```

[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14686-14698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05778]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-038]

Petition for Waiver of Felix Storch, Inc. (FSI) From the 
Department of Energy Residential Refrigerator and Refrigerator-Freezer 
Test Procedure and Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of Petition for Waiver, Notice of Granting Application 
for Interim Waiver, and Request for Public Comments.

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SUMMARY: This notice announces receipt of a petition for waiver from 
Felix Storch, Inc. (FSI) seeking an exemption from specified portions 
of the U.S. Department of Energy (DOE) test procedure for determining 
the energy consumption of certain electric refrigerators and 
refrigerator-freezers. FSI asks that it be permitted to use an 
alternate test procedure to account for the energy consumption of its 
specific models of its Keg Beer Coolers, Assisted

[[Page 14687]]

Living Refrigerator-freezers and Ultra-Compact Hotel Refrigerators in 
place of the currently applicable DOE test procedure. DOE solicits 
comments, data, and information concerning FSI's petition and the 
suggested alternate test procedure. Today's notice also declines to 
grant FSI with an interim waiver from the electric refrigerator-
freezers test procedure, for the reasons described in this notice. The 
waiver request pertains to the basic models set forth in FSI's 
petition.

DATES: DOE will accept comments, data, and information with respect to 
the FSI Petition until April 16, 2014.

ADDRESSES: You may submit comments, identified by case number ``RF-
038,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: AS_Waiver_Requests@ee.doe.gov. Include the case 
number [Case No. RF-038] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B/1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Please submit one signed original paper 
copy.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza SW., Washington, DC 20024; (202) 586-2945, between 
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays. Available documents include the following items: (1) This 
notice; (2) public comments received; (3) the petition for waiver and 
application for interim waiver; and (4) prior DOE rulemakings regarding 
similar refrigerator-freezers. Please call Ms. Brenda Edwards at the 
above telephone number for additional information.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Office, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: Bryan.Berringer@ee.doe.gov.
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified, 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the electric refrigerators and refrigerator-freezers 
that are the focus of this notice.\1\ Part B includes definitions, test 
procedures, labeling provisions, energy conservation standards, and the 
authority to require information and reports from manufacturers. 
Further, Part B authorizes the Secretary of Energy to prescribe test 
procedures that are reasonably designed to produce results that measure 
the energy efficiency, energy use, or estimated annual operating costs 
of a covered product, and that are not unduly burdensome to conduct. 
(42 U.S.C. 6293(b)(3)) The currently applicable test procedure for 
electric refrigerators and electric refrigerator-freezers is contained 
in 10 CFR part 430, subpart B, appendix A1. The test procedure that 
will be required for certifying that products comply with Federal 
standards beginning on September 15, 2014 is contained in 10 CFR part 
430, subpart B, appendix A.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    The regulations set forth in 10 CFR part 430.27 contain provisions 
that enable a person to seek a waiver from the test procedure 
requirements for covered products. The Assistant Secretary for Energy 
Efficiency and Renewable Energy (the Assistant Secretary) will grant a 
waiver if it is determined that the basic model for which the petition 
for waiver was submitted contains one or more design characteristics 
that prevents testing of the basic model according to the prescribed 
test procedures, or if the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption characteristics as to provide materially inaccurate 
comparative data. 10 CFR 430.27(l). Petitioners must include in their 
petition any alternate test procedures known to the petitioner to 
evaluate the basic model in a manner representative of its energy 
consumption. The Assistant Secretary may grant the waiver subject to 
conditions, including adherence to alternate test procedures. 10 CFR 
430.27(l). Waivers remain in effect pursuant to the provisions of 10 
CFR 430.27(m).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 430.27(g). An interim waiver remains in effect for 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever occurs earlier. DOE may extend an interim waiver for an 
additional 180 days. 10 CFR 430.27(h).

II. Petition for Waiver of Test Procedure

    On December 12 and 17, 2013, FSI submitted a petition for waiver 
from the test procedure applicable to residential electric 
refrigerators and refrigerator-freezers set forth in 10 CFR part 430, 
subpart B, appendices A and A1. In its petition, FSI asserts that its 
products could not be tested and rated for energy consumption on a 
basis representative of their true energy consumption characteristics. 
The DOE test procedure for residential refrigeration (both the 
procedure that is required currently and the procedure that will be 
required beginning on September 15, 2014) require testing products at 
an ambient temperature of 90[deg]F. DOE selected that temperature to 
simulate the effects of door openings and closings, which are not 
performed during the testing. See 10 CFR Sec.  430.23(a)(10) (The 
regulation explains, ``[t]he intent of the energy test procedure is to 
simulate typical room conditions (approximately 70 [deg]F (21 [deg]C)) 
with door openings, by testing at 90 [deg]F (32.2 [deg]C) without door 
openings.''). FSI contends that the products addressed by its waiver 
petition will be sold for uses where door openings and closings are 
highly infrequent. As a result, in its view, testing these products in 
accordance with the DOE test procedure conditions would result in 
measurements of energy use that are unrepresentative of the actual 
energy use of these products under their conditions of expected use by 
consumers.
    As an alternative, FSI submitted to DOE an alternate test procedure 
to account for the energy consumption of its Keg Beer Coolers, Assisted 
Living Refrigerator-freezers and Ultra-Compact Hotel Refrigerators. 
That procedure would test these units at 70[deg]F or 72[deg]F over a 
24-hour period instead of the required 90[deg]F ambient temperature 
condition. FSI believes its alternate test procedure will allow for the 
accurate measurement of the energy use of these products as required by 
the current DOE test procedure.

[[Page 14688]]

    FSI also requests an interim waiver from the existing DOE test 
procedure for the models listed in its December 12, 2013 petition. An 
interim waiver may be granted if it is determined that the applicant 
will experience economic hardship if the application for interim waiver 
is denied, if it appears likely that the petition for waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination of the petition for waiver. See 10 CFR 430.27(g).
    DOE has determined that FSI's application for interim waiver does 
not provide sufficient market, equipment price, shipments and other 
manufacturer impact information to permit DOE to evaluate the economic 
hardship FSI might experience absent a favorable determination on its 
application for interim waiver. DOE understands, based upon FSI's 
petition, that absent an interim waiver, FSI's products could not be 
tested and rated for energy consumption on a basis representative of 
their true energy consumption characteristics. However, DOE has found 
that FSI's petition provides insufficient information for DOE to 
determine whether the alternative test procedure that FSI proposes to 
use is likely to provide a measurement of the energy use of these 
products that is representative of their operation under conditions of 
expected consumer use. Since DOE has found it unlikely that FSI's 
waiver petition will be granted in its current form and has determined 
that it is not desirable for public policy reasons to grant FSI 
immediate relief, DOE is declining to grant an interim waiver and is 
seeking additional information on the underlying basis for FSI's 
proposed alternative.
    DOE notes that the existing test procedures, as well as recent test 
procedure waivers, contain a method for addressing certain types of 
products for which less frequent door openings occur. Specifically, the 
test procedure for residential freezers applies an adjustment factor to 
account for the relatively fewer expected door openings of upright and 
chest freezers, each of which has a corresponding adjustment factor for 
the overall energy use. (See appendix B to subpart B of 10 CFR part 
430, section 5.2.1.) Further, DOE has also granted a test procedure 
waiver for a combination wine cooler-refrigerator on the basis of the 
manufacturer's claim that the product would be subjected to fewer door 
openings in typical use, which used the same adjustment factor as is 
applied to upright freezers. 78 FR 35894 (Sept. 17, 2013). DOE also 
requests comment on whether such an approach would be more appropriate 
for testing these models.
    For the reasons stated above, before DOE will authorize the use of 
an alternative test procedure for testing of the specific models listed 
in the waiver petitions, DOE is seeking comment from interested 
stakeholders on whether FSI's proposed test is likely to be 
representative of the energy use of the products that are the subjects 
of the waiver petition or whether another alternative may be more 
appropriate.
    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. FSI may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of refrigerator-freezers for which 
it seeks a waiver from the DOE test procedure. In addition, DOE notes 
that granting of an interim waiver or waiver does not release a 
petitioner from the certification requirements set forth at 10 CFR part 
429.

III. Summary and Request for Comments

    Through today's notice, DOE announces receipt of FSI's December 12, 
2013 and December 17, 2013 petitions for waiver from the specified 
portions of the test procedure applicable to FSI's line of Keg Beer 
Coolers, Assisted Living Refrigerator-freezers and Ultra-Compact Hotel 
Refrigerators and declines to grant FSI an interim waiver from those 
same portions of the test procedure for the models specified in its 
December 12, 2013 request for interim waiver. The petition includes a 
suggested alternate test procedure to determine the energy consumption 
of FSI's specified refrigerator-freezers. DOE may consider including 
this alternate procedure in a subsequent Decision and Order. However, 
at this time, DOE cannot establish whether the alternative procedure 
proposed by FSI is an appropriate means for measuring the energy use of 
these products based solely on the information provided in the waiver 
petition.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure and 
calculation methodology. Pursuant to 10 CFR 430.27(d), any person 
submitting written comments to DOE must also send a copy of such 
comments to the petitioner. The contact information for the petitioner 
is: Paul Storch, President, Summit Appliance Div., Felix Storch, Inc., 
770 Garrison Ave., Bronx, NY 10474. All submissions received must 
include the agency name and case number for this proceeding. Submit 
electronic comments in WordPerfect, Microsoft Word, Portable Document 
Format (PDF), or text (American Standard Code for Information 
Interchange (ASCII)) file format and avoid the use of special 
characters or any form of encryption. Wherever possible, include the 
electronic signature of the author. DOE does not accept telefacsimiles 
(faxes).

    Issued in Washington, DC, on March 11, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

December 12, 2013
Building Technologies Program
U.S. Department of Energy
Test Procedure Waiver
1000 Independence Ave. SW
Mailstop EE-2J
Washington, DC 20585-0121

RE: Petition for Waiver of Test Procedures in use currently (10 CFR 
Sec.  430, subpart B, appendix A1) and proposed for September 15, 2014 
(10 CFR Sec.  430, subpart B, appendix A) pursuant to 10 CFR. Sec.  
430.27(a)(1) for Summit brand appliances as follows:

     Keg Beer Coolers (Models SBC590, SBC590OS, and SBC635M)
     Assisted Living Refrigerator-freezers (Models ALBF44, 
ALBF68)
     Hotel Refrigerators (Models HTL2 and HTL3)

Introduction

    The Department of Energy (``DOE'') provides a waiver process for 
refrigeration products when ``the prescribed [10 CFR Sec.  430, Subpart 
B, Appendix A1 currently and the proposed 10 CFR Sec.  430, Subpart B, 
Appendix A] test procedures may evaluate [a product] . . . in a manner 
so unrepresentative of its true energy consumption characteristics . . 
. as to provide materially inaccurate comparative data.'' 10 CFR Sec.  
430.27. This petition seeks such a waiver for the above-referenced 
products.
    Felix Storch, Inc. (``FSI'') is a small business engaged in 
importing, manufacturing, and distributing appliances to niche markets 
in the household, commercial, hospitality, institutional, and medical 
community, as well as distributing household cooking and laundry 
appliances. Located in the South Bronx, New York, FSI employs 
approximately 150 individuals engaged in manufacturing, material 
handling, trucking,

[[Page 14689]]

engineering, marketing, sales, shipping, clerical services, and 
customer service. FSI, under the Summit brand name, imports 
refrigeration products from a number of factories in Europe, Mexico and 
Asia, as well as manufactures a number of products in New York. A 
significant part of FSI's business is value-added manufacturing 
conducted by FSI in its Bronx facility. Value-added manufacturing is 
the process of adding or modifying components or finishes to existing 
products in order to adapt these appliances for sale to special markets 
where few or no suitable products exist. The above-referenced models 
are all either built or modified in our Bronx facility.
    DOE's test procedures are not appropriate for the above-referenced 
models because they fail to accurately reflect the actual energy 
consumption of the products during normal use. DOE test procedures for 
residential refrigeration (both the procedures in effect currently and 
the proposed procedures for 2014) require testing products at an 
ambient temperature of 90[deg]F. DOE selected that temperature (as 
opposed to a more normal 70[deg]F ambient) to simulate the effects of 
door openings and closings; such actions are not performed during the 
testing. See 10 CFR Sec.  430.23(a)(10) (The regulation explains, 
``[t]he intent of the energy test procedure is to simulate typical room 
conditions (approximately 70[deg]F (21[deg]C)) with door openings, by 
testing at 90[deg]F (32.2[deg]C) without door openings.'').\2\ However, 
the above-listed FSI products will be sold for uses where door openings 
and closings are highly infrequent.\3\ All these products will consume 
far less energy during actual use than is measured by the existing and 
proposed testing procedures.
---------------------------------------------------------------------------

    \2\ See 10 CFR 10 CFR Sec.  430.23(a)(10) (identifying 70[deg]F 
as being representative of typical room temperature).
    \3\ It is important to note that the overwhelming majority of 
compact appliances sold today fall into the categories of dormitory 
type or office type refrigerator-freezers. FSI could not find 
statistics on door openings for these products, but since these 
types of units would be shared by multiple users, it is logical to 
assume their use would be similar to conventional refrigerators, as 
opposed to the special use models in this waiver petition.
---------------------------------------------------------------------------

    FSI seeks a waiver for the above-references products because:
    (1) Test procedures do not provide a fair and accurate 
representation of actual energy use;
    (2) The market size for each of these products is quite small;
    (3) The economic burden of complying with DOE standards in effect 
today, and the proposed standards for 2014, would place an undue 
economic burden on FSI;
    (4) There is an easily substituted alternate test procedure for 
these models;
    (5) Withdrawing these products from the marketplace would greatly 
limit consumer choice, adversely impact small business and, in some 
cases, result in compelling customers to turn to larger or less energy 
efficient products that increase overall energy consumption.
    For these reasons, FSI respectfully requests a waiver, pursuant to 
10 CFR Sec.  430.27, of the test procedures for residential 
refrigerators provided in 10 CFR Sec.  430, Subpart B, Appendix A.
    1. Models for which a waiver is requested.
    This waiver request applies to the following models:

     Keg Beer Coolers (Models SBC590, SBC590OS, and SBC635M)
     Assisted Living Refrigerator-freezers (Models ALBF44, 
ALBF68)
     Hotel Refrigerators (Models HTL2 and HTL3)

    All of these models are intended for uses distinct from the typical 
household use whereby the doors on these products are seldom opened and 
closed.
    2. Manufacturers of other basic models marketed in the United 
States are known by FSI to incorporate similar design characteristics.
    Manufacturers of other basic models marketed in the United States 
and known to FSI that incorporate similar design characteristics are 
included in Attachment A.
    3. Alternate test procedures are known to FSI to evaluate 
accurately energy consumption of the listed basic models.
    FSI has extensive data that demonstrates that a single change to 
the test procedure will result in measuring energy consumption in a 
manner far more representative of actual use.
    Testing the basic models listed in this petition at an ambient 
temperature of 70[deg]F or 72[deg]F, rather than 90[deg]F will measure 
energy consumption in a manner significantly more representative of 
actual use than using the DOE prescribed test procedures, both under 
current standards and those proposed for implementation on September 
15, 2014.

Background

    DOE acknowledges in 10 CFR Sec.  430.23(a)(10) that ``[t]he intent 
of the energy test procedure is to simulate typical room conditions 
(approximately 70[deg]F (21[deg]C)) with door openings, by testing at 
90[deg]F (32.2[deg]C) without door openings.''
    DOE uses 90[deg]F as a surrogate for running tests at typical 
ambient temperature to simulate the impact of opening and closing 
refrigerator and freezer doors. This standard is incorporated into the 
AHAM test procedures used by DOE in both the current standards and the 
upcoming 2014 standards. This temperature selection is at least 30 
years old and is referenced in ANSI-AHAM HRF-1 (1979).\4\
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    \4\ American National Standard on Household Refrigerators and 
Household Freezers, ANSI/AHAM HRF-1-1979 at 51-52, available at: 
https://law.resource.org/pub/us/cfr/ibr/001/aham.HRF-1.1979.pdf.
---------------------------------------------------------------------------

    Several studies have attempted to validate this information. For 
example, one study showed that household refrigerators-freezers had a 
median of 48 fresh-food door openings and 10 freezer door openings per 
24 hours.\5\ A study based on this number of door openings concluded 
that 90[deg]F overstated energy consumption by 8.3% to 15.9%.\6\ 
Several other studies corroborate these results.\7\ For example, a 
study by the Florida Solar Energy Center measured door openings and 
closings in two person households and found an average of 42 openings 
per day.\8\
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    \5\ See Danny S. Parker & Ted C. Stedman, Measured Electricity 
Savings of Refrigerator Replacement: Case Study and Analysis, 
Florida Solar Energy Center FSEC-PF-239-92 (1992) (citing Chang, 
Y.L., and R.A. Grot. 1979. Field performance of residential 
refrigerators and combination refrigerator-freezers. NBSIR 79-1781).
    \6\ James Y. Kao & George E. Kelly, Factors Affecting the Energy 
Consumption of Two Refrigerator-Freezers, SA-96-7-1 at 9 available 
at: http://fire.nist.gov/bfrlpubs/build96/PDF/b96070.pdf.
    \7\ See e.g., NIST Study (citing Alan Meier and Richard Jansky, 
Field Performance of Residential Refrigerators: A Comparison with 
the Laboratory Test, LBL-31795 UC 150 (May 1991) available at: 
http://www.osti.gov/scitech/servlets/purl/6142295; Meier, A., et al. 
1993; The New York refrigerator monitoring project: final report. 
Report No. LBL-33708. Berkeley, California: Lawrence Berkeley 
Laboratory; KEMA-XENERGY, Inc., Final report measurement and 
evaluation study of 2002 statewide residential appliance recycling 
program, 8-1--8z-8 (2004); Wong, M.T., W.R. Jones, B.T. Howell, and 
D.L. Long. 1995. Energy consumption testing of innovative 
refrigerator-freezer. ASHRAE Transactions 101(2).)
    \8\ Danny S. Parker & Ted C. Stedman, Measured Electricity 
Savings of Refrigerator Replacement: Case Study and Analysis, 
Florida Solar Energy Center FSEC-PF-239-92 (1992).
---------------------------------------------------------------------------

    A National Institute of Standards (``NIST'') study, commissioned by 
DOE, also demonstrated that when testing is performed at 90[deg]F, as 
little as a 2 degree difference in ambient temperature can result in a 
dramatic difference in measured energy consumption. \9\ Alan

[[Page 14690]]

Meier, an associate American Society of Heating, Refrigerating and Air-
Conditioning Engineers (``ASHRAE'') member, conducted a more exhaustive 
study of this correlation and found that for two groups of 
refrigerators extensively monitored, actual energy use averaged 13% and 
15% less than the results from the yellow Energy Guide (which is based 
on AHAM procedures).\10\ Mr. Meier reported that families typically 
open and close the doors of their refrigerators an average of 50 times 
daily. The study observed, ``[r]elatively modest ambient temperature 
variations led to 50% changes in energy use.''
---------------------------------------------------------------------------

    \9\ David A. Yashar, Repeatability of Energy Consumption Test 
Results for Compact Refrigerators, U.S. Dept. of Commerce, 
Technology Administration National Institute of Standards and 
Technology at 7-8, 14 (September 2002), available at: http://fire.nist.gov/bfrlpubs/build00/PDF/b00055.pdf.
    \10\ Alan K. Meier, Field performance of residential 
refrigerators, ASHRAE Journal 36-40 (August 1999).

    Another study by P.K. Bansal, also an ASHRAE member, states 
that,
    Elevated ambient temperatures used in most test procedures 
crudely simulate the heat loads from door openings. . . . This 
process fails to produce satisfactory results that could be 
representative of an in-situ real world refrigerator performance 
\11\
---------------------------------------------------------------------------

    \11\ P.K. Bansal, Studies on algorithm development for energy 
performance testing: study 2--study of algorithms for domestic 
refrigeration appliances, APEC201-RE-01.11 at 19 (2001).

    Even a 2010 study by the Energy Analysis Department of the Lawrence 
Berkeley Laboratory, CA, supported by DOE, stated, ``[i]n many cases 
the test procedures do not reflect field usage[.]'' \12\
---------------------------------------------------------------------------

    \12\ Jim Lutz, et al. How to make appliance standards work: 
improving the energy and water efficiency test procedures, Ernest 
Orlando Lawrence Berkeley National Laboratory for Assistant 
Secretary for Energy Efficiency and Renewable Energy, Office of 
Building Technology, State and Community Programs, of the U.S. 
Department of Energy, LBNL4961E at 1 (2010).
---------------------------------------------------------------------------

    These studies provide clear evidence that when refrigerator doors 
are opened infrequently, the AHAM procedures using 90[deg]F as the 
ambient temperature will overstate energy consumption.
    Most of these studies were done on typical household refrigerator-
freezers. FSI found no comparable data for compact refrigerators or, 
more specifically, on any of the type of products for which a waiver is 
sought in this petition. Indeed, DOE's own Technical Support Document, 
acknowledged that:

``DOE found no data on the typical field energy consumption of 
compact refrigeration products. It therefore assumed that the 
average field energy use of compact refrigerators and freezers of a 
given size the same as the maximum energy use allowed by the DOE 
standard as measured in the DOE test procedure. In effect, DOE 
assumed that variation in the field energy use of compact appliances 
is a function solely of volume.'' \13\
---------------------------------------------------------------------------

    \13\ U.S. Dept. of Energy, Preliminary Technical Support 
Document: Energy Efficiency Program for Consumer Products: 
Refrigerators, Refrigerator-Freezers, and Freezers at 7-38 (Nov. 
2009), available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/ref_frz_prenopr_prelim_tsd.pdf.

    The approximation ignores the significantly important variable of 
the number of door openings and closings which greatly differs between 
a full size refrigerator used by a family and a specialty compact 
refrigerator used in a secondary application.
    FSI performed tests on four representative models of refrigerators 
and beer dispensers., running tests at average 72[deg]F (room) 
temperature and at 90[deg]F. For one set of tests FSI opened and closed 
the doors of each unit six times per test, which exceeds the frequency 
of typical door openings and closings for these models. The second set 
of tests was conducted with doors remaining closed throughout the test. 
These tests consistently showed that all units at average 72[deg]F 
(room temperature) used over 40% less energy than when run at 90[deg]F. 
The tests with doors closed had a weighted average of 48% lower energy 
consumption than at 90[deg]F, and tests with door openings had a 
weighted average of 46% lower energy consumption. Door openings 
consistent with actual use, or tests without door openings, did not 
change the overall results or the conclusions.
    A summary of this data is presented in the following tables.

                           Table 1--Tests With Appropriate Door Openings and Closings
----------------------------------------------------------------------------------------------------------------
                                                                             Energy use at ambient
                                                                           -------------------------   Percent
                Type                   No. tests    Energy use at 90[deg]F     With doors opened/      decrease
                                                                                     closed
----------------------------------------------------------------------------------------------------------------
Beer Dispenser......................            2  1.16 kWh/day...........  0.68 kWh/day...........           41
Hotel Refrigerator..................            4  1.04 kWh/day...........  0.59 kWh/day...........           43
Assisted Living Unit 1..............            3  0.91 kWh/day...........  0.51 kWh/day...........           44
Assisted Living Unit 2..............            6  1.10 kWh/day...........  0.55 kWh/day...........           50
----------------------------------------------------------------------------------------------------------------

                                        Table 2--Tests With Doors Closed
----------------------------------------------------------------------------------------------------------------
                                                                             Energy use at ambient
                Type                   No. tests    Energy use at 90[deg]F -------------------------   Percent
                                                           kWh/day             (no door openings)      decrease
----------------------------------------------------------------------------------------------------------------
Beer Dispenser......................            6  1.16 kWh/day...........  0.65 kWh/day...........           44
Hotel Refrigerator..................            5  1.04 kWh/day...........  0.55 kWh/day...........           47
Assisted Living Unit 1..............            6  0.91 kWh/day...........  0.49 kWh/day...........           46
Assisted Living Unit 2..............            8  1.10 kWh/day...........  0.52 kWh/day...........           53
----------------------------------------------------------------------------------------------------------------

Discussion of Door Openings and Closings for the Models in This Waiver 
Petition

    The units in this waiver application do not conform to the same 
usage as typical household full-size refrigerators: the doors on all of 
these basic units are opened and closed significantly less frequently 
than typical household refrigeration equipment. The units in this 
waiver petition also differ from the majority of compact refrigerator-
freezers sold for dormitory or office use, which are typically shared 
by a number of users.

1. Keg Beer Coolers [Models SBC590, SBC590OS, and SBC635M]

    Beer coolers, by their nature, have their doors opened and closed 
only when a keg needs to be changed. Depending on usage, this may be 
once weekly, once monthly, or even less frequently. Beer in kegs is 
always

[[Page 14691]]

provided in a chilled state, so in essence the beer cooler is not 
working to bring contents to the design temperature, but is only 
maintaining steady state conditions. The products in this waiver 
petition do not have shelves and are designed to store beer kegs only. 
Furthermore, use and care guides normally advise to turn off the 
electricity to the beer cooler while changing the keg, for both safety 
and energy conservation.

2. Assisted Living Refrigerators [Models ALBF44, ALBF68]

    Refrigerators whose primary market is assisted living centers 
generally do not serve as a primary refrigerator.\14\ These centers 
typically provide residents with three full meals a day, along with 
snacks during morning, afternoon, and evening activities. As such, 
these units serve as secondary storage that is opened and closed less 
frequently than primary household refrigerators. A limited survey of 
residents in two of these facilities done by FSI employees showed that 
fresh food doors were opened an average of 4 times daily, and freezer 
doors less than once. The refrigerators sold by FSI that are used in 
these assisted living studio apartments also differ from typical 
household or dormitory type refrigerators in design. They are usually 
frost free or partial automatic defrost for the convenience of an 
elderly population (compared to typical ``dormitory'' refrigerators 
that are usually manual defrost). Moreover, they are usually only 4 to 
6 cubic feet compared to the 15 to 25 cubic feet typically found in 
homes or apartments.
---------------------------------------------------------------------------

    \14\ Assisted living facilities generally include meals as a 
standard feature. See e.g. Sunrise Senior Living, Assisted Living 
available at: http://www.sunriseseniorliving.com/care-and-services/assisted-living.aspx (``While services and amenities may very by 
location, Sunrise assisted senior living communities generally 
provide . . . [t]hree delicious, well-balanced meals served 
daily[.]''); Friendship Assisted Living, Amenities available at: 
http://friendship.us/assisted-living/amenities-2/ (``Restaurant-
style dining is available for three meals everyday[.]''); 
HelpGuide.org, Assisted Living Facilities, available at: http://www.helpguide.org/elder/assisted_living_facilities.htm (showing 
that assisted living facilities typically provide three meals a 
day).
---------------------------------------------------------------------------

3. Ultra-Compact Hotel Refrigerators [Models HTL2 and HTL3]

    FSI's proprietary ultra-compact refrigerators (with compressors) 
for hotel rooms are planned for introduction in early 2014 and are 
designed for guest convenience.\15\ These refrigerators are priced at a 
premium, very compact, and normally would be marketed only to upscale 
hotels. FSI estimates that guests will open and close the door to these 
units infrequently, if at all, since hotel rooms are generally occupied 
primarily during sleeping hours and meals are ordinarily eaten outside 
the room, or delivered by room service.\16\ In addition, these units 
will not be in use when the hotel rooms are vacant.
---------------------------------------------------------------------------

    \15\ Full size refrigerators used in hotel suites with 
kitchenettes or extended stay hotels are not part of the waiver 
application.
    \16\ See American Hotel & Lodging Association, Eco-Friendly Case 
Studies, available at: http://www.ahla.com/Green.aspx?id=21756 (The 
Radisson Hotel Cleveland decided to unplug hotel room mini-
refrigerators because ``a majority of hotel guests did not use them 
during their stay.'').
---------------------------------------------------------------------------

    As demonstrated above, testing the basic models in this waiver 
petition under the current and proposed test procedures would produce 
results that are ``unrepresentative of its true energy consumption 
characteristics . . . as to provide materially inaccurate comparative 
data.'' 10 C.F.R. Sec.  430.27.
    Based on the information presented, FSI proposes the following 
modifications be made to the DOE test procedures for the models named 
in this petition:
    1. Beer dispensers (Models SBC590, SBC590OS and SBC635M); be tested 
at an ambient temperature of 70[deg]F (per DOE's estimate of 
approximately 70[deg]F as typical room-temperature) with the doors 
closed;
    2. Hotel and assisting living refrigerators (Models ALBF44, ALBF68, 
ALBF68, HTL2 and HTL3) be tested at 72[deg]F to account for the very 
small number of daily door openings (where 2[deg]F is 10% of the 
difference between 70[deg]F and 90[deg]F and door openings of these 
products groups are no more than 10% of the typical household 
refrigerators);
    3. The units be tested for 24 continuous hours after stabilization 
to account for any timers used in the assisted living and hotel 
refrigerators; and
    4. All other test procedures are conducted in accordance with AHAM 
and DOE test procedures for residential refrigerators.

Additional Reasons in Support of Granting This Waiver

    FSI targets niche markets with many models, including those 
referenced herein, where the overall sales volume is too limited to 
appeal to manufacturers driven by mass production and economies of 
scale. In some cases, not allowing products that address certain size 
or use needs to market will have the unintended consequences of 
substantially reducing consumer choice and driving energy consumption 
up through a switch to larger models.
    For example, in the case of the assisted living markets, 
withdrawing specialty products from this small, niche market may force 
facilities to purchase larger refrigerators than necessary, increasing 
overall energy usage. The convenience and accessibility of these 
compact products is often more appropriate for assisted living 
residents. If suitably sized products are not available, facilities 
might be forced to remodel a kitchenette when a refrigerator needs 
replacing.
    In the case of the hotel industry, hotels (excluding extended stay 
hotels or suite type hotels) often use refrigerators that are driven by 
an absorption cooling system or by a thermoelectric cooling system 
(also called heat pipe systems). These cooling systems use 
significantly more energy than compressor systems, but are chosen by 
hotels for their low noise levels. It is important to note that these 
basic units may not be covered products for DOE because their design 
does not always allow them to reach the 39[deg]F threshold and, 
therefore, may not be considered a refrigerator per the statutory 
definition. [See 10 C.F.C. Sec.  430.2 (defining an electric 
refrigerator as ``a cabinet designed for the refrigerated storage of 
food, designed to be capable of achieving storage temperatures above 
32[deg]F (0[deg]C) and below 39[deg]F (3.9[deg]C), and having a source 
of refrigeration requiring single phase, alternating current electric 
energy input only.'')]. Consequently, by excluding FSI compressor 
models from competing in this market, hotels will use models with 
absorption or thermoelectric systems which use substantially more 
energy than the excluded products.

Economic Burden of the Regulations on Small Business in General and FSI 
in Particular

    Failure to grant these basic models waivers from test procedures 
would have severe economic consequences for FSI.
    Very large, multi-national corporations dominate the appliance 
market, led by Whirlpool and General Electric, whose sales are in the 
billions of dollars. Foreign companies with appliance sales in the 
billions of dollars and with a large U.S. presence include Electrolux 
(Frigidaire), LG, Samsung, Daiwoo, Bosch, Liebherr, Miele, AGA-Marvel, 
Bertazoni, Smeg, Haier, and Midea. FSI cannot compete with these 
companies' mass markets, with huge economies of scale on production, 
and distribution and insignificant compliance testing costs. FSI 
predominantly markets specialty

[[Page 14692]]

appliances that respond to niche market demands and customer choice.
    In response to DOE 2014 test procedures, FSI is working very hard 
to modify the vast majority of its residential refrigerator and freezer 
product line to comply with the new procedures. But in a number of 
niche markets with very small sales, the feasibility and costs of 
compliance are highly disproportionate for FSI to make a business case 
and will not result in energy savings. This results in an undue burden 
on FSI, for which these niche products form the nucleus of FSI's 
manufacturing operations and are the driver of job creation in 
disadvantaged economic development areas. Unlike the large companies 
mentioned above who can spread the cost of meeting current DOE and 
upcoming DOE 2014 standards and, in particular, test procedures over a 
base of millions, hundreds of thousands, or tens of thousands of units, 
a small business like FSI does not have this option.
    DOE has acknowledged the difficulties faced by both small 
manufacturers and the compact refrigeration industry dealing with 
standards. FSI falls into both categories and 90% of FSI's 
refrigeration business is restricted to compact classes. DOE reports 
that compact appliances only account for 2.5% of total energy consumed 
by all refrigeration products.\17\ FSI's assumption is that at least 
75% of that small number is consumed by college dormitory/office type 
products, meaning that less than 1% of total refrigeration energy use 
is consumed by ``specialty'' compact appliances, such as those listed 
in this petition. FSI's market share even in these small niche markets 
is quite limited. The appliances in this waiver application are a 
negligible part of that tiny subset and any energy consumption impacts 
from this waiver are highly de minimis at most. DOE recognizes the 
limited options available to compact appliance manufacturers, 
``[b]ecause of small production volumes, the impact of new standards on 
these manufacturers is relatively severe.'' \18\ This is especially 
true ahead of DOE 2014 requirements, which mandate a 20% reduction of 
usage and few affordable alternatives for reducing energy consumption 
in niche appliances that meet consumer demand.
---------------------------------------------------------------------------

    \17\ See Federal Register Vol. 62 No. 81, Page 23111, April 28, 
1997.
    \18\ Id.
---------------------------------------------------------------------------

Conclusions

    The waiver process clearly is intended for situations where test 
procedures do not provide an accurate representation of actual energy 
consumption. FSI has demonstrated that the test procedures specified by 
DOE do not provide representative measure of the basic models in this 
waiver application, whose doors are opened and closed significantly 
less than typical household use.
    FSI has demonstrated that:
     The use of 90[deg]F is designed to simulate an average of 
40 to 50 door openings per day and, even at that level, may overstate 
energy usage;
     The models listed in this waiver application have their 
doors opened and closed infrequently, and certainly significantly less 
than the simulation average;
     An alternate test procedure is readily available 
consisting of testing the products at 70[deg]F or 72[deg]F, over a 24 
hour period, and holding all other test procedures in accordance with 
AHAM Procedures and 10 CFR Sec.  430, Subpart B, Appendix A and 
Appendix A1.
     Failure to grant this waiver will cause severe economic 
hardship to FSI, a small business, and likely will cause switch to 
higher energy consuming replacement products.

FSI respectfully requests DOE waive the test procedures for the 
products listed in the petition as these ``test procedures may evaluate 
[these product] . . . in a manner so unrepresentative of [their] true 
energy consumption characteristics . . . as to provide materially 
inaccurate comparative data.'' 10 C.F.R. Sec.  430.27. All of these 
basic units have materially different uses than the average products 
subject to the test procedures. The proposed alternative procedures 
will provide an accurate representation of actual energy use. For these 
reasons, FSI respectfully requests that DOE substitute our proposed 
test procedures and waive the test procedures at 10 CFR Sec.  430, 
Subpart B, Appendix A for FSI's beer coolers, assisted living 
refrigerator-freezers and hotel refrigerators.

Respectfully submitted,
Paul Storch, President
Summit Appliance Div. Felix Storch, Inc.
770 Garrison Ave. Bronx, NY 10474 USA
PH. 718-893-3900
FAX: 718-842-3093

Attachment A

                                     Companies with Products Similar to FSI
----------------------------------------------------------------------------------------------------------------
   Automatic defrost or frost free beer
   coolers (excluding beer coolers that     Refrigerators designed specifically for     4 to 6 c.f. frost-free
       convert into refrigerators)                          hotels                          refrigerators
----------------------------------------------------------------------------------------------------------------
Nostalgia Products Group LLC               Minibar North America                     Avanti Products
1471 Partnership Dr                        7340 Westmore Road                        10880 NW 30th Street
Green Bay, WI 54304-5685                   Rockville, MD 20850                       Miami, FL 33172
Sears                                      Dometic Corporation                       Absocold Corporation.
5333 Beverly Road                          13128 State Rt 226                        1122 NW T Street
Hoffman Estates, IL 60192                  Big Prairie, OH 44611                     Richmond, IN 47374
Avanti Products                            ........................................  ...........................
10880 NW 30th Street                       ........................................  ...........................
Miami, FL 33172                            ........................................  ...........................
Fisher & Paykel Appliance USA              ........................................  ...........................
Holdings Inc.                              ........................................  ...........................
5900 Skylab Rd                             ........................................  ...........................
Huntington Beach, CA 92647 USA             ........................................  ...........................
----------------------------------------------------------------------------------------------------------------

December 12, 2013

Dr. David Danielson
Assistant Secretary
Energy Efficiency and Renewable Energy
U.S. Department of Energy
1000 Independence Ave., SW
Washington, DC 20585

[[Page 14693]]

Re: Application for Interim Waiver pursuant to 10 C.F.R. Sec.  431.401 
for basic Summit models:

     Keg Beer Coolers (Models SBC590, SBC590OS, and SBC635M)
     Assisted Living Refrigerator-freezers (Models ALBF44, 
ALBF68)
     Hotel Refrigerators (Models HTL2 and HTL3)

    Felix Storch, Inc. (FSI) through this Application for Interim 
Waiver will demonstrate likely success of the petition for waiver and 
address what economic hardship and/or competitive disadvantage is 
likely to result, absent a favorable determination on the Application 
for Interim Waiver.
    This application for interim waiver applies to the following 
models:

     Keg Beer Coolers (Models SBC590, SBC590OS, and SBC635M)
     Assisted Living Refrigerator-freezers (Models ALBF44, 
ALBF68)
     Hotel Refrigerators (Models HTL2 and HTL3)

    Jointly, these models are referred to throughout as 
`refrigerators'. Further information to support this application is 
contained in the Petition for Waiver filed simultaneously to this 
application.

Confidential Business information:

    Felix Storch, Inc. is not asking for any part of this interim 
waiver request to be redacted.

Likelihood of Success on the Merits

    FSI markets a wide range of refrigeration equipment for sale into 
specialty and niche markets. These refrigerators need to comply with 
energy efficiency standards issued and enforced by the Department of 
Energy (DOE). DOE relies on a single test procedure for all residential 
refrigerators and freezers. While the test procedure will change 
slightly on Sept. 15, 2014, the basic method of conducting the test 
will remain unchanged. FSI can conclusively demonstrate that for the 
specific products in this waiver petition, both test procedures are 
``so unrepresentative of its true energy consumption characteristics . 
. . as to provide materially inaccurate comparative data.'' See 10 CFR 
Sec.  430, subpart B, appendix A1, and 10 CFR Sec.  430, subpart B, 
appendix A.
    These test procedures will result in reported energy usage that is 
substantially higher than actual energy consumption and fail to 
represent real world operating conditions. As such, we believe that it 
is highly likely that we will succeed on the merits of the waiver 
petition. The products listed above meet DOE's intent in creating the 
waiver petition process and the criteria for establishing test 
procedures that enable DOE to evaluate products in a manner 
representative of true energy consumption and provide for accurate 
comparative data. FSI's approach to developing more representative test 
procedures is supported throughout the studies cited in the waiver 
petition and FSI in-situ testing.

Need for an interim waiver

    The residential appliance business is a highly competitive 
business. Companies that specialize in niche products with low annual 
sales, cumulative and for any given product, inherently have higher 
unit costs for a number of reasons, including:
     The cost of manufacturing the product is high, and there 
is less efficiency of scale;
     The cost of marketing and distributing niche products is 
higher than mass market products;
     Small companies have to divide fixed overhead by 
relatively low unit sales.
    This is exacerbated by the costs to register and comply with energy 
efficiency standards. When divided over only dozens or hundreds of 
units sold annually, testing costs can add 5% to 25% or more to a 
product's selling price, and could be the determinative factor between 
profit and loss. As a consequence, it is vitally important that energy 
testing be done in a manner that is representative of actual energy 
consumption and does not unduly drive up the costs to comply with 
standards that provide inaccurate test measurements.
    All of the products in this interim waiver application are compact 
refrigeration equipment. Compact refrigerators are primarily designed 
for situations where there are space limitations (either height or 
width or depth or a combination). As such, compact appliances do not 
have the options to decrease energy consumption by increasing the 
dimensions and adding additional insulating material. Compact 
appliances also have far more design limitations on the size and 
placement of components such as evaporators, condensers, compressors 
and fans because there are much smaller areas to work in.
    Failure to obtain an interim waiver in a timely manner will create 
severe economic hardship to FSI. Products in this waiver request will 
all serve markets that have fewer choices than mainstream markets, 
which all offer increased consumer choice. None of the subject products 
are the most common `dormitory' or office type compact refrigerators 
sold through mass market retailers.\19\ Some of the products in this 
waiver petition will serve markets where competitive products either 
use technology that uses much more energy (yet are not considered 
``covered'' products by DOE), or force customers to use larger 
refrigerators than needed, which also may use more energy than needed.
---------------------------------------------------------------------------

    \19\ It is important to note that the overwhelming majority of 
compact appliances sold today fall into the categories of dormitory 
type or office type refrigerator-freezers. Dorm and office 
refrigerators are not the subject of this petition.
---------------------------------------------------------------------------

    FSI is developing new products that will have many benefits and 
offer consumers more energy efficient choices, which will comply with 
DOE standard in accordance with appropriate test procedures. Yet, these 
products, when measured by the current and proposed DOE test 
procedures, will not reflect their true energy consumption. There are 
valid reasons why these specialty refrigerators will be used in a 
completely different manner than the ``typical'' residential 
refrigerator. When energy consumption is measured in a representative 
manner, all are energy efficient and will comply with applicable DOE 
standards. All will contribute to the value added manufacturing done in 
our South Bronx facility. And all are intended to meet market demand in 
very small markets, and offer consumers a more suitable alternative to 
general purpose refrigerators. FSI has demonstrated that a single 
change to the test procedure will produce representative data, and 
allow FSI to market niche products that are the most suitable for some 
consumer applications.
    The new DOE residential standards that take effect Sept. 15, 2014 
will force significant industry wide changes. Smaller companies such as 
FSI will be the most adversely impacted as many products that cannot 
meet the new standards will be withdrawn from the market. With many FSI 
products only selling a few hundred units annually or even fewer, the 
R&D and design changes needed to reduce energy consumption are cost 
prohibitive. Without a stream of new products to hold revenue steady, 
companies such as FSI will suffer severe revenue loss, employment loss 
and are threatened.
    The failure to issue this interim waiver will not only deprive FSI 
of the revenue and gross profit from this group of products, but it 
will weaken our competitive position in the marketplace. In the waiver 
application, FSI identifies about a dozen major players in the 
appliance marketplace we compete with, all of whom have over a billion 
dollars in annual revenue. All but two

[[Page 14694]]

are foreign companies with large manufacturing operations. All, in 
varying degrees, compete with FSI. On common products, FSI is at a huge 
competitive disadvantage given all their economies of scale. FSI 
competes successfully because our niche products allow us to be more 
valuable to our resellers, and a certain amount of ``common'' products 
are sold alongside. Absent the niche products, our commodity products 
will suffer greatly as well.
    As a consequence of these circumstances, FSI would suffer serious 
economic hardship, and would be at a competitive disadvantage unless an 
interim waiver is granted for the products in this petition.

Conclusion

    FSI initiated a petition for waiver for the list of specialty 
refrigerators that are designed to provide consumer choice in niche 
markets. These products differ substantially in their use from typical 
household or dormitory type refrigerators. The current test procedures 
measure energy use in a manner that is so unrepresentative of these 
products' true energy consumption that they provide materially 
inaccurate comparative data. FSI respectfully requests that you grant 
an interim waiver of the test procedures of 10 CFR Sec.  430, subpart 
B, appendix A1 and the proposed 10 CFR Sec.  430, subpart B, appendix A 
to the procedure outlined in our waiver request, so that it may avoid 
severe economic hardship while DOE processes the petition.

Respectfully submitted,
Paul Storch
Summit Appliance Div. Felix Storch, Inc.
70 Garrison Ave. Bronx, NY 10474 USA
PH. 718-893-3900
FAX: 718-842-3093
Email: paul@summitappliance.com

December 17, 2013

Building Technologies Program
U.S. Department of Energy
Test Procedure Waiver
1000 Independence Ave., SW
Mailstop EE-2J
Washington, DC 20585-0121

RE: Petition for Waiver of Test Procedures proposed for September 15, 
2014 (10 CFR Sec.  430, Subpart B, Appendix A) pursuant to 10 CFR. 
Sec.  430.27(a)(1) for Summit brand appliances as follows:

     Keg Beer Coolers (Models SBC490B and SBC570R);
     Assisted Living Refrigerators (Models FF71TB, FF73, FF74, 
AL650R, ALB651BR, AL652BR, ALB653BR, CT66RADA, CT67RADA, AL750R, 
ALB751R, AL752BR, and ALB753LBR); and
     Ultra-Compact, Hotel Refrigerators (Models FF28LH, 
FF29BKH, FFAR21H, and FFAR2H).

Introduction

    The Department of Energy (``DOE'') provides a waiver process for 
refrigeration products when ``the prescribed [10 CFR Sec.  430, Subpart 
B, Appendix A1 currently and the proposed 10 CFR Sec.  430, Subpart B, 
Appendix A] test procedures may evaluate [a product] . . . in a manner 
so unrepresentative of its true energy consumption characteristics . . 
. as to provide materially inaccurate comparative data.'' 10 CFR Sec.  
430.27. This petition seeks such a waiver for the above-referenced 
products from 2014 and forward test procedures for residential 
refrigerators provided in 10 CFR Sec.  430, Subpart B, Appendix A.
    Felix Storch, Inc. (``FSI'') is a small business engaged in 
importing, manufacturing, and distributing appliances to niche markets 
in the household, commercial, hospitality, institutional and medical 
community, as well as distributing household cooking and laundry 
appliances. Located in the South Bronx, New York, FSI employs 
approximately 150 individuals engaged in manufacturing, material 
handling, trucking, engineering, marketing, sales, shipping, clerical 
services and customer service. FSI, under the Summit brand name, 
imports refrigeration products from a number of factories in Europe, 
Mexico and Asia, as well as manufactures a number of products in New 
York. A significant part of FSI's business is value-added manufacturing 
conducted by FSI in its Bronx facility. Value-added manufacturing is 
the process of adding or modifying components or finishes to existing 
products in order to adapt these appliances for sale to special markets 
where few or no suitable products exist. The above-referenced models 
are all either built or modified in our Bronx facility.
    DOE's test procedures are not appropriate for the above-referenced 
models because they fail to accurately reflect the actual energy 
consumption of the products during normal use. DOE test procedures for 
residential refrigeration (both the procedures in effect currently and 
the proposed procedures for 2014) require testing products at an 
ambient temperature of 90[deg]F. DOE selected that temperature (as 
opposed to a more normal 70[deg]F ambient) to simulate the effects of 
door openings and closings; such actions are not performed during the 
testing. See 10 CFR Sec.  430.23(a)(10) (The regulation explains, 
``[t]he intent of the energy test procedure is to simulate typical room 
conditions (approximately 70[deg]F (21[deg]C)) with door openings, by 
testing at 90[deg]F (32.2[deg]C) without door openings.'').\20\ 
However, the above-listed FSI products will be sold for uses where door 
openings and closings are highly infrequent.\21\ All these products 
will consume far less energy during actual use than is measured by the 
existing and proposed testing procedures.
---------------------------------------------------------------------------

    \20\ See 10 CFR 10 CFR Sec.  430.23(a)(10) (identifying 70[deg]F 
as being representative of typical room temperature).
    \21\ It is important to note that the overwhelming majority of 
compact appliances sold today fall into the categories of dormitory 
type or office type refrigerator-freezers. FSI could not find 
statistics on door openings for these products, but since these 
types of units would be shared by multiple users, it is logical to 
assume their use would be similar to conventional refrigerators, as 
opposed to the special use models in this waiver petition.
---------------------------------------------------------------------------

    FSI seeks a waiver for the above-references products because:
    (1) Test procedures do not provide a fair and accurate 
representation of actual energy use;
    (2) The market size for each of these products is quite small;
    (3) The economic burden of complying with DOE standards in effect 
today, and the proposed standards for 2014, would place an undue 
economic burden on FSI;
    (4) There is an easily substituted alternate test procedure for 
these models;
    (5) Withdrawing these products from the marketplace would greatly 
limit consumer choice, adversely impact small business and, in some 
cases, result in compelling customers to turn to larger or less energy 
efficient products that increase overall energy consumption.
    For these reasons, FSI respectfully requests a waiver, pursuant to 
10 C.F.R. Sec.  430.27, of the test procedures for residential 
refrigerators provided in 10 CFR Sec.  430, Subpart B, Appendix A.
    1. Models for which a waiver is requested.
    This waiver request applies to the following models:
     Keg Beer Coolers (Models SBC490B; SBC570R);
     Assisted Living Refrigerators: (Models FF71TB, FF73, FF74, 
AL650R, ALB651BR, AL652BR, ALB653BR, CT66RADA, CT67RADA, AL750R, 
ALB751R, AL752BR, and ALB753LBR);
     Ultra-Compact, Hotel Refrigerators (Models FF28LH, 
FF29BKH, FFAR21H, and FFAR2H).
    All of these models are intended for uses distinct from the typical 
household use whereby the doors on these products are seldom opened and 
closed.

[[Page 14695]]

    2. Manufacturers of other basic models marketed in the United 
States are known by FSI to incorporate similar design characteristics.
    Manufacturers of other basic models marketed in the United States 
and known to FSI that incorporate similar design characteristics are 
included in Attachment A.
    3. Alternate test procedures are known to FSI to evaluate 
accurately energy consumption of the listed basic models.
    FSI has extensive data that demonstrates that a single change to 
the test procedure will result in measuring energy consumption in a 
manner far more representative of actual use.
    Testing the basic models listed in this petition at an ambient 
temperature of 70[deg]F or 72[deg]F, rather than 90[deg]F will measure 
energy consumption in a manner significantly more representative of 
actual use than using the DOE prescribed test procedures, both under 
current standards and those proposed for implementation on September 
15, 2014.

Background

    DOE acknowledges in 10 CFR Sec.  430.23(a)(10) that ``[t]he intent 
of the energy test procedure is to simulate typical room conditions 
(approximately 70[deg]F (21[deg]C)) with door openings, by testing at 
90[deg]F (32.2[deg]C) without door openings.''
    DOE uses 90[deg]F as a surrogate for running tests at typical 
ambient temperature to simulate the impact of opening and closing 
refrigerator and freezer doors. This standard is incorporated into the 
AHAM test procedures used by DOE in both the current standards and the 
upcoming 2014 standards. This temperature selection is at least 30 
years old and is referenced in ANSI-AHAM HRF-1 (1979).\22\
---------------------------------------------------------------------------

    \22\ American National Standard on Household Refrigerators and 
Household Freezers, ANSI/AHAM HRF-1-1979 at 51-52, available at: 
https://law.resource.org/pub/us/cfr/ibr/001/aham.HRF-1.1979.pdf.
---------------------------------------------------------------------------

    Several studies have attempted to validate this information. For 
example, one study showed that household refrigerators-freezers had a 
median of 48 fresh-food door openings and 10 freezer door openings per 
24 hours.\23\ A study based on this number of door openings concluded 
that 90[deg]F overstated energy consumption by 8.3% to 15.9%.\24\ 
Several other studies corroborate these results.\25\ For example, a 
study by the Florida Solar Energy Center measured door openings and 
closings in two person households and found an average of 42 openings 
per day. \26\
---------------------------------------------------------------------------

    \23\ See Danny S. Parker & Ted C. Stedman, Measured Electricity 
Savings of Refrigerator Replacement: Case Study and Analysis, 
Florida Solar Energy Center FSEC-PF-239-92 (1992) (citing Chang, 
Y.L., and R.A. Grot. 1979. Field performance of residential 
refrigerators and combination refrigerator-freezers. NBSIR 79-1781).
    \24\ James Y. Kao & George E. Kelly, Factors Affecting the 
Energy Consumption of Two Refrigerator-Freezers, SA-96-7-1 at 9 
available at: http://fire.nist.gov/bfrlpubs/build96/PDF/b96070.pdf.
    \25\ See e.g., NIST Study (citing Alan Meier and Richard Jansky, 
Field Performance of Residential Refrigerators: A Comparison with 
the Laboratory Test, LBL-31795 UC 150 (May 1991) available at: 
http://www.osti.gov/scitech/servlets/purl/6142295; Meier, A., et al. 
1993; The New York refrigerator monitoring project: final report. 
Report No. LBL-33708. Berkeley, California: Lawrence Berkeley 
Laboratory; KEMA-XENERGY, Inc., Final report measurement and 
evaluation study of 2002 statewide residential appliance recycling 
program, 8-1--8-8 (2004); Wong, M.T., W.R. Jones, B.T. Howell, and 
D.L. Long. 1995. Energy consumption testing of innovative 
refrigerator-freezer. ASHRAE Transactions 101(2).)
    \26\ Danny S. Parker & Ted C. Stedman, Measured Electricity 
Savings of Refrigerator Replacement: Case Study and Analysis, 
Florida Solar Energy Center FSEC-PF-239-92 (1992).
---------------------------------------------------------------------------

    A National Institute of Standards (``NIST'') study, commissioned by 
DOE, also demonstrated that when testing is performed at 90[deg]F, as 
little as a 2 degree difference in ambient temperature can result in a 
dramatic difference in measured energy consumption.\27\ Alan Meier, an 
associate American Society of Heating, Refrigerating and Air-
Conditioning Engineers (``ASHRAE'') member, conducted a more exhaustive 
study of this correlation and found that for two groups of 
refrigerators extensively monitored, actual energy use averaged 13% and 
15% less than the results from the yellow Energy Guide (which is based 
on AHAM procedures).\28\ Mr. Meier reported that families typically 
open and close the doors of their refrigerators an average of 50 times 
daily. The study observed, ``[r]elatively modest ambient temperature 
variations led to 50% changes in energy use.''
---------------------------------------------------------------------------

    \27\ David A. Yashar, Repeatability of Energy Consumption Test 
Results for Compact Refrigerators, U.S. Dept. of Commerce, 
Technology Administration National Institute of Standards and 
Technology at 7-8, 14 (September 2002), available at: http://fire.nist.gov/bfrlpubs/build00/PDF/b00055.pdf.
    \28\ Alan K. Meier, Field performance of residential 
refrigerators, ASHRAE Journal 36-40 (August 1999).

Another study by P.K. Bansal, also an ASHRAE member, states that,
Elevated ambient temperatures used in most test procedures crudely 
simulate the heat loads from door openings. . . . This process fails 
to produce satisfactory results that could be representative of an 
in-situ real world refrigerator performance \29\
---------------------------------------------------------------------------

    \29\ P.K. Bansal, Studies on algorithm development for energy 
performance testing: study 2--study of algorithms for domestic 
refrigeration appliances, APEC201-RE-01.11 at 19 (2001).

    Even a 2010 study by the Energy Analysis Department of the Lawrence 
Berkeley Laboratory, CA, supported by DOE, stated, ``[i]n many cases 
the test procedures do not reflect field usage[.]'' \30\
---------------------------------------------------------------------------

    \30\ Jim Lutz, et al. How to make appliance standards work: 
improving the energy and water efficiency test procedures, Ernest 
Orlando Lawrence Berkeley National Laboratory for Assistant 
Secretary for Energy Efficiency and Renewable Energy, Office of 
Building Technology, State and Community Programs, of the U.S. 
Department of Energy, LBNL4961E at 1 (2010).
---------------------------------------------------------------------------

    These studies provide clear evidence that when refrigerator doors 
are opened infrequently, the AHAM procedures using 90[deg]F as the 
ambient temperature will overstate energy consumption.
    All of these studies were done on typical household refrigerator-
freezers. FSI found no comparable data for compact refrigerators or, 
more specifically, on any of the type of products for which a waiver is 
sought in this petition. Indeed, DOE's own Technical Support Document, 
acknowledged that:

``DOE found no data on the typical field energy consumption of 
compact refrigeration products. It therefore assumed that the 
average field energy use of compact refrigerators and freezers of a 
given size is the same as the maximum energy use allowed by the DOE 
standard as measured in the DOE test procedure. In effect, DOE 
assumed that variation in the field energy use of compact appliances 
is a function solely of volume''.\31\

    \31\ U.S. Dept. of Energy, Preliminary Technical Support 
Document: Energy Efficiency Program for Consumer Products: 
Refrigerators, Refrigerator-Freezers, and Freezers at 7-38 (Nov. 
2009), available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/ref_frz_prenopr_prelim_tsd.pdf .

    The approximation ignores the significantly important variable of 
the number of door openings and closings which greatly differs between 
a full size refrigerator used by a family and a specialty compact 
refrigerator used in a secondary application.
    FSI performed tests on four representative models of refrigerators 
and beer dispensers, running tests at average 72[deg]F (room) 
temperature and at 90[deg]F. For one set of tests FSI opened and closed 
the doors of each unit six times per test, which exceeds the frequency 
of typical door openings and closings for these models. The second set 
of tests was conducted with doors remaining closed throughout the test. 
These tests consistently showed that all units at average 72[deg]F 
(room temperature) used over 40% less energy than when run at 90[deg]F. 
The tests with doors closed had a weighted average of 48% lower energy 
consumption than at

[[Page 14696]]

90[deg]F, and tests with door openings had a weighted average of 46% 
lower energy consumption. Door openings consistent with actual use, or 
tests without door openings, did not change the overall results or the 
conclusions.
    A summary of this data is presented in the following tables.

                           Table 1--Tests With Appropriate Door Openings and Closings
----------------------------------------------------------------------------------------------------------------
                                                                             Energy use at ambient
                                                                           -------------------------   Percent
                Type                   No. tests    Energy use at 90[deg]F     With doors opened/      decrease
                                                                                     closed
----------------------------------------------------------------------------------------------------------------
Beer Dispenser......................            2  1.16 kWh/day...........  0.68 kWh/day...........           41
Hotel Refrigerator..................            4  1.04 kWh/day...........  0.59 kWh/day...........           43
Assisted Living Unit 1..............            3  0.91 kWh/day...........  0.51 kWh/day...........           44
Assisted Living Unit 2..............            6  1.10 kWh/day...........  0.55 kWh/day...........           50
----------------------------------------------------------------------------------------------------------------

                                        Table 2--Tests With Doors Closed
----------------------------------------------------------------------------------------------------------------
                                                                             Energy use at ambient
                Type                   No. tests    Energy use at 90[deg]F -------------------------   Percent
                                                           kWh/day             (no door openings)      decrease
----------------------------------------------------------------------------------------------------------------
Beer Dispenser......................            6  1.16 kWh/day...........  0.65 kWh/day...........           44
Hotel Refrigerator..................            5  1.04 kWh/day...........  0.55 kWh/day...........           47
Assisted Living Unit 1..............            6  0.91 kWh/day...........  0.49 kWh/day...........           46
Assisted Living Unit 2..............            8  1.10 kWh/day...........  0.52 kWh/day...........           53
----------------------------------------------------------------------------------------------------------------

Discussion of Door Openings and Closings for the Models in This Waiver 
Petition

    The units in this waiver application do not conform to the same 
usage as typical household full-size refrigerators: The doors on all of 
these basic units are opened and closed significantly less frequently 
than typical household refrigeration equipment. The units in this 
waiver petition also differ from the majority of compact refrigerator-
freezers sold for dormitory or office use, which are typically shared 
by a number of users.

1. Keg Beer Coolers [Models SBC490B and SBC570R]

    Beer coolers, by their nature, have their doors opened and closed 
only when a keg needs to be changed. Depending on usage, this may be 
once weekly, once monthly, or even less frequently. Beer in kegs is 
always provided in a chilled state, so in essence the beer cooler is 
not working to bring contents to the design temperature, but is only 
maintaining steady state conditions. The products in this waiver 
petition do not have shelves and are designed to store beer kegs only. 
Furthermore, use and care guides normally advise to turn off the 
electricity to the beer cooler while changing the keg, for both safety 
and energy conservation.

2. Assisted Living Refrigerators [Models FF71TB, FF73, FF74, AL650R, 
ALB651BR, AL652BR, ALB653BR, CT66RADA, CT67RADA, AL750R, ALB751R, 
AL752BR, and ALB753LBR)]

    Refrigerators whose primary market is assisted living centers 
generally do not serve as a primary refrigerator.\32\ These centers 
typically provide residents with three full meals a day, along with 
snacks during morning, afternoon, and evening activities. As such, 
these units serve as secondary storage that is opened and closed less 
frequently than primary household refrigerators. A limited survey of 
residents in two of these facilities done by FSI employees showed that 
fresh food doors were opened an average of 4 times daily, and freezer 
doors less than once. The refrigerators sold by FSI that are used in 
these assisted living studio apartments also differ from typical 
household or dormitory type refrigerators in design. They are usually 
frost free or partial automatic defrost for the convenience of an 
elderly population (compared to typical ``dormitory'' refrigerators 
that are usually manual defrost). Moreover, they are usually only 4 to 
6 cubic feet compared to the 15 to 25 cubic feet typically found in 
homes or apartments.
---------------------------------------------------------------------------

    \32\ Assisted living facilities generally include meals as a 
standard feature. See e.g. Sunrise Senior Living, Assisted Living 
available at: http://www.sunriseseniorliving.com/care-and-services/assisted-living.aspx (``While services and amenities may vary by 
location, Sunrise assisted senior living communities generally 
provide . . . [t]hree delicious, well-balanced meals served 
daily[.]''); Friendship Assisted Living, Amenities available at: 
http://friendship.us/assisted-living/amenities-2/ (``Restaurant-
style dining is available for three meals every day[.]''); 
HelpGuide.org, Assisted Living Facilities, available at: http://www.helpguide.org/elder/assisted_living_facilities.htm (showing 
that assisted living facilities typically provide three meals a 
day).
---------------------------------------------------------------------------

3. Ultra-Compact Hotel Refrigerators [Models FF28LH, FF29BKH, FFAR21H, 
and FFAR2H]

    FSI's proprietary ultra-compact refrigerators (with compressors) 
for hotel rooms are planned for introduction in early 2014 and are 
designed for guest convenience.\33\ These refrigerators are priced at a 
premium, very compact, and normally would be marketed only to upscale 
hotels. FSI estimates that guests will open and close the door to these 
units infrequently, if at all, since hotel rooms are generally occupied 
primarily during sleeping hours and meals are ordinarily eaten outside 
the room, or delivered by room service.\34\ In addition, these units 
will not be in use when the hotel rooms are vacant.
---------------------------------------------------------------------------

    \33\ Full size refrigerators used in hotel suites with 
kitchenettes or extended stay hotels are not part of the waiver 
application.
    \34\ See American Hotel & Lodging Association, Eco-Friendly Case 
Studies, available at: http://www.ahla.com/Green.aspx?id=21756 (The 
Radisson Hotel Cleveland decided to unplug hotel room mini-
refrigerators because ``a majority of hotel guests did not use them 
during their stay.'').
---------------------------------------------------------------------------

    As demonstrated above, testing the basic models in this waiver 
petition under the current and proposed test procedures would produce 
results that are ``unrepresentative of its true energy consumption 
characteristics . . . as to provide materially inaccurate comparative 
data.'' 10 CFR Sec.  430.27.
    Based on the information presented, FSI proposes the following 
modifications be made to the DOE test

[[Page 14697]]

procedures for the models named in this petition:
    1. Beer dispensers (Models SBC490B and SBC570R); be tested at an 
ambient temperature of 70[deg]F (per DOE's estimate of approximately 
70[deg]F as typical room-temperature) with the doors closed;
    2. Hotel and assisting living refrigerators (Models FF71TB, FF73, 
FF74, AL650R, ALB651BR, AL652BR, ALB653BR, CT66RADA, CT67RADA, AL750R, 
ALB751R, AL752BR, ALB753LBR. FF28LH, FF29BKH, FFAR21H, and FFAR2H) be 
tested at 72[deg]F to account for the very small number of daily door 
openings (where 2[deg]F is 10% of the difference between 70[deg]F and 
90[deg]F and door openings of these products groups are no more than 
10% of the typical household refrigerators);
    3. The units be tested for 24 continuous hours after stabilization 
to account for any timers used in the assisted living and hotel 
refrigerators; and
    4. All other test procedures be conducted in accordance with AHAM 
and DOE test procedures for residential refrigerators.

Additional Arguments for Granting This Waiver

    FSI targets niche markets with many models, including those 
referenced herein, where the overall sales volume is too limited to 
appeal to manufacturers driven by mass production and economies of 
scale. In some cases, not allowing products that address certain size 
or use needs to market will have the unintended consequences of 
substantially reducing consumer choice and driving energy consumption 
up through a switch to larger models.
    For example, in the case of the assisted living markets, 
withdrawing specialty products from this small, niche market may force 
facilities to purchase larger refrigerators than necessary, increasing 
overall energy usage. The convenience and accessibility of these 
compact products is often more appropriate for assisted living 
residents. If suitably sized products are not available, facilities 
might be forced to remodel a kitchenette when a refrigerator needs 
replacing.
    In the case of the hotel industry, hotels (excluding extended stay 
hotels or suite type hotels) often use refrigerators that are driven by 
an absorption cooling system or by a thermoelectric cooling system 
(also called heat pipe systems). These cooling systems use 
significantly more energy than compressor systems, but are chosen by 
hotels for their low noise levels. It is important to note that these 
basic units may not be covered products for DOE because their design 
does not always allow them to reach the 39[deg]F threshold and, 
therefore, may not be considered a refrigerator per the statutory 
definition. [See 10 CFC Sec.  430.2 (defining an electric refrigerator 
as ``a cabinet designed for the refrigerated storage of food, designed 
to be capable of achieving storage temperatures above 32[deg]F 
(0[deg]C) and below 39[deg]F (3.9[deg]C), and having a source of 
refrigeration requiring single phase, alternating current electric 
energy input only.'')]. Consequently, by excluding FSI compressor 
models from competing in this market, hotels will use models with 
absorption or thermoelectric systems which use substantially more 
energy than the excluded products.

Economic Burden of the Regulations on Small Business in General and FSI 
in Particular

    Failure to grant these basic models waivers from test procedures 
would have severe economic consequences for FSI.
    Very large, multi-national corporations dominate the appliance 
market, led by Whirlpool and General Electric, whose sales are in the 
billions of dollars. Foreign companies with appliance sales in the 
billions of dollars and with a large U.S. presence include Electrolux 
(Frigidaire), LG, Samsung, Daiwoo, Bosch, Liebherr, Miele, AGA-Marvel, 
Bertazoni, Smeg, Haier, and Midea. FSI cannot compete with these 
companies' mass markets, with huge economies of scale on production, 
and distribution and insignificant compliance testing costs. FSI 
predominantly markets specialty appliances that respond to niche market 
demands and customer choice.
    In response to DOE 2014 test procedures, FSI is working very hard 
to modify the vast majority of its residential refrigerator and freezer 
product line to comply with the new procedures. But in a number of 
niche markets with very small sales, the feasibility and costs of 
compliance are highly disproportionate for FSI to make a business case 
and will not result in energy savings. This results in an undue burden 
on FSI, for which these niche products form the nucleus of FSI's 
manufacturing operations and are the driver of job creation in 
disadvantaged economic development areas. Unlike the large companies 
mentioned above who can spread the cost of meeting current DOE and 
upcoming DOE 2014 standards and, in particular, test procedures over a 
base of millions, hundreds of thousands, or tens of thousands of units, 
a small business like FSI does not have this option.
    DOE has acknowledged the difficulties faced by both small 
manufacturers and the compact refrigeration industry dealing with 
standards. FSI falls into both categories and 90% of FSI's 
refrigeration business is restricted to compact classes. DOE reports 
that compact appliances only account for 2.5% of total energy consumed 
by all refrigeration products.\35\ FSI's assumption is that at least 
75% of that small number is consumed by college dormitory/office type 
products, meaning that less than 1% of total refrigeration energy use 
is consumed by ``specialty'' compact appliances, such as those listed 
in this petition. FSI's market share even in these small niche markets 
is quite limited. The appliances in this waiver application are a 
negligible part of that tiny subset and any energy consumption impacts 
from this waiver are highly de minimis at most. DOE recognizes the 
limited options available to compact appliance manufacturers, 
``[b]ecause of small production volumes, the impact of new standards on 
these manufacturers is relatively severe.''\36\ This is especially true 
ahead of DOE 2014 requirements, which mandate a 20% reduction of usage 
and few affordable alternatives for reducing energy consumption in 
niche appliances that meet consumer demand.
---------------------------------------------------------------------------

    \35\ See Federal Register Vol. 62 No. 81, Page 23111, April 28, 
1997.
    \36\ Id.
---------------------------------------------------------------------------

    FSI greatly appreciates DOE's prompt attention to this petition for 
waiver, to allow for proper planning and avoiding additional, 
unnecessary economic hardship and financial burdens on FSI. Design 
changes to existing models and new product introductions routinely take 
8 to 12 months for appliances. Without a prompt response to this 
petition for waiver, FSI cannot effectively plan its product line in a 
manner compliant with the new procedures and standards that take effect 
on September 15, 2014. For a small business manufacturer such as FSI, 
who specializes in niche product markets, uncertainty over test 
procedures will cause unnecessary costs without delivering any energy 
benefits or savings.
    DOE in its guidance on waivers commits to act promptly on waiver 
requests\37\.
---------------------------------------------------------------------------

    \37\ GC Enforcement Guidance on the Application of Waivers and 
on the Waiver Process Issued: December 23, 2010, see http://energy.gov/sites/prod/files/gcprod/documents/LargeCapacityRCW_guidance_122210.pdf
---------------------------------------------------------------------------

``First, the Department commits to act promptly on waiver requests 
and to update

[[Page 14698]]

its test procedures to address granted waivers going forward. 
Second, to prevent the administrative waiver process from delaying 
or deterring the introduction of novel, innovative products into the 
marketplace, the Department, as a matter of enforcement policy, will 
refrain from enforcement actions related to pending waiver 
---------------------------------------------------------------------------
requests''.

    FSI appreciates DOE's recognition of the need to act promptly on 
these waiver requests and hopes DOE will take such an approach in 
responding to this petition in a manner that does not impose additional 
economic burdens on FSI. The objective is to assure that all test 
procedures result in representative indication of a product's true 
energy consumption, without imposing unnecessary costs on small 
business appliance manufacturers such as FSI.

Conclusions

    The waiver process clearly is intended for situations where test 
procedures do not provide an accurate representation of actual energy 
consumption. FSI has demonstrated that the test procedures specified by 
DOE do not provide representative measure of the basic models in this 
waiver application, whose doors are opened and closed significantly 
less than typical household use.
    FSI has demonstrated that:
     The use of 90[deg]F is designed to simulate an average of 
40 to 50 door openings per day and, even at that level, may overstate 
energy usage;
     The models listed in this waiver application have their 
doors opened and closed infrequently, and certainly significantly less 
than the simulation average;
     An alternate test procedure is readily available 
consisting of testing the products at 70[deg]F or 72[deg]F, over a 24 
hour period, and holding all other test procedures in accordance with 
AHAM Procedures and 10 CFR Sec.  430, Subpart B, Appendix A;
     Failure to grant this waiver will cause severe economic 
hardship to FSI, and in some cases, will cause energy consumption to be 
higher than if the waiver were granted.

FSI respectfully requests DOE waive the test procedures for the 
products listed in the petition as these ``test procedures may evaluate 
[these product] . . . in a manner so unrepresentative of [their] true 
energy consumption characteristics . . . as to provide materially 
inaccurate comparative data.'' 10 C.F.R. Sec.  430.27. All of these 
basic units have materially different uses than the average products 
subject to the test procedures. The proposed alternative procedures 
will provide an accurate representation of actual energy use. For these 
reasons, FSI respectfully requests that DOE substitute our proposed 
test procedures and waive the test procedures at 10 CFR Sec.  430, 
Subpart B, Appendix A for FSI's beer coolers, assisted living 
refrigerator-freezers and hotel refrigerators.

Respectfully submitted,
Paul Storch, President
Summit Appliance Div. Felix Storch, Inc.
770 Garrison Ave. Bronx, NY 10474 USA
PH. 718-893-3900
FAX: 718-842-3093

[FR Doc. 2014-05778 Filed 3-14-14; 8:45 am]
BILLING CODE 6450-01-P
```