovers subscription 

login is available online at app.dnbhoovers.com/ 

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. 

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)) 

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 nonbeverage 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. 

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. 

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 retesting 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 reVerDate Sep<11>2014 19:31 Mar 30, 2022 Jkt 256001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP2.SGM 31MRP2

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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/) 

23Testing costs of $8,300 per basic model for 19 

BVM models ($8,300 x 19 = $157,700). 

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. 

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. 

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 


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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 industryaccepted 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, 


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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. 

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 

ApplianceStandardsQuestions@

ee.doe.gov. 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. 

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 


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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 nonrefrigerated 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 °F ± 1 °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 °F ± 1 °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 retest 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 


jspears on DSK121TN23PROD with PROPOSALS2
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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 

■ 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. 

■ 2. Section 431.292 is amended by 

revising the definition for ‘‘V’’ to read as 

follows: 

* * * * * 

V means the refrigerated volume (ft3) 

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 

§ 431.293). 

■ 3. Section 431.293 is revised to read 

as follows: 

§ 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, Buildings@

ee.doe.gov, https://www.energy.gov/ 

eere/buildings/building-technologiesoffice. For information on the 

availability of this material at NARA, 

email: fr.inspection@nara.gov, 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 AirConditioning 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 § 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 § 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 

§ 431.292. 

(2) [Reserved] 

Appendix A to Subpart Q of Part 431 

[Removed and Reserved] 

■ 4. Remove and reserve appendix A to 

subpart Q of part 431. 

■ 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 § 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 


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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 °F (±1 °F) during the 24 

hour test period, the unit must be tested at 

the lowest application product temperature, 

as defined in section 1.1 of this appendix. 

2.2. Equipment Installation and Test Set 

Up. Except as provided in this section 2.2 of 

this appendix, the test procedure for energy 

consumption of refrigerated bottled or 

canned beverage vending machines shall be 

conducted in accordance with the methods 

specified in Sections 7.1 through 7.2.2.7 

under ‘‘Test Procedures’’ of ANSI/ASHRAE 

32.1. 

2.2.1. Equipment Loading. Configure 

refrigerated bottled or canned beverage 

vending machines to hold the maximum 

number of standard products. 

2.2.1.1. Non-Beverage Shelves. Any shelves 

within the refrigerated compartment(s) 

intended only for non-beverage merchandise 

shall not be loaded for testing. 

2.2.1.2. Standard Products. The standard 

product shall be standard 12-ounce 

aluminum beverage cans filled with a liquid 

with a density of 1.0 grams per milliliter (g/ 

mL) ±0.1 g/mL at 36 °F. For product storage 

racks that are not capable of vending 12- 

ounce cans, but are capable of vending 20- 

ounce bottles, the standard product shall be 

20-ounce plastic bottles filled with a liquid 

with a density of 1.0 g/mL ±0.1 g/mL at 36 °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 temperaturemeasuring 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 energyconsuming 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 § 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 


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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 energyconsuming state. Digital displays that also 

serve a vending or money processing 

function must be placed in the lowest energyconsuming 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-useradjustable 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 °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 °F above the integrated average 

temperature or lowest application product 

temperature, as applicable, for at least 1 hour. 

(3) After the instantaneous average next-tovend beverage temperature is maintained at 

or above 4 °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 °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 


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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 nontransparent 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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