Energy Conservation Program: Test Procedure for Refrigerated Bottled or Canned Beverage Vending Machines, 28381-28402 [2023-09036]
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Rules and Regulations
Federal Register
Vol. 88, No. 86
Thursday, May 4, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 1
[Docket No. USDA–2022–0004]
Review and Issuance of Agency
Guidance Documents; Removal of
Regulations
Office of the Secretary, USDA.
ACTION: Final rule.
AGENCY:
The U.S. Department of
Agriculture is amending its
administrative regulations by removing
the procedural regulations for the
review and issuance of agency guidance
documents. Those regulations were
issued in accordance with Executive
Order (E.O.) 13891, which was revoked
January 20, 2021, by E.O. 13992. This
final rule implements the direction in
section 3 of E.O. 13992 to rescind any
regulations that were issued to
implement or enforce E.O. 13891.
DATES: Effective May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Stephen O’Neill, Office of Budget and
Program Analysis, USDA, 1400
Independence Avenue SW, Washington,
DC 20250–1400, (202) 720–0038 or
stephen.oneill@usda.gov.
SUPPLEMENTARY INFORMATION: In a final
rule published in the Federal Register
on June 3, 2020 (85 FR 34085–34087,
Docket No. USDA–2020–0006), and
effective on July 6, 2020, the U.S.
Department of Agriculture (USDA)
amended its administrative regulations
by adding procedural regulations for the
review and issuance of agency guidance
documents, as mandated by Executive
Order (E.O.) 13891. Those regulations
were added to the Department’s
regulations in title 7, part 1, as a new
subpart Q, ‘‘Review and Issuance of
Agency Guidance Documents’’ (§§ 1.900
through 1.911).
E.O. 13992 of January 20, 2021,
revoked E.O. 13891 among other
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regulations-related executive orders
listed in section 2 of E.O. 13992. Section
3 of E.O. 13992 directed the heads of
agencies to ‘‘rescind any orders, rules,
regulations, guidelines, or policies, or
portions thereof, implementing or
enforcing the Executive Orders
identified in section 2 of this order.’’
Therefore, in accordance with E.O.
13992, the Department is removing the
regulations it issued under E.O. 13891.
This final rule removes, in their
entirety, the regulations in 7 CFR part 1,
subpart Q.
This rule relates strictly to internal
Departmental management. Therefore,
pursuant to 5 U.S.C. 553(a)(2), notice of
proposed rulemaking and opportunity
to comment are not required.
Executive Order 12866
This regulatory action does not meet
the criteria for significant regulatory
action pursuant to Executive Order
12866, Regulatory Planning and Review.
The regulations removed by this rule
were related the internal management of
USDA. As such, they were for the use
of USDA personnel only and did not
create any right or benefit, substantive
or procedural, enforceable at law or in
equity by any party against the United
States, its agencies or other entities, its
officers or employees, or any other
person. Accordingly, we expect the
economic impact of removing those
regulations, if any, to be minimal.
Regulatory Flexibility Act
The provisions of the Regulatory
Flexibility Act relating to an initial and
final regulatory flexibility analysis (5
U.S.C. 603, 604) are not applicable to
this final rule because USDA was not
required to publish notice of proposed
rulemaking under 5 U.S.C. 553 or any
other law. Accordingly, a regulatory
flexibility analysis is not required.
Paperwork Reduction Act
This final rule does not contain
information collection requirements that
are not already required by law or not
already approved for use. Accordingly,
the review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) and its implementing
regulations at 5 CFR part 1320 do not
apply.
List of Subjects in 7 CFR Part 1
Administrative practice and
procedure, Antitrust, Claims,
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Cooperatives, Courts, Equal access to
justice, Fraud, Freedom of information,
Government employees, Indemnity
payments, Lawyers, Motion pictures,
Penalties, Privacy.
Therefore, for the reasons set forth in
the preamble, the Department is
amending part 1 of title 7 of the Code
of Federal Regulations as follows:
PART 1—ADMINISTRATIVE
REGULATIONS
1. The authority citation for part 1
continues to read as follows:
■
Authority: 5 U.S.C. 301, unless otherwise
noted.
Subpart Q—[Removed]
2. Subpart Q, consisting of §§ 1.900
through 1.911, is removed.
■
Anthony Shea,
Acting Deputy Secretary, U.S. Department of
Agriculture.
[FR Doc. 2023–09531 Filed 5–3–23; 8:45 am]
BILLING CODE 3410–90–P
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
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The U.S. Department of
Energy (DOE) amends the test
procedures for refrigerated bottled or
canned beverage vending machines
(BVMs) to reference the latest version of
the industry standard, while
maintaining certain provisions specified
in the current DOE test procedure. DOE
also provides setup instructions for nonbeverage shelves, updates the lowest
application product temperature
definition and test instructions,
specifies setup instructions for
refrigeration leak mitigation controls,
and removes the obsolete test
procedure.
DATES: The effective date of this rule is
June 5, 2023. The amendments will be
SUMMARY:
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mandatory for equipment testing
starting October 31, 2023.
The incorporation by reference of
certain material listed in the rule is
approved by the Director of the Federal
Register on June 5, 2023. The
incorporation by reference of certain
other material listed in the rule was
approved by the Director of the Federal
Register on March 8, 2016.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as those containing information
that is exempt from public disclosure.
A link to the docket web page can be
found at www.regulations.gov/docket/
EERE-2021-BT-TP-0007. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket.
For further information on how to
review the docket, contact the
Appliance and Equipment Standards
Program staff at (202) 287–1445 or by
email: ApplianceStandardsQuestions@
ee.doe.gov.
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FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
0371. Email:
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.
SUPPLEMENTARY INFORMATION: DOE
maintains a previously approved
incorporation by reference and
incorporates by reference the following
industry standards into part 431:
AHAM HRF–1–2016, ‘‘Energy and
Internal Volume of Refrigerating
Appliances.’’
ANSI/ASHRAE Standard 32.1–2022,
‘‘Methods of Testing for Rating
Refrigerated Vending Machines for
Sealed Beverages,’’ approved December
30, 2022.
Copies of AHAM HRF–1–2016 can be
purchased from the Association of
Home Appliance Manufacturers
(AHAM), 1111 19th Street NW, Suite
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402, Washington, DC 20036, 202–872–
5955, www.aham.org/AHAM/Store.
Copies of ANSI/ASHRAE Standard
32.1–2022 can be purchased from the
American Society of Heating,
Refrigerating, and Air-Conditioning
Engineers (ASHRAE) Inc., 180
Technology Parkway NW, Peachtree
Corners, GA 300092, (800) 527–4723,
webstore.ansi.org.
For a further discussion of these
standards, see section IV.N of this
document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope and Definitions
B. Updates to Industry Standards
C. Test Procedure
1. Ambient Test Conditions
2. Test Procedure for Combination BVMs
3. Characteristics of the Standard Product
4. Lowest Application Product
Temperature
5. Payment Mechanisms
6. Low Power Modes
7. Reloading and Recovery Periods
8. Refrigerant Leak Mitigation Controls
9. Connected Functions
10. Condenser Conditions
11. Removal of Obsolete Provisions
D. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
E. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
and 13563
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by
Reference
V. Approval of the Office of the Secretary
I. Authority and Background
DOE is authorized to establish and
amend energy conservation standards
and test procedures for BVMs. (42
U.S.C. 6295(v); 42 U.S.C. 6293(b)(15))
DOE’s energy conservation standards
and test procedures for BVMs are
currently prescribed at subpart Q of 10
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CFR part 431. The following sections
discuss DOE’s authority to establish test
procedures for BVMs and relevant
background information regarding
DOE’s consideration of test procedures
for this product.
A. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
(EPCA),1 authorizes DOE to regulate the
energy efficiency of a number of
consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317) Title III, Part B of EPCA 2
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency. These
products include BVMs, the subject of
this document. (42 U.S.C. 6295(v)) 3
The energy conservation program
under EPCA consists essentially of four
parts: (1) testing, (2) labeling, (3) Federal
energy conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291), test procedures (42
U.S.C. 6293), labeling provisions (42
U.S.C. 6294), energy conservation
standards (42 U.S.C. 6295), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
The testing requirements consist of
test procedures that manufacturers of
covered products must use as the basis
for (1) certifying to DOE that their
products comply with the applicable
energy conservation standards adopted
1 All references to EPCA in this document refer
to the statute as amended through the Infrastructure
Investment and Jobs Act, Public Law 117–58 (Nov.
15, 2021), which reflect the last statutory
amendments that impact Parts A and A–1 of EPCA.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
3 Because Congress included BVMs in Part A of
Title III of EPCA, the consumer product provisions
of Part A (rather than the industrial equipment
provisions of Part A–1) apply to BVMs. DOE placed
the regulatory requirements specific to BVMs in 10
CFR part 431, ‘‘Energy Efficiency Program for
Certain Commercial and Industrial Equipment,’’ as
a matter of administrative convenience based on
their type and therefore refers to BVMs as
‘‘equipment’’ throughout this document. Despite
the placement of BVMs in 10 CFR part 431, the
relevant provisions of Title A of EPCA and 10 CFR
part 430, which are applicable to all product types
specified in Title A of EPCA, are applicable to
BVMs. See 74 FR 44914, 44917 (Aug. 31, 2009) and
80 FR 45758, 45759 (Jul. 31, 2015). The regulatory
provisions of 10 CFR 430.33 and 430.34 and
subparts D and E of 10 CFR part 430 are applicable
to BVMs. Because the procedures in 10 CFR parts
430 and 431 for petitioning DOE for obtaining a test
procedure waiver are substantively the same (79 FR
26591, 26601 (May 9, 2014)), the regulations for
applying for a test procedure waiver for BVMs are
those found at 10 CFR 431.401 rather than those
found at 10 CFR 430.27.
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under EPCA (42 U.S.C. 6295(s)), and (2)
making other representations about the
efficiency of those products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with any relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C. 6297)
DOE may, however, grant waivers of
Federal preemption for particular State
laws or regulations, in accordance with
the procedures and other provisions of
EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this
section shall be reasonably designed to
produce test results which measure
energy efficiency, energy use, or
estimated annual operating cost of a
covered product during a representative
average use cycle (as determined by the
Secretary) or period of use and shall not
be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE
amend its test procedures for all covered
products to integrate measures of
standby mode and off mode energy
consumption. (42 U.S.C. 6295(gg)(2)(A))
Standby mode and off mode energy
consumption must be incorporated into
the overall energy efficiency, energy
consumption, or other energy descriptor
for each covered product unless the
current test procedures already account
for and incorporate standby and off
mode energy consumption or such
integration is technically infeasible. If
an integrated test procedure is
technically infeasible, DOE must
prescribe a separate standby mode and
off mode energy use test procedure for
the covered product, if technically
feasible. (42 U.S.C. 6295(gg)(2)(A)(ii))
Any such amendment must consider the
most current versions of the
International Electrotechnical
Commission (IEC) Standard 62301 4 and
IEC Standard 62087 5 as applicable. (42
U.S.C. 6295(gg)(2)(A))
With respect to BVMs, EPCA requires
the test procedure to be based on the
4 IEC 62301, Household electrical appliances—
Measurement of standby power (Edition 2.0, 2011–
01).
5 IEC 62087, Audio, video, and related
equipment—Methods of measurement for power
consumption (Edition 1.0, Parts 1–6: 2015, Part 7:
2018).
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2004 version of ANSI/ASHRAE
Standard 32.1, ‘‘Methods of Testing for
Rating Vending Machines for Bottled,
Canned or Other Sealed Beverages.’’ (42
U.S.C. 6293(b)(15))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
product, including BVMs, to determine
whether amended test procedures
would more accurately or fully comply
with the requirements for the test
procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle or period of use. (42 U.S.C.
6293(b)(1)(A))
If the Secretary determines, on her
own behalf or in response to a petition
by any interested person, that a test
procedure should be prescribed or
amended, the Secretary shall promptly
publish in the Federal Register
proposed test procedures and afford
interested persons an opportunity to
present oral and written data, views,
and arguments with respect to such
procedures. The comment period on a
proposed rule to amend a test procedure
shall be at least 60 days and may not
exceed 270 days. In prescribing or
amending a test procedure, the
Secretary shall take into account such
information as the Secretary determines
relevant to such procedure, including
technological developments relating to
energy use or energy efficiency of the
type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. (42 U.S.C. 6293(b)(1)(A)(ii))
DOE is publishing this final rule in
satisfaction of the 7-year review
requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
DOE’s existing test procedures for
BVMs appear at 10 CFR part 431,
subpart Q, appendices A and B, both
titled ‘‘Uniform Test Method for the
Measurement of Energy Consumption of
Refrigerated Bottled or Canned Beverage
Vending Machines’’ (appendices A and
B, respectively). On or after January 8,
2019, any representations, including
compliance certifications, made with
respect to the energy use or efficiency of
BVMs must be made in accordance with
the results of testing pursuant to
appendix B.
On July 31, 2015, DOE published a
test procedure final rule (July 2015 Final
Rule) that referenced updated industry
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28383
test methods, improved clarity of the
procedure, accounted for new
equipment features, and established the
test procedures at appendices A and B.6
80 FR 45758; see also 81 FR 1028
(January 8, 2016). The specific
amendments in the July 2015 Final Rule
included, for both appendices A and B:
(1) updating the referenced test method
to ANSI/ASHRAE Standard 32.1–2010,
‘‘Methods of Testing for Rating Vending
Machines for Sealed Beverages,’’ (ANSI/
ASHRAE Standard 32.1–2010), (2)
incorporating amendments to clarify
several ambiguities in ANSI/ASHRAE
Standard 32.1–2010, (3) eliminating the
requirement to test at the 90-degree
Fahrenheit (°F) ambient test condition,
(4) clarifying the test procedure for
combination vending machines, (5)
clarifying the requirements for the
loading of BVMs under the DOE test
procedure, (6) specifying the
characteristics of a standard test
package, (7) clarifying the average 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.
On March 31, 2022, DOE published in
the Federal Register a notice of
proposed rulemaking (NOPR) that
proposed to update the test procedure at
appendix B (March 2022 NOPR). 87 FR
18936. In the March 2022 NOPR, DOE
proposed the following amendments
and requested feedback on these
proposals:
(1) Incorporate by reference the current
industry standard ANSI/ASHRAE Standard
32.1–2017.
(2) Incorporate by reference the industry
standard AHAM HRF–1–2008 referenced in
ANSI/ASHRAE Standard 32.1–2017.
6 As discussed further in this section, the test
procedure at appendix B accounts for additional
BVM operating modes not accounted for in
appendix A and is mandatory for demonstrating
compliance with the energy conservation standards
in 10 CFR 431.296(b), which are required for BVMs
manufactured on or after January 8, 2019.
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(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 coin and bill payment
mechanisms to be energized for testing if
shipped with the BVM (but not until the
compliance date of any amended energy
conservation standards).
(7) Specify setup instructions for
refrigerant leak mitigation controls consistent
with the existing test procedure instructions.
(8) Remove the obsolete test procedure in
appendix A.
87 FR 18936.
DOE received comments in response
to the March 2022 NOPR from the
interested parties listed in Table I.I.
TABLE I.I—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS OR ORAL COMMENTS IN RESPONSE TO THE MARCH 2022
NOPR
Reference
No. in the
docket
Commenter(s)
Reference in this
final rule
Air-Conditioning, Heating, and Refrigeration Institute ....................................................................
Appliance Standards Awareness Project; American Council for an Energy-Efficient Economy;
Northwest Energy Efficiency Alliance.
National Automatic Merchandising Association ..............................................................................
Steven Neubauer ............................................................................................................................
AHRI ...........................
Joint Commenters ......
* 12
13
NAMA .........................
Neubauer ....................
14
9
Commenter type
Trade Association.
Efficiency Advocates.
Trade Association.
Individual.
* Document number 12 is the transcript of the webinar. Commenter did not submit written comments.
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.7 To the extent that
interested parties have provided written
comments that are substantively
consistent with any oral comments
provided during the May 2, 2022, public
meeting (hereafter, the NOPR public
meeting), DOE cites the written
comments throughout this final rule.
II. Synopsis of the Final Rule
In this final rule, DOE amends the test
procedure at appendix B as follows:
(1) Incorporates by reference the
current industry standard ANSI/
ASHRAE Standard 32.1–2022.
(2) Incorporates by reference the
industry standard AHAM HRF–1–2016
referenced in ANSI/ASHRAE Standard
32.1–2022.
(3) Provides setup instructions for
non-beverage shelves in refrigerated
compartments.
(4) Amends the definition of LAPT to
allow for testing BVMs only capable of
operating at temperatures below the
specified test temperature.
(5) Specifies setup instructions for
refrigerant leak mitigation controls.
(6) Removes the obsolete test
procedure in appendix A.
The adopted amendments are
summarized and compared to the test
procedure provision prior to the
amendment in Table II.I, along with the
reason for the adopted change.
TABLE II.I—SUMMARY OF CHANGES IN THE AMENDED TEST PROCEDURE
DOE test procedure prior to amendment
Amended test procedure
Attribution
Incorporates by reference ANSI/ASHRAE Standard 32.1–2010.
Refers to Appendix C of ANSI/ASHRAE Standard
32.1–2010, which references ANSI/AHAM HRF–
1–2004, for measurement of refrigerated volume.
Does not specifically address loading of non-beverage merchandise shelves within the refrigerated compartment.
Defines LAPT only for units that operate at temperatures above the test condition.
Generally requires components necessary for primary functionality to be energized and those not
necessary for primary functionality to be de-energized for testing.
Incorporates by reference ANSI/ASHRAE Standard 32.1–2022 ...........................
Harmonizes with most recent
industry test method.
Incorporates by reference industry test method required
for testing.
Improves representativeness
and reproducibility.
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Includes appendix B required for testing current
BVMs and appendix A, which is now obsolete.
Incorporates by reference AHAM HRF–1–2016 for measurement of refrigerated
volume, as referenced in Appendix C of ANSI/ASHRAE Standard 32.1–2022.
Specifies that non-beverage merchandise shelves within the refrigerated compartment are unloaded for testing.
Adds a definition for LAPT and test instructions for units that can only operate
below the test condition.
Specifies that refrigerant leak mitigation controls must be disconnected, disabled, or otherwise de-energized for the duration of testing, unless integrated
into the cabinet or controls such that they cannot be de-energized without disabling the refrigeration or vending functions and must be placed in external
accessory standby mode, if available, or their lowest energy-consuming state.
Removes obsolete appendix A ...............................................................................
Improves representativeness
and reproducibility.
Improves representativeness.
Improves readability.
DOE has determined that the
amendments described in section III of
this document and adopted in this
document will not alter the measured
efficiency of BVMs or require retesting
or recertification solely as a result of
DOE’s adoption of the amendments to
the test procedures. Additionally, DOE
has determined that the amendments
will not increase the cost of testing.
Discussion of DOE’s actions are
addressed in detail in section III of this
document.
The effective date for the amended
test procedures adopted in this final
rule is 30 days after publication of this
document in the Federal Register.
Representations of energy use or energy
efficiency must be based on testing in
accordance with the amended test
procedures beginning 180 days after the
publication of this final rule.
7 The parenthetical reference provides a reference
to information located in the docket of DOE’s
rulemaking to develop test procedures for
refrigerated bottled or canned beverage vending
machines (Docket No. EERE–2021–BT–TP–0007,
which is maintained at www.regulations.gov). The
references are arranged as follows: (commenter
name, comment docket ID number, page of that
document).
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III. Discussion
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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 March 2022 NOPR, having
received no comments on these
definitions, and having not identified
any BVMs available on the market that
would require additional specificity in
the existing BVM definitions, DOE
tentatively determined that amendments
were not required and did not propose
any new or amended BVM definitions.10
87 FR 18963, 18940.
In response to the March 2022 NOPR,
NAMA commented that it does not
believe further definition of the terms
‘‘dispense’’ or ‘‘solid partition’’ is
necessary. (NAMA, No. 14, p. 2)
8 As defined in 10 CFR 431.62, ‘‘commercial
refrigerator’’ means a unit of commercial
refrigeration equipment in which all refrigerated
compartments in the unit are capable of operating
at or above 32 °F (±2 °F).
9 As provided in 10 CFR 429.134(j)(2), the
determination of percent transparent surface does
not include the surface area surrounding any
compartments that are not designed to be
refrigerated (as demonstrated by the presence of
temperature controls), whether or not it is
transparent.
10 DOE notes that the regulatory text in the March
2022 NOPR inadvertently included a new definition
for V, refrigerated volume, at 10 CFR 431.292. DOE
did not discuss this term in the preamble to the
March 2022 NOPR and stated explicitly that DOE
was not proposing any new or amended BVM
definitions. 87 FR 18936, 18939.
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DOE has not identified BVMs
available on the market that would
require additional specificity in the
existing BVM definitions, which is
supported by NAMA’s comment.
Therefore, consistent with the March
2022 NOPR, DOE has determined that
amendments are not required and is not
amending any of the BVM definitions in
this final rule.
B. Updates to Industry Standards
Appendix B incorporates by reference
ANSI/ASHRAE Standard 32.1–2010,
which was the most current version of
the industry standard available at the
time of the July 2015 Final Rule. 80 FR
45758, 45762. Appendix B specifically
references section 3, ‘‘Definitions’’;
section 4, ‘‘Instruments’’; section 5,
‘‘Vendible Capacity’’; section 6, ‘‘Test
Conditions’’; section 7.1, ‘‘Test
Procedures—General Requirements’’;
and section 7.2, ‘‘Energy Consumption
Test’’ of ANSI/ASHRAE Standard 32.1–
2010. Appendix B includes certain
exceptions to these references, and in
cases of conflict between appendix B
language and the requirements of ANSI/
ASHRAE Standard 32.1–2010, the
language in appendix B takes
precedence. See section 1 of appendix
B.
At the time of the July 2015 Final
Rule analysis, DOE was aware of
ongoing industry meetings to consider
updates to ASHRAE Standard 32.1. DOE
participated in those industry meetings
and, to the extent possible, sought to
align its test procedure with the
expected updates to ASHRAE 32.1. 80
FR 45758, 45762.
On February 2, 2017, ANSI and
ASHRAE approved the latest version of
Standard 32.1, ANSI/ASHRAE 32.1–
2017, ‘‘Methods of Testing for Rating
Vending Machines for Sealed
Beverages’’ (ANSI/ASHRAE Standard
32.1–2017).
Many of the revisions included in
ANSI/ASHRAE Standard 32.1–2017
harmonize the industry standard with
the existing DOE test procedure.
However, some substantive differences
between DOE’s test procedure at
appendix B and ANSI/ASHRAE
Standard 32.1–2017 remain, notably the
following:
(1) Section 2.2.4 of appendix B
contains provisions for testing accessory
low power mode, and section 2.3.2 of
appendix B accounts for refrigeration
low power mode, whereas ANSI/
ASHRAE Standard 32.1–2017 contains
no such provisions (and specifically
prohibits operation in low power mode
during testing, per section 7.2.2.6.2). See
section III.C.6 of this document for
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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.C.4 of this document for
additional discussion of lowest
application product temperatures.
(3) Section 2.2.1.4 of appendix B
specifies a ‘‘standard product’’
consisting of standard 12-ounce
aluminum beverage cans filled with a
liquid with a density of 1.0 grams per
milliliter (g/mL) ±0.1 g/mL at 36 °F,
whereas ANSI/ASHRAE Standard 32.1–
2017 specifies using a 33 percent
propylene glycol and 67 percent water
solution. See section II.C.3 of this
document for additional discussion of
standard product characteristics.
(4) Section 2.2.5.1 of appendix B
provides instructions for payment
mechanisms that cannot be
disconnected during testing (if the
payment mechanism is not removed,
appendix B requires it to be in place but
de-energized, or set to the lowest
energy-consuming state if it cannot be
de-energized) and specifies a default
payment mechanism energy
consumption of 0.20 kilowatt-hours per
day (kWh/day), whereas ANSI/ASHRAE
Standard 32.1–2017 contains no such
provisions. See section II.C.5 of this
document for additional discussion of
payment mechanisms.
(5) Section 2.2.3 of appendix B
requires energy management systems to
be disabled and energy-saving features
that cannot be disabled to be set to their
most energy-consuming settings,
whereas ANSI/ASHRAE Standard 32.1–
2017 also requires that energy
management systems be disabled but
does not address other energy-saving
features that cannot be disabled.
(6) Sections 2.2.5.2 through 2.2.5.10 of
appendix B provide additional setup
instructions regarding certain
equipment accessories (i.e., internal
lighting; external customer display
signs, lights, and digital screens; 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
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and other measuring equipment through
the dispensing door, whereas ANSI/
ASHRAE Standard 32.1–2017 contains
no such prohibition (only that they be
installed in a manner that does not
affect energy performance).
(8) Section 2.3.3 of appendix B
provides rounding instructions on
energy consumption results, whereas
ANSI/ASHRAE Standard 32.1–2017
contains no such rounding instructions.
(9) ANSI/ASHRAE Standard 32.1–
2017 provides an additional recovery
test (to determine the product
temperature recovery time of the BVM
when loaded with product at a certain
temperature) and a vend test (to
determine how much cold product a
BVM will deliver when bottles, cans, or
other sealed packages are vended at a
rate of two per minute, 3 hours after a
half-full machine is refilled with
product at a specified beverage
temperature), whereas appendix B
contains no such tests. These tests
assess product temperature recovery
and vending performance but do not
factor into the energy use measurement
in ANSI/ASHRAE Standard 32.1–2017.
In addition to these differences with
the DOE test procedure, ANSI/ASHRAE
Standard 32.1–2017 also lists key
changes from the 2010 version,
summarized by the following:
• Updates definitions to specify the
application to BVMs;
• Removes zone-cooled/fully cooled
distinction;
• Updates AHAM HRF–1 references
to a more recent version of the standard
(2008);
• Removes the 90 °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 March 2022 NOPR, DOE
proposed to incorporate by reference the
most recent updated industry standard,
ANSI/ASHRAE Standard 32.1–2017,
while maintaining the current DOE test
procedure provisions not included in
ANSI/ASHRAE Standard 32.1–2017
regarding energy management systems,
accessory setup instructions, wire
routing, and rounding. 87 FR 18936,
18941. This proposed approach was
consistent with the recommendations
from interested parties, and DOE
tentatively determined that the proposal
would not impact current BVM ratings
or test costs because the proposed test
procedure was substantively the same as
the current DOE test procedure. Id.
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For consistency with the proposed
incorporation by reference of ANSI/
ASHRAE Standard 32.1–2017, DOE also
proposed in the March 2022 NOPR to
incorporate by reference AHAM HRF–
1–2008, including the correction sheet
issued November 17, 2009, to ensure
that BVM testing is conducted to the
appropriate test standard. 87 FR 18936,
18941. In the March 2022 NOPR, DOE
tentatively determined that the updates
made to AHAM HRF–1 between the
2004 and 2008 versions provided
clarifications and instructions for
measuring components that are specific
to consumer refrigeration products (e.g.,
consideration of through-the-door ice
and water dispensers) and that current
refrigerated volume measurements and
ratings for BVMs would be unchanged
under the proposed updated industry
standard reference. Id.
In the March 2022 NOPR, DOE
requested comment on its proposal to
incorporate by reference the most
current industry test standard, ANSI/
ASHRAE Standard 32.1–2017, including
the updated reference to AHAM HRF–
1–2008 for measuring refrigerated
volume. 87 FR 18936, 18941. DOE also
requested comment on whether the
proposed amendments would affect
BVM ratings as measured under the
existing test procedure or whether they
would impact test burden. Id.
NAMA expressed agreement with
DOE that updating the references to
AHAM HRF–1–2008 and ANSI/
ASHRAE 32.1–2017 is more
appropriate. (NAMA, No. 14, p. 2)
NAMA also stated that referencing
AHAM HRF–1–2008 would help clarify
some of the dimensional volume
measurements. (NAMA, No. 14, p. 2–3)
Since publication of the March 2022
NOPR, the first public review draft of
Board of Standards Review/ASHRAE
Standard 32.1–2017R (BSR/ASHRAE
32.1–2017R) was published on April 22,
2022.11 The only change in comparison
to the 2017 version of the standard is an
update of the AHAM HRF–1 reference
to the 2016 version. DOE submitted
comments to suggest harmonization
with the March 2022 NOPR test
procedure and inclusion of the most
current version of referenced standards,
as a more recent version of AHAM
HRF–1 (2019) has been published.
On December 30, 2022, ANSI/
ASHRAE 32.1–2022 was published.
DOE reviewed ANSI/ASHRAE 32.1–
2022 and determined that it is
substantively the same to BSR/ASHRAE
11 Information on BSR/ASHRAE Standard 32.1–
2017R can be found at www.ashrae.org/
file%20library/technical%20resources/
standards%20and%20guidelines/
standards%20actions/saapr222022.pdf.
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32.1–2017R. DOE has reviewed the
sections in AHAM HRF–1–2016
referenced by ANSI/ASHRAE 32.1–2022
and determined that the updated
reference in ANSI/ASHRAE 32.1–2022
to AHAM HRF–1–2016 provides
clarifications and does not substantively
change the standard. Based on this
determination, incorporating by
reference ANSI/ASHRAE 32.1–2022 and
AHAM HRF–1–2016 would be
substantively consistent with DOE’s
proposal in the March 2022 NOPR and,
therefore, DOE has determined to
incorporate by reference ANSI/ASHRAE
32.1–2022 and AHAM HRF–1–2016,
while maintaining the current DOE test
procedure provisions not included in
ANSI/ASHRAE Standard 32.1–2022
regarding energy management systems,
accessory setup instructions, wire
routing, and rounding.
C. Test Procedure
The following sections discuss the
proposals from the March 2022 NOPR,
any comments received in response to
the proposals, and any corresponding
finalized amendments to the DOE test
procedure.
1. Ambient Test Conditions
Section 2.1.2 of appendix B requires
testing and rating BVM performance in
a 75 °F ambient temperature with 45
percent relative humidity. Prior to the
July 2015 Final Rule, the DOE test
procedure incorporated by reference
ANSI/ASHRAE Standard 32.1–2004,
which included two ambient test
conditions: 75 °F with 45 percent
relative humidity and 90 °F with 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 were installed
outdoors. 80 FR 45758, 45765. DOE
determined that, although these BVMs
would experience different ambient
conditions than in the test procedure, it
would not be feasible to test at all the
conditions BVMs may experience in the
field. Id. In ANSI/ASHRAE Standard
32.1–2017, the 90 °F with a 65 percent
relative humidity test condition for the
energy consumption test was removed,
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and the industry test standard
designated the 75 °F with a 45 percent
relative humidity test condition as the
singular test condition.
In the March 2022 NOPR, DOE
tentatively determined that while BVMs
may be installed and operated in a
variety of locations and ambient
conditions, the existing single test
condition provides a representative test
condition for BVMs, consistent with the
July 2015 Final Rule determination.
Accordingly, DOE did not propose any
changes to the current requirement to
test under the single ambient test
condition (75 °F and 45 percent relative
humidity), consistent with the test
condition specified in ASHRAE
Standard 32.1–2022. 87 FR 18936,
18941.
In response to the March 2022 NOPR,
NAMA commented that removal of the
requirement to test at both 75 degrees
and 90 degrees was appropriate and
would assist manufacturers in reducing
testing costs and would not change the
overall energy measurement. (NAMA,
No. 14, p. 2) NAMA also expressed
agreement with DOE that testing at 75
degrees and 45 percent relative
humidity is realistic and provides a
reasonable and comparable
representation of energy performance.
(NAMA, No. 14, p. 3) NAMA also
commented that it could not present
information about the percentage of
machines installed indoors, outdoors, in
insulated environments, or in spaceconditioned indoor environments.
(NAMA, No. 14, p. 3) NAMA explained
that BVM manufacturers do not
determine placement of machines;
rather, the customers of the BVM
manufacturer and individual bottlers or
store locations make that determination,
and such information is not shared with
the BVM manufacturer. Id.
Neubauer commented that many
BVMs are placed outdoors in
uncontrolled environments, such that
the previous initial test at 90 °F ambient
temperature was reasonable and sound.
(Neubauer, No. 9, p. 1) Neubauer added
that many customers prefer a colder
drink, especially in hot environments.
Id. Neubauer also commented that
manufacturers make a wide variety of
BVM models and that eliminating the
90 °F condition potentially eliminated a
competitive advantage of manufacturers
who design vending machines
specifically for high ambient conditions.
Neubauer added that requiring the 90 °F
ambient temperature test would
encourage BVM manufacturers to
continue to design these machines
efficiently for their intended use case.
Id.
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While acknowledging that a 90 °F
ambient temperature may represent
certain BVM installations, DOE
recognizes that BVMs may be installed
and operated in a variety of locations
and ambient conditions (including
temperatures significantly lower than
the aforementioned test conditions). In
consideration of these factors, DOE
reiterates and maintains its previous
determination that the existing single
test condition provides for a
representative measurement of energy
use for BVMs and is not unduly
burdensome to conduct. Accordingly, in
this final rule, DOE is not making any
changes to the current requirement to
test under the single ambient test
condition (75 °F and 45 percent relative
humidity), consistent with the test
condition specified in ASHRAE
Standard 32.1–2022.
2. Test Procedure for Combination
BVMs
As described in section III.A of this
document, DOE defines ‘‘combination
BVM’’ as a BVM containing two or more
compartments separated by a solid
partition, that may or may not share a
product delivery chute, in which at least
one compartment is designed to be
refrigerated, as demonstrated by the
presence of temperature controls, and at
least one compartment is not. 10 CFR
431.292. The thermal mass of items
loaded into the non-refrigerated
compartments (or lack of thermal mass
for unloaded compartments) may affect
the measured DEC of combination
BVMs. Section 2.2.1.3 of appendix B
specifies that the non-refrigerated
compartments of combination BVMs
must not be loaded with any standard
products or other vendible merchandise
during testing. Sections 7.2.2.2 and
7.2.2.7 of ANSI/ASHRAE Standard
32.1–2022 require combination BVMs
not to be loaded with any standard
products, test packages, or other
vendible merchandise in the nonrefrigerated compartments.
In the March 2022 NOPR, DOE
requested information on typical loads
for non-refrigerated compartments in
combination BVMs and, if DOE were to
require such loads for testing, the
potential impacts on combination BVM
energy consumption and test burden. 87
FR 18936, 18942.
In response to the March 2022 NOPR,
NAMA commented that many machines
are configured for both ‘‘snacks’’ and
‘‘beverages’’ and agreed that testing or
designing a ‘‘standard’’ thermal mass for
testing non-beverage items is difficult
and would not provide better
information than the test procedure
DOE proposed. (NAMA, No. 14, p. 3)
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NAMA also commented that estimating
the thermal characteristics by using nofilled space for non-beverage materials
is best, and stated that the method
proposed by DOE is a representative,
reasonable, and reproducible approach.
Id.
NAMA also commented that BVM
manufacturers do not dictate what nonbeverage materials are placed into the
machines; rather, placement of nonbeverage materials is dictated by the end
user, and therefore BVM manufacturers
do not have information on this and
would not be able to provide this to
DOE. (NAMA, No. 14, p. 3)
As stated in the March 2022 NOPR,
typical loads for non-refrigerated
compartments can range from small
items with density similar to beverages
(e.g., chocolate bars) to larger lowdensity items (e.g., bags of chips). 87 FR
18936, 18942. Given the wide range of
products stored in non-refrigerated
compartments and BVM manufacturers’
lack of information regarding end users’
products, as stated in NAMA’s
comment, DOE has not identified a
typical representative load for these
compartments. Additionally, DOE
acknowledges that loading 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 and
has determined that requiring such a
load would introduce additional test
burden compared to the existing
unloaded approach. In consideration of
these factors, DOE has determined that
the current test procedure provides a
representative, repeatable, and
reproducible approach for testing
combination BVMs while minimizing
test burden. Accordingly, DOE is not
requiring a load in non-refrigerated
compartments, consistent with the
proposed approach in the March 2022
NOPR.
3. Characteristics of the Standard
Product
Section 2.2.1.4 of appendix B
specifies the standard products to be
used for testing, which include the
following: 12-ounce aluminum beverage
cans filled with a liquid with a density
of 1.0 grams per milliliter (g/mL) ±0.1 g/
mL at 36 °F; or, for product storage racks
that are not capable of vending 12-ounce
cans but are capable of vending 20ounce 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
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bottles, the packaging and contents
specified by the manufacturer in
product literature (i.e., the specific
merchandise the refrigerated bottled or
canned beverage vending machine is
designed to vend).
In the March 2022 NOPR, DOE
discussed its previous considerations of
other standard products that could
potentially be defined, including
slimline cans, milk cartons, aseptic
packs, pouches, and energy drinks.
Having not received comment on this
topic in response to the May 2021 RFI,
DOE did not propose any changes in the
March 2022 NOPR to the current test
procedure standard packages of 12ounce cans, 20-ounce bottles, or the
packaging and contents specified by the
manufacturer in product literature,
depending on the BVM vending
capability. 87 FR 18936, 18942. DOE
also did not receive any comment in
response to the March 2022 NOPR on
this topic.
Additionally, certain BVMs are
marketed to vend both beverages and
food but do not contain a solid partition
that separates the shelves or
compartments intended for refrigerated
bottled or canned beverages from those
intended for other merchandise. Section
2.2.1.4 of appendix B specifies that if
the non-beverage shelves of these BVMs
are not capable of vending 12-ounce
cans or 20-ounce bottles, the standard
product for testing is the packaging and
contents specified by the manufacturer
in product literature.
In the March 2022 NOPR, DOE
discussed that for non-beverage shelves,
manufacturers do not always specify the
packaging and contents of the
merchandise to be loaded. 87 FR 18936,
18942. Additionally, DOE discussed
that measuring temperature at the center
of mass of non-liquid merchandise
packaging would provide unique
challenges compared to liquid
containers (e.g., measuring the center of
mass of a bag of chips). Id.
In the March 2022 NOPR, DOE
tentatively determined that it could not
identify a representative non-beverage
test load because of the wide range of
merchandise that could be loaded in
non-beverage shelves. Additionally,
DOE stated that it expects that
measuring the temperatures of nonbeverage standard packages would be
difficult to do repeatably and
reproducibly (i.e., measuring the
temperature in food packaging rather
than in a liquid) and would increase test
burden. Id. at 87 FR 18942–18943. To
ensure that BVMs with non-beverage
merchandising shelves are tested
consistently and in a representative
manner while limiting test burden, DOE
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proposed to specify in a new section
2.2.1.1 of appendix B that shelves
within the refrigerated compartment
that are only for non-beverage
merchandise must not be loaded for
testing. DOE stated that it expects that
manufacturers may already use this
approach for testing shelves that cannot
accommodate any beverage containers
(i.e., it is unclear how manufacturers
currently test such BVMs, and DOE has
not received any petitions for waiver
regarding this issue). DOE also stated
that it does not expect that this proposal
would result in any cost impacts for
BVM manufacturers. Id.
DOE requested comment on the
proposal to specify that non-beverage
merchandise shelves not be loaded for
testing BVMs. Id. DOE also sought
information on how such models are
currently tested and on whether this
proposal would impact current BVM
ratings or test burden. Id.
NAMA stated that the packaging and
contents of merchandise to be loaded in
combination machines is the decision of
the end user. (NAMA, No. 14, p. 3)
NAMA agreed with DOE’s assertion that
it would be very difficult to design a
uniform non-beverage food material for
testing and supported DOE’s proposal
that the non-beverage areas be left
empty for testing. Id.
In this final rule, DOE has determined
that it cannot identify a representative
non-beverage test load because of the
wide range of merchandise that could be
loaded in non-beverage shelves.
Additionally, DOE has determined that,
at this time, measuring the temperatures
of non-beverage standard packages (i.e.,
measuring the temperature in food
packaging rather than in a liquid) would
be difficult to do repeatably and
reproducibly and would increase test
burden. To ensure that BVMs with nonbeverage merchandising shelves are
tested consistently and in a
representative manner while limiting
test burden, DOE is specifying in a new
section 2.2.1.1 of appendix B that
shelves within the refrigerated
compartment that are reserved only for
non-beverage merchandise must not be
loaded for testing, consistent with the
proposal in the March 2022 NOPR. As
discussed, DOE expects that
manufacturers may already use this
approach for testing shelves that cannot
accommodate any beverage containers
and that this amendment will not result
in any cost impacts for BVM
manufacturers. For shelves within the
refrigerated compartment that are for
beverage merchandise, DOE is not
making any changes in this final rule to
the current standard package
requirements.
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Section 2.2.1.4 of appendix B requires
that the standard product 12-ounce cans
or 20-ounce bottles be filled with liquid
with a density of 1.0 g/mL ±0.1 g/mL at
36 °F, whereas ANSI/ASHRAE Standard
32.1–2022 requires the beverage
temperature test packages to be filled
with a 33 percent propylene glycol and
67 percent water solution. ANSI/
ASHRAE Standard 32.1–2022 does not
specify whether these glycol and water
percentages are based on weight or
volume.
In the March 2022 NOPR, DOE noted
the use of a propylene glycol solution in
other test procedures, such as for testing
commercial refrigeration equipment.12
87 FR 18936, 18943. Commercial
freezers are by definition capable of
operating below 32 °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. DOE
discussed in the March 2022 NOPR that
the potential for a phase change in the
test solution introduces test variability,
as solid and liquid water have different
heat transfer properties, and if the phase
change occurs during a test, the
measured temperature during the phase
change may not represent actual storage
temperatures. Id.
In the March 2022 NOPR, DOE further
stated that 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. Id. As a
result, DOE tentatively determined that
specifying an alternative propylene
glycol solution for testing BVMs would
not be likely to reduce test variability,
as is the case when testing other types
of equipment at temperatures below the
freezing point of water. Id. Additionally,
DOE tentatively determined that
requiring the use of a propylene glycol
solution would increase test burden
compared to the existing test approach,
which allows more flexibility and does
not require the preparation of a test
solution. Id. For these reasons, DOE
tentatively determined to maintain the
existing test procedure provisions
regarding the specifications of the
standard product. Id.
In response to the March 2022 NOPR,
NAMA commented that other ASHRAE
12 See 10 CFR part 431, subpart C, appendix B,
which incorporates by reference ANSI/ASHRAE
Standard 72–2005 (ANSI/ASHRAE 72–2005),
‘‘Method of Testing Commercial Refrigerators and
Freezers.’’ Section 6.2.1 of ANSI/ASHRAE 72–2005
specifies the use of propylene glycol solution in test
simulators.
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standards (e.g., ASHRAE 72) use the
percentage of propylene glycol and
water by volume, not by weight, and
that for consistency, the BVM test
procedure should also use measurement
by volume. (NAMA, No. 14, p. 4)
NAMA also commented that specifying
an alternative propylene glycol solution
for testing BVMs is not likely to reduce
test variability, as might be the case
when testing materials at or below
freezing, and stated that further
clarification is not necessary. Id.
Based on consideration of these
comments in response to the March
2022 NOPR, DOE has determined that
specifying an alternative propylene
glycol solution for testing BVMs is not
likely to reduce test variability, as is the
case when testing other types of
equipment at temperatures at or below
the freezing point of water, and would
increase test burden compared to the
existing test approach. Regarding
NAMA’s concern that the percentage of
propylene glycol and water should be
measured by volume, not weight, the
test procedure as finalized in this
document does not require the use of a
propylene glycol mixture. In summary,
for the reasons discussed here and in
the March 2022 NOPR, DOE has
determined to maintain the existing test
procedure provisions regarding the
specifications of the standard product as
proposed in the March 2022 NOPR.
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4. Lowest Application Product
Temperature
Section 2.1.1 of appendix B requires
that the 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 LAPT.
DOE’s compliance certification
database (CCD) 13 lists all BVM models
certified to DOE, including the LAPT
used for rating each model, if
applicable. Of the 148 individual
models included in the CCD at the time
of this analysis, 6 individual models
(representing 2 basic models) from one
manufacturer are rated at LAPTs ranging
from 37.9 °F to 38.5 °F. Additional
models had previously been certified to
DOE (but are not included in the current
CCD) as being rated at an LAPT below
the 36 °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,
13 Available at www.regulations.doe.gov/
certification-data.
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indicating that those BVMs could not
operate at 36 °F ±1 °F.
In the March 2022 NOPR, DOE
acknowledged that the current LAPT
provisions result in some BVMs being
tested at a higher temperature than
those capable of maintaining the
required test IAT. 87 FR 18936, 18943.
However, for BVMs not capable of
operating with temperatures of 36 °F
±1 °F, the LAPT test provisions are
representative of the actual operation of
those models. Id. Accordingly, the
LAPT test provisions measure the
energy use of those BVMs during a
representative average use cycle or
period of use as required by EPCA. (42
U.S.C. 6293(b)(3)) Additionally, any
models tested and rated under the LAPT
provisions are identified in DOE’s CCD,
along with the actual IAT maintained
during testing for those models, so that
such information is available to
customers making purchasing decisions.
Id.
Therefore, in the March 2022 NOPR,
DOE tentatively determined to maintain
the current LAPT provisions and
proposed adding an additional
provision for testing BVMs that are only
capable of maintaining temperatures
below the 36 °F ±1 °F range. 87 FR
18936, 18943. For these units, DOE
proposed to test at the highest
thermostat setting. Id. This would allow
for testing the BVM under the setting
closest to the required IAT. Id. DOE
proposed to amend the definition of
‘‘lowest application product
temperature’’ in section 1.2 of appendix
B as follows:
(a) For units that operate only at
temperatures above the integrated
average temperature specified in Table 1
of ANSI/ASHRAE Standard 32.1–2022:
The lowest integrated average
temperature a given basic model is
capable of maintaining so as to comply
with the temperature stabilization
requirements specified in section 7.2.2.2
of ANSI/ASHRAE Standard 32.1–2022.
(b) For units that operate only at
temperatures below the integrated
average temperature specified in Table 1
of ANSI/ASHRAE Standard 32.1–2022:
The highest integrated average
temperature a given basic model is
capable of maintaining so as to comply
with the temperature stabilization
requirements specified in section 7.2.2.2
of ANSI/ASHRAE Standard 32.1–2022.
Id.
DOE requested comment on its initial
determination to maintain the existing
LAPT approach for units that operate
only at temperatures above 36 °F ±1 °F.
87 FR 18936, 18944. DOE also requested
comment on its proposal to require
testing at the highest IAT a given basic
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28389
model is capable of maintaining for
units that are only capable of operating
at temperatures below 36 °F ±1 °F. Id.
In response to the March 2022 NOPR,
NAMA agreed with DOE’s proposal to
maintain the current LAPT provisions
and to require testing at the highest
thermostat setting for BVMs that are
only capable of maintaining
temperatures below the 36 °F range.
(NAMA, No. 14, p. 4)
The Joint Commenters supported
DOE’s proposed provisions for testing
units only capable of operating below
36 °F ±1 °F at their highest thermostat
setting, as well as DOE’s proposal to
update the definition of LAPT to
include this situation. Regarding DOE’s
proposal to maintain the current test
provisions for units only capable of
operating at temperatures above 36 °F
±1 °F, the Joint Commenters expressed
concern that units tested at operating
temperatures above the specified test
temperature, thus consuming less
energy (i.e., by cooling to a higher
temperature), can more easily comply
with the energy conservation standards.
The Joint Commenters encouraged DOE
to consider defining a separate category
for BVMs only capable of operating at
temperatures above 36 °F ±1 °F and to
establish a separate test temperature for
such units. (Joint Commenters, No. 13,
p. 1)
Regarding the concerns expressed by
the Joint Commenters about units that
operate only at temperatures above 36 °F
±1 °F, as discussed previously, the LAPT
test provisions produce test results that
are representative of the actual
operation of such models. Accordingly,
the LAPT test provisions measure the
energy use of those BVMs during a
representative average use cycle or
period of use as required by EPCA. (42
U.S.C. 6293(b)(3)) DOE considers
equipment class definitions and the
applicability of any energy conservation
standards to each defined class as part
of separate energy conservation
standards rulemakings.14 For the
reasons discussed previously in this
final rule and in the March 2022 NOPR,
DOE is maintaining the existing LAPT
approach for units that operate only at
temperatures above 36 °F ±1 °F and
amending the definition of LAPT to
more explicitly address such units, as
proposed in the March 2022 NOPR.
For BVMs that are only capable of
maintaining temperatures below 36 °F
±1 °F, DOE is adopting the provisions
proposed in the March 2022 NOPR to
14 DOE is currently conducting an energy
conservation standards rulemaking for BVMs. See
docket number EERE–2020–BT–STD–0014 at
www.regulations.gov.
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require testing such units at the highest
IAT the unit is capable of maintaining
(i.e., the highest thermostat setting) and
to amend the definition of LAPT to
more explicitly address such units.
5. Payment Mechanisms
Section 2.2.5.1 of appendix B requires
testing BVMs with (1) no payment
mechanism in place, (2) the payment
mechanism in place but de-energized, or
(3) the payment mechanism in place but
set to the lowest energy consuming state
if it cannot be de-energized. A default
payment mechanism energy
consumption value of 0.20 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 32.1–2022, payment
mechanisms are required to be
disconnected during testing.
In the July 2015 Final Rule, DOE
determined that because payment
mechanisms are variable and not always
included in the machine at the time of
sale, it is difficult to unambiguously
specify a ‘‘representative’’ payment
mechanism or device combination. 80
FR 45758, 45776. DOE concluded that
conducting physical testing of BVMs
with no payment mechanisms installed,
as opposed to testing with payment
mechanisms in place, is the most
straightforward, repeatable, and
unambiguous approach. Id. Because
payment mechanisms are integral to the
vending function of BVMs, DOE
established the 0.20 kWh/day value
based on a weighted average energy
consumption of 25 different payment
mechanisms available at the time of the
July 2015 Final Rule, which included 11
coin mechanisms, 11 bill validators, and
3 credit card readers. 80 FR 45758,
45777.
In the March 2022 NOPR, based on a
survey of units currently available on
the market, DOE observed that coin and
bill payment mechanisms are typically
included with BVMs as sold or shipped,
but that credit card readers are typically
sold as an optional feature and are sold
separately from BVMs. 87 FR 18936,
18944. DOE also discussed in the March
2022 NOPR a lack of data regarding the
relative use of credit card readers as
compared to coin and bill payment
mechanisms. Id.
As presented in the March 2022
NOPR, DOE conducted a review of
currently available payment
mechanisms to determine whether the
previously derived 0.20 kWh/day
default payment mechanism energy
consumption is appropriate. 87 FR
18936, 18944. DOE reviewed
manufacturer specifications for 3 coin
changers, more than 30 bill validators,
and 2 credit card readers. Id. A
summary of the calculated daily energy
consumptions for each payment
mechanism type based on the
manufacturer specifications is presented
in Table III.I.
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TABLE III.I—PAYMENT MECHANISM ENERGY CONSUMPTION SUMMARY AS PRESENTED IN THE MARCH 2022 NOPR
Payment mechanism type
Average calculated
daily energy
consumption
(kWh/day)
Range of calculated
daily energy
consumption
(kWh/day)
Coin Changer ...................................................................................................................................
Bill Validator .....................................................................................................................................
Credit Card Reader .........................................................................................................................
0.07
0.11
0.10
0.01 to 0.12
0.04 to 0.17
0.07 to 0.12
In the March 2022 NOPR, DOE
tentatively determined that requiring a
payment mechanism included with a
BVM as shipped (i.e., the coin and bill
payment mechanism) to be energized
during testing would provide a more
representative measure of energy use
compared to the current default value
specified in the test procedure. 87 FR
18936, 18944. DOE proposed to amend
the test procedure to require that if a
BVM is shipped with coin and/or bill
payment mechanisms in place, the
payment mechanisms shall be energized
during testing, but not until the
compliance date of any amended energy
conservation standards. Id. Because
credit card readers are more likely to be
optional features or sold separately,
DOE proposed to maintain the existing
approach for testing in which (1) credit
card payment mechanisms would be
disconnected or de-energized if possible
or (2) credit card payment mechanisms
would remain in place but set to the
lowest energy consuming state if they
cannot be de-energized. 87 FR 18936,
18944–18945. To account for the
possibility that a BVM may be shipped
with no payment mechanism in place,
DOE proposed to maintain the 0.20
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kWh/day energy use adder to represent
the energy consumption of a payment
mechanism during representative use.
87 FR 18936, 18945.
DOE requested comment on its
proposal to require testing with coin
and bill payment mechanisms energized
if they are included in the BVM as
shipped. 87 FR 18936, 18945. DOE also
requested comment on whether this
approach would result in any additional
test burden. Id. DOE additionally
requested comment on its proposal to
require that any credit card payment
mechanisms for testing be disconnected
or de-energized, if possible, or in place
but set to the lowest energy consuming
state if they cannot be de-energized. Id.
DOE further requested information on
the continued use of the 0.20 kWh/day
energy use adder for BVMs shipped
with no coin or bill payment
mechanisms in place. Id. DOE also
requested comment on the proposal not
to require the use of these amendments
until the compliance date of any future
amended energy conservation standards
for BVMs. Id.
The Joint Commenters supported
DOE’s proposed provisions relating to
bill and coin payment mechanisms but
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expressed concern that the energy
consumed by credit card readers would
not be captured through direct testing
nor accurately captured through the
application of the 0.2 kWh power adder.
(Joint Commenters, No. 13, p. 1–2) The
Joint Commenters encouraged DOE to
extend its proposal to all types of
payment mechanisms shipped with
BVMs and require credit card readers to
be energized during testing if they are
sold with the models. Id.
NAMA commented that its survey
showed the percentage of machines
shipped with payment systems ranged
from 5 to 98 percent by manufacturer.
(NAMA, No. 14, p. 4) NAMA added that
some manufacturers ship 80 to 98
percent of units with a payment system,
while other manufacturers ship far
fewer units with payment systems,
instead allowing the customer to add a
payment system later. Id. NAMA further
commented that there can be multiple
coin, bill, and credit card readers for
each model of each machine. (NAMA,
No. 14, p. 5) NAMA added that for
machines shipped with a payment
system, DOE’s proposal would require
creating a matrix of multiple machine
types to be tested with multiple
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payment types by multiple
manufacturers of the payment systems.
Id. NAMA also commented that new
technologies are regularly entering the
market, and that many BVMs must
incorporate cell phone payment, credit
card chip pass-by systems, and
telemetry systems. Id. NAMA added
that BVM manufacturers often receive a
new payment system from a customer
shortly before production and asserted
that DOE’s proposal would require
production of BVMs to be put on hold
until energy testing of such new
payment systems is completed. Id.
NAMA disagreed with DOE’s estimate
of the cost of testing for different
payment mechanisms. (NAMA, No. 14,
p. 9) NAMA stated that the cost is much
higher than $8,300 per basic model. Id.
In addition, NAMA noted that each time
a manufacturer seeks to make a change
that in any way affects the energy use
of the machine, it would necessitate the
entire matrix of tests with every possible
combination of payment mechanisms.
Id. Lastly, NAMA added that
substantive changes to the major energyusing components of a BVM (e.g., new
compressor, new condenser, new
evaporator) necessitate a complete
review by the safety certification
organization; that the cost of such a
retest is far more than DOE’s estimate
and could take 3 months or more; and
that DOE did not include safety
recertification in its estimated cost of
testing. Id.
NAMA commented that testing
multiple combinations would be
onerous, and stated that while NAMA
would agree using an automatic 0.20
kWh/day factor may not be the most
accurate in all cases, the current use of
this factor is better than requiring
hundreds of hours of laboratory testing
for the sake of a fraction of a kWh/day
difference. (NAMA, No. 14, p. 5) In
response to DOE’s statement that
manufacturers would not be required to
retest or recertify BVMs because of the
proposed payment mechanism approach
until the new standard is effective,
NAMA asserted that manufacturers
would have to engage in considerable
testing before and after the new test
procedure becomes required. (NAMA,
No. 14, p. 6) NAMA commented that all
of the additional testing described in
their comment seems unnecessary with
regard to a difference in energy use of
0.003 kWh/day. Id.
DOE has further considered its
approach regarding payment
mechanisms based on these comments
and additional analysis and review of
the data and information presented in
the March 2022 NOPR. The available
information demonstrates that a wide
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(and growing) variety of payment
systems is currently available on the
market; the most common scenario is for
the payment mechanism to be specified
(and in some cases, provided) by the
customer; and the customer may decide
whether to have the payment
mechanism installed by the BVM
manufacturer at the time of sale. DOE
has further analyzed the energy use data
presented in the March 2022 NOPR and
has concluded that the difference in
energy use between types of payment
mechanisms (e.g., generally less than 0.1
kWh/day) is a small fraction of the
measured daily energy consumption of
the BVM as currently tested (e.g.,
ranging from 2.2 to 4.9 kWh/day for
models currently listed in DOE’s CCD).
DOE also notes that the combined
average calculated daily energy use of a
coin changer and bill validator as
presented in Table III.I (i.e., 0.18 kWh/
day)—which represents a typical
combination of payment mechanisms
available on BVMs—closely matches the
default adder (0.20 kWh/day). DOE has
also further considered the additional
test burden that could result from
requiring a payment mechanism that is
included with the BVM as shipped to be
energized during testing, as suggested
by commenters.
Based on these considerations, DOE
has determined that requiring a
payment mechanism to be energized
during testing if it is included with a
BVM as shipped may not necessarily
provide a more representative measure
of energy use compared to the current
test method, and that any improvement
in representativeness resulting from
such a requirement would be
outweighed by the additional test
burden that may be required, as
described in stakeholder comments.
Therefore, in this final rule, DOE is not
amending the test provisions with
regard to payment mechanisms as it
proposed to do in the March 2022
NOPR. Instead, DOE has determined to
maintain the current test provisions,
which specify a default 0.2 kWh/day
adder.
6. Low Power Modes
Appendix B incorporates definitions
and test requirements for two types of
low power modes: 15 accessory low
power mode and refrigeration low
power mode. Section 7.2.2.6.2 of ANSI/
ASHRAE Standard 32.1–2022 requires
15 ‘‘Low power mode’’ means a state in which a
BVM’s lighting, refrigeration, and/or other energyusing systems are automatically adjusted (without
user intervention) such that they consume less
energy than they consume in an active vending
environment. See section 1.2 of appendix B.
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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 historical
sales and traffic data to predict times of
high and low traffic; however, DOE did
not propose a test procedure for such
controls, determining that it would be
difficult to develop a repeatable test
procedure to evaluate the energy savings
of such controls during a 24-hour test in
a laboratory. Id.
In the March 2022 NOPR, DOE
described its expectation that the
impacts of any learning-based controls
would vary based on specific field
installation and usage scenarios. 87 FR
18936, 18945. DOE stated that it was not
aware of, and interested parties had not
previously provided, any data that
could be used to determine the impacts
of learning-based controls on energy use
(e.g., by increasing the amount of time
spent in either accessory low power
mode or refrigeration low power mode
rather than vending mode). Id. DOE also
tentatively maintained its prior
determination that it would be difficult
to develop a repeatable and
reproducible test procedure to evaluate
the energy savings of such controls
during a 24-hour test in a laboratory. Id.
For these reasons, DOE did not propose
to account for ‘‘learning-based’’ controls
in the test procedure. Id. DOE
tentatively determined to continue
accounting for operation in accessory
low power mode and refrigeration low
power mode, as described in the
following sections. Id.
NAMA commented that it disagrees
with a comment submitted by the
Appliance Standards Awareness Project
(ASAP) and Natural Resources Defense
Council (NRDC) in response to the May
2021 RFI that asserted that maintaining
the provisions for low power mode
testing, which are not included in
ANSI/ASHRAE 32.1–2017, would
incentivize manufacturers to
incorporate more energy management
controls to reduce energy consumption.
(NAMA, No. 13, pp. 2–3; see also ASAP
and NRDC, No. 4, p. 1) NAMA stated
that its members are constantly
improving the energy efficiency of
BVMs, and manufacturers will use
energy management controls when the
improvement to efficiency and the cost
are appropriate. Id.
NAMA also stated that it is not
prepared to comment on the energy
benefits of ‘‘learning-based’’ energy
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management controls. (NAMA, No. 14,
p. 6) NAMA commented that this is a
new and changing field and suggested
that DOE not engage in this
investigation at this time, as the
technologies are still unknown. Id.
NAMA added that the impacts of any
learning-based controls would vary
greatly by the specific field installation
and usage scenarios, many of which are
set by the end user, not the BVM
manufacturer. Id.
At this time, DOE remains unaware
of, nor have interested parties provided,
any data that could be used to
determine the impacts of learning-based
controls on energy use (e.g., by
increasing the amount of time spent in
either accessory low power mode or
refrigeration low power mode rather
than vending mode). DOE also
maintains its prior determination that it
would be difficult to develop a
repeatable and reproducible test
procedure to evaluate the energy savings
of such controls during a 24-hour test in
a laboratory. For these reasons, DOE has
determined not to amend the test
procedure to account for ‘‘learningbased’’ controls, consistent with the
March 2022 NOPR. DOE has determined
to continue accounting for operation in
accessory low power mode and
refrigeration low power mode in the test
procedure, as described in the following
sections.
a. Accessory Low Power Mode
Section 1.2 of appendix B defines
accessory low power mode as a state in
which a BVM’s lighting and/or other
energy-using systems are in low power
mode, but not a refrigeration low power
mode. Functions that may constitute an
accessory low power mode may include,
for example, dimming or turning off
lights, while not including adjustment
of the refrigeration system to elevate the
temperature of the refrigerated
compartment(s). Section 2.2.4 of
appendix B states that accessory low
power mode may be engaged for the
final 6 hours of the 24-hour test period
and requires that the BVM be operated
in the lowest energy-consuming lighting
and control settings for testing this
mode. Section 2.2.4 also requires that
any automatic activation of refrigeration
low power modes be prevented during
the accessory low power mode test
period.
The 24-hour test procedure starts after
a BVM achieves stabilization as
determined in vending mode. See
section 2.1.1.1 of appendix B. The test
period ends with 6 hours of operation
in accessory low power mode, a
different operating state than at the start.
Although the refrigeration system and
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cabinet temperatures would likely not
change in accessory low power mode
(because this mode does not include
adjustment of the refrigeration system to
elevate the temperature of the
refrigerated compartment(s)), a transient
recovery period may be required for a
BVM to return to stable operation in
vending mode after 6 hours operating in
accessory low power mode. If such a
recovery period exists, testing the
accessory low power mode during the
middle of the 24-hour test period may
be more representative by capturing any
transition periods between operating
modes.
In the March 2022 NOPR, DOE
discussed its observations from testing
that measured temperatures remain
unchanged during operation in vending
mode and accessory low power mode.
Id. DOE also explained that the existing
test approach limits test burden by
requiring only one operating mode
transition during the 24-hour test
period. Id. Moving the accessory low
power mode operation to a period other
than at the end of the 24-hour test
period may require technicians to
provide additional input to the unit
during the test (i.e., once to enter
accessory low power mode and again to
reenter vending mode), depending on
the BVM’s controls. Id. For these
reasons, DOE did not propose in the
March 2022 NOPR any changes to the
current test procedure approach of
requiring accessory low power mode to
be tested at the end of the 24-hour test
period. Id.
In the March 2022 NOPR, DOE
acknowledged in response to
commenters that BVMs may be used in
a variety of locations and that the actual
duration of accessory low power mode
use will vary based on installation
location. 87 FR 18936, 18946. In the
NOPR preceding the July 2015 Final
Rule, DOE stated that the 6-hour
duration was selected as a
representative length of time for the low
power mode test period based on the
fact it is intended to represent off hours
between periods of vending when the
facility may be closed or have low
occupancy. 79 FR 46908, 46926. While
DOE recognized that there exists a range
of types of low power mode controls
and time periods for which these
controls are enabled, DOE determined
that a timeframe of 6 hours was a
reasonable representation of average
field use. Id.
In the March 2022 NOPR, DOE stated
it was not aware of data indicating that
durations other than the currently
defined 6 hours would be more
representative of typical BVM operation
in accessory low power mode. 87 FR
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18936, 18946. The intent of the
accessory low power mode test period
remains unchanged from the July 2015
Final Rule approach (i.e., representing
off hours between periods of vending
when the facility may be closed or have
low occupancy). Id. Given the lack of
any data supporting a change to this
approach, DOE did not propose any
changes to the 6-hour duration for
accessory low power mode testing. Id.
NAMA commented that it agrees with
DOE’s conclusion not to change the
accessory low power mode testing at
this time. (NAMA, No. 14, p. 6) NAMA
also agreed with DOE that BVMs may be
used in a variety of locations and the
actual duration of the accessory low
power mode will be based on the
installation location as well as the
choice of the customer/user. Id. NAMA
commented that the BVM manufacturer
may not have control over either this
period or the environment, and these
are at the discretion of the customer. Id.
Finally, NAMA commented that the
current method works and that NAMA
believes it is better to establish a clear,
reasonable, and reproducible method
than it is to measure something so
highly variable. Id.
In consideration of these comments,
and lacking any new information that
would contradict DOE’s prior
considerations of this issue, DOE has
determined to maintain the existing
accessory low power mode approach,
consistent with the March 2022 NOPR.
b. Refrigeration Low Power Mode
Section 1.2 of appendix B defines
refrigeration low power mode as a state
in which a BVM’s refrigeration system
is in low power mode because of
elevation of the temperature of the
refrigerated compartment(s). Section
2.3.2.1 of appendix B includes
provisions for confirming the presence
of a refrigeration low power mode,
either through an increase in average
next-to-vend beverage temperature or
lack of compressor operation. Unlike
accessory low power mode, appendix B
does not include a direct test of
refrigeration low power mode. Instead,
BVMs with refrigeration low power
mode receive a 3-percent reduction in
DEC as measured. See section 2.3.2 of
appendix B.
In the July 2015 Final Rule, DOE
determined that a 3-percent energy
reduction was more appropriate than a
physical test of refrigeration low power
mode because refrigeration low power
modes are extremely variable in their
control strategies and operation and
may require instructions from the
manufacturer to accommodate specific
provisions of a physical test. 80 FR
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45758, 45785. DOE stated that a
physical test would reduce consistency
and repeatability and would make the
method impractical to implement. Id.
DOE established the 3-percent credit
for refrigeration low power mode by
testing several BVMs with this mode.
DOE noted in the July 2015 Final Rule
that this value is an average that is
representative of the common types of
refrigeration low power modes available
in the marketplace. 80 FR 45758, 45786.
In the March 2022 NOPR, DOE did
not propose any changes to the current
refrigeration low power mode and
validation test method. 87 FR 18936,
18946. DOE also tentatively determined
that the challenges of implementing a
refrigeration low power mode test
would remain the same as those
considered in the July 2015 Final Rule.
Id. at 87 FR 18936, 18947. Specifically,
DOE observed that the implementation
of refrigeration low power mode would
depend on the specific control
parameters entered by the user or
installer regarding duration, operating
temperatures, and operation of the
refrigeration system. Id. Additionally,
establishing a consistent, repeatable test
(i.e., measuring refrigeration low power
mode operation over a defined duration
from initiation of the low power mode
until temperature recovery to the
specified test temperature) may require
specific instructions from the
manufacturer to modify the controls in
such a way as to accommodate the
specific requirements of a physical test.
Id. Testing on a consistent basis would
also likely require an iterative process to
identify the appropriate test settings. Id.
Due to the difficulty of accounting for
the wide variety of refrigeration low
power modes in a consistent, fair, and
reasonable manner, as well as the
potential burden of any such test
approach, DOE did not propose any
changes to the current calculation
approach to account for operation in
refrigeration low power mode. Id.
In the March 2022 NOPR, DOE also
did not propose any changes to the 3percent credit as the energy reduction
associated with refrigeration low power
mode. 87 FR 18936, 18947. DOE
acknowledged that the actual energy
impact of refrigeration low power mode
would vary depending on the userspecified control parameters for that
mode, including duration and
temperature settings or refrigeration
system control. Id. The investigative
testing used to determine the 3-percent
credit assumed 6 hours of operation in
refrigeration low power mode, including
the time needed for temperature
recovery. 79 FR 46908, 46925–46926.
DOE did not propose any changes to the
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6-hour test period for accessory low
power mode, and therefore is
maintaining the estimate of refrigeration
low power mode impact based on that
same duration. Id.
In the March 2022 NOPR, DOE
requested comment on its initial
determination to maintain the existing
calculation approach to account for
operation in refrigeration low power
mode. 87 FR 18936, 18947. DOE
continued to seek information and data
on whether the assumed operating
period (6 hours) and corresponding
energy consumption impact (3 percent)
are appropriate for BVMs operating in
refrigeration low power mode. Id.
NAMA commented that it did not
believe any amendments were necessary
for the definition of refrigeration low
power mode. (NAMA, No. 14, p. 7)
NAMA added that it was not aware of
any other refrigeration low power mode
that cannot meet the definition or
validate the test method. Id.
NAMA also commented in response
to DOE’s questions of whether a
physical test to account for low power
mode is feasible and what burden
would be associated, stating it did not
believe a physical test was necessary,
and any such test would be a significant
burden to manufacturers. (NAMA, No.
14, p. 7) NAMA stated that there are
many such low power modes for
refrigeration based on end customer use,
not necessarily by the BVM
manufacturer. Id. NAMA agreed with
DOE that the challenges of
implementing a refrigeration low power
mode test remain the same as in 2015.
Id.
NAMA further commented that
manufacturers do not own the
equipment in the field and often have
no contact with the machines once
placed in the field. NAMA stated that
from what little information it has, the
3-percent credit and the 6-hour low
power mode test period are reasonable,
approximate the current status, and are
as accurate as possible at this time.
(NAMA, No. 14, p. 7) NAMA also noted
that some of the commenters stated that
the 3-percent credit might be inhibiting
to technology, and that NAMA members
do not agree with this assessment.16 Id.
In consideration of these comments,
and lacking any new information that
would contradict DOE’s prior
considerations of this issue, DOE is
maintaining the existing test procedure
16 NAMA did not specify the commenters
referenced, but DOE expects that NAMA is
referencing the comment from ASAP and NRDC
that stated that the 3-percent credit may be
inhibiting further improvements by failing to
differentiate between refrigeration low power mode
control strategies. (ASAP and NRDC, No. 4, p. 1)
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provisions and 3-percent energy credit
for refrigeration low power mode,
consistent with the March 2022 NOPR.
7. Reloading and Recovery Periods
The existing DOE test procedure
considers BVM performance only
during stable operation (including any
operation in accessory low power
mode). During typical use, BVMs are
regularly opened and restocked with
warmer beverages. DOE discussed in the
March 2022 NOPR that accounting for
BVM energy use during restocking
periods and the subsequent product
temperature recovery periods may better
represent the actual energy use of BVMs
during normal operation. 87 FR 18936,
18947.
As stated in section III.B of this
document, ANSI/ASHRAE Standard
32.1–2022 provides an additional
recovery test to determine the
temperature recovery time of the BVM
when loaded with product at a certain
temperature, whereas appendix B
contains no such test. This recovery test
does not include a measurement of the
corresponding energy consumption.
Table 2 in ANSI/ASHRAE Standard
32.1–2022 specifies the reloaded sealed
beverage temperature, 90 °F, and the
final, instantaneous average next-tovend beverage temperature, 40 °F, for
the recovery test. Additionally, Table 4
in ANSI/ASHRAE Standard 32.1–2022
lists the door-open durations, between
10 and 20 minutes, required during the
recovery test while reloading the BVM.
DOE also discussed in the March 2022
NOPR that based on typical operating
descriptions provided in vending
industry websites,17 DOE expected that
BVM restocking events are relatively
infrequent, on the order of once per
week, while the remainder of BVM
operating time is spent in stable
operation. Id. DOE tentatively
determined that the current test
procedure based on stable operation
measures energy consumption during a
representative average use cycle or
period of use and therefore did not
propose any additional testing to
account for reloading events. Id.
In response to the March 2022 NOPR,
NAMA commented that the current
appendix B does not contain a
temperature recovery period. (NAMA,
No. 14, pp. 7–8) NAMA stated that
while machine manufacturers do not
have daily contact with machines once
in the field, from what NAMA can tell
17 See www.vendnetusa.com/blogs/news/howoften-should-you-restock-your-vending-machines?_
pos=1&_sid=bc71729a1&_ss=r and
www.vendnm.com/often-restock-inspect-vendingmachine/, both of which refer to restocking once
per week.
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BVM restocking does not represent
significant change in yearly energy
consumption. Id. NAMA agreed with
DOE’s assertion that restocking appears
to be relatively infrequent, on the order
of once a week. Id. NAMA also stated
that an additional test for these
characteristics is not needed nor
reasonable. Id.
The Joint Commenters encouraged
DOE to investigate units that may have
frequent door openings and to consider
test procedure amendments for this type
of product. (Joint Commenters, No. 13,
p. 2) The Joint Commenters specifically
described what appears to be a reach-in
style unit on the market that is designed
so that users open the door to reach in
and obtain the beverage product, instead
of the product being vended from a
chute.18 Id. The Joint Commenters
stated that with such a design, the
current and proposed test procedures
would not capture door openings, likely
underestimating the energy
consumption. Id.
With regard to the specific reach-in
style unit described by the Joint
Commenters, DOE has determined that
while this unit appears to contain a
payment mechanism, the design and
function of the unit appears to meet the
definition of a commercial refrigerator,
freezer, and refrigerator freezer at 10
CFR 431.62 and does not meet the
definition of a refrigerated bottled or
canned beverage vending machine at 10
CFR 431.292.
In consideration of these comments
and lacking any new information that
would contradict DOE’s prior
considerations of this issue, DOE has
determined to maintain the current test
procedure without any reloading or
recovery period requirements,
consistent with the March 2022 NOPR.
8. Refrigerant Leak Mitigation Controls
The current BVM test procedure
requires that, unless specified
otherwise, all standard components that
would be used during normal operation
of the basic model in the field and are
necessary to provide sufficient
functionality for cooling and vending
products in field installations (i.e.,
product inventory, temperature
management, product merchandising
(including, e.g., lighting or signage),
product selection, and product transport
and delivery) shall be in place during
testing and shall be set to the maximum
energy-consuming setting if manually
adjustable. See section 2.2.5 of appendix
B. Appendix B further requires that
18 See www.buyvending.com/shop/new-vendingmachines/drink-vending-machines/piranha-g525drink-vending-machine-cashless/.
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components not necessary for the
inventory, temperature management,
product merchandising (e.g., lighting or
signage), product selection, and 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, particularly in conjunction with
flammable refrigerants. In a final rule
published April 10, 2015, the
Environmental Protection Agency listed
propane (R–290), isobutane (R–600a),
and the hydrocarbon blend R–441A as
acceptable refrigerants for use in BVMs,
subject to a 150-gram charge limit per
refrigeration circuit and other safety
measures to address flammability. 80 FR
19454, 19491. Due to the flammability
of these refrigerants, BVMs using
hydrocarbon refrigerants may need to
implement additional controls and
components to mitigate the risk of
ignition from any potential refrigerant
leaks. The need for such controls also
may vary depending on the intended
installation location for BVMs.
To the extent that leak mitigation
controls on a particular BVM are a usercontrollable accessory (i.e., if they can
be turned off), such a BVM would be
able to provide product inventory,
temperature management, product
merchandising, product selection, and
product transport and delivery without
the leak mitigation controls functioning,
in which case such controls would be
de-energized for testing pursuant to the
requirements of section 2.2.5 of
appendix B. However, if the leak
mitigation controls are permanently
operational and cannot be adjusted by
the user, section 2.2.5 of appendix B
requires that such controls be operated
in their normal setting during testing.
DOE tentatively determined in the
March 2022 NOPR that although section
2.2.5 of appendix B currently addresses
the use of refrigerant leak mitigation
controls during testing, further
specification may help ensure
reproducible testing. 87 FR 18936,
18948. DOE therefore proposed to
amend the test procedure to provide
specific instructions regarding the use of
refrigerant leak mitigation controls
consistent with the current
requirements in appendix B. Id.
Specifically, DOE proposed in the
newly added section 2.2.5.11 of
appendix B that if the use of refrigerant
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leak mitigation controls is a usercontrolled function (e.g., if the use of
the controls are optional and intended
only for specific installations), the
controls would be de-energized or in
their lowest energy consuming state
during testing. Id. If refrigerant leak
mitigation controls are not user
controlled and are always operational,
DOE proposed that the controls would
be operational for testing. Id.
In the March 2022 NOPR, DOE
acknowledged that the investigative
work regarding refrigerant leak
mitigation is ongoing; however, DOE
stated that if refrigerant leak mitigation
controls always operate and cannot be
de-energized by the user, accounting for
the energy use of such controls would
ensure that the DOE test procedure
measures energy consumption during a
representative average use cycle or
period of use as required by EPCA. 42
U.S.C. 6293(b)(3); 87 FR 18936, 18948.
As discussed in the March 2022
NOPR, the proposed instructions
regarding refrigerant leak mitigation
controls are consistent with the current
requirements in section 2.2.5 of
appendix B, therefore, DOE did not
expect the proposed amendments to
affect current BVM ratings or result in
any additional testing costs. 87 FR
18936, 18948. DOE requested comment
on the proposed instructions regarding
refrigerant leak mitigation control
settings for BVM testing. Id.
Specifically, DOE requested information
regarding how such controls are
currently or expected to be
implemented in BVMs, including
whether the controls can be controlled
by the user. Id.
In the NOPR public meeting, AHRI
described the complexity of refrigerant
transitions with respect to timing and
stated that it would be helpful for DOE
to coordinate with other agencies on
this matter. (AHRI, Public Meeting
Transcript, No. 12, pp. 18–20) AHRI
specifically mentioned the need for
building codes to be in place in order to
use new refrigerants (e.g., R–290). Id.
In response to the March 2022 NOPR,
NAMA commented that its members
have been working for more than 5 years
to adopt new lower global warming
potential (GWP) refrigerants. (NAMA,
No. 14, p. 8) NAMA further commented
that in 2021, DOE requested information
on additional equipment or controls that
manufacturers might need to mitigate a
leak situation, and that in 2021 NAMA
was engaged with Oak Ridge National
Laboratory and DOE in a Cooperative
Research and Development Agreement
(CRADA). (NAMA, No. 14, p. 8) NAMA
noted that the COVID–19 pandemic
caused many delays in the CRADA,
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resulting in delayed and reduced
testing. Id. NAMA commented that an
interim report issued at the end of 2021
showed that an increase in ventilation is
helpful in reducing the concentration
should a leak in the refrigerant system
occur. Id. NAMA commented that
because the new refrigerants are
ASHRAE 34 Class A–3 and considered
flammable, BVM manufacturers must
explore and take steps to reduce the risk
of a leak from the refrigerant system. Id.
NAMA commented that this type of
equipment might need to be energized
in some circumstances to move air all
the time, in addition to controls that
could energize the ventilation
equipment when a leak is discovered.
Id. NAMA stated that a specific,
accurate, reliable refrigerant sensor is
not yet available; therefore, NAMA is
continuing the CRADA in 2022 to
consider other means of sensing a leak.
Id.
NAMA further commented that the
use of additional ventilation, whether
all the time or in a leak scenario, is
important for product and consumer
safety, although at this time NAMA does
not know exactly what these
mechanisms might be. (NAMA, No. 14,
p. 8) NAMA stated that DOE should not
impede technology options by assessing
an ‘‘energy penalty’’ to BVM
manufacturers when the manufacturers
deem it necessary to use such safety
components. Id. NAMA urged DOE not
to include the energy use of these safety
measures, particularly not before results
of the current CRADA are available. Id.
NAMA stated that it is highly unlikely
that leak mitigation components would
be customer controlled if they are used.
Id. NAMA stated that at this time, it is
too early to predict what leak mitigation
controls might be used. Id.
NAMA further stated that it
understands DOE and other branches of
the U.S. Government encourage the use
of low GWP refrigerants and asked that
all measures under the DOE test
procedure not increase the time to adopt
these refrigerants. Id.
In response to the March 2022 NOPR,
the Joint Commenters supported DOE’s
proposed specifications for refrigerant
leak mitigation controls, specifically
commenting that if the refrigerant leak
mitigation controls are always on, they
should be energized and operational for
testing. (Joint Commenters, No. 13, p. 2)
In consideration of the feedback
provided by commenters, DOE has
determined to amend the test procedure
to include additional instructions for
refrigerant leak mitigation controls;
however, DOE has determined to
modify the test procedure provisions as
originally proposed in the March 2022
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NOPR to better address commenters’
concerns that refrigerant leak mitigation
controls are not a consumer-controllable
function. Rather, comments from
stakeholders suggest that refrigerant leak
mitigation controls, if included in a
BVM, would be integral to the function
of the unit.
Therefore, DOE is modifying the
proposed provisions of section 2.2.5.11
of appendix B to more accurately
differentiate between refrigerant leak
mitigation controls that are independent
from the refrigeration or vending
performance of the BVM (rather than
describing such controls as a usercontrolled function, as proposed in the
March 2022 NOPR) from controls that
are integrated into the BVM such that
they cannot be de-energized without
disabling the refrigeration or vending
functions of the BVM or modifying the
circuitry (rather than describing such
controls as not user-controlled and
always operational, as proposed in the
March 2022 NOPR). The finalized
language of section 2.2.5.11 specifies
that for refrigerant leak mitigation
controls that are independent from the
refrigeration or vending performance of
the BVM, such controls must be
disconnected, disabled, or otherwise deenergized for the duration of testing. For
refrigerant leak mitigation controls that
are integrated into the BVM cabinet
such that they cannot be de-energized
without disabling the refrigeration or
vending functions of the BVM or
modifying the circuitry, such controls
must be placed in an external accessory
standby mode, if available, or their
lowest energy-consuming state.
DOE notes that this provision is
similar to DOE’s current test procedure
provisions for external lighting and
displays. Consistent with the March
2022 NOPR, DOE does not expect this
amendment to affect current BVM
ratings or result in any additional
testing costs.
9. Connected Functions
The current DOE test procedure for
BVMs does not include specific test
requirements regarding connected or
smart features, although section 2.2.5 of
appendix B provides instructions
regarding accessories. Section 2.2.5 of
appendix B generally requires all
components necessary to provide
sufficient functionality for cooling and
vending products in field installations
(i.e., product inventory, temperature
management, product merchandising
(including, e.g., lighting or signage),
product selection, and product transport
and delivery) to be in place during
testing and set to the maximum energy
consuming setting if manually
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adjustable. Other components not
necessary for such functionality are deenergized or set to their lowest energyconsuming state.
In the March 2022 NOPR, DOE
discussed that based on a review of
BVMs available on the market, the types
of connected functions identified by
commenters in response to the May
2021 RFI did not appear to be common.
87 FR 18936, 18948–18949.
Additionally, DOE lacked information
on how frequently connected functions
would be used on BVMs. 87 FR 18936,
18949. Without such data, DOE had no
information to suggest that the current
testing approach would produce results
that are unrepresentative of an average
use cycle or period of use. Id. DOE,
therefore, did not propose any changes
to the current test procedure approach
in section 2.2.5 of appendix B as
applicable to connected functions. Id.
As described, the current approach
requires testing with connected
functions energized if they are necessary
to provide sufficient functionality for
cooling and vending products in field
installations. Connected functions that
are not necessary to provide sufficient
functionality for cooling and vending
products in field installations are deenergized or placed in the lowest
energy-consuming state.
In the March 2022 NOPR, DOE
requested comment on its tentative
determination to maintain the existing
test procedure approach in section 2.2.5
of appendix B as applicable to
connected functions. 87 FR 18936,
18949. DOE continued to request
information and data on the prevalence
of connected functions, the BVM
functions associated with them, how
often they are used, and their
corresponding energy use impacts. Id.
NAMA commented that it does not
have additional information on the issue
of connected functions and the energy
impact of these functions at this time.
(NAMA, No. 14, pp. 8–9) NAMA noted
that its industry is in the early phase of
investigating these functions and hopes
to have additional information in future
years. Id.
Lacking any additional information
that would contradict DOE’s prior
considerations of this issue, DOE has
determined to maintain the current test
procedure approach in section 2.2.5 of
appendix B as applicable to connected
functions, consistent with the March
2022 NOPR.
10. Condenser Conditions
In the March 2022 NOPR, DOE
acknowledged that the energy
consumption of BVMs can change over
the lifetime of the equipment due to
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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. 87 FR
18936, 18949. Regarding the specific
topic of condenser coil fouling, DOE
stated that the end user is responsible
for properly maintaining the BVM,
including any condenser cleaning. Id.
Accordingly, DOE did not propose to
amend its test procedure to account for
operation with clogged condensers. Id.
While DOE does not account for
lifetime energy consumption in its BVM
test procedure, it does consider energy
consumption over the lifetime of the
equipment in the analysis conducted in
support of developing potential
amended energy conservation standards
for BVMs. In such an analysis, DOE may
apply adjustment factors to consider
performance degradation over time.
In the March 2022 NOPR, DOE
requested any additional information
and data on how BVM energy
consumption may change over the
lifetime of the equipment. 87 FR 18936,
18949. DOE also requested comment on
whether any performance degradation
occurs consistently for all BVMs, or
whether the impacts vary depending on
equipment type or specific equipment
designs. Id.
NAMA referenced comments
submitted in response to the May 2021
RFI by CoilPod, which questioned
whether it would be possible for the test
procedure to account for the lack of coil
cleanings by BVM users. (NAMA, No.
14, p. 9; see also CoilPod, No. 3, p. 1)
NAMA reiterated that BVM
manufacturers conduct testing for
compliance with DOE standards, but
they do not own the machines once they
are placed in a retail landscape and
have no ability to control whether
cleaning is accomplished or not. Id.
NAMA stated that even if the machine
came back to the manufacturer for
repair, energy testing would not be
performed. Id. NAMA commented that
it is not aware of other electrical
appliances covered by DOE’s standards
program that need to account for
changes in energy use if maintenance is
not performed. Id.
DOE has determined to maintain the
current test procedure and not amend
the test procedure to account for the
performance of the condenser over the
lifetime of a BVM, consistent with the
March 2022 NOPR.
11. Removal of Obsolete Provisions
As discussed in section I.B, appendix
B is required for testing BVMs
manufactured on or after January 8,
2019. As such, appendix A is now
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obsolete for new units being
manufactured. Therefore, in the March
2022 NOPR, DOE proposed to remove
appendix A. 87 FR 18936, 18949. DOE
did not propose to redesignate appendix
B as appendix A in order to avoid
confusion regarding the appropriate
version of the test procedure required
for use. Id.
DOE did not receive comments in
response to this topic and has
determined to remove appendix A as
proposed in the March 2022 NOPR.
DOE has determined not to redesignate
appendix B as appendix A in order to
avoid confusion regarding the
appropriate version of the test
procedure required for use.
Additionally, the introductory note to
appendix B currently explains when
manufacturers are required to use either
appendix A or B for compliance with
energy conservation standards and
representations of energy use. DOE
proposed to amend the introductory
note to remove the obsolete instructions
and to instead provide clarifying
language regarding application of the
payment mechanism provisions, as
discussed in section III.C.5 of this
document. 87 FR 18936, 18949.
DOE did not directly receive
comments on this topic. However, as
discussed in section III.C.5 of this final
rule, DOE is not amending the current
provisions regarding the payment
mechanism adder. Therefore, DOE is not
including clarifying language in the
revised appendix note regarding
application of the payment mechanism
provisions as proposed in the March
2022 NOPR.
D. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impact
In the March 2022 NOPR, DOE
proposed to amend the existing test
procedure for BVMs by referencing the
most recent industry test standard,
providing setup instructions for nonbeverage shelves, updating the LAPT
definition and instructions, requiring
testing of coin and bill payment
mechanisms if shipped with the BVM
(but not until the compliance date of
any amended energy conservation
standards), specifying setup instructions
for leak mitigation controls, and
removing the obsolete appendix A. 87
FR 18936, 18949. DOE tentatively
determined that these proposed
amendments would not impact testing
costs. Id. DOE requested comment on
the tentative determination that
manufacturers would not incur any
additional costs as a result of the
proposed amended test procedure. Id.
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DOE also requested comment on its
estimate of per-test costs, should
manufacturers retest their BVM basic
models to comply with any future
amended BVM energy conservation
standards. Id.
NAMA commented that it believes
several of the changes discussed and
proposed in the NOPR are burdensome
and will not assist DOE in ascertaining
more accurate energy use of BVMs.
(NAMA, No. 14, p. 2)
NAMA commented that at the time of
the May 2021 RFI, the industry was
struggling during the height of the
COVID–19 pandemic. Id. NAMA stated
that many member company businesses
shut down and the entire industry was
trying to survive with factories
shuttered, employees working from
home, and low sales. Id. NAMA
commented that it appreciates DOE’s
understanding that the industry has
faced a tumultuous period and is still
working to return to pre-pandemic
levels. Id.
NAMA commented that it agrees in
principle with having tests for energy
use and energy efficiency when
appropriate, when necessary, and when
limited in scope. (NAMA, No. 14, p. 9)
NAMA noted, however, that many of
the commenters represent organizations
that do not have to spend hundreds of
person-hours every week conducting
tests or incur the cost of using outside
laboratories. Id. NAMA commented that
while it is easy for such organizations to
comment in favor of additional tests,
these additional tests will not bring
more overall accuracy, rather only
additional costs, and will do so when
this manufacturing segment is just
recovering from a period of economic
downturn due to the COVID–19
pandemic. Id.
Other than the proposed amendment
to measure coin and bill payment
mechanisms, the proposals in the March
2022 NOPR were generally consistent
with requirements under the current
DOE test procedure. As discussed in
section III.C.5 of this final rule, DOE is
not amending the test provisions with
regard to payment mechanisms as it
proposed to do in the March 2022
NOPR. Instead, DOE has determined to
maintain the current test provisions,
which specify a default 0.2 kWh/day
adder. As a result, the amendments in
this final rule harmonize with the
industry standard or provide additional
test instructions but do not
substantively change testing as currently
required in appendix B.
As discussed, the amendments
improve the clarity of the DOE test
procedure while not substantively
changing the current test approach. As
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a result, DOE has determined that the
amendments will not result in any
additional costs for manufacturers, and
manufacturers will be able to rely on
data generated under the current test
procedure for BVMs already available
on the market.
2. Harmonization With Industry
Standards
DOE’s established practice is to adopt
relevant industry standards as DOE test
procedures unless such methodology
would be unduly burdensome to
conduct or would not produce test
results that reflect the energy efficiency,
energy use, water use (as specified in
EPCA), or estimated operating costs of
that product during a representative
average use cycle or period of use. 10
CFR 431.4; section 8(c) of appendix A
of 10 CFR part 430, subpart C. In cases
where the industry standard does not
meet EPCA statutory criteria for test
procedures, DOE will make
modifications through the rulemaking
process to these standards as the DOE
test procedure.
As discussed, the test procedure at
appendix B incorporates by reference
ANSI/ASHRAE Standard 32.1–2010.
This standard provides definitions, test
conditions, and test methods for
measuring refrigerated volume and
energy consumption of BVMs. In the
March 2022 NOPR, DOE requested
comments on the benefits and burdens
of the proposed updates and additions
to industry standards referenced in the
test procedure for BVMs. 87 FR 18936,
18950.
DOE did not receive comments in
response to this topic. Consistent with
the March 2022 NOPR, DOE notes that
the BVM test procedure at appendix B
includes a number of deviations to
ANSI/ASHRAE Standard 32.1–2010.
Specifically, appendix B refers only to
certain sections of ANSI/ASHRAE
Standard 32.1–2010, includes additional
definitions, provides detailed setup and
settings instructions, accounts for
operation in low power modes and
payment mechanism energy
consumption, and provides rounding
instructions. These deviations were
established to limit test burden (i.e., by
not requiring additional testing as
specified in ANSI/ASHRAE Standard
32.1–2010), improve representativeness,
and improve repeatability and
reproducibility of the DOE test
procedure as compared to the procedure
in ANSI/ASHRAE Standard 32.1–2010.
Consistent with the March 2022 NOPR
proposals, DOE is amending the test
procedure to incorporate by reference
the most recent version of the industry
standard, ANSI/ASHRAE Standard
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32.1–2022. This version of the standard
addresses certain deviations between
appendix B and ANSI/ASHRAE
Standard 32.1–2010. For other
deviations not addressed in ANSI/
ASHRAE Standard 32.1–2022, DOE has
determined that the existing deviations
in appendix B are necessary and
appropriate.
E. Effective and Compliance Dates
The effective date for the adopted test
procedure amendment will be 30 days
after publication of this final rule in the
Federal Register. EPCA prescribes that
all representations of energy efficiency
and energy use, including those made
on marketing materials and product
labels, must be made in accordance with
an amended test procedure, beginning
180 days after publication of the final
rule in the Federal Register. (42 U.S.C.
6293(c)(2)) EPCA provides an allowance
for individual manufacturers to petition
DOE for an extension of the 180-day
period if the manufacturer may
experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To
receive such an extension, petitions
must be filed with DOE no later than 60
days before the end of the 180-day
period and must detail how the
manufacturer will experience undue
hardship. (Id.)
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Orders
12866,13563, and 14094
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’ as
supplemented and reaffirmed by E.O.
13563, ‘‘Improving Regulation and
Regulatory Review,’’ 76 FR 3821 (Jan.
21, 2011) and E.O. 14094, ‘‘Modernizing
Regulatory Review,’’ 88 FR 21879 (April
11, 2023), requires agencies, to the
extent permitted by law, to (1) propose
or adopt a regulation only upon a
reasoned determination that its benefits
justify its costs (recognizing that some
benefits and costs are difficult to
quantify); (2) tailor regulations to
impose the least burden on society,
consistent with obtaining regulatory
objectives, taking into account, among
other things, and to the extent
practicable, the costs of cumulative
regulations; (3) select, in choosing
among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
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compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public. DOE emphasizes as
well that E.O. 13563 requires agencies to
use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget (OMB) has emphasized that such
techniques may include identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes. For the reasons stated in the
preamble, this final regulatory action is
consistent with these principles.
Section 6(a) of E.O. 12866 also
requires agencies to submit ‘‘significant
regulatory actions’’ to OIRA for review.
OIRA has determined that this final
regulatory action does not constitute a
‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
this action was not submitted to OIRA
for review under E.O. 12866.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(FRFA) for any final rule where the
agency was first required by law to
publish a proposed rule for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003 to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel. DOE reviewed
this final rule under the provisions of
the Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003.
DOE has concluded that this final rule
would not have a significant impact on
a substantial number of small entities.
The factual basis for this certification is
as follows:
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For manufacturers of BVMs, the Small
Business Administration (SBA) has set a
size threshold, which defines those
entities classified as ‘‘small businesses’’
for the purposes of the statute. DOE
used the SBA’s small business size
standards to determine whether any
small entities would be subject to the
requirements of the rule. In 13 CFR
121.201, the SBA sets a threshold of
1,000 employees or fewer for an entity
to be considered as a small business for
this category. The equipment covered by
this rule is classified under North
American Industry Classification
System (NAICS) code 333310,19
‘‘Commercial and Service Industry
Manufacturing.’’
DOE used publicly available
information to identify small businesses
that manufacture BVMs covered in this
rulemaking. DOE identified seven
companies that are original equipment
manufacturers (OEMs) of BVMs covered
by this rulemaking. DOE screened out
companies that do not meet the
definition of a ‘‘small business’’ or are
foreign-owned and operated. DOE
identified three small, domestic OEMs
using subscription-based business
information tools to determine the
number of employees and revenue of
the potential small businesses.
Given that DOE is referencing the
prevailing industry test procedure and
maintaining a test procedure that is
generally consistent with the existing
requirements, DOE has determined the
test procedure in this final rule would
not increase burden for BVM
manufacturers, including small
businesses, or result in manufacturers
needing to rerate BVMs.
Therefore, on the basis of there being
no change in compliance burden, DOE
certifies that this final rule does not
have a ‘‘significant economic impact on
a substantial number of small entities,’’
and that the preparation of a FRFA is
not warranted. DOE transmitted a
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the SBA for review under
5 U.S.C. 605(b).
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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
19 The
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, 2022).
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amendments adopted for those test
procedures. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
BVMs. (See generally 10 CFR part 429.)
The collection-of-information
requirement for the certification and
recordkeeping is subject to review and
approval by OMB under the Paperwork
Reduction Act (PRA). This requirement
has been approved by OMB under OMB
control number 1910–1400. Public
reporting burden for the certification is
estimated to average 35 hours per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
DOE is not amending the certification
or reporting requirements for BVMs in
this final rule. Instead, DOE may
consider proposals to amend the
certification requirements and reporting
for BVMs under a separate rulemaking
regarding appliance and equipment
certification. DOE will address changes
to OMB Control Number 1910–1400 at
that time, as necessary.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE establishes test
procedure amendments that it expects
will be used to develop and implement
future energy conservation standards for
BVMs. DOE has determined that this
rule falls into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, DOE has determined that
adopting test procedures for measuring
energy efficiency of consumer products
and industrial equipment is consistent
with activities identified in 10 CFR part
1021, appendix A to subpart D, A5 and
A6. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
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formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive order also requires agencies to
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE examined this final rule
and determined that it will not have a
substantial direct effect on the States, on
the relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
final rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order
13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
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review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
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G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at
www.energy.gov/gc/office-generalcounsel. DOE examined this final rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
do not apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
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prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE%20Final%20
Updated%20IQA%20Guidelines%20
Dec%202019.pdf. DOE has reviewed
this final rule under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
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28399
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; FEAA) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition.
The modifications to the test
procedure for BVMs adopted in this
final rule incorporates testing methods
contained in certain sections of the
following commercial standards: ANSI/
ASHRAE Standard 32.1–2022, including
reference to AHAM HRF–1–2016. DOE
has evaluated these standards and is
unable to conclude whether they fully
comply with the requirements of section
32(b) of the FEAA (i.e., whether they
were developed in a manner that fully
provides for public participation,
comment, and review.) DOE has
consulted with both the Attorney
General and the Chairman of the FTC
about the impact on competition of
using the methods contained in these
standards and has received no
comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated
by Reference
AHAM HRF–1–2016 is referenced by
ANSI/ASHRAE Standard 32.1–2022 as
the industry-accepted method for
determining refrigerated volume for
BVMs. By reference to ANSI/ASHRAE
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Standard 32.1–2022, the test procedure
adopted in this final rule refers only to
the refrigerated volume section of
AHAM HRF–1–2016. AHAM HRF–1–
2016 can be purchased at
www.aham.org/AHAM/Store.
ANSI/ASHRAE Standard 32.1–2022 is
an industry-accepted test procedure that
measures capacity and efficiency of
BVMs. The test procedure adopted in
this final rule references various
sections of ANSI/ASHRAE Standard
32.1–2022 that address definitions, test
setup, instrumentation, test conduct,
and calculations. ANSI/ASHRAE
Standard 32.1–2022 is readily available
at ANSI’s website at webstore.ansi.org.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects in 10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Energy conservation test
procedures, Incorporation by reference,
Reporting and recordkeeping
requirements.
Signing Authority
This document of the Department of
Energy was signed on April 25, 2023, by
Francisco Alejandro Moreno, Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
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Signed in Washington, DC, on April 25,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends part 431 of
chapter II of title 10, Code of Federal
Regulations as set forth below:
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 431
continues to read as follows:
■
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Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
Appendix A to Subpart Q of Part 431
[Removed and Reserved]
2. 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, the DOE must publish a
document in the Federal Register and
the material must be available to the
public. All approved incorporation by
reference (IBR) material is available for
inspection at DOE, and at the National
Archives and Records Administration
(NARA). Contact DOE at: the U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, 1000
Independence Ave. SW, EE–5B,
Washington, DC 20585, (202) 586–9127,
Buildings@ee.doe.gov, https://
www.energy.gov/eere/buildings/
building-technologies-office. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. The material
may be obtained from the sources in the
following paragraphs of this section:
(b) AHAM. Association of Home
Appliance Manufacturers, 1111 19th
Street NW, Suite 402, Washington, DC
20036; (202) 872–5955; www.aham.org.
(1) AHAM HRF–1–2016, Energy and
Internal Volume of Refrigerating
Appliances, copyright 2016; IBR
approved for appendix B to this subpart.
(2) [Reserved]
(c) ASHRAE. American Society of
Heating, Refrigerating and AirConditioning Engineers, Inc., 1791
Tullie Circle NE, Atlanta, GA 30329;
(404) 636–8400; www.ashrae.org.
(1) ANSI/ASHRAE Standard 32.1–
2022 (ANSI/ASHRAE 32.1), Methods of
Testing for Rating Refrigerated Vending
Machines for Sealed Beverages,
approved December 30, 2022; IBR
approved for § 431.292 and appendix B
to this subpart.
(2) [Reserved]
(d) ASTM. ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; (877)
909–2786; www.astm.org.
(1) ASTM E 1084–86 (Reapproved
2009), Standard Test Method for Solar
Transmittance (Terrestrial) of Sheet
Materials Using Sunlight, approved
April 1, 2009; IBR approved for
§ 431.292.
(2) [Reserved]
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3. Remove and reserve appendix A to
subpart Q of part 431.
■ 4. Appendix B to subpart Q of part
431 is revised to read as follows:
Appendix B to Subpart Q of Part 431—
Uniform Test Method for the
Measurement of Energy Consumption of
Refrigerated Bottled or Canned
Beverage Vending Machines
Note: Manufacturers must use the results of
testing under this appendix to determine
compliance with the relevant standards for
refrigerated bottled or canned beverage
vending machines at 10 CFR 431.296, revised
as of January 1, 2023. Specifically, before
October 31, 2023, representations must be
based upon results generated either under
this appendix as codified on June 5, 2023, or
under 10 CFR part 431, subpart Q, appendix
B, revised as of January 1, 2023. Any
representations made on or after October 31,
2023, must be made based upon results
generated using this appendix as codified on
June 5, 2023.
0. Incorporation by Reference
DOE incorporated by reference in § 431.293
the entire standard for AHAM HRF–1–2016
and ANSI/ASHRAE Standard 32.1–2022;
however, only enumerated provisions of
those documents are applicable to this
appendix as follows:
0.1. AHAM HRF–1–2016
(a) Section 4, ‘‘Method for Computing
Refrigerated Volume of Refrigerators,
Refrigerator-Freezer, Wine Chillers, and
Freezers’’ as referenced in section 3.1 of this
appendix.
(b) Reserved.
0.2. ANSI/ASHRAE Standard 32.1–2022
(a) Section 3, ‘‘Definitions,’’ as referenced
in section 1 of this appendix.
(b) Section 4, ‘‘Instruments,’’ as referenced
in section 2 of this appendix.
(c) Section 5, ‘‘Vending Machine
Capacity,’’ and Normative Appendix C,
‘‘Measurement of Volume,’’ as referenced in
sections 2 and 3.1 of this appendix.
(d) Section 6, ‘‘Test Conditions,’’ as
referenced in section 2 of this appendix.
(e) Section 7.1, ‘‘Test Procedures—General
Requirements’’ (except Section 7.1.2,
‘‘Functionality,’’ and Section 7.1.5.1,
‘‘Beverage Temperature Test Packages’’), and
Section 7.2, ‘‘Energy Consumption Test,’’
(except Section 7.2.2.6), as referenced in
sections 1 and 2 of this appendix.
1. General. In cases where there is a
conflict, the language of the test procedure in
this appendix takes precedence over ANSI/
ASHRAE Standard 32.1–2022.
1.1 Definitions. In addition to the
definitions specified in Section 3,
‘‘Definitions,’’ of ANSI/ASHRAE Standard
32.1–2022, the following definitions are also
applicable to this appendix.
Accessory low power mode means a state
in which a beverage vending machine’s
lighting and/or other energy-using systems
are in low power mode, but that is not a
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refrigeration low power mode. Functions that
may constitute an accessory low power mode
may include, for example, dimming or
turning off lights, but does not include
adjustment of the refrigeration system to
elevate the temperature of the refrigerated
compartment(s).
External accessory standby mode means
the mode of operation in which any external,
integral customer display signs, lighting, or
digital screens are connected to main power;
do not produce the intended illumination,
display, or interaction functionality; and can
be switched into another mode automatically
with only a remote user-generated or an
internal signal.
Low power mode means a state in which
a beverage vending machine’s lighting,
refrigeration, and/or other energy-using
systems are automatically adjusted (without
user intervention) such that they consume
less energy than they consume in an active
vending environment.
Lowest application product temperature
means either:
(a) For units that operate only at
temperatures above the integrated average
temperature specified in Table 1 of ANSI/
ASHRAE Standard 32.1–2022, the lowest
integrated average temperature a given basic
model is capable of maintaining so as to
comply with the temperature stabilization
requirements specified in section 7.2.2.2 of
ANSI/ASHRAE Standard 32.1–2022; or
(b) For units that operate only at
temperatures below the integrated average
temperature specified in Table 1 of ANSI/
ASHRAE Standard 32.1–2022, the highest
integrated average temperature a given basic
model is capable of maintaining so as to
comply with the temperature stabilization
requirements specified in section 7.2.2.2 of
ANSI/ASHRAE Standard 32.1–2022.
Refrigeration low power mode means a
state in which a beverage vending machine’s
refrigeration system is in low power mode
because of elevation of the temperature of the
refrigerated compartment(s). To qualify as
low power mode, the unit must satisfy the
requirements described in section 2.3.2.1 of
this appendix.
1.2 [Reserved]
2. Test Procedure. Conduct testing
according to section 4, ‘‘Instruments’’;
section 5, ‘‘Vendible Capacity’’; section 6,
‘‘Test Conditions’’; section 7.1, ‘‘Test
Procedures—General Requirements’’ (except
Section 7.1.2 ‘‘Functionality’’ and section
7.1.5.1 ‘‘Beverage Temperature Test
Packages’’); and section 7.2, ‘‘Energy
Consumption Test’’ (except section 7.2.2.6) of
ANSI/ASHRAE Standard 32.1–2022, except
as described in the following sections.
2.1. Lowest Application Product
Temperature. If a refrigerated bottled or
canned beverage vending machine is not
capable of maintaining an integrated average
temperature of 36 °F (±1 °F) during the 24hour test period, the unit must be tested at
the lowest application product temperature,
as defined in section 1.1 of this appendix.
2.2. Equipment Installation and Test
Setup. Except as provided in this section 2.2
of this appendix, the test procedure for
energy consumption of refrigerated bottled or
canned beverage vending machines shall be
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conducted in accordance with the methods
specified in sections 7.1 through 7.2.2.7
under ‘‘Test Procedures’’ of ANSI/ASHRAE
Standard 32.1–2022.
2.2.1. Equipment Loading. Configure
refrigerated bottled or canned beverage
vending machines to hold the maximum
number of standard products.
2.2.1.1. Non-Beverage Shelves. Any shelves
within the refrigerated compartment(s) for
non-beverage merchandise only shall not be
loaded for testing.
2.2.1.2. Standard Products. The standard
product shall be standard 12-ounce
aluminum beverage cans filled with a liquid
with a density of 1.0 grams per milliliter (‘‘g/
mL’’) ±0.1 g/mL at 36 °F. For product storage
racks that are not capable of vending 12ounce cans, but are capable of vending 20ounce 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 Standard 32.1–2022. Do not
run the thermocouple wire and other
measurement apparatus through the
dispensing door; the thermocouple wire and
other measurement apparatus must be
configured and sealed so as to minimize air
flow between the interior refrigerated volume
and the ambient room air. If a manufacturer
chooses to employ a method other than
routing thermocouple and sensor wires
through the door gasket and ensuring the
gasket is compressed around the wire to
ensure a good seal, then it must maintain a
record of the method used in the data
underlying that basic model’s certification
pursuant to 10 CFR 429.71.
2.2.3. Vending Mode Test Period. The
vending mode test period begins after
temperature stabilization has been achieved,
as described in section 7.2.2.2 of ANSI/
ASHRAE Standard 32.1–2022 and continues
for 18 hours for equipment with an accessory
low power mode or for 24 hours for
equipment without an accessory low power
mode. For the vending mode test period,
equipment with energy-saving features that
cannot be disabled shall have those features
set to the most energy-consuming settings,
except for as specified in section 2.2.4 of this
appendix. In addition, all energy
management systems shall be disabled.
Provide, if necessary, any physical stimuli or
other input to the machine needed to prevent
automatic activation of low power modes
during the vending mode test period.
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2.2.4. Accessory Low Power Mode Test
Period. For equipment with an accessory low
power mode, the accessory low power mode
may be engaged for 6 hours, beginning 18
hours after the temperature stabilization
requirements established in section 7.2.2.2 of
ANSI/ASHRAE Standard 32.1–2022 have
been achieved, and continuing until the end
of the 24-hour test period. During the
accessory low power mode test, operate the
refrigerated bottled or canned beverage
vending machine with the lowest energyconsuming lighting and control settings that
constitute an accessory low power mode. The
specification and tolerances for integrated
average temperature in Table 2 of ANSI/
ASHRAE Standard 32.1–2022 still apply, and
any refrigeration low power mode must not
be engaged. Provide, if necessary, any
physical stimuli or other input to the
machine needed to prevent automatic
activation of refrigeration low power modes
during the accessory low power mode test
period.
2.2.5. Accessories. Unless specified
otherwise in this appendix or ANSI/ASHRAE
Standard 32.1–2022, all standard
components that would be used during
normal operation of the basic model in the
field and are necessary to provide sufficient
functionality for cooling and vending
products in field installations (i.e., product
inventory, temperature management, product
merchandising (including, e.g., lighting or
signage), product selection, and product
transport and delivery) shall be in place
during testing and shall be set to the
maximum energy-consuming setting if
manually adjustable. Components not
necessary for the inventory, temperature
management, product merchandising (e.g.,
lighting or signage), product selection, or
product transport and delivery shall be deenergized. If systems not required for the
primary functionality of the machine as
stated in this section cannot be de-energized
without preventing the operation of the
machine, then they shall be placed in the
lowest energy-consuming state. Components
with controls that are permanently
operational and cannot be adjusted by the
machine operator shall be operated in their
normal setting and consistent with the
requirements of sections 2.2.3 and 2.2.4 of
this appendix. The specific components and
accessories listed in the subsequent sections
shall be operated as stated during the test,
except when controlled as part of a low
power mode during the low power mode test
period.
2.2.5.1. Payment Mechanisms. Refrigerated
bottled or canned beverage vending machines
shall be tested with no payment mechanism
in place, the payment mechanism in place
but de-energized, or the payment mechanism
in place but set to the lowest energyconsuming state, if it cannot be de-energized.
A default payment mechanism energy
consumption value of 0.20 kWh/day shall be
added to the primary rated energy
consumption per day, as noted in section 2.3
of this appendix.
2.2.5.2. Internal Lighting. All lighting that
is contained within or is part of the internal
physical boundary of the refrigerated bottled
or canned beverage vending machine, as
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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 24hour period used to determine temperature
stabilization prior to the start of the test
period, as described in section 7.2.2.2 of
ANSI/ASHRAE Standard 32.1–2022, the
condensate pan must be dry. For the duration
of the test, including the 24-hour time period
necessary for temperature stabilization, allow
any condensate moisture generated to
accumulate in the pan. Do not manually add
or remove water from the condensate pan at
any time during the test. Any automatic
controls that initiate the operation of the
condensate pan heater or pump based on
water level or ambient conditions must be
enabled and operated in the automatic
setting.
2.2.5.6. Illuminated Temperature Displays.
All illuminated temperature displays must be
energized and operated during the test the
same way they would be energized and
operated during normal field operation, as
recommended in manufacturer product
literature, including manuals.
2.2.5.7. Condenser Filters. Remove any
nonpermanent filters provided to prevent
particulates from blocking a model’s
condenser coil.
2.2.5.8. Security Covers. Remove any
devices used to secure the model from theft
or tampering.
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2.2.5.9. General Purpose Outlets. During
the test, do not connect any external load to
any general purpose outlets available on a
unit.
2.2.5.10. Crankcase Heaters and Other
Electric Resistance Heaters for Cold Weather.
Crankcase heaters and other electric
resistance heaters for cold weather must be
operational during the test. If a control
system, such as a thermostat or electronic
controller, is used to modulate the operation
of the heater, it must be activated during the
test and operated in accordance with the
manufacturer’s instructions.
2.2.5.11. Refrigerant Leak Mitigation
Controls. Any refrigerant leak mitigation
controls that are independent from the
refrigeration or vending performance of the
refrigerated bottled or canned beverage
vending machine must be disconnected,
disabled, or otherwise de-energized for the
duration of testing. Refrigerant leak
mitigation controls that are integrated into
the refrigerated bottled or canned beverage
vending machine cabinet or controls such
that they cannot be de-energized without
disabling the refrigeration or vending
functions of the refrigerated bottled or
canned beverage vending machine or
modifying the circuitry must be placed in
external accessory standby mode, if available,
or their lowest energy-consuming state.
2.3. Determination of Daily Energy
Consumption. The daily energy consumption
shall be equal to the primary rated energy
consumption per day (ED), in kWh,
determined in accordance with the
calculation procedure in section 7.2.3.1,
‘‘Calculation of Daily Energy Consumption,’’
of ANSI/ASHRAE Standard 32.1–2022 plus
the default payment mechanism energy
consumption value from section 2.2.5.1 of
this appendix, if applicable. In section 7.2.3.1
of ANSI/ASHRAE Standard 32.1–2022, the
energy consumed during the test shall be the
energy measured during the vending mode
test period and accessory low power mode
test period, as specified in sections 2.2.3 and
2.2.4 of this appendix, as applicable.
2.3.1. Refrigeration Low Power Mode. For
refrigerated bottled or canned beverage
vending machines with a refrigeration low
power mode, multiply the value determined
in section 2.3 of this appendix by 0.97 to
determine the daily energy consumption of
the unit tested. For refrigerated bottled or
canned beverage vending machines without
a refrigeration low power mode, the value
determined in section 2.3 of this appendix is
the daily energy consumption of the unit
tested.
2.3.1.1. Refrigeration Low Power Mode
Validation Test Method. This test method is
not required for the certification of
refrigerated bottled or canned beverage
vending machines. To verify the existence of
a refrigeration low power mode, initiate the
refrigeration low power mode in accordance
with manufacturer instructions contained in
product literature and manuals, after
completion of the 6-hour low power mode
test period. Continue recording all the data
specified in section 7.2.2.3 of ANSI/ASHRAE
Standard 32.1–2022 until existence of a
refrigeration low power mode has been
confirmed or denied. The refrigerated bottled
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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) 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 Standard 32.1–
2022 including the referenced methodology
in section 4, ‘‘Method for Computing
Refrigerated Volume of Refrigerators,
Refrigerator-Freezer, Wine Chillers, and
Freezers,’’ of AHAM HRF–1–2016. For
combination vending machines, the
‘‘refrigerated volume’’ does not include any
non-refrigerated compartment(s).
3.2. Determination of Surface Area. (Note:
This section is not required for the
certification of refrigerated bottled or canned
beverage vending machines.) Determine the
surface area of each beverage vending
machine as the length multiplied by the
height of outermost surface of the beverage
vending machine cabinet, measured from
edge to edge excluding any legs or other
protrusions that extend beyond the
dimensions of the primary cabinet.
Determine the transparent and 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. 2023–09036 Filed 5–3–23; 8:45 am]
BILLING CODE 6450–01–P
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Rules and Regulations]
[Pages 28381-28402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09036]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2021-BT-TP-0007]
RIN 1904-AE67
Energy Conservation Program: Test Procedure for Refrigerated
Bottled or Canned Beverage Vending Machines
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) amends the test procedures
for refrigerated bottled or canned beverage vending machines (BVMs) to
reference the latest version of the industry standard, while
maintaining certain provisions specified in the current DOE test
procedure. DOE also provides setup instructions for non-beverage
shelves, updates the lowest application product temperature definition
and test instructions, specifies setup instructions for refrigeration
leak mitigation controls, and removes the obsolete test procedure.
DATES: The effective date of this rule is June 5, 2023. The amendments
will be
[[Page 28382]]
mandatory for equipment testing starting October 31, 2023.
The incorporation by reference of certain material listed in the
rule is approved by the Director of the Federal Register on June 5,
2023. The incorporation by reference of certain other material listed
in the rule was approved by the Director of the Federal Register on
March 8, 2016.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at www.regulations.gov.
All documents in the docket are listed in the www.regulations.gov
index. However, not all documents listed in the index may be publicly
available, such as those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2021-BT-TP-0007. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket, contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-0371. Email: [email protected].
Ms. Sarah Butler, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-1777. Email: [email protected].
SUPPLEMENTARY INFORMATION: DOE maintains a previously approved
incorporation by reference and incorporates by reference the following
industry standards into part 431:
AHAM HRF-1-2016, ``Energy and Internal Volume of Refrigerating
Appliances.''
ANSI/ASHRAE Standard 32.1-2022, ``Methods of Testing for Rating
Refrigerated Vending Machines for Sealed Beverages,'' approved December
30, 2022.
Copies of AHAM HRF-1-2016 can be purchased from the Association of
Home Appliance Manufacturers (AHAM), 1111 19th Street NW, Suite 402,
Washington, DC 20036, 202-872-5955, www.aham.org/AHAM/Store.
Copies of ANSI/ASHRAE Standard 32.1-2022 can be purchased from the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) Inc., 180 Technology Parkway NW, Peachtree Corners,
GA 300092, (800) 527-4723, webstore.ansi.org.
For a further discussion of these standards, see section IV.N of
this document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope and Definitions
B. Updates to Industry Standards
C. Test Procedure
1. Ambient Test Conditions
2. Test Procedure for Combination BVMs
3. Characteristics of the Standard Product
4. Lowest Application Product Temperature
5. Payment Mechanisms
6. Low Power Modes
7. Reloading and Recovery Periods
8. Refrigerant Leak Mitigation Controls
9. Connected Functions
10. Condenser Conditions
11. Removal of Obsolete Provisions
D. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
E. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
I. Authority and Background
DOE is authorized to establish and amend energy conservation
standards and test procedures for BVMs. (42 U.S.C. 6295(v); 42 U.S.C.
6293(b)(15)) DOE's energy conservation standards and test procedures
for BVMs are currently prescribed at subpart Q of 10 CFR part 431. The
following sections discuss DOE's authority to establish test procedures
for BVMs and relevant background information regarding DOE's
consideration of test procedures for this product.
A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (EPCA),\1\ authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency. These products include BVMs, the subject of this document.
(42 U.S.C. 6295(v)) \3\
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\1\ All references to EPCA in this document refer to the statute
as amended through the Infrastructure Investment and Jobs Act,
Public Law 117-58 (Nov. 15, 2021), which reflect the last statutory
amendments that impact Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\3\ Because Congress included BVMs in Part A of Title III of
EPCA, the consumer product provisions of Part A (rather than the
industrial equipment provisions of Part A-1) apply to BVMs. DOE
placed the regulatory requirements specific to BVMs in 10 CFR part
431, ``Energy Efficiency Program for Certain Commercial and
Industrial Equipment,'' as a matter of administrative convenience
based on their type and therefore refers to BVMs as ``equipment''
throughout this document. Despite the placement of BVMs in 10 CFR
part 431, the relevant provisions of Title A of EPCA and 10 CFR part
430, which are applicable to all product types specified in Title A
of EPCA, are applicable to BVMs. See 74 FR 44914, 44917 (Aug. 31,
2009) and 80 FR 45758, 45759 (Jul. 31, 2015). The regulatory
provisions of 10 CFR 430.33 and 430.34 and subparts D and E of 10
CFR part 430 are applicable to BVMs. Because the procedures in 10
CFR parts 430 and 431 for petitioning DOE for obtaining a test
procedure waiver are substantively the same (79 FR 26591, 26601 (May
9, 2014)), the regulations for applying for a test procedure waiver
for BVMs are those found at 10 CFR 431.401 rather than those found
at 10 CFR 430.27.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted
[[Page 28383]]
under EPCA (42 U.S.C. 6295(s)), and (2) making other representations
about the efficiency of those products (42 U.S.C. 6293(c)). Similarly,
DOE must use these test procedures to determine whether the products
comply with any relevant standards promulgated under EPCA. (42 U.S.C.
6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use, or estimated
annual operating cost of a covered product during a representative
average use cycle (as determined by the Secretary) or period of use and
shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment
must consider the most current versions of the International
Electrotechnical Commission (IEC) Standard 62301 \4\ and IEC Standard
62087 \5\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------
\4\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\5\ IEC 62087, Audio, video, and related equipment--Methods of
measurement for power consumption (Edition 1.0, Parts 1-6: 2015,
Part 7: 2018).
---------------------------------------------------------------------------
With respect to BVMs, EPCA requires the test procedure to be based
on the 2004 version of ANSI/ASHRAE Standard 32.1, ``Methods of Testing
for Rating Vending Machines for Bottled, Canned or Other Sealed
Beverages.'' (42 U.S.C. 6293(b)(15))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including BVMs, to
determine whether amended test procedures would more accurately or
fully comply with the requirements for the test procedures to not be
unduly burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle or period of
use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. (42 U.S.C.
6293(b)(1)(A)(ii))
DOE is publishing this final rule in satisfaction of the 7-year
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
B. Background
DOE's existing test procedures for BVMs appear at 10 CFR part 431,
subpart Q, appendices A and B, both titled ``Uniform Test Method for
the Measurement of Energy Consumption of Refrigerated Bottled or Canned
Beverage Vending Machines'' (appendices A and B, respectively). On or
after January 8, 2019, any representations, including compliance
certifications, made with respect to the energy use or efficiency of
BVMs must be made in accordance with the results of testing pursuant to
appendix B.
On July 31, 2015, DOE published a test procedure final rule (July
2015 Final Rule) that referenced updated industry test methods,
improved clarity of the procedure, accounted for new equipment
features, and established the test procedures at appendices A and B.\6\
80 FR 45758; see also 81 FR 1028 (January 8, 2016). The specific
amendments in the July 2015 Final Rule included, for both appendices A
and B: (1) updating the referenced test method to ANSI/ASHRAE Standard
32.1-2010, ``Methods of Testing for Rating Vending Machines for Sealed
Beverages,'' (ANSI/ASHRAE Standard 32.1-2010), (2) incorporating
amendments to clarify several ambiguities in ANSI/ASHRAE Standard 32.1-
2010, (3) eliminating the requirement to test at the 90-degree
Fahrenheit ([deg]F) ambient test condition, (4) clarifying the test
procedure for combination vending machines, (5) clarifying the
requirements for the loading of BVMs under the DOE test procedure, (6)
specifying the characteristics of a standard test package, (7)
clarifying the average next-to-vend beverage temperature test
condition, (8) specifying placement of thermocouples during the DOE
test procedure, (9) establishing provisions for testing at the lowest
application product temperature, (10) clarifying the treatment of
certain accessories during the DOE test procedure, and (11) clarifying
the certification and reporting requirements for covered BVMs. 80 FR
45758, 45760. The July 2015 Final Rule also incorporated amendments in
appendix B to account for the impact of low power modes on the measured
daily energy consumption (DEC) of BVMs. Id.
---------------------------------------------------------------------------
\6\ As discussed further in this section, the test procedure at
appendix B accounts for additional BVM operating modes not accounted
for in appendix A and is mandatory for demonstrating compliance with
the energy conservation standards in 10 CFR 431.296(b), which are
required for BVMs manufactured on or after January 8, 2019.
---------------------------------------------------------------------------
On May 19, 2021, DOE published in the Federal Register an early
assessment request for information (May 2021 RFI) seeking comments on
the existing DOE test procedure for BVMs. 86 FR 27054. On March 31,
2022, DOE published in the Federal Register a notice of proposed
rulemaking (NOPR) that proposed to update the test procedure at
appendix B (March 2022 NOPR). 87 FR 18936. In the March 2022 NOPR, DOE
proposed the following amendments and requested feedback on these
proposals:
(1) Incorporate by reference the current industry standard ANSI/
ASHRAE Standard 32.1-2017.
(2) Incorporate by reference the industry standard AHAM HRF-1-
2008 referenced in ANSI/ASHRAE Standard 32.1-2017.
[[Page 28384]]
(3) Maintain the existing DOE test procedure requirements that
are not included in ANSI/ASHRAE Standard 32.1-2017.
(4) Provide setup instructions for non-beverage shelves in
refrigerated compartments.
(5) Amend the definition of lowest application product
temperature (LAPT) to allow for testing BVMs only capable of
operating at temperatures below the specified test temperature.
(6) Require coin and bill payment mechanisms to be energized for
testing if shipped with the BVM (but not until the compliance date
of any amended energy conservation standards).
(7) Specify setup instructions for refrigerant leak mitigation
controls consistent with the existing test procedure instructions.
(8) Remove the obsolete test procedure in appendix A.
87 FR 18936.
DOE received comments in response to the March 2022 NOPR from the
interested parties listed in Table I.I.
Table I.I--List of Commenters With Written Submissions or Oral Comments in Response to the March 2022 NOPR
----------------------------------------------------------------------------------------------------------------
Reference No.
Commenter(s) Reference in this final rule in the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, and AHRI......................... * 12 Trade Association.
Refrigeration Institute.
Appliance Standards Awareness Joint Commenters............. 13 Efficiency Advocates.
Project; American Council for an
Energy-Efficient Economy;
Northwest Energy Efficiency
Alliance.
National Automatic Merchandising NAMA......................... 14 Trade Association.
Association.
Steven Neubauer.................. Neubauer..................... 9 Individual.
----------------------------------------------------------------------------------------------------------------
* Document number 12 is the transcript of the webinar. Commenter did not submit written comments.
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\7\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the May 2, 2022, public meeting (hereafter, the NOPR public
meeting), DOE cites the written comments throughout this final rule.
---------------------------------------------------------------------------
\7\ The parenthetical reference provides a reference to
information located in the docket of DOE's rulemaking to develop
test procedures for refrigerated bottled or canned beverage vending
machines (Docket No. EERE-2021-BT-TP-0007, which is maintained at
www.regulations.gov). The references are arranged as follows:
(commenter name, comment docket ID number, page of that document).
---------------------------------------------------------------------------
II. Synopsis of the Final Rule
In this final rule, DOE amends the test procedure at appendix B as
follows:
(1) Incorporates by reference the current industry standard ANSI/
ASHRAE Standard 32.1-2022.
(2) Incorporates by reference the industry standard AHAM HRF-1-2016
referenced in ANSI/ASHRAE Standard 32.1-2022.
(3) Provides setup instructions for non-beverage shelves in
refrigerated compartments.
(4) Amends the definition of LAPT to allow for testing BVMs only
capable of operating at temperatures below the specified test
temperature.
(5) Specifies setup instructions for refrigerant leak mitigation
controls.
(6) Removes the obsolete test procedure in appendix A.
The adopted amendments are summarized and compared to the test
procedure provision prior to the amendment in Table II.I, along with
the reason for the adopted change.
Table II.I--Summary of Changes in the Amended Test Procedure
------------------------------------------------------------------------
DOE test procedure prior to
amendment Amended test procedure Attribution
------------------------------------------------------------------------
Incorporates by reference Incorporates by Harmonizes with
ANSI/ASHRAE Standard 32.1- reference ANSI/ASHRAE most recent
2010. Standard 32.1-2022. industry test
method.
Refers to Appendix C of ANSI/ Incorporates by Incorporates by
ASHRAE Standard 32.1-2010, reference AHAM HRF-1- reference
which references ANSI/AHAM 2016 for measurement of industry test
HRF-1-2004, for measurement refrigerated volume, as method
of refrigerated volume. referenced in Appendix required for
C of ANSI/ASHRAE testing.
Standard 32.1-2022.
Does not specifically address Specifies that non- Improves
loading of non-beverage beverage merchandise representative
merchandise shelves within shelves within the ness and
the refrigerated compartment. refrigerated reproducibilit
compartment are y.
unloaded for testing.
Defines LAPT only for units Adds a definition for Improves
that operate at temperatures LAPT and test representative
above the test condition. instructions for units ness and
that can only operate reproducibilit
below the test y.
condition.
Generally requires components Specifies that Improves
necessary for primary refrigerant leak representative
functionality to be mitigation controls ness.
energized and those not must be disconnected,
necessary for primary disabled, or otherwise
functionality to be de- de-energized for the
energized for testing. duration of testing,
unless integrated into
the cabinet or controls
such that they cannot
be de-energized without
disabling the
refrigeration or
vending functions and
must be placed in
external accessory
standby mode, if
available, or their
lowest energy-consuming
state.
Includes appendix B required Removes obsolete Improves
for testing current BVMs and appendix A. readability.
appendix A, which is now
obsolete.
------------------------------------------------------------------------
DOE has determined that the amendments described in section III of
this document and adopted in this document will not alter the measured
efficiency of BVMs or require retesting or recertification solely as a
result of DOE's adoption of the amendments to the test procedures.
Additionally, DOE has determined that the amendments will not increase
the cost of testing. Discussion of DOE's actions are addressed in
detail in section III of this document.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedures
beginning 180 days after the publication of this final rule.
[[Page 28385]]
III. Discussion
A. Scope and Definitions
BVMs are commercial refrigerators (as defined at 10 CFR 431.62) \8\
that cool bottled or canned beverages and dispense the bottled or
canned beverages on payment. 10 CFR 431.292. The defined equipment
classes for BVMs include Class A, Class B, Combination A, and
Combination B.
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\8\ As defined in 10 CFR 431.62, ``commercial refrigerator''
means a unit of commercial refrigeration equipment in which all
refrigerated compartments in the unit are capable of operating at or
above 32 [deg]F (2 [deg]F).
---------------------------------------------------------------------------
Class A means a BVM that is not a combination vending machine and
in which 25 percent or more of the surface area on the front side of
the beverage vending machine is transparent.
Class B means a BVM that is not considered to be Class A and is not
a combination vending machine.
Combination A means a combination vending machine where 25 percent
or more of the surface area on the front side of the beverage vending
machine is transparent.\9\
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\9\ As provided in 10 CFR 429.134(j)(2), the determination of
percent transparent surface does not include the surface area
surrounding any compartments that are not designed to be
refrigerated (as demonstrated by the presence of temperature
controls), whether or not it is transparent.
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Combination B means a combination vending machine that is not
considered to be Combination A.
Combination vending machine means a BVM containing two or more
compartments separated by a solid partition, that may or may not share
a product delivery chute, in which at least one compartment is designed
to be refrigerated, as demonstrated by the presence of temperature
controls, and at least one compartment is not. 10 CFR 431.292.
In the March 2022 NOPR, having received no comments on these
definitions, and having not identified any BVMs available on the market
that would require additional specificity in the existing BVM
definitions, DOE tentatively determined that amendments were not
required and did not propose any new or amended BVM definitions.\10\ 87
FR 18963, 18940.
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\10\ DOE notes that the regulatory text in the March 2022 NOPR
inadvertently included a new definition for V, refrigerated volume,
at 10 CFR 431.292. DOE did not discuss this term in the preamble to
the March 2022 NOPR and stated explicitly that DOE was not proposing
any new or amended BVM definitions. 87 FR 18936, 18939.
---------------------------------------------------------------------------
In response to the March 2022 NOPR, NAMA commented that it does not
believe further definition of the terms ``dispense'' or ``solid
partition'' is necessary. (NAMA, No. 14, p. 2)
DOE has not identified BVMs available on the market that would
require additional specificity in the existing BVM definitions, which
is supported by NAMA's comment. Therefore, consistent with the March
2022 NOPR, DOE has determined that amendments are not required and is
not amending any of the BVM definitions in this final rule.
B. Updates to Industry Standards
Appendix B incorporates by reference ANSI/ASHRAE Standard 32.1-
2010, which was the most current version of the industry standard
available at the time of the July 2015 Final Rule. 80 FR 45758, 45762.
Appendix B specifically references section 3, ``Definitions''; section
4, ``Instruments''; section 5, ``Vendible Capacity''; section 6, ``Test
Conditions''; section 7.1, ``Test Procedures--General Requirements'';
and section 7.2, ``Energy Consumption Test'' of ANSI/ASHRAE Standard
32.1-2010. Appendix B includes certain exceptions to these references,
and in cases of conflict between appendix B language and the
requirements of ANSI/ASHRAE Standard 32.1-2010, the language in
appendix B takes precedence. See section 1 of appendix B.
At the time of the July 2015 Final Rule analysis, DOE was aware of
ongoing industry meetings to consider updates to ASHRAE Standard 32.1.
DOE participated in those industry meetings and, to the extent
possible, sought to align its test procedure with the expected updates
to ASHRAE 32.1. 80 FR 45758, 45762.
On February 2, 2017, ANSI and ASHRAE approved the latest version of
Standard 32.1, ANSI/ASHRAE 32.1-2017, ``Methods of Testing for Rating
Vending Machines for Sealed Beverages'' (ANSI/ASHRAE Standard 32.1-
2017).
Many of the revisions included in ANSI/ASHRAE Standard 32.1-2017
harmonize the industry standard with the existing DOE test procedure.
However, some substantive differences between DOE's test procedure at
appendix B and ANSI/ASHRAE Standard 32.1-2017 remain, notably the
following:
(1) Section 2.2.4 of appendix B contains provisions for testing
accessory low power mode, and section 2.3.2 of appendix B accounts for
refrigeration low power mode, whereas ANSI/ASHRAE Standard 32.1-2017
contains no such provisions (and specifically prohibits operation in
low power mode during testing, per section 7.2.2.6.2). See section
III.C.6 of this document for additional discussion of low power modes.
(2) Section 2.1.3 of appendix B provides instructions for testing
BVMs that are not capable of maintaining an integrated average
temperature of 36 [deg]F 1 [deg]F during the 24-hour test
period, whereas ANSI/ASHRAE Standard 32.1-2017 contains no such
provisions. See section II.C.4 of this document for additional
discussion of lowest application product temperatures.
(3) Section 2.2.1.4 of appendix B specifies a ``standard product''
consisting of standard 12-ounce aluminum beverage cans filled with a
liquid with a density of 1.0 grams per milliliter (g/mL) 0.1 g/mL at 36 [deg]F, whereas ANSI/ASHRAE Standard 32.1-2017
specifies using a 33 percent propylene glycol and 67 percent water
solution. See section II.C.3 of this document for additional discussion
of standard product characteristics.
(4) Section 2.2.5.1 of appendix B provides instructions for payment
mechanisms that cannot be disconnected during testing (if the payment
mechanism is not removed, appendix B requires it to be in place but de-
energized, or set to the lowest energy-consuming state if it cannot be
de-energized) and specifies a default payment mechanism energy
consumption of 0.20 kilowatt-hours per day (kWh/day), whereas ANSI/
ASHRAE Standard 32.1-2017 contains no such provisions. See section
II.C.5 of this document for additional discussion of payment
mechanisms.
(5) Section 2.2.3 of appendix B requires energy management systems
to be disabled and energy-saving features that cannot be disabled to be
set to their most energy-consuming settings, whereas ANSI/ASHRAE
Standard 32.1-2017 also requires that energy management systems be
disabled but does not address other energy-saving features that cannot
be disabled.
(6) Sections 2.2.5.2 through 2.2.5.10 of appendix B provide
additional setup instructions regarding certain equipment accessories
(i.e., internal lighting; external customer display signs, lights, and
digital screens; anti-sweat or other electric resistance heaters;
condensate pan heaters and pumps; illuminated temperature displays;
condensate filters; security covers; general purpose outlets; and
crankcase heaters and other electric resistance heaters for cold
weather), whereas ANSI/ASHRAE Standard 32.1-2017 provides instructions
for only a subset of these accessories (i.e., video screens and
lighting).
(7) Section 2.2.2 of appendix B prohibits routing thermocouple
wires
[[Page 28386]]
and other measuring equipment through the dispensing door, whereas
ANSI/ASHRAE Standard 32.1-2017 contains no such prohibition (only that
they be installed in a manner that does not affect energy performance).
(8) Section 2.3.3 of appendix B provides rounding instructions on
energy consumption results, whereas ANSI/ASHRAE Standard 32.1-2017
contains no such rounding instructions.
(9) ANSI/ASHRAE Standard 32.1-2017 provides an additional recovery
test (to determine the product temperature recovery time of the BVM
when loaded with product at a certain temperature) and a vend test (to
determine how much cold product a BVM will deliver when bottles, cans,
or other sealed packages are vended at a rate of two per minute, 3
hours after a half-full machine is refilled with product at a specified
beverage temperature), whereas appendix B contains no such tests. These
tests assess product temperature recovery and vending performance but
do not factor into the energy use measurement in ANSI/ASHRAE Standard
32.1-2017.
In addition to these differences with the DOE test procedure, ANSI/
ASHRAE Standard 32.1-2017 also lists key changes from the 2010 version,
summarized by the following:
Updates definitions to specify the application to BVMs;
Removes zone-cooled/fully cooled distinction;
Updates AHAM HRF-1 references to a more recent version of
the standard (2008);
Removes the 90 [deg]F test condition for ambient
temperature and maintains a single ambient temperature (75 [deg]F);
Clarifies test setup requirements for temperature sensor
locations and test package/wire setup;
Incorporates requirements for the controls systems; and
Clarifies the integrated average temperature (IAT)
calculation.
In the March 2022 NOPR, DOE proposed to incorporate by reference
the most recent updated industry standard, ANSI/ASHRAE Standard 32.1-
2017, while maintaining the current DOE test procedure provisions not
included in ANSI/ASHRAE Standard 32.1-2017 regarding energy management
systems, accessory setup instructions, wire routing, and rounding. 87
FR 18936, 18941. This proposed approach was consistent with the
recommendations from interested parties, and DOE tentatively determined
that the proposal would not impact current BVM ratings or test costs
because the proposed test procedure was substantively the same as the
current DOE test procedure. Id.
For consistency with the proposed incorporation by reference of
ANSI/ASHRAE Standard 32.1-2017, DOE also proposed in the March 2022
NOPR to incorporate by reference AHAM HRF-1-2008, including the
correction sheet issued November 17, 2009, to ensure that BVM testing
is conducted to the appropriate test standard. 87 FR 18936, 18941. In
the March 2022 NOPR, DOE tentatively determined that the updates made
to AHAM HRF-1 between the 2004 and 2008 versions provided
clarifications and instructions for measuring components that are
specific to consumer refrigeration products (e.g., consideration of
through-the-door ice and water dispensers) and that current
refrigerated volume measurements and ratings for BVMs would be
unchanged under the proposed updated industry standard reference. Id.
In the March 2022 NOPR, DOE requested comment on its proposal to
incorporate by reference the most current industry test standard, ANSI/
ASHRAE Standard 32.1-2017, including the updated reference to AHAM HRF-
1-2008 for measuring refrigerated volume. 87 FR 18936, 18941. DOE also
requested comment on whether the proposed amendments would affect BVM
ratings as measured under the existing test procedure or whether they
would impact test burden. Id.
NAMA expressed agreement with DOE that updating the references to
AHAM HRF-1-2008 and ANSI/ASHRAE 32.1-2017 is more appropriate. (NAMA,
No. 14, p. 2) NAMA also stated that referencing AHAM HRF-1-2008 would
help clarify some of the dimensional volume measurements. (NAMA, No.
14, p. 2-3)
Since publication of the March 2022 NOPR, the first public review
draft of Board of Standards Review/ASHRAE Standard 32.1-2017R (BSR/
ASHRAE 32.1-2017R) was published on April 22, 2022.\11\ The only change
in comparison to the 2017 version of the standard is an update of the
AHAM HRF-1 reference to the 2016 version. DOE submitted comments to
suggest harmonization with the March 2022 NOPR test procedure and
inclusion of the most current version of referenced standards, as a
more recent version of AHAM HRF-1 (2019) has been published.
---------------------------------------------------------------------------
\11\ Information on BSR/ASHRAE Standard 32.1-2017R can be found
at www.ashrae.org/file%20library/technical%20resources/standards%20and%20guidelines/standards%20actions/saapr222022.pdf.
---------------------------------------------------------------------------
On December 30, 2022, ANSI/ASHRAE 32.1-2022 was published. DOE
reviewed ANSI/ASHRAE 32.1-2022 and determined that it is substantively
the same to BSR/ASHRAE 32.1-2017R. DOE has reviewed the sections in
AHAM HRF-1-2016 referenced by ANSI/ASHRAE 32.1-2022 and determined that
the updated reference in ANSI/ASHRAE 32.1-2022 to AHAM HRF-1-2016
provides clarifications and does not substantively change the standard.
Based on this determination, incorporating by reference ANSI/ASHRAE
32.1-2022 and AHAM HRF-1-2016 would be substantively consistent with
DOE's proposal in the March 2022 NOPR and, therefore, DOE has
determined to incorporate by reference ANSI/ASHRAE 32.1-2022 and AHAM
HRF-1-2016, while maintaining the current DOE test procedure provisions
not included in ANSI/ASHRAE Standard 32.1-2022 regarding energy
management systems, accessory setup instructions, wire routing, and
rounding.
C. Test Procedure
The following sections discuss the proposals from the March 2022
NOPR, any comments received in response to the proposals, and any
corresponding finalized amendments to the DOE test procedure.
1. Ambient Test Conditions
Section 2.1.2 of appendix B requires testing and rating BVM
performance in a 75 [deg]F ambient temperature with 45 percent relative
humidity. Prior to the July 2015 Final Rule, the DOE test procedure
incorporated by reference ANSI/ASHRAE Standard 32.1-2004, which
included two ambient test conditions: 75 [deg]F with 45 percent
relative humidity and 90 [deg]F with 65 percent relative humidity.
However, compliance with DOE's energy conservation standard was
determined based on performance at only the 75 [deg]F with a 45 percent
relative humidity test condition. In the July 2015 Final Rule, DOE
determined that the 75 [deg]F with a 45 percent relative humidity test
condition provides a reasonable and comparable representation of energy
performance for all BVMs and removed the 90 [deg]F with a 65 percent
relative humidity condition. 80 FR 45758, 45765.
During the rulemaking leading to the July 2015 Final Rule, DOE
estimated that 18 percent of Class B and Combination B BVMs were
installed outdoors. 80 FR 45758, 45765. DOE determined that, although
these BVMs would experience different ambient conditions than in the
test procedure, it would not be feasible to test at all the conditions
BVMs may experience in the field. Id. In ANSI/ASHRAE Standard 32.1-
2017, the 90 [deg]F with a 65 percent relative humidity test condition
for the energy consumption test was removed,
[[Page 28387]]
and the industry test standard designated the 75 [deg]F with a 45
percent relative humidity test condition as the singular test
condition.
In the March 2022 NOPR, DOE tentatively determined that while BVMs
may be installed and operated in a variety of locations and ambient
conditions, the existing single test condition provides a
representative test condition for BVMs, consistent with the July 2015
Final Rule determination. Accordingly, DOE did not propose any changes
to the current requirement to test under the single ambient test
condition (75 [deg]F and 45 percent relative humidity), consistent with
the test condition specified in ASHRAE Standard 32.1-2022. 87 FR 18936,
18941.
In response to the March 2022 NOPR, NAMA commented that removal of
the requirement to test at both 75 degrees and 90 degrees was
appropriate and would assist manufacturers in reducing testing costs
and would not change the overall energy measurement. (NAMA, No. 14, p.
2) NAMA also expressed agreement with DOE that testing at 75 degrees
and 45 percent relative humidity is realistic and provides a reasonable
and comparable representation of energy performance. (NAMA, No. 14, p.
3) NAMA also commented that it could not present information about the
percentage of machines installed indoors, outdoors, in insulated
environments, or in space-conditioned indoor environments. (NAMA, No.
14, p. 3) NAMA explained that BVM manufacturers do not determine
placement of machines; rather, the customers of the BVM manufacturer
and individual bottlers or store locations make that determination, and
such information is not shared with the BVM manufacturer. Id.
Neubauer commented that many BVMs are placed outdoors in
uncontrolled environments, such that the previous initial test at 90
[deg]F ambient temperature was reasonable and sound. (Neubauer, No. 9,
p. 1) Neubauer added that many customers prefer a colder drink,
especially in hot environments. Id. Neubauer also commented that
manufacturers make a wide variety of BVM models and that eliminating
the 90 [deg]F condition potentially eliminated a competitive advantage
of manufacturers who design vending machines specifically for high
ambient conditions. Neubauer added that requiring the 90 [deg]F ambient
temperature test would encourage BVM manufacturers to continue to
design these machines efficiently for their intended use case. Id.
While acknowledging that a 90 [deg]F ambient temperature may
represent certain BVM installations, DOE recognizes that BVMs may be
installed and operated in a variety of locations and ambient conditions
(including temperatures significantly lower than the aforementioned
test conditions). In consideration of these factors, DOE reiterates and
maintains its previous determination that the existing single test
condition provides for a representative measurement of energy use for
BVMs and is not unduly burdensome to conduct. Accordingly, in this
final rule, DOE is not making any changes to the current requirement to
test under the single ambient test condition (75 [deg]F and 45 percent
relative humidity), consistent with the test condition specified in
ASHRAE Standard 32.1-2022.
2. Test Procedure for Combination BVMs
As described in section III.A of this document, DOE defines
``combination BVM'' as a BVM containing two or more compartments
separated by a solid partition, that may or may not share a product
delivery chute, in which at least one compartment is designed to be
refrigerated, as demonstrated by the presence of temperature controls,
and at least one compartment is not. 10 CFR 431.292. The thermal mass
of items loaded into the non-refrigerated compartments (or lack of
thermal mass for unloaded compartments) may affect the measured DEC of
combination BVMs. Section 2.2.1.3 of appendix B specifies that the non-
refrigerated compartments of combination BVMs must not be loaded with
any standard products or other vendible merchandise during testing.
Sections 7.2.2.2 and 7.2.2.7 of ANSI/ASHRAE Standard 32.1-2022 require
combination BVMs not to be loaded with any standard products, test
packages, or other vendible merchandise in the non-refrigerated
compartments.
In the March 2022 NOPR, DOE requested information on typical loads
for non-refrigerated compartments in combination BVMs and, if DOE were
to require such loads for testing, the potential impacts on combination
BVM energy consumption and test burden. 87 FR 18936, 18942.
In response to the March 2022 NOPR, NAMA commented that many
machines are configured for both ``snacks'' and ``beverages'' and
agreed that testing or designing a ``standard'' thermal mass for
testing non-beverage items is difficult and would not provide better
information than the test procedure DOE proposed. (NAMA, No. 14, p. 3)
NAMA also commented that estimating the thermal characteristics by
using no-filled space for non-beverage materials is best, and stated
that the method proposed by DOE is a representative, reasonable, and
reproducible approach. Id.
NAMA also commented that BVM manufacturers do not dictate what non-
beverage materials are placed into the machines; rather, placement of
non-beverage materials is dictated by the end user, and therefore BVM
manufacturers do not have information on this and would not be able to
provide this to DOE. (NAMA, No. 14, p. 3)
As stated in the March 2022 NOPR, typical loads for non-
refrigerated compartments can range from small items with density
similar to beverages (e.g., chocolate bars) to larger low-density items
(e.g., bags of chips). 87 FR 18936, 18942. Given the wide range of
products stored in non-refrigerated compartments and BVM manufacturers'
lack of information regarding end users' products, as stated in NAMA's
comment, DOE has not identified a typical representative load for these
compartments. Additionally, DOE acknowledges that loading non-
refrigerated compartments in a consistent, repeatable manner may be
difficult due to the range of shelf configurations in those
compartments. DOE did not identify a standard package that could be
consistently loaded into non-refrigerated shelves for testing and has
determined that requiring such a load would introduce additional test
burden compared to the existing unloaded approach. In consideration of
these factors, DOE has determined that the current test procedure
provides a representative, repeatable, and reproducible approach for
testing combination BVMs while minimizing test burden. Accordingly, DOE
is not requiring a load in non-refrigerated compartments, consistent
with the proposed approach in the March 2022 NOPR.
3. Characteristics of the Standard Product
Section 2.2.1.4 of appendix B specifies the standard products to be
used for testing, which include the following: 12-ounce aluminum
beverage cans filled with a liquid with a density of 1.0 grams per
milliliter (g/mL) 0.1 g/mL at 36 [deg]F; or, for product
storage racks that are not capable of vending 12-ounce cans but are
capable of vending 20-ounce bottles, 20-ounce plastic bottles filled
with a liquid with a density of 1.0 g/mL 0.1 g/mL at 36
[deg]F; or, for product storage racks that are not capable of vending
12-ounce cans or 20-ounce
[[Page 28388]]
bottles, the packaging and contents specified by the manufacturer in
product literature (i.e., the specific merchandise the refrigerated
bottled or canned beverage vending machine is designed to vend).
In the March 2022 NOPR, DOE discussed its previous considerations
of other standard products that could potentially be defined, including
slimline cans, milk cartons, aseptic packs, pouches, and energy drinks.
Having not received comment on this topic in response to the May 2021
RFI, DOE did not propose any changes in the March 2022 NOPR to the
current test procedure standard packages of 12-ounce cans, 20-ounce
bottles, or the packaging and contents specified by the manufacturer in
product literature, depending on the BVM vending capability. 87 FR
18936, 18942. DOE also did not receive any comment in response to the
March 2022 NOPR on this topic.
Additionally, certain BVMs are marketed to vend both beverages and
food but do not contain a solid partition that separates the shelves or
compartments intended for refrigerated bottled or canned beverages from
those intended for other merchandise. Section 2.2.1.4 of appendix B
specifies that if the non-beverage shelves of these BVMs are not
capable of vending 12-ounce cans or 20-ounce bottles, the standard
product for testing is the packaging and contents specified by the
manufacturer in product literature.
In the March 2022 NOPR, DOE discussed that for non-beverage
shelves, manufacturers do not always specify the packaging and contents
of the merchandise to be loaded. 87 FR 18936, 18942. Additionally, DOE
discussed that measuring temperature at the center of mass of non-
liquid merchandise packaging would provide unique challenges compared
to liquid containers (e.g., measuring the center of mass of a bag of
chips). Id.
In the March 2022 NOPR, DOE tentatively determined that it could
not identify a representative non-beverage test load because of the
wide range of merchandise that could be loaded in non-beverage shelves.
Additionally, DOE stated that it expects that measuring the
temperatures of non-beverage standard packages would be difficult to do
repeatably and reproducibly (i.e., measuring the temperature in food
packaging rather than in a liquid) and would increase test burden. Id.
at 87 FR 18942-18943. To ensure that BVMs with non-beverage
merchandising shelves are tested consistently and in a representative
manner while limiting test burden, DOE proposed to specify in a new
section 2.2.1.1 of appendix B that shelves within the refrigerated
compartment that are only for non-beverage merchandise must not be
loaded for testing. DOE stated that it expects that manufacturers may
already use this approach for testing shelves that cannot accommodate
any beverage containers (i.e., it is unclear how manufacturers
currently test such BVMs, and DOE has not received any petitions for
waiver regarding this issue). DOE also stated that it does not expect
that this proposal would result in any cost impacts for BVM
manufacturers. Id.
DOE requested comment on the proposal to specify that non-beverage
merchandise shelves not be loaded for testing BVMs. Id. DOE also sought
information on how such models are currently tested and on whether this
proposal would impact current BVM ratings or test burden. Id.
NAMA stated that the packaging and contents of merchandise to be
loaded in combination machines is the decision of the end user. (NAMA,
No. 14, p. 3) NAMA agreed with DOE's assertion that it would be very
difficult to design a uniform non-beverage food material for testing
and supported DOE's proposal that the non-beverage areas be left empty
for testing. Id.
In this final rule, DOE has determined that it cannot identify a
representative non-beverage test load because of the wide range of
merchandise that could be loaded in non-beverage shelves. Additionally,
DOE has determined that, at this time, measuring the temperatures of
non-beverage standard packages (i.e., measuring the temperature in food
packaging rather than in a liquid) would be difficult to do repeatably
and reproducibly and would increase test burden. To ensure that BVMs
with non-beverage merchandising shelves are tested consistently and in
a representative manner while limiting test burden, DOE is specifying
in a new section 2.2.1.1 of appendix B that shelves within the
refrigerated compartment that are reserved only for non-beverage
merchandise must not be loaded for testing, consistent with the
proposal in the March 2022 NOPR. As discussed, DOE expects that
manufacturers may already use this approach for testing shelves that
cannot accommodate any beverage containers and that this amendment will
not result in any cost impacts for BVM manufacturers. For shelves
within the refrigerated compartment that are for beverage merchandise,
DOE is not making any changes in this final rule to the current
standard package requirements.
Section 2.2.1.4 of appendix B requires that the standard product
12-ounce cans or 20-ounce bottles be filled with liquid with a density
of 1.0 g/mL 0.1 g/mL at 36 [deg]F, whereas ANSI/ASHRAE
Standard 32.1-2022 requires the beverage temperature test packages to
be filled with a 33 percent propylene glycol and 67 percent water
solution. ANSI/ASHRAE Standard 32.1-2022 does not specify whether these
glycol and water percentages are based on weight or volume.
In the March 2022 NOPR, DOE noted the use of a propylene glycol
solution in other test procedures, such as for testing commercial
refrigeration equipment.\12\ 87 FR 18936, 18943. Commercial freezers
are by definition capable of operating below 32 [deg]F (see 10 CFR
431.62) and are tested at a 0 [deg]F integrated average temperature.
See section 2.1 of 10 CFR part 431, subpart C, appendix B. While water
would freeze at operating temperatures below 32 [deg]F, the propylene
glycol solution has a reduced freezing point and remains a liquid at
the test temperatures. DOE discussed in the March 2022 NOPR that the
potential for a phase change in the test solution introduces test
variability, as solid and liquid water have different heat transfer
properties, and if the phase change occurs during a test, the measured
temperature during the phase change may not represent actual storage
temperatures. Id.
---------------------------------------------------------------------------
\12\ See 10 CFR part 431, subpart C, appendix B, which
incorporates by reference ANSI/ASHRAE Standard 72-2005 (ANSI/ASHRAE
72-2005), ``Method of Testing Commercial Refrigerators and
Freezers.'' Section 6.2.1 of ANSI/ASHRAE 72-2005 specifies the use
of propylene glycol solution in test simulators.
---------------------------------------------------------------------------
In the March 2022 NOPR, DOE further stated that for BVMs, the
target test condition of 36 [deg]F is above the freezing point of water
and other liquids likely to be used for testing BVMs. Id. As a result,
DOE tentatively determined that specifying an alternative propylene
glycol solution for testing BVMs would not be likely to reduce test
variability, as is the case when testing other types of equipment at
temperatures below the freezing point of water. Id. Additionally, DOE
tentatively determined that requiring the use of a propylene glycol
solution would increase test burden compared to the existing test
approach, which allows more flexibility and does not require the
preparation of a test solution. Id. For these reasons, DOE tentatively
determined to maintain the existing test procedure provisions regarding
the specifications of the standard product. Id.
In response to the March 2022 NOPR, NAMA commented that other
ASHRAE
[[Page 28389]]
standards (e.g., ASHRAE 72) use the percentage of propylene glycol and
water by volume, not by weight, and that for consistency, the BVM test
procedure should also use measurement by volume. (NAMA, No. 14, p. 4)
NAMA also commented that specifying an alternative propylene glycol
solution for testing BVMs is not likely to reduce test variability, as
might be the case when testing materials at or below freezing, and
stated that further clarification is not necessary. Id.
Based on consideration of these comments in response to the March
2022 NOPR, DOE has determined that specifying an alternative propylene
glycol solution for testing BVMs is not likely to reduce test
variability, as is the case when testing other types of equipment at
temperatures at or below the freezing point of water, and would
increase test burden compared to the existing test approach. Regarding
NAMA's concern that the percentage of propylene glycol and water should
be measured by volume, not weight, the test procedure as finalized in
this document does not require the use of a propylene glycol mixture.
In summary, for the reasons discussed here and in the March 2022 NOPR,
DOE has determined to maintain the existing test procedure provisions
regarding the specifications of the standard product as proposed in the
March 2022 NOPR.
4. Lowest Application Product Temperature
Section 2.1.1 of appendix B requires that the IAT of the BVM be 36
[deg]F 1 [deg]F over the test period. See table B.1 of
appendix B. For BVMs only capable of operating at temperatures higher
than the specified IAT of 36 [deg]F 1 [deg]F, section 2.1.3
of appendix B requires testing at the BVM's LAPT.
DOE's compliance certification database (CCD) \13\ lists all BVM
models certified to DOE, including the LAPT used for rating each model,
if applicable. Of the 148 individual models included in the CCD at the
time of this analysis, 6 individual models (representing 2 basic
models) from one manufacturer are rated at LAPTs ranging from 37.9
[deg]F to 38.5 [deg]F. Additional models had previously been certified
to DOE (but are not included in the current CCD) as being rated at an
LAPT below the 36 [deg]F 1 [deg]F IAT range required in the
DOE test procedure. For example, models from one manufacturer were
previously rated at an IAT of 32 [deg]F, indicating that those BVMs
could not operate at 36 [deg]F 1 [deg]F.
---------------------------------------------------------------------------
\13\ Available at www.regulations.doe.gov/certification-data.
---------------------------------------------------------------------------
In the March 2022 NOPR, DOE acknowledged that the current LAPT
provisions result in some BVMs being tested at a higher temperature
than those capable of maintaining the required test IAT. 87 FR 18936,
18943. However, for BVMs not capable of operating with temperatures of
36 [deg]F 1 [deg]F, the LAPT test provisions are
representative of the actual operation of those models. Id.
Accordingly, the LAPT test provisions measure the energy use of those
BVMs during a representative average use cycle or period of use as
required by EPCA. (42 U.S.C. 6293(b)(3)) Additionally, any models
tested and rated under the LAPT provisions are identified in DOE's CCD,
along with the actual IAT maintained during testing for those models,
so that such information is available to customers making purchasing
decisions. Id.
Therefore, in the March 2022 NOPR, DOE tentatively determined to
maintain the current LAPT provisions and proposed adding an additional
provision for testing BVMs that are only capable of maintaining
temperatures below the 36 [deg]F 1 [deg]F range. 87 FR
18936, 18943. For these units, DOE proposed to test at the highest
thermostat setting. Id. This would allow for testing the BVM under the
setting closest to the required IAT. Id. DOE proposed to amend the
definition of ``lowest application product temperature'' in section 1.2
of appendix B as follows:
(a) For units that operate only at temperatures above the
integrated average temperature specified in Table 1 of ANSI/ASHRAE
Standard 32.1-2022: The lowest integrated average temperature a given
basic model is capable of maintaining so as to comply with the
temperature stabilization requirements specified in section 7.2.2.2 of
ANSI/ASHRAE Standard 32.1-2022.
(b) For units that operate only at temperatures below the
integrated average temperature specified in Table 1 of ANSI/ASHRAE
Standard 32.1-2022: The highest integrated average temperature a given
basic model is capable of maintaining so as to comply with the
temperature stabilization requirements specified in section 7.2.2.2 of
ANSI/ASHRAE Standard 32.1-2022. Id.
DOE requested comment on its initial determination to maintain the
existing LAPT approach for units that operate only at temperatures
above 36 [deg]F 1 [deg]F. 87 FR 18936, 18944. DOE also
requested comment on its proposal to require testing at the highest IAT
a given basic model is capable of maintaining for units that are only
capable of operating at temperatures below 36 [deg]F 1
[deg]F. Id.
In response to the March 2022 NOPR, NAMA agreed with DOE's proposal
to maintain the current LAPT provisions and to require testing at the
highest thermostat setting for BVMs that are only capable of
maintaining temperatures below the 36 [deg]F range. (NAMA, No. 14, p.
4)
The Joint Commenters supported DOE's proposed provisions for
testing units only capable of operating below 36 [deg]F 1
[deg]F at their highest thermostat setting, as well as DOE's proposal
to update the definition of LAPT to include this situation. Regarding
DOE's proposal to maintain the current test provisions for units only
capable of operating at temperatures above 36 [deg]F 1
[deg]F, the Joint Commenters expressed concern that units tested at
operating temperatures above the specified test temperature, thus
consuming less energy (i.e., by cooling to a higher temperature), can
more easily comply with the energy conservation standards. The Joint
Commenters encouraged DOE to consider defining a separate category for
BVMs only capable of operating at temperatures above 36 [deg]F 1 [deg]F and to establish a separate test temperature for such
units. (Joint Commenters, No. 13, p. 1)
Regarding the concerns expressed by the Joint Commenters about
units that operate only at temperatures above 36 [deg]F 1
[deg]F, as discussed previously, the LAPT test provisions produce test
results that are representative of the actual operation of such models.
Accordingly, the LAPT test provisions measure the energy use of those
BVMs during a representative average use cycle or period of use as
required by EPCA. (42 U.S.C. 6293(b)(3)) DOE considers equipment class
definitions and the applicability of any energy conservation standards
to each defined class as part of separate energy conservation standards
rulemakings.\14\ For the reasons discussed previously in this final
rule and in the March 2022 NOPR, DOE is maintaining the existing LAPT
approach for units that operate only at temperatures above 36 [deg]F
1 [deg]F and amending the definition of LAPT to more
explicitly address such units, as proposed in the March 2022 NOPR.
---------------------------------------------------------------------------
\14\ DOE is currently conducting an energy conservation
standards rulemaking for BVMs. See docket number EERE-2020-BT-STD-
0014 at www.regulations.gov.
---------------------------------------------------------------------------
For BVMs that are only capable of maintaining temperatures below 36
[deg]F 1 [deg]F, DOE is adopting the provisions proposed in
the March 2022 NOPR to
[[Page 28390]]
require testing such units at the highest IAT the unit is capable of
maintaining (i.e., the highest thermostat setting) and to amend the
definition of LAPT to more explicitly address such units.
5. Payment Mechanisms
Section 2.2.5.1 of appendix B requires testing BVMs with (1) no
payment mechanism in place, (2) the payment mechanism in place but de-
energized, or (3) the payment mechanism in place but set to the lowest
energy consuming state if it cannot be de-energized. A default payment
mechanism energy consumption value of 0.20 kilowatt-hours per day (kWh/
day) is added to the measured energy consumption, according to section
2.3 of appendix B. In section 7.1.2.2. of ANSI/ASHRAE Standard 32.1-
2022, payment mechanisms are required to be disconnected during
testing.
In the July 2015 Final Rule, DOE determined that because payment
mechanisms are variable and not always included in the machine at the
time of sale, it is difficult to unambiguously specify a
``representative'' payment mechanism or device combination. 80 FR
45758, 45776. DOE concluded that conducting physical testing of BVMs
with no payment mechanisms installed, as opposed to testing with
payment mechanisms in place, is the most straightforward, repeatable,
and unambiguous approach. Id. Because payment mechanisms are integral
to the vending function of BVMs, DOE established the 0.20 kWh/day value
based on a weighted average energy consumption of 25 different payment
mechanisms available at the time of the July 2015 Final Rule, which
included 11 coin mechanisms, 11 bill validators, and 3 credit card
readers. 80 FR 45758, 45777.
In the March 2022 NOPR, based on a survey of units currently
available on the market, DOE observed that coin and bill payment
mechanisms are typically included with BVMs as sold or shipped, but
that credit card readers are typically sold as an optional feature and
are sold separately from BVMs. 87 FR 18936, 18944. DOE also discussed
in the March 2022 NOPR a lack of data regarding the relative use of
credit card readers as compared to coin and bill payment mechanisms.
Id.
As presented in the March 2022 NOPR, DOE conducted a review of
currently available payment mechanisms to determine whether the
previously derived 0.20 kWh/day default payment mechanism energy
consumption is appropriate. 87 FR 18936, 18944. DOE reviewed
manufacturer specifications for 3 coin changers, more than 30 bill
validators, and 2 credit card readers. Id. A summary of the calculated
daily energy consumptions for each payment mechanism type based on the
manufacturer specifications is presented in Table III.I.
Table III.I--Payment Mechanism Energy Consumption Summary as Presented in the March 2022 NOPR
----------------------------------------------------------------------------------------------------------------
Average calculated Range of calculated
Payment mechanism type daily energy daily energy
consumption (kWh/day) consumption (kWh/day)
----------------------------------------------------------------------------------------------------------------
Coin Changer...................................................... 0.07 0.01 to 0.12
Bill Validator.................................................... 0.11 0.04 to 0.17
Credit Card Reader................................................ 0.10 0.07 to 0.12
----------------------------------------------------------------------------------------------------------------
In the March 2022 NOPR, DOE tentatively determined that requiring a
payment mechanism included with a BVM as shipped (i.e., the coin and
bill payment mechanism) to be energized during testing would provide a
more representative measure of energy use compared to the current
default value specified in the test procedure. 87 FR 18936, 18944. DOE
proposed to amend the test procedure to require that if a BVM is
shipped with coin and/or bill payment mechanisms in place, the payment
mechanisms shall be energized during testing, but not until the
compliance date of any amended energy conservation standards. Id.
Because credit card readers are more likely to be optional features or
sold separately, DOE proposed to maintain the existing approach for
testing in which (1) credit card payment mechanisms would be
disconnected or de-energized if possible or (2) credit card payment
mechanisms would remain in place but set to the lowest energy consuming
state if they cannot be de-energized. 87 FR 18936, 18944-18945. To
account for the possibility that a BVM may be shipped with no payment
mechanism in place, DOE proposed to maintain the 0.20 kWh/day energy
use adder to represent the energy consumption of a payment mechanism
during representative use. 87 FR 18936, 18945.
DOE requested comment on its proposal to require testing with coin
and bill payment mechanisms energized if they are included in the BVM
as shipped. 87 FR 18936, 18945. DOE also requested comment on whether
this approach would result in any additional test burden. Id. DOE
additionally requested comment on its proposal to require that any
credit card payment mechanisms for testing be disconnected or de-
energized, if possible, or in place but set to the lowest energy
consuming state if they cannot be de-energized. Id. DOE further
requested information on the continued use of the 0.20 kWh/day energy
use adder for BVMs shipped with no coin or bill payment mechanisms in
place. Id. DOE also requested comment on the proposal not to require
the use of these amendments until the compliance date of any future
amended energy conservation standards for BVMs. Id.
The Joint Commenters supported DOE's proposed provisions relating
to bill and coin payment mechanisms but expressed concern that the
energy consumed by credit card readers would not be captured through
direct testing nor accurately captured through the application of the
0.2 kWh power adder. (Joint Commenters, No. 13, p. 1-2) The Joint
Commenters encouraged DOE to extend its proposal to all types of
payment mechanisms shipped with BVMs and require credit card readers to
be energized during testing if they are sold with the models. Id.
NAMA commented that its survey showed the percentage of machines
shipped with payment systems ranged from 5 to 98 percent by
manufacturer. (NAMA, No. 14, p. 4) NAMA added that some manufacturers
ship 80 to 98 percent of units with a payment system, while other
manufacturers ship far fewer units with payment systems, instead
allowing the customer to add a payment system later. Id. NAMA further
commented that there can be multiple coin, bill, and credit card
readers for each model of each machine. (NAMA, No. 14, p. 5) NAMA added
that for machines shipped with a payment system, DOE's proposal would
require creating a matrix of multiple machine types to be tested with
multiple
[[Page 28391]]
payment types by multiple manufacturers of the payment systems. Id.
NAMA also commented that new technologies are regularly entering the
market, and that many BVMs must incorporate cell phone payment, credit
card chip pass-by systems, and telemetry systems. Id. NAMA added that
BVM manufacturers often receive a new payment system from a customer
shortly before production and asserted that DOE's proposal would
require production of BVMs to be put on hold until energy testing of
such new payment systems is completed. Id.
NAMA disagreed with DOE's estimate of the cost of testing for
different payment mechanisms. (NAMA, No. 14, p. 9) NAMA stated that the
cost is much higher than $8,300 per basic model. Id. In addition, NAMA
noted that each time a manufacturer seeks to make a change that in any
way affects the energy use of the machine, it would necessitate the
entire matrix of tests with every possible combination of payment
mechanisms. Id. Lastly, NAMA added that substantive changes to the
major energy-using components of a BVM (e.g., new compressor, new
condenser, new evaporator) necessitate a complete review by the safety
certification organization; that the cost of such a retest is far more
than DOE's estimate and could take 3 months or more; and that DOE did
not include safety recertification in its estimated cost of testing.
Id.
NAMA commented that testing multiple combinations would be onerous,
and stated that while NAMA would agree using an automatic 0.20 kWh/day
factor may not be the most accurate in all cases, the current use of
this factor is better than requiring hundreds of hours of laboratory
testing for the sake of a fraction of a kWh/day difference. (NAMA, No.
14, p. 5) In response to DOE's statement that manufacturers would not
be required to retest or recertify BVMs because of the proposed payment
mechanism approach until the new standard is effective, NAMA asserted
that manufacturers would have to engage in considerable testing before
and after the new test procedure becomes required. (NAMA, No. 14, p. 6)
NAMA commented that all of the additional testing described in their
comment seems unnecessary with regard to a difference in energy use of
0.003 kWh/day. Id.
DOE has further considered its approach regarding payment
mechanisms based on these comments and additional analysis and review
of the data and information presented in the March 2022 NOPR. The
available information demonstrates that a wide (and growing) variety of
payment systems is currently available on the market; the most common
scenario is for the payment mechanism to be specified (and in some
cases, provided) by the customer; and the customer may decide whether
to have the payment mechanism installed by the BVM manufacturer at the
time of sale. DOE has further analyzed the energy use data presented in
the March 2022 NOPR and has concluded that the difference in energy use
between types of payment mechanisms (e.g., generally less than 0.1 kWh/
day) is a small fraction of the measured daily energy consumption of
the BVM as currently tested (e.g., ranging from 2.2 to 4.9 kWh/day for
models currently listed in DOE's CCD). DOE also notes that the combined
average calculated daily energy use of a coin changer and bill
validator as presented in Table III.I (i.e., 0.18 kWh/day)--which
represents a typical combination of payment mechanisms available on
BVMs--closely matches the default adder (0.20 kWh/day). DOE has also
further considered the additional test burden that could result from
requiring a payment mechanism that is included with the BVM as shipped
to be energized during testing, as suggested by commenters.
Based on these considerations, DOE has determined that requiring a
payment mechanism to be energized during testing if it is included with
a BVM as shipped may not necessarily provide a more representative
measure of energy use compared to the current test method, and that any
improvement in representativeness resulting from such a requirement
would be outweighed by the additional test burden that may be required,
as described in stakeholder comments. Therefore, in this final rule,
DOE is not amending the test provisions with regard to payment
mechanisms as it proposed to do in the March 2022 NOPR. Instead, DOE
has determined to maintain the current test provisions, which specify a
default 0.2 kWh/day adder.
6. Low Power Modes
Appendix B incorporates definitions and test requirements for two
types of low power modes: \15\ accessory low power mode and
refrigeration low power mode. Section 7.2.2.6.2 of ANSI/ASHRAE Standard
32.1-2022 requires that low power modes not be allowed to operate
during testing.
---------------------------------------------------------------------------
\15\ ``Low power mode'' means a state in which a BVM's lighting,
refrigeration, and/or other energy-using systems are automatically
adjusted (without user intervention) such that they consume less
energy than they consume in an active vending environment. See
section 1.2 of appendix B.
---------------------------------------------------------------------------
In the July 2015 Final Rule, DOE acknowledged that the two types of
low power modes incorporated into the test procedure may not address
all forms of low power modes available in the BVM market. 80 FR 45758,
45786. DOE identified ``learning-based'' energy management controls
that use historical sales and traffic data to predict times of high and
low traffic; however, DOE did not propose a test procedure for such
controls, determining that it would be difficult to develop a
repeatable test procedure to evaluate the energy savings of such
controls during a 24-hour test in a laboratory. Id.
In the March 2022 NOPR, DOE described its expectation that the
impacts of any learning-based controls would vary based on specific
field installation and usage scenarios. 87 FR 18936, 18945. DOE stated
that it was not aware of, and interested parties had not previously
provided, any data that could be used to determine the impacts of
learning-based controls on energy use (e.g., by increasing the amount
of time spent in either accessory low power mode or refrigeration low
power mode rather than vending mode). Id. DOE also tentatively
maintained its prior determination that it would be difficult to
develop a repeatable and reproducible test procedure to evaluate the
energy savings of such controls during a 24-hour test in a laboratory.
Id. For these reasons, DOE did not propose to account for ``learning-
based'' controls in the test procedure. Id. DOE tentatively determined
to continue accounting for operation in accessory low power mode and
refrigeration low power mode, as described in the following sections.
Id.
NAMA commented that it disagrees with a comment submitted by the
Appliance Standards Awareness Project (ASAP) and Natural Resources
Defense Council (NRDC) in response to the May 2021 RFI that asserted
that maintaining the provisions for low power mode testing, which are
not included in ANSI/ASHRAE 32.1-2017, would incentivize manufacturers
to incorporate more energy management controls to reduce energy
consumption. (NAMA, No. 13, pp. 2-3; see also ASAP and NRDC, No. 4, p.
1) NAMA stated that its members are constantly improving the energy
efficiency of BVMs, and manufacturers will use energy management
controls when the improvement to efficiency and the cost are
appropriate. Id.
NAMA also stated that it is not prepared to comment on the energy
benefits of ``learning-based'' energy
[[Page 28392]]
management controls. (NAMA, No. 14, p. 6) NAMA commented that this is a
new and changing field and suggested that DOE not engage in this
investigation at this time, as the technologies are still unknown. Id.
NAMA added that the impacts of any learning-based controls would vary
greatly by the specific field installation and usage scenarios, many of
which are set by the end user, not the BVM manufacturer. Id.
At this time, DOE remains unaware of, nor have interested parties
provided, any data that could be used to determine the impacts of
learning-based controls on energy use (e.g., by increasing the amount
of time spent in either accessory low power mode or refrigeration low
power mode rather than vending mode). DOE also maintains its prior
determination that it would be difficult to develop a repeatable and
reproducible test procedure to evaluate the energy savings of such
controls during a 24-hour test in a laboratory. For these reasons, DOE
has determined not to amend the test procedure to account for
``learning-based'' controls, consistent with the March 2022 NOPR. DOE
has determined to continue accounting for operation in accessory low
power mode and refrigeration low power mode in the test procedure, as
described in the following sections.
a. Accessory Low Power Mode
Section 1.2 of appendix B defines accessory low power mode as a
state in which a BVM's lighting and/or other energy-using systems are
in low power mode, but not a refrigeration low power mode. Functions
that may constitute an accessory low power mode may include, for
example, dimming or turning off lights, while not including adjustment
of the refrigeration system to elevate the temperature of the
refrigerated compartment(s). Section 2.2.4 of appendix B states that
accessory low power mode may be engaged for the final 6 hours of the
24-hour test period and requires that the BVM be operated in the lowest
energy-consuming lighting and control settings for testing this mode.
Section 2.2.4 also requires that any automatic activation of
refrigeration low power modes be prevented during the accessory low
power mode test period.
The 24-hour test procedure starts after a BVM achieves
stabilization as determined in vending mode. See section 2.1.1.1 of
appendix B. The test period ends with 6 hours of operation in accessory
low power mode, a different operating state than at the start. Although
the refrigeration system and cabinet temperatures would likely not
change in accessory low power mode (because this mode does not include
adjustment of the refrigeration system to elevate the temperature of
the refrigerated compartment(s)), a transient recovery period may be
required for a BVM to return to stable operation in vending mode after
6 hours operating in accessory low power mode. If such a recovery
period exists, testing the accessory low power mode during the middle
of the 24-hour test period may be more representative by capturing any
transition periods between operating modes.
In the March 2022 NOPR, DOE discussed its observations from testing
that measured temperatures remain unchanged during operation in vending
mode and accessory low power mode. Id. DOE also explained that the
existing test approach limits test burden by requiring only one
operating mode transition during the 24-hour test period. Id. Moving
the accessory low power mode operation to a period other than at the
end of the 24-hour test period may require technicians to provide
additional input to the unit during the test (i.e., once to enter
accessory low power mode and again to reenter vending mode), depending
on the BVM's controls. Id. For these reasons, DOE did not propose in
the March 2022 NOPR any changes to the current test procedure approach
of requiring accessory low power mode to be tested at the end of the
24-hour test period. Id.
In the March 2022 NOPR, DOE acknowledged in response to commenters
that BVMs may be used in a variety of locations and that the actual
duration of accessory low power mode use will vary based on
installation location. 87 FR 18936, 18946. In the NOPR preceding the
July 2015 Final Rule, DOE stated that the 6-hour duration was selected
as a representative length of time for the low power mode test period
based on the fact it is intended to represent off hours between periods
of vending when the facility may be closed or have low occupancy. 79 FR
46908, 46926. While DOE recognized that there exists a range of types
of low power mode controls and time periods for which these controls
are enabled, DOE determined that a timeframe of 6 hours was a
reasonable representation of average field use. Id.
In the March 2022 NOPR, DOE stated it was not aware of data
indicating that durations other than the currently defined 6 hours
would be more representative of typical BVM operation in accessory low
power mode. 87 FR 18936, 18946. The intent of the accessory low power
mode test period remains unchanged from the July 2015 Final Rule
approach (i.e., representing off hours between periods of vending when
the facility may be closed or have low occupancy). Id. Given the lack
of any data supporting a change to this approach, DOE did not propose
any changes to the 6-hour duration for accessory low power mode
testing. Id.
NAMA commented that it agrees with DOE's conclusion not to change
the accessory low power mode testing at this time. (NAMA, No. 14, p. 6)
NAMA also agreed with DOE that BVMs may be used in a variety of
locations and the actual duration of the accessory low power mode will
be based on the installation location as well as the choice of the
customer/user. Id. NAMA commented that the BVM manufacturer may not
have control over either this period or the environment, and these are
at the discretion of the customer. Id. Finally, NAMA commented that the
current method works and that NAMA believes it is better to establish a
clear, reasonable, and reproducible method than it is to measure
something so highly variable. Id.
In consideration of these comments, and lacking any new information
that would contradict DOE's prior considerations of this issue, DOE has
determined to maintain the existing accessory low power mode approach,
consistent with the March 2022 NOPR.
b. Refrigeration Low Power Mode
Section 1.2 of appendix B defines refrigeration low power mode as a
state in which a BVM's refrigeration system is in low power mode
because of elevation of the temperature of the refrigerated
compartment(s). Section 2.3.2.1 of appendix B includes provisions for
confirming the presence of a refrigeration low power mode, either
through an increase in average next-to-vend beverage temperature or
lack of compressor operation. Unlike accessory low power mode, appendix
B does not include a direct test of refrigeration low power mode.
Instead, BVMs with refrigeration low power mode receive a 3-percent
reduction in DEC as measured. See section 2.3.2 of appendix B.
In the July 2015 Final Rule, DOE determined that a 3-percent energy
reduction was more appropriate than a physical test of refrigeration
low power mode because refrigeration low power modes are extremely
variable in their control strategies and operation and may require
instructions from the manufacturer to accommodate specific provisions
of a physical test. 80 FR
[[Page 28393]]
45758, 45785. DOE stated that a physical test would reduce consistency
and repeatability and would make the method impractical to implement.
Id.
DOE established the 3-percent credit for refrigeration low power
mode by testing several BVMs with this mode. DOE noted in the July 2015
Final Rule that this value is an average that is representative of the
common types of refrigeration low power modes available in the
marketplace. 80 FR 45758, 45786.
In the March 2022 NOPR, DOE did not propose any changes to the
current refrigeration low power mode and validation test method. 87 FR
18936, 18946. DOE also tentatively determined that the challenges of
implementing a refrigeration low power mode test would remain the same
as those considered in the July 2015 Final Rule. Id. at 87 FR 18936,
18947. Specifically, DOE observed that the implementation of
refrigeration low power mode would depend on the specific control
parameters entered by the user or installer regarding duration,
operating temperatures, and operation of the refrigeration system. Id.
Additionally, establishing a consistent, repeatable test (i.e.,
measuring refrigeration low power mode operation over a defined
duration from initiation of the low power mode until temperature
recovery to the specified test temperature) may require specific
instructions from the manufacturer to modify the controls in such a way
as to accommodate the specific requirements of a physical test. Id.
Testing on a consistent basis would also likely require an iterative
process to identify the appropriate test settings. Id. Due to the
difficulty of accounting for the wide variety of refrigeration low
power modes in a consistent, fair, and reasonable manner, as well as
the potential burden of any such test approach, DOE did not propose any
changes to the current calculation approach to account for operation in
refrigeration low power mode. Id.
In the March 2022 NOPR, DOE also did not propose any changes to the
3-percent credit as the energy reduction associated with refrigeration
low power mode. 87 FR 18936, 18947. DOE acknowledged that the actual
energy impact of refrigeration low power mode would vary depending on
the user-specified control parameters for that mode, including duration
and temperature settings or refrigeration system control. Id. The
investigative testing used to determine the 3-percent credit assumed 6
hours of operation in refrigeration low power mode, including the time
needed for temperature recovery. 79 FR 46908, 46925-46926. DOE did not
propose any changes to the 6-hour test period for accessory low power
mode, and therefore is maintaining the estimate of refrigeration low
power mode impact based on that same duration. Id.
In the March 2022 NOPR, DOE requested comment on its initial
determination to maintain the existing calculation approach to account
for operation in refrigeration low power mode. 87 FR 18936, 18947. DOE
continued to seek information and data on whether the assumed operating
period (6 hours) and corresponding energy consumption impact (3
percent) are appropriate for BVMs operating in refrigeration low power
mode. Id.
NAMA commented that it did not believe any amendments were
necessary for the definition of refrigeration low power mode. (NAMA,
No. 14, p. 7) NAMA added that it was not aware of any other
refrigeration low power mode that cannot meet the definition or
validate the test method. Id.
NAMA also commented in response to DOE's questions of whether a
physical test to account for low power mode is feasible and what burden
would be associated, stating it did not believe a physical test was
necessary, and any such test would be a significant burden to
manufacturers. (NAMA, No. 14, p. 7) NAMA stated that there are many
such low power modes for refrigeration based on end customer use, not
necessarily by the BVM manufacturer. Id. NAMA agreed with DOE that the
challenges of implementing a refrigeration low power mode test remain
the same as in 2015. Id.
NAMA further commented that manufacturers do not own the equipment
in the field and often have no contact with the machines once placed in
the field. NAMA stated that from what little information it has, the 3-
percent credit and the 6-hour low power mode test period are
reasonable, approximate the current status, and are as accurate as
possible at this time. (NAMA, No. 14, p. 7) NAMA also noted that some
of the commenters stated that the 3-percent credit might be inhibiting
to technology, and that NAMA members do not agree with this
assessment.\16\ Id.
---------------------------------------------------------------------------
\16\ NAMA did not specify the commenters referenced, but DOE
expects that NAMA is referencing the comment from ASAP and NRDC that
stated that the 3-percent credit may be inhibiting further
improvements by failing to differentiate between refrigeration low
power mode control strategies. (ASAP and NRDC, No. 4, p. 1)
---------------------------------------------------------------------------
In consideration of these comments, and lacking any new information
that would contradict DOE's prior considerations of this issue, DOE is
maintaining the existing test procedure provisions and 3-percent energy
credit for refrigeration low power mode, consistent with the March 2022
NOPR.
7. Reloading and Recovery Periods
The existing DOE test procedure considers BVM performance only
during stable operation (including any operation in accessory low power
mode). During typical use, BVMs are regularly opened and restocked with
warmer beverages. DOE discussed in the March 2022 NOPR that accounting
for BVM energy use during restocking periods and the subsequent product
temperature recovery periods may better represent the actual energy use
of BVMs during normal operation. 87 FR 18936, 18947.
As stated in section III.B of this document, ANSI/ASHRAE Standard
32.1-2022 provides an additional recovery test to determine the
temperature recovery time of the BVM when loaded with product at a
certain temperature, whereas appendix B contains no such test. This
recovery test does not include a measurement of the corresponding
energy consumption. Table 2 in ANSI/ASHRAE Standard 32.1-2022 specifies
the reloaded sealed beverage temperature, 90 [deg]F, and the final,
instantaneous average next-to-vend beverage temperature, 40 [deg]F, for
the recovery test. Additionally, Table 4 in ANSI/ASHRAE Standard 32.1-
2022 lists the door-open durations, between 10 and 20 minutes, required
during the recovery test while reloading the BVM.
DOE also discussed in the March 2022 NOPR that based on typical
operating descriptions provided in vending industry websites,\17\ DOE
expected that BVM restocking events are relatively infrequent, on the
order of once per week, while the remainder of BVM operating time is
spent in stable operation. Id. DOE tentatively determined that the
current test procedure based on stable operation measures energy
consumption during a representative average use cycle or period of use
and therefore did not propose any additional testing to account for
reloading events. Id.
---------------------------------------------------------------------------
\17\ See www.vendnetusa.com/blogs/news/how-often-should-you-restock-your-vending-machines?_pos=1&_sid=bc71729a1&_ss=r and
www.vendnm.com/often-restock-inspect-vending-machine/, both of which
refer to restocking once per week.
---------------------------------------------------------------------------
In response to the March 2022 NOPR, NAMA commented that the current
appendix B does not contain a temperature recovery period. (NAMA, No.
14, pp. 7-8) NAMA stated that while machine manufacturers do not have
daily contact with machines once in the field, from what NAMA can tell
[[Page 28394]]
BVM restocking does not represent significant change in yearly energy
consumption. Id. NAMA agreed with DOE's assertion that restocking
appears to be relatively infrequent, on the order of once a week. Id.
NAMA also stated that an additional test for these characteristics is
not needed nor reasonable. Id.
The Joint Commenters encouraged DOE to investigate units that may
have frequent door openings and to consider test procedure amendments
for this type of product. (Joint Commenters, No. 13, p. 2) The Joint
Commenters specifically described what appears to be a reach-in style
unit on the market that is designed so that users open the door to
reach in and obtain the beverage product, instead of the product being
vended from a chute.\18\ Id. The Joint Commenters stated that with such
a design, the current and proposed test procedures would not capture
door openings, likely underestimating the energy consumption. Id.
---------------------------------------------------------------------------
\18\ See www.buyvending.com/shop/new-vending-machines/drink-vending-machines/piranha-g525-drink-vending-machine-cashless/.
---------------------------------------------------------------------------
With regard to the specific reach-in style unit described by the
Joint Commenters, DOE has determined that while this unit appears to
contain a payment mechanism, the design and function of the unit
appears to meet the definition of a commercial refrigerator, freezer,
and refrigerator freezer at 10 CFR 431.62 and does not meet the
definition of a refrigerated bottled or canned beverage vending machine
at 10 CFR 431.292.
In consideration of these comments and lacking any new information
that would contradict DOE's prior considerations of this issue, DOE has
determined to maintain the current test procedure without any reloading
or recovery period requirements, consistent with the March 2022 NOPR.
8. Refrigerant Leak Mitigation Controls
The current BVM test procedure requires that, unless specified
otherwise, all standard components that would be used during normal
operation of the basic model in the field and are necessary to provide
sufficient functionality for cooling and vending products in field
installations (i.e., product inventory, temperature management, product
merchandising (including, e.g., lighting or signage), product
selection, and product transport and delivery) shall be in place during
testing and shall be set to the maximum energy-consuming setting if
manually adjustable. See section 2.2.5 of appendix B. Appendix B
further requires that components not necessary for the inventory,
temperature management, product merchandising (e.g., lighting or
signage), product selection, and product transport and delivery shall
be de-energized, or if they cannot be de-energized without preventing
the operation of the machine, then they shall be placed in the lowest
energy consuming state. Id. Any components with controls that are
permanently operational and cannot be adjusted by the machine operator
shall be operated in their normal setting. Id.
Leak mitigation controls are a component that may be offered on
BVMs, particularly in conjunction with flammable refrigerants. In a
final rule published April 10, 2015, the Environmental Protection
Agency listed propane (R-290), isobutane (R-600a), and the hydrocarbon
blend R-441A as acceptable refrigerants for use in BVMs, subject to a
150-gram charge limit per refrigeration circuit and other safety
measures to address flammability. 80 FR 19454, 19491. Due to the
flammability of these refrigerants, BVMs using hydrocarbon refrigerants
may need to implement additional controls and components to mitigate
the risk of ignition from any potential refrigerant leaks. The need for
such controls also may vary depending on the intended installation
location for BVMs.
To the extent that leak mitigation controls on a particular BVM are
a user-controllable accessory (i.e., if they can be turned off), such a
BVM would be able to provide product inventory, temperature management,
product merchandising, product selection, and product transport and
delivery without the leak mitigation controls functioning, in which
case such controls would be de-energized for testing pursuant to the
requirements of section 2.2.5 of appendix B. However, if the leak
mitigation controls are permanently operational and cannot be adjusted
by the user, section 2.2.5 of appendix B requires that such controls be
operated in their normal setting during testing.
DOE tentatively determined in the March 2022 NOPR that although
section 2.2.5 of appendix B currently addresses the use of refrigerant
leak mitigation controls during testing, further specification may help
ensure reproducible testing. 87 FR 18936, 18948. DOE therefore proposed
to amend the test procedure to provide specific instructions regarding
the use of refrigerant leak mitigation controls consistent with the
current requirements in appendix B. Id. Specifically, DOE proposed in
the newly added section 2.2.5.11 of appendix B that if the use of
refrigerant leak mitigation controls is a user-controlled function
(e.g., if the use of the controls are optional and intended only for
specific installations), the controls would be de-energized or in their
lowest energy consuming state during testing. Id. If refrigerant leak
mitigation controls are not user controlled and are always operational,
DOE proposed that the controls would be operational for testing. Id.
In the March 2022 NOPR, DOE acknowledged that the investigative
work regarding refrigerant leak mitigation is ongoing; however, DOE
stated that if refrigerant leak mitigation controls always operate and
cannot be de-energized by the user, accounting for the energy use of
such controls would ensure that the DOE test procedure measures energy
consumption during a representative average use cycle or period of use
as required by EPCA. 42 U.S.C. 6293(b)(3); 87 FR 18936, 18948.
As discussed in the March 2022 NOPR, the proposed instructions
regarding refrigerant leak mitigation controls are consistent with the
current requirements in section 2.2.5 of appendix B, therefore, DOE did
not expect the proposed amendments to affect current BVM ratings or
result in any additional testing costs. 87 FR 18936, 18948. DOE
requested comment on the proposed instructions regarding refrigerant
leak mitigation control settings for BVM testing. Id. Specifically, DOE
requested information regarding how such controls are currently or
expected to be implemented in BVMs, including whether the controls can
be controlled by the user. Id.
In the NOPR public meeting, AHRI described the complexity of
refrigerant transitions with respect to timing and stated that it would
be helpful for DOE to coordinate with other agencies on this matter.
(AHRI, Public Meeting Transcript, No. 12, pp. 18-20) AHRI specifically
mentioned the need for building codes to be in place in order to use
new refrigerants (e.g., R-290). Id.
In response to the March 2022 NOPR, NAMA commented that its members
have been working for more than 5 years to adopt new lower global
warming potential (GWP) refrigerants. (NAMA, No. 14, p. 8) NAMA further
commented that in 2021, DOE requested information on additional
equipment or controls that manufacturers might need to mitigate a leak
situation, and that in 2021 NAMA was engaged with Oak Ridge National
Laboratory and DOE in a Cooperative Research and Development Agreement
(CRADA). (NAMA, No. 14, p. 8) NAMA noted that the COVID-19 pandemic
caused many delays in the CRADA,
[[Page 28395]]
resulting in delayed and reduced testing. Id. NAMA commented that an
interim report issued at the end of 2021 showed that an increase in
ventilation is helpful in reducing the concentration should a leak in
the refrigerant system occur. Id. NAMA commented that because the new
refrigerants are ASHRAE 34 Class A-3 and considered flammable, BVM
manufacturers must explore and take steps to reduce the risk of a leak
from the refrigerant system. Id. NAMA commented that this type of
equipment might need to be energized in some circumstances to move air
all the time, in addition to controls that could energize the
ventilation equipment when a leak is discovered. Id. NAMA stated that a
specific, accurate, reliable refrigerant sensor is not yet available;
therefore, NAMA is continuing the CRADA in 2022 to consider other means
of sensing a leak. Id.
NAMA further commented that the use of additional ventilation,
whether all the time or in a leak scenario, is important for product
and consumer safety, although at this time NAMA does not know exactly
what these mechanisms might be. (NAMA, No. 14, p. 8) NAMA stated that
DOE should not impede technology options by assessing an ``energy
penalty'' to BVM manufacturers when the manufacturers deem it necessary
to use such safety components. Id. NAMA urged DOE not to include the
energy use of these safety measures, particularly not before results of
the current CRADA are available. Id. NAMA stated that it is highly
unlikely that leak mitigation components would be customer controlled
if they are used. Id. NAMA stated that at this time, it is too early to
predict what leak mitigation controls might be used. Id.
NAMA further stated that it understands DOE and other branches of
the U.S. Government encourage the use of low GWP refrigerants and asked
that all measures under the DOE test procedure not increase the time to
adopt these refrigerants. Id.
In response to the March 2022 NOPR, the Joint Commenters supported
DOE's proposed specifications for refrigerant leak mitigation controls,
specifically commenting that if the refrigerant leak mitigation
controls are always on, they should be energized and operational for
testing. (Joint Commenters, No. 13, p. 2)
In consideration of the feedback provided by commenters, DOE has
determined to amend the test procedure to include additional
instructions for refrigerant leak mitigation controls; however, DOE has
determined to modify the test procedure provisions as originally
proposed in the March 2022 NOPR to better address commenters' concerns
that refrigerant leak mitigation controls are not a consumer-
controllable function. Rather, comments from stakeholders suggest that
refrigerant leak mitigation controls, if included in a BVM, would be
integral to the function of the unit.
Therefore, DOE is modifying the proposed provisions of section
2.2.5.11 of appendix B to more accurately differentiate between
refrigerant leak mitigation controls that are independent from the
refrigeration or vending performance of the BVM (rather than describing
such controls as a user-controlled function, as proposed in the March
2022 NOPR) from controls that are integrated into the BVM such that
they cannot be de-energized without disabling the refrigeration or
vending functions of the BVM or modifying the circuitry (rather than
describing such controls as not user-controlled and always operational,
as proposed in the March 2022 NOPR). The finalized language of section
2.2.5.11 specifies that for refrigerant leak mitigation controls that
are independent from the refrigeration or vending performance of the
BVM, such controls must be disconnected, disabled, or otherwise de-
energized for the duration of testing. For refrigerant leak mitigation
controls that are integrated into the BVM cabinet such that they cannot
be de-energized without disabling the refrigeration or vending
functions of the BVM or modifying the circuitry, such controls must be
placed in an external accessory standby mode, if available, or their
lowest energy-consuming state.
DOE notes that this provision is similar to DOE's current test
procedure provisions for external lighting and displays. Consistent
with the March 2022 NOPR, DOE does not expect this amendment to affect
current BVM ratings or result in any additional testing costs.
9. Connected Functions
The current DOE test procedure for BVMs does not include specific
test requirements regarding connected or smart features, although
section 2.2.5 of appendix B provides instructions regarding
accessories. Section 2.2.5 of appendix B generally requires all
components necessary to provide sufficient functionality for cooling
and vending products in field installations (i.e., product inventory,
temperature management, product merchandising (including, e.g.,
lighting or signage), product selection, and product transport and
delivery) to be in place during testing and set to the maximum energy
consuming setting if manually adjustable. Other components not
necessary for such functionality are de-energized or set to their
lowest energy-consuming state.
In the March 2022 NOPR, DOE discussed that based on a review of
BVMs available on the market, the types of connected functions
identified by commenters in response to the May 2021 RFI did not appear
to be common. 87 FR 18936, 18948-18949. Additionally, DOE lacked
information on how frequently connected functions would be used on
BVMs. 87 FR 18936, 18949. Without such data, DOE had no information to
suggest that the current testing approach would produce results that
are unrepresentative of an average use cycle or period of use. Id. DOE,
therefore, did not propose any changes to the current test procedure
approach in section 2.2.5 of appendix B as applicable to connected
functions. Id. As described, the current approach requires testing with
connected functions energized if they are necessary to provide
sufficient functionality for cooling and vending products in field
installations. Connected functions that are not necessary to provide
sufficient functionality for cooling and vending products in field
installations are de-energized or placed in the lowest energy-consuming
state.
In the March 2022 NOPR, DOE requested comment on its tentative
determination to maintain the existing test procedure approach in
section 2.2.5 of appendix B as applicable to connected functions. 87 FR
18936, 18949. DOE continued to request information and data on the
prevalence of connected functions, the BVM functions associated with
them, how often they are used, and their corresponding energy use
impacts. Id.
NAMA commented that it does not have additional information on the
issue of connected functions and the energy impact of these functions
at this time. (NAMA, No. 14, pp. 8-9) NAMA noted that its industry is
in the early phase of investigating these functions and hopes to have
additional information in future years. Id.
Lacking any additional information that would contradict DOE's
prior considerations of this issue, DOE has determined to maintain the
current test procedure approach in section 2.2.5 of appendix B as
applicable to connected functions, consistent with the March 2022 NOPR.
10. Condenser Conditions
In the March 2022 NOPR, DOE acknowledged that the energy
consumption of BVMs can change over the lifetime of the equipment due
to
[[Page 28396]]
lack of maintenance or other factors; however, the DOE test procedure
considers the performance of new BVMs without considering any potential
long-term performance of the unit. 87 FR 18936, 18949. Regarding the
specific topic of condenser coil fouling, DOE stated that the end user
is responsible for properly maintaining the BVM, including any
condenser cleaning. Id. Accordingly, DOE did not propose to amend its
test procedure to account for operation with clogged condensers. Id.
While DOE does not account for lifetime energy consumption in its
BVM test procedure, it does consider energy consumption over the
lifetime of the equipment in the analysis conducted in support of
developing potential amended energy conservation standards for BVMs. In
such an analysis, DOE may apply adjustment factors to consider
performance degradation over time.
In the March 2022 NOPR, DOE requested any additional information
and data on how BVM energy consumption may change over the lifetime of
the equipment. 87 FR 18936, 18949. DOE also requested comment on
whether any performance degradation occurs consistently for all BVMs,
or whether the impacts vary depending on equipment type or specific
equipment designs. Id.
NAMA referenced comments submitted in response to the May 2021 RFI
by CoilPod, which questioned whether it would be possible for the test
procedure to account for the lack of coil cleanings by BVM users.
(NAMA, No. 14, p. 9; see also CoilPod, No. 3, p. 1) NAMA reiterated
that BVM manufacturers conduct testing for compliance with DOE
standards, but they do not own the machines once they are placed in a
retail landscape and have no ability to control whether cleaning is
accomplished or not. Id. NAMA stated that even if the machine came back
to the manufacturer for repair, energy testing would not be performed.
Id. NAMA commented that it is not aware of other electrical appliances
covered by DOE's standards program that need to account for changes in
energy use if maintenance is not performed. Id.
DOE has determined to maintain the current test procedure and not
amend the test procedure to account for the performance of the
condenser over the lifetime of a BVM, consistent with the March 2022
NOPR.
11. Removal of Obsolete Provisions
As discussed in section I.B, appendix B is required for testing
BVMs manufactured on or after January 8, 2019. As such, appendix A is
now obsolete for new units being manufactured. Therefore, in the March
2022 NOPR, DOE proposed to remove appendix A. 87 FR 18936, 18949. DOE
did not propose to redesignate appendix B as appendix A in order to
avoid confusion regarding the appropriate version of the test procedure
required for use. Id.
DOE did not receive comments in response to this topic and has
determined to remove appendix A as proposed in the March 2022 NOPR. DOE
has determined not to redesignate appendix B as appendix A in order to
avoid confusion regarding the appropriate version of the test procedure
required for use.
Additionally, the introductory note to appendix B currently
explains when manufacturers are required to use either appendix A or B
for compliance with energy conservation standards and representations
of energy use. DOE proposed to amend the introductory note to remove
the obsolete instructions and to instead provide clarifying language
regarding application of the payment mechanism provisions, as discussed
in section III.C.5 of this document. 87 FR 18936, 18949.
DOE did not directly receive comments on this topic. However, as
discussed in section III.C.5 of this final rule, DOE is not amending
the current provisions regarding the payment mechanism adder.
Therefore, DOE is not including clarifying language in the revised
appendix note regarding application of the payment mechanism provisions
as proposed in the March 2022 NOPR.
D. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
In the March 2022 NOPR, DOE proposed to amend the existing test
procedure for BVMs by referencing the most recent industry test
standard, providing setup instructions for non-beverage shelves,
updating the LAPT definition and instructions, requiring testing of
coin and bill payment mechanisms if shipped with the BVM (but not until
the compliance date of any amended energy conservation standards),
specifying setup instructions for leak mitigation controls, and
removing the obsolete appendix A. 87 FR 18936, 18949. DOE tentatively
determined that these proposed amendments would not impact testing
costs. Id. DOE requested comment on the tentative determination that
manufacturers would not incur any additional costs as a result of the
proposed amended test procedure. Id. DOE also requested comment on its
estimate of per-test costs, should manufacturers retest their BVM basic
models to comply with any future amended BVM energy conservation
standards. Id.
NAMA commented that it believes several of the changes discussed
and proposed in the NOPR are burdensome and will not assist DOE in
ascertaining more accurate energy use of BVMs. (NAMA, No. 14, p. 2)
NAMA commented that at the time of the May 2021 RFI, the industry
was struggling during the height of the COVID-19 pandemic. Id. NAMA
stated that many member company businesses shut down and the entire
industry was trying to survive with factories shuttered, employees
working from home, and low sales. Id. NAMA commented that it
appreciates DOE's understanding that the industry has faced a
tumultuous period and is still working to return to pre-pandemic
levels. Id.
NAMA commented that it agrees in principle with having tests for
energy use and energy efficiency when appropriate, when necessary, and
when limited in scope. (NAMA, No. 14, p. 9) NAMA noted, however, that
many of the commenters represent organizations that do not have to
spend hundreds of person-hours every week conducting tests or incur the
cost of using outside laboratories. Id. NAMA commented that while it is
easy for such organizations to comment in favor of additional tests,
these additional tests will not bring more overall accuracy, rather
only additional costs, and will do so when this manufacturing segment
is just recovering from a period of economic downturn due to the COVID-
19 pandemic. Id.
Other than the proposed amendment to measure coin and bill payment
mechanisms, the proposals in the March 2022 NOPR were generally
consistent with requirements under the current DOE test procedure. As
discussed in section III.C.5 of this final rule, DOE is not amending
the test provisions with regard to payment mechanisms as it proposed to
do in the March 2022 NOPR. Instead, DOE has determined to maintain the
current test provisions, which specify a default 0.2 kWh/day adder. As
a result, the amendments in this final rule harmonize with the industry
standard or provide additional test instructions but do not
substantively change testing as currently required in appendix B.
As discussed, the amendments improve the clarity of the DOE test
procedure while not substantively changing the current test approach.
As
[[Page 28397]]
a result, DOE has determined that the amendments will not result in any
additional costs for manufacturers, and manufacturers will be able to
rely on data generated under the current test procedure for BVMs
already available on the market.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA), or
estimated operating costs of that product during a representative
average use cycle or period of use. 10 CFR 431.4; section 8(c) of
appendix A of 10 CFR part 430, subpart C. In cases where the industry
standard does not meet EPCA statutory criteria for test procedures, DOE
will make modifications through the rulemaking process to these
standards as the DOE test procedure.
As discussed, the test procedure at appendix B incorporates by
reference ANSI/ASHRAE Standard 32.1-2010. This standard provides
definitions, test conditions, and test methods for measuring
refrigerated volume and energy consumption of BVMs. In the March 2022
NOPR, DOE requested comments on the benefits and burdens of the
proposed updates and additions to industry standards referenced in the
test procedure for BVMs. 87 FR 18936, 18950.
DOE did not receive comments in response to this topic. Consistent
with the March 2022 NOPR, DOE notes that the BVM test procedure at
appendix B includes a number of deviations to ANSI/ASHRAE Standard
32.1-2010. Specifically, appendix B refers only to certain sections of
ANSI/ASHRAE Standard 32.1-2010, includes additional definitions,
provides detailed setup and settings instructions, accounts for
operation in low power modes and payment mechanism energy consumption,
and provides rounding instructions. These deviations were established
to limit test burden (i.e., by not requiring additional testing as
specified in ANSI/ASHRAE Standard 32.1-2010), improve
representativeness, and improve repeatability and reproducibility of
the DOE test procedure as compared to the procedure in ANSI/ASHRAE
Standard 32.1-2010. Consistent with the March 2022 NOPR proposals, DOE
is amending the test procedure to incorporate by reference the most
recent version of the industry standard, ANSI/ASHRAE Standard 32.1-
2022. This version of the standard addresses certain deviations between
appendix B and ANSI/ASHRAE Standard 32.1-2010. For other deviations not
addressed in ANSI/ASHRAE Standard 32.1-2022, DOE has determined that
the existing deviations in appendix B are necessary and appropriate.
E. Effective and Compliance Dates
The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of the final rule in the Federal
Register. (42 U.S.C. 6293(c)(2)) EPCA provides an allowance for
individual manufacturers to petition DOE for an extension of the 180-
day period if the manufacturer may experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To receive such an extension,
petitions must be filed with DOE no later than 60 days before the end
of the 180-day period and must detail how the manufacturer will
experience undue hardship. (Id.)
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866,13563, and 14094
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,''
as supplemented and reaffirmed by E.O. 13563, ``Improving Regulation
and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011) and E.O. 14094,
``Modernizing Regulatory Review,'' 88 FR 21879 (April 11, 2023),
requires agencies, to the extent permitted by law, to (1) propose or
adopt a regulation only upon a reasoned determination that its benefits
justify its costs (recognizing that some benefits and costs are
difficult to quantify); (2) tailor regulations to impose the least
burden on society, consistent with obtaining regulatory objectives,
taking into account, among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in choosing among
alternative regulatory approaches, those approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity);
(4) to the extent feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB) has emphasized that such techniques may
include identifying changing future compliance costs that might result
from technological innovation or anticipated behavioral changes. For
the reasons stated in the preamble, this final regulatory action is
consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003 to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003.
DOE has concluded that this final rule would not have a significant
impact on a substantial number of small entities. The factual basis for
this certification is as follows:
[[Page 28398]]
For manufacturers of BVMs, the Small Business Administration (SBA)
has set a size threshold, which defines those entities classified as
``small businesses'' for the purposes of the statute. DOE used the
SBA's small business size standards to determine whether any small
entities would be subject to the requirements of the rule. In 13 CFR
121.201, the SBA sets a threshold of 1,000 employees or fewer for an
entity to be considered as a small business for this category. The
equipment covered by this rule is classified under North American
Industry Classification System (NAICS) code 333310,\19\ ``Commercial
and Service Industry Manufacturing.''
---------------------------------------------------------------------------
\19\ The size standards are listed by NAICS code and industry
description and are available at: www.sba.gov/document/support--table-size-standards (last accessed on December 22, 2022).
---------------------------------------------------------------------------
DOE used publicly available information to identify small
businesses that manufacture BVMs covered in this rulemaking. DOE
identified seven companies that are original equipment manufacturers
(OEMs) of BVMs covered by this rulemaking. DOE screened out companies
that do not meet the definition of a ``small business'' or are foreign-
owned and operated. DOE identified three small, domestic OEMs using
subscription-based business information tools to determine the number
of employees and revenue of the potential small businesses.
Given that DOE is referencing the prevailing industry test
procedure and maintaining a test procedure that is generally consistent
with the existing requirements, DOE has determined the test procedure
in this final rule would not increase burden for BVM manufacturers,
including small businesses, or result in manufacturers needing to
rerate BVMs.
Therefore, on the basis of there being no change in compliance
burden, DOE certifies that this final rule does not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of a FRFA is not warranted. DOE
transmitted a certification and supporting statement of factual basis
to the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C.
605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of BVMs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including BVMs. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (PRA). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
DOE is not amending the certification or reporting requirements for
BVMs in this final rule. Instead, DOE may consider proposals to amend
the certification requirements and reporting for BVMs under a separate
rulemaking regarding appliance and equipment certification. DOE will
address changes to OMB Control Number 1910-1400 at that time, as
necessary.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE establishes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for BVMs. DOE has determined that this rule
falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the National Government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to
[[Page 28399]]
review regulations in light of applicable standards in sections 3(a)
and 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOE has completed the required review and
determined that, to the extent permitted by law, this final rule meets
the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
The modifications to the test procedure for BVMs adopted in this
final rule incorporates testing methods contained in certain sections
of the following commercial standards: ANSI/ASHRAE Standard 32.1-2022,
including reference to AHAM HRF-1-2016. DOE has evaluated these
standards and is unable to conclude whether they fully comply with the
requirements of section 32(b) of the FEAA (i.e., whether they were
developed in a manner that fully provides for public participation,
comment, and review.) DOE has consulted with both the Attorney General
and the Chairman of the FTC about the impact on competition of using
the methods contained in these standards and has received no comments
objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
AHAM HRF-1-2016 is referenced by ANSI/ASHRAE Standard 32.1-2022 as
the industry-accepted method for determining refrigerated volume for
BVMs. By reference to ANSI/ASHRAE
[[Page 28400]]
Standard 32.1-2022, the test procedure adopted in this final rule
refers only to the refrigerated volume section of AHAM HRF-1-2016. AHAM
HRF-1-2016 can be purchased at www.aham.org/AHAM/Store.
ANSI/ASHRAE Standard 32.1-2022 is an industry-accepted test
procedure that measures capacity and efficiency of BVMs. The test
procedure adopted in this final rule references various sections of
ANSI/ASHRAE Standard 32.1-2022 that address definitions, test setup,
instrumentation, test conduct, and calculations. ANSI/ASHRAE Standard
32.1-2022 is readily available at ANSI's website at webstore.ansi.org.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Incorporation by
reference, Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on April 25,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on April 25, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 431 of
chapter II of title 10, Code of Federal Regulations as set forth below:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 431.293 is revised to read as follows:
Sec. 431.293 Materials incorporated by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, the DOE must publish a document in
the Federal Register and the material must be available to the public.
All approved incorporation by reference (IBR) material is available for
inspection at DOE, and at the National Archives and Records
Administration (NARA). Contact DOE at: the U.S. Department of Energy,
Office of Energy Efficiency and Renewable Energy, Building Technologies
Program, 1000 Independence Ave. SW, EE-5B, Washington, DC 20585, (202)
586-9127, [email protected], https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be
obtained from the sources in the following paragraphs of this section:
(b) AHAM. Association of Home Appliance Manufacturers, 1111 19th
Street NW, Suite 402, Washington, DC 20036; (202) 872-5955;
www.aham.org.
(1) AHAM HRF-1-2016, Energy and Internal Volume of Refrigerating
Appliances, copyright 2016; IBR approved for appendix B to this
subpart.
(2) [Reserved]
(c) ASHRAE. American Society of Heating, Refrigerating and Air-
Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329;
(404) 636-8400; www.ashrae.org.
(1) ANSI/ASHRAE Standard 32.1-2022 (ANSI/ASHRAE 32.1), Methods of
Testing for Rating Refrigerated Vending Machines for Sealed Beverages,
approved December 30, 2022; IBR approved for Sec. 431.292 and appendix
B to this subpart.
(2) [Reserved]
(d) ASTM. ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org.
(1) ASTM E 1084-86 (Reapproved 2009), Standard Test Method for
Solar Transmittance (Terrestrial) of Sheet Materials Using Sunlight,
approved April 1, 2009; IBR approved for Sec. 431.292.
(2) [Reserved]
Appendix A to Subpart Q of Part 431 [Removed and Reserved]
0
3. Remove and reserve appendix A to subpart Q of part 431.
0
4. Appendix B to subpart Q of part 431 is revised to read as follows:
Appendix B to Subpart Q of Part 431--Uniform Test Method for the
Measurement of Energy Consumption of Refrigerated Bottled or Canned
Beverage Vending Machines
Note: Manufacturers must use the results of testing under this
appendix to determine compliance with the relevant standards for
refrigerated bottled or canned beverage vending machines at 10 CFR
431.296, revised as of January 1, 2023. Specifically, before October
31, 2023, representations must be based upon results generated
either under this appendix as codified on June 5, 2023, or under 10
CFR part 431, subpart Q, appendix B, revised as of January 1, 2023.
Any representations made on or after October 31, 2023, must be made
based upon results generated using this appendix as codified on June
5, 2023.
0. Incorporation by Reference
DOE incorporated by reference in Sec. 431.293 the entire
standard for AHAM HRF-1-2016 and ANSI/ASHRAE Standard 32.1-2022;
however, only enumerated provisions of those documents are
applicable to this appendix as follows:
0.1. AHAM HRF-1-2016
(a) Section 4, ``Method for Computing Refrigerated Volume of
Refrigerators, Refrigerator-Freezer, Wine Chillers, and Freezers''
as referenced in section 3.1 of this appendix.
(b) Reserved.
0.2. ANSI/ASHRAE Standard 32.1-2022
(a) Section 3, ``Definitions,'' as referenced in section 1 of
this appendix.
(b) Section 4, ``Instruments,'' as referenced in section 2 of
this appendix.
(c) Section 5, ``Vending Machine Capacity,'' and Normative
Appendix C, ``Measurement of Volume,'' as referenced in sections 2
and 3.1 of this appendix.
(d) Section 6, ``Test Conditions,'' as referenced in section 2
of this appendix.
(e) Section 7.1, ``Test Procedures--General Requirements''
(except Section 7.1.2, ``Functionality,'' and Section 7.1.5.1,
``Beverage Temperature Test Packages''), and Section 7.2, ``Energy
Consumption Test,'' (except Section 7.2.2.6), as referenced in
sections 1 and 2 of this appendix.
1. General. In cases where there is a conflict, the language of
the test procedure in this appendix takes precedence over ANSI/
ASHRAE Standard 32.1-2022.
1.1 Definitions. In addition to the definitions specified in
Section 3, ``Definitions,'' of ANSI/ASHRAE Standard 32.1-2022, the
following definitions are also applicable to this appendix.
Accessory low power mode means a state in which a beverage
vending machine's lighting and/or other energy-using systems are in
low power mode, but that is not a
[[Page 28401]]
refrigeration low power mode. Functions that may constitute an
accessory low power mode may include, for example, dimming or
turning off lights, but does not include adjustment of the
refrigeration system to elevate the temperature of the refrigerated
compartment(s).
External accessory standby mode means the mode of operation in
which any external, integral customer display signs, lighting, or
digital screens are connected to main power; do not produce the
intended illumination, display, or interaction functionality; and
can be switched into another mode automatically with only a remote
user-generated or an internal signal.
Low power mode means a state in which a beverage vending
machine's lighting, refrigeration, and/or other energy-using systems
are automatically adjusted (without user intervention) such that
they consume less energy than they consume in an active vending
environment.
Lowest application product temperature means either:
(a) For units that operate only at temperatures above the
integrated average temperature specified in Table 1 of ANSI/ASHRAE
Standard 32.1-2022, the lowest integrated average temperature a
given basic model is capable of maintaining so as to comply with the
temperature stabilization requirements specified in section 7.2.2.2
of ANSI/ASHRAE Standard 32.1-2022; or
(b) For units that operate only at temperatures below the
integrated average temperature specified in Table 1 of ANSI/ASHRAE
Standard 32.1-2022, the highest integrated average temperature a
given basic model is capable of maintaining so as to comply with the
temperature stabilization requirements specified in section 7.2.2.2
of ANSI/ASHRAE Standard 32.1-2022.
Refrigeration low power mode means a state in which a beverage
vending machine's refrigeration system is in low power mode because
of elevation of the temperature of the refrigerated compartment(s).
To qualify as low power mode, the unit must satisfy the requirements
described in section 2.3.2.1 of this appendix.
1.2 [Reserved]
2. Test Procedure. Conduct testing according to section 4,
``Instruments''; section 5, ``Vendible Capacity''; section 6, ``Test
Conditions''; section 7.1, ``Test Procedures--General Requirements''
(except Section 7.1.2 ``Functionality'' and section 7.1.5.1
``Beverage Temperature Test Packages''); and section 7.2, ``Energy
Consumption Test'' (except section 7.2.2.6) of ANSI/ASHRAE Standard
32.1-2022, except as described in the following sections.
2.1. Lowest Application Product Temperature. If a refrigerated
bottled or canned beverage vending machine is not capable of
maintaining an integrated average temperature of 36 [deg]F (1 [deg]F) during the 24-hour test period, the unit must be
tested at the lowest application product temperature, as defined in
section 1.1 of this appendix.
2.2. Equipment Installation and Test Setup. Except as provided
in this section 2.2 of this appendix, the test procedure for energy
consumption of refrigerated bottled or canned beverage vending
machines shall be conducted in accordance with the methods specified
in sections 7.1 through 7.2.2.7 under ``Test Procedures'' of ANSI/
ASHRAE Standard 32.1-2022.
2.2.1. Equipment Loading. Configure refrigerated bottled or
canned beverage vending machines to hold the maximum number of
standard products.
2.2.1.1. Non-Beverage Shelves. Any shelves within the
refrigerated compartment(s) for non-beverage merchandise only shall
not be loaded for testing.
2.2.1.2. Standard Products. The standard product shall be
standard 12-ounce aluminum beverage cans filled with a liquid with a
density of 1.0 grams per milliliter (``g/mL'') 0.1 g/mL
at 36 [deg]F. For product storage racks that are not capable of
vending 12-ounce cans, but are capable of vending 20-ounce bottles,
the standard product shall be 20-ounce plastic bottles filled with a
liquid with a density of 1.0 g/mL 0.1 g/mL at 36 [deg]F.
For product storage racks that are not capable of vending 12-ounce
cans or 20-ounce bottles, the standard product shall be the
packaging and contents specified by the manufacturer in product
literature as the standard product (i.e., the specific merchandise
the refrigerated bottled or canned beverage vending machine is
designed to vend).
2.2.1.3. Standard Test Packages. A standard test package is a
standard product, as specified in section 2.2.1.2 of this appendix,
altered to include a temperature-measuring instrument at its center
of mass.
2.2.2. Sensor Placement. The integrated average temperature of
next-to-vend beverages shall be measured in standard test packages
in the next-to-vend product locations specified in section 7.1.5.2
of ANSI/ASHRAE Standard 32.1-2022. Do not run the thermocouple wire
and other measurement apparatus through the dispensing door; the
thermocouple wire and other measurement apparatus must be configured
and sealed so as to minimize air flow between the interior
refrigerated volume and the ambient room air. If a manufacturer
chooses to employ a method other than routing thermocouple and
sensor wires through the door gasket and ensuring the gasket is
compressed around the wire to ensure a good seal, then it must
maintain a record of the method used in the data underlying that
basic model's certification pursuant to 10 CFR 429.71.
2.2.3. Vending Mode Test Period. The vending mode test period
begins after temperature stabilization has been achieved, as
described in section 7.2.2.2 of ANSI/ASHRAE Standard 32.1-2022 and
continues for 18 hours for equipment with an accessory low power
mode or for 24 hours for equipment without an accessory low power
mode. For the vending mode test period, equipment with energy-saving
features that cannot be disabled shall have those features set to
the most energy-consuming settings, except for as specified in
section 2.2.4 of this appendix. In addition, all energy management
systems shall be disabled. Provide, if necessary, any physical
stimuli or other input to the machine needed to prevent automatic
activation of low power modes during the vending mode test period.
2.2.4. Accessory Low Power Mode Test Period. For equipment with
an accessory low power mode, the accessory low power mode may be
engaged for 6 hours, beginning 18 hours after the temperature
stabilization requirements established in section 7.2.2.2 of ANSI/
ASHRAE Standard 32.1-2022 have been achieved, and continuing until
the end of the 24-hour test period. During the accessory low power
mode test, operate the refrigerated bottled or canned beverage
vending machine with the lowest energy-consuming lighting and
control settings that constitute an accessory low power mode. The
specification and tolerances for integrated average temperature in
Table 2 of ANSI/ASHRAE Standard 32.1-2022 still apply, and any
refrigeration low power mode must not be engaged. Provide, if
necessary, any physical stimuli or other input to the machine needed
to prevent automatic activation of refrigeration low power modes
during the accessory low power mode test period.
2.2.5. Accessories. Unless specified otherwise in this appendix
or ANSI/ASHRAE Standard 32.1-2022, all standard components that
would be used during normal operation of the basic model in the
field and are necessary to provide sufficient functionality for
cooling and vending products in field installations (i.e., product
inventory, temperature management, product merchandising (including,
e.g., lighting or signage), product selection, and product transport
and delivery) shall be in place during testing and shall be set to
the maximum energy-consuming setting if manually adjustable.
Components not necessary for the inventory, temperature management,
product merchandising (e.g., lighting or signage), product
selection, or product transport and delivery shall be de-energized.
If systems not required for the primary functionality of the machine
as stated in this section cannot be de-energized without preventing
the operation of the machine, then they shall be placed in the
lowest energy-consuming state. Components with controls that are
permanently operational and cannot be adjusted by the machine
operator shall be operated in their normal setting and consistent
with the requirements of sections 2.2.3 and 2.2.4 of this appendix.
The specific components and accessories listed in the subsequent
sections shall be operated as stated during the test, except when
controlled as part of a low power mode during the low power mode
test period.
2.2.5.1. Payment Mechanisms. Refrigerated bottled or canned
beverage vending machines shall be tested with no payment mechanism
in place, the payment mechanism in place but de-energized, or the
payment mechanism in place but set to the lowest energy-consuming
state, if it cannot be de-energized. A default payment mechanism
energy consumption value of 0.20 kWh/day shall be added to the
primary rated energy consumption per day, as noted in section 2.3 of
this appendix.
2.2.5.2. Internal Lighting. All lighting that is contained
within or is part of the internal physical boundary of the
refrigerated bottled or canned beverage vending machine, as
[[Page 28402]]
established by the top, bottom, and side panels of the equipment,
shall be placed in its maximum energy-consuming state.
2.2.5.3. External Customer Display Signs, Lights, and Digital
Screens. All external customer display signs, lights, and digital
screens that are independent from the refrigeration or vending
performance of the refrigerated bottled or canned beverage vending
machine must be disconnected, disabled, or otherwise de-energized
for the duration of testing. Customer display signs, lighting, and
digital screens that are integrated into the beverage vending
machine cabinet or controls such that they cannot be de-energized
without disabling the refrigeration or vending functions of the
refrigerated bottled or canned beverage vending machine or modifying
the circuitry must be placed in external accessory standby mode, if
available, or their lowest energy-consuming state. Digital displays
that also serve a vending or money processing function must be
placed in the lowest energy-consuming state that still allows the
money processing feature to function.
2.2.5.4. Anti-sweat or Other Electric Resistance Heaters. Anti-
sweat or other electric resistance heaters must be operational
during the entirety of the test procedure. Units with a user-
selectable setting must have the heaters energized and set to the
most energy-consumptive position. Units featuring an automatic, non-
user-adjustable controller that turns on or off based on
environmental conditions must be operating in the automatic state.
Units that are not shipped with a controller from the point of
manufacture, but are intended to be used with a controller, must be
equipped with an appropriate controller when tested.
2.2.5.5. Condensate Pan Heaters and Pumps. All electric
resistance condensate heaters and condensate pumps must be installed
and operational during the test. Prior to the start of the test,
including the 24-hour period used to determine temperature
stabilization prior to the start of the test period, as described in
section 7.2.2.2 of ANSI/ASHRAE Standard 32.1-2022, the condensate
pan must be dry. For the duration of the test, including the 24-hour
time period necessary for temperature stabilization, allow any
condensate moisture generated to accumulate in the pan. Do not
manually add or remove water from the condensate pan at any time
during the test. Any automatic controls that initiate the operation
of the condensate pan heater or pump based on water level or ambient
conditions must be enabled and operated in the automatic setting.
2.2.5.6. Illuminated Temperature Displays. All illuminated
temperature displays must be energized and operated during the test
the same way they would be energized and operated during normal
field operation, as recommended in manufacturer product literature,
including manuals.
2.2.5.7. Condenser Filters. Remove any nonpermanent filters
provided to prevent particulates from blocking a model's condenser
coil.
2.2.5.8. Security Covers. Remove any devices used to secure the
model from theft or tampering.
2.2.5.9. General Purpose Outlets. During the test, do not
connect any external load to any general purpose outlets available
on a unit.
2.2.5.10. Crankcase Heaters and Other Electric Resistance
Heaters for Cold Weather. Crankcase heaters and other electric
resistance heaters for cold weather must be operational during the
test. If a control system, such as a thermostat or electronic
controller, is used to modulate the operation of the heater, it must
be activated during the test and operated in accordance with the
manufacturer's instructions.
2.2.5.11. Refrigerant Leak Mitigation Controls. Any refrigerant
leak mitigation controls that are independent from the refrigeration
or vending performance of the refrigerated bottled or canned
beverage vending machine must be disconnected, disabled, or
otherwise de-energized for the duration of testing. Refrigerant leak
mitigation controls that are integrated into the refrigerated
bottled or canned beverage vending machine cabinet or controls such
that they cannot be de-energized without disabling the refrigeration
or vending functions of the refrigerated bottled or canned beverage
vending machine or modifying the circuitry must be placed in
external accessory standby mode, if available, or their lowest
energy-consuming state.
2.3. Determination of Daily Energy Consumption. The daily energy
consumption shall be equal to the primary rated energy consumption
per day (ED), in kWh, determined in accordance with the calculation
procedure in section 7.2.3.1, ``Calculation of Daily Energy
Consumption,'' of ANSI/ASHRAE Standard 32.1-2022 plus the default
payment mechanism energy consumption value from section 2.2.5.1 of
this appendix, if applicable. In section 7.2.3.1 of ANSI/ASHRAE
Standard 32.1-2022, the energy consumed during the test shall be the
energy measured during the vending mode test period and accessory
low power mode test period, as specified in sections 2.2.3 and 2.2.4
of this appendix, as applicable.
2.3.1. Refrigeration Low Power Mode. For refrigerated bottled or
canned beverage vending machines with a refrigeration low power
mode, multiply the value determined in section 2.3 of this appendix
by 0.97 to determine the daily energy consumption of the unit
tested. For refrigerated bottled or canned beverage vending machines
without a refrigeration low power mode, the value determined in
section 2.3 of this appendix is the daily energy consumption of the
unit tested.
2.3.1.1. Refrigeration Low Power Mode Validation Test Method.
This test method is not required for the certification of
refrigerated bottled or canned beverage vending machines. To verify
the existence of a refrigeration low power mode, initiate the
refrigeration low power mode in accordance with manufacturer
instructions contained in product literature and manuals, after
completion of the 6-hour low power mode test period. Continue
recording all the data specified in section 7.2.2.3 of ANSI/ASHRAE
Standard 32.1-2022 until existence of a refrigeration low power mode
has been confirmed or denied. The refrigerated bottled or canned
beverage vending machine shall be deemed to have a refrigeration low
power mode if either:
(a) The following three requirements have been satisfied:
(1) The instantaneous average next-to-vend beverage temperature
must reach at least 4 [deg]F above the integrated average
temperature or lowest application product temperature, as
applicable, within 6 hours.
(2) The instantaneous average next-to-vend beverage temperature
must be maintained at least 4 [deg]F above the integrated average
temperature or lowest application product temperature, as
applicable, for at least 1 hour.
(3) After the instantaneous average next-to-vend beverage
temperature is maintained at or above 4 [deg]F above the integrated
average temperature or lowest application product temperature, as
applicable, for at least 1 hour, the refrigerated beverage vending
machine must return to the specified integrated average temperature
or lowest application product temperature, as applicable,
automatically without direct physical intervention.
(b) The compressor does not cycle on for the entire 6-hour
period, in which case the instantaneous average beverage temperature
does not have to reach 4 [deg]F above the integrated average
temperature or lowest application product temperature, as
applicable, but, the equipment must still automatically return to
the integrated average temperature or lowest application product
temperature, as applicable, after the 6-hour period without direct
physical intervention.
2.3.2. Calculations and Rounding. In all cases, the daily energy
consumption must be calculated with raw measured values and the
final result rounded to units of 0.01 kWh/day.
3. Determination of Refrigeration Volume and Surface Area.
3.1. Refrigerated Volume. Determine the ``refrigerated volume''
of refrigerated bottled or canned beverage vending machines in
accordance with section 5.3, ``Refrigerated Volume,'' and Appendix
C, ``Measurement of Volume,'' of ANSI/ASHRAE Standard 32.1-2022
including the referenced methodology in section 4, ``Method for
Computing Refrigerated Volume of Refrigerators, Refrigerator-
Freezer, Wine Chillers, and Freezers,'' of AHAM HRF-1-2016. For
combination vending machines, the ``refrigerated volume'' does not
include any non-refrigerated compartment(s).
3.2. Determination of Surface Area. (Note: This section is not
required for the certification of refrigerated bottled or canned
beverage vending machines.) Determine the surface area of each
beverage vending machine as the length multiplied by the height of
outermost surface of the beverage vending machine cabinet, measured
from edge to edge excluding any legs or other protrusions that
extend beyond the dimensions of the primary cabinet. Determine the
transparent and non-transparent areas on each side of a beverage
vending machine as the total surface area of material that is
transparent or is not transparent, respectively.
[FR Doc. 2023-09036 Filed 5-3-23; 8:45 am]
BILLING CODE 6450-01-P
