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

### RE: Petition/or Waiver ofTestProcedures in use currently 

### (10 CFR §430, subpart B, appendix Al) andproposed/orSeptember15, 2014 (10 CFR §430, SubpartB, AppendixA)pursuantto 10 CFR. § 430.27(a)(l)/orSummitbrandappliances as follows:

• Keg Beer Coolers (Models SBC590, SBC5900S, and SBC635M) • Assisted Living Refrigerator-freezers (Models ALBF44, ALBF68) • Hotel Refrigerators (Models HTL2 and HTL3) 

### INTRODUCTION The Department ofEnergy ("DOE") provides a waiver process for refrigeration products when "the prescribed [10 CFR §430, Subpart B, Appendix Al currently and the proposed 10 CFR §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 C

.F.R. §430.27. This petition seeks such a waiver for the above-referencedproducts

. 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 co king and laundr y appliance . Located in the South Bronx, New York, FSI employs approximately 150 individuals engaged in manufacturing, material handling, trucking, engineering, marketing, sales, shipping I rical services, and customer service. FSI, under the Summit brand nam e imports refrigerati n 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 of existing products in order to adapt these appliances for sale to special markets where few or no suitable products exist. The abovereferenced models are all either built ormodified 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 ofthe products during normal use. DOE 

## II Pagetest procedures for residential refrig ration (both the procedures in effect currently and the proposed procedures for 2014) requir e testing products at an ambient temperature of90°F. DOE selected that temperature (as opposed to a more normal 70°F ambient) to simulate the effects of door openings and closings; such actions are not performed during the testing. See 10 CFR §430.23(a)(l0) (The regulation explains, "[t]he intent ofthe energy test procedure is to simulate typical ro m conditions (approximately 70°F (21°C)) with door openings, by testing at 90°F (32.2°C) without door openings."). 1 However, the above-listed FSI products will be sold for uses where door openings 

### and closings are highly infrequent.2 All these products will consume far less energy during actual use than is measured by the existing and proposed testing procedures. FSI seeks a waiverfor the above-references products because: l) Testprocedures do not provide afairand accurate representation ofactual energy use; 2) The market size for each oftheseproducts is quite small; 3) The economic burden of complying with DOE standards in effect today, and the proposed standardsfor 2014, would place an undue economic burden on FSI; 4) There is an easily substi tuted alternate testprocedure for these models; 5) Withdrawing these products from the marketplace would greatly limit consumer choice, adverse.ly impact small business and in some cases, result in compelling customers to tumto larger or less energy efficientproducts that increase overall energy consumption. For these reasons, FSI respectfully requests a waiver, pursuant to 10 C.F.R. §430.27, of the test procedures for residential refrigerators provided in 10 CFR §430, Subpart B, Appendix A. 1. Models forwhich awaiveris requested. This waiverrequest applies to the following models:

• Keg Beer Coolers (Models SBC590, SBC5900S, and SBC635M) • Assisted Living Refrigerator-freezers (Models ALBF44, ALBF68) • Hotel Refrigerators (Models HTL2 and HTL3) All ofthese models are intended for uses distinct from the typical household use whereby the doors on theseproducts are seldom opened and closed.

1See 10 CFR 10 CFR §430.23(a)(10) (identifying 70°F as being representative oftypical room temperature). 2It is importantto note thatthe overwhelming majority ofcompactappliances old today fall inLo the categories ofdormitorytype oroffice type refrigerator-freezers. FSI could not find statistics on door openings for these products, but since these type ofunits would be shar d by multi1 le users, it is logical to assume theiruse would be similar to conventional refrigerat r as opposed to the special use models inthis waiverpetition. 21Pagc

### 2. Manufacturers ofotherbasic models marketed in the United States are known by FSI 

### to incorporatesimilardesign characteristics. Manufacturers ofotherbasic models marketed in the United States and known to FSI that incorporate similar design characteristics are included in Attachment A. 3. 

### Alternatetestprocedures areknown to FSI

### to evaluate accurately evaluate energy consumption ofthelisted 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 morerepresentative ofactual use. Testing the basic models listed in this petition at an ambient temperature of70°F or 72°F, rather than 90°F will measure energy consumption in a manner significantly more representative ofactual 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 §430.23(a)(l0) that "(t]he intent of the energy test procedure is to simulate typical room conditions (approximately 70°F (21°C)) with door openings, bytesting at 90°F (32.2°C) without door openings." DOEuses 90°F as a surrogate for running tests at typical ambient temperature to simulate the impact ofopening 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 ANSIAHAM HRF-1 (1979). 3
Several studies have attempted to validate this information. For example, one study showed that household refrigerators-freezers had a median of48 fresh-food d or openings and 10 freezer door openings per 24 hours.4 A study based on lhis number of door openings concluded that 90°F overstated energy consumption by 8.3% to 15.9%.5 Sever,tJ other studie corroborate these results.6 For example, a study by the Florida Solar**nergy** enter measured

3AmericanNationalStandardonHouseholdRefrigerators andHouseholdFreezers, ANSI/AHAM HRF-1-1979 at 51-52, available at: https://law.resource.org/pub/us/cfr/ibr/001/aham.HRF-1.1979.pdf. 4See Danny S. Parker & Ted C. Stedman, MeasuredElectricity Savings of Refrigerator Replacement: Ca ·e Study andAnalysis Florida SolarEnergy Center FSEC-PF-239-92 (1992) (citing Chang, Y.L., and R.A. Grot. 1979. Fieldperformance of residential refrigerators and combination refi·igerator-jl·eezers. NB IR 79-1781). 5James Y. Kao & George E. Kelly, FactorsAffectingthe Energy Consumption of Two Refrigerator-Freezers, SA-96-7-1 at 9 available at: http://fire.nist.gov/bfrlpubs/build96/PDF/b96070.pdf. 6See e.g., NIST Study (citing AlanMeierand Richard Jansky, FieldPerformance of Residential Refrigerators:A Comparison with the Laboratory Test, LBL-31795 UC 150 (May 1991) 3ll'Ggcdoor openings and closings in two person households and found an average of42 openings per day. 7
A National Institute of Standards ("NIST") study, commissioned by DOE, also demonstrated that when testing is performed at 90°F, as little as a 2 degree difference in ambient temperature can result in a dramatic difference in measured energy consumption. 8 Alan Meier, an associate American Society of Heating, Refrigerating and Air-Conditioning Engineers ("ASHRAE") member, conducted a more exhaustive study ofthis correlation and found that for two groups ofrefrigerators extensively monitored, actual energy use averaged 13% and 15% less than the results from the yellow Energy Guide (which is based on AHAM procedures).9 Mr. Meier reported that families typically open and close the doors oftheir refrigerators an average of50 times daily. The study observed, "[r]elatively modest ambient temperature variations led to 50% changes in energy use." 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 berepresentative ofan in-situ real worldrefrigeratorperformance IO 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[.]" II These studies provide olear evidence tbal when refrigerator doors are opened infrequently, t11e AHAM procedures using 90°Fas the ambienttemperature will v rstate energy c n umption.

available at: http://www.osti.gov/scitech/servlets/purl/6142295; Meier, A., et al. 1993; The New York refrigerator monitoringproject: final report. ReportNo. LBL-33708. Berkeley, California: Lawrence Berkeley Laboratory; KEMA-XENERGY, Inc., Final report measurementand evaluation study of 2002 statewide residentialappliance recyclingprogram, 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).) 7Danny S. Parker & Ted C. Stedman,MeasuredElectricitySavings of Refrigerator Replacement: Case Study andAnalysis, Florida SolarEnergy Center FSEC-PF-239-92 (1992). 8David A. Yashar, Repeatability of Energy Consumption TestResultsfor Compact Refrigerators, U.S. Dept. ofCommerce, Technology AdministrationNational Institute of Standards and Technology at 7-8, 14 (September2002), available at: http://fire.nist.gov/bfrlpubs/buildOO/PDF/b00055.pdf. 9Alan K. Meier, Fieldperformance of residential refrigerators, ASHRAE Journal 36-40 (August 1999). 10 P.K. Bansal, Studies on algorithm development for energyperformance testing:study2

- studyof algorithms for domestic refrigeration appliances, APEC#201-RE-Ol.1l at 19 (2001). 11 Jim Lutz, et al. How to make appliance standards work: improving the energy andwater efficiency testprocedures, Ernest Orlando Lawrence BerkeleyNational Laboratory for Assistant Secretaryfor Energy Efficiency and Renewable Energy, Office ofBuilding Technology, State and CommunityPrograms, ofthe U.S. Department ofEnergy, LBNL#4961Eat 1(2010). 

## 41 p ;1 g ('Most ofthese studies were done on typical household refrigerator-freezers. FSI found no comparable data for compact refrigerators or, more specifically, on any ofthe type ofproducts for which a waiver is sought in this petition. Indeed, DOE's own Technical Support Document, acknowledgedthat: "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 ofvolume

." 12
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 compactrefrigeratorused in a secondary application. FSI performed tests on four representative models ofrefrigerators and beer dispensers., running tests at average 72°F (room) temperature and at 90°F. For one set oftests FSI opened and closed the doors ofeach unit six times per test, which exceeds the frequency oftypical 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°F (room temperature) used over 40% less energy than when run at 90°F. The tests with doors closed had a weighted average of48% lower energy consumption than at 90°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.

12 U.S. Dept. ofEnergy, Preliminary Technical SupportDocument: EnergyEfficiencyProgram for ConsumerProducts: Refrigerators, Refrigerator-Freezers, andFreezers at 7-38 (Nov. 2009), available at: http://www1.eere.energy.gov/buildings/appliance

_standards/residential/pdfs/ref

_frz_prenopr _pre lim_tsd.pdf. 5IPageA summaryofthis datais presented in the following tables

. Table 1 Tests with appropriate door openings and closings Type No. tests Energy use at Energy use at ambient Percent 90°F With doors decrease opened/closed BeerDispenser 2 1.16 kWh/day 0.68 kWh/day 41% Hotel Refrigerator 4 1.04 kWh/day 0

.59 kWh/day 43% Assisted LivingUnit 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 Type No. Energy use at 90°F Energy use at ambient Percent tests kWh/day (no door openings) decrease BeerDispenser 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 LivingUnit 2 8 1.10 kWh/day 0.52 kWh/day 53%

DISCUSSION OF DOOR OPENINGS AND CLOSINGS FORTHE MODELS IN THIS WAIVERPETITION 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 ofcompact refrigerator-freezers sold for dormitory or office use, which are typically sharedby anumber ofusers.

1. Keg Beer Coolers [Models SBC590, SBC5900S, 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 inkegs 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 sta te 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 offthe electricity to the beer coolerwhile changingthe keg, for both safety and energy conservation.

61Puge2. Assisted Living Refrigerators [Models ALBF44, ALBF68] Refrigerators whose primary market is assisted living centers generally do not serve as a primary refrigerator. 13 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 ofresidents in two ofthese facilities done by FSI employees showed that fresh food doors were opened an average of4 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 ofan 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. 3. Ultra-CompactHotel 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. 14 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, ifat all, since hotel rooms are generally occupied primarily during sleeping hours and meals are ordinarily eaten outside the room, or delivered by room service. 15 In addition, these units will not be inuse whenthe hotel rooms are vacant. As demonstrated above, testing the basic model s in this waiver petition under the cmT nt and proposed test procedures would produce results that are ' unrepresentaLiv of its true energy consumption characteristics

. .. as to provide materially inaccurate comparative data." 10 C.F.R. §430.27.

13 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-andservices/assisted-living.aspx ("While services and amenities may very by location, Sunrise assisted senior living communities generallyprovide

... [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 typicallyprovide three meals a day). 14 Full sizerefrigerators used inhotel suites with kitchenettes or extended stay hotels are not part ofthe waiver application. 15 See AmericanHotel & Lodging Association, Eco-Friendly Case Studies, available at: http://www.ahla.com/Green.aspx?id=21756 (The Radisson Hotel Cleveland decided to unplug hotel roommini-refrigerators because "amajority ofhotel guests did not use them during their stay."). 71Pagc:Based on the informationpresented, FSI proposes the following modifications be made to the DOE testprocedures for the models named in this petition: 1. Beer dispensers (Models SBC590, SBC5900S and SBC635M); be tested at an ambient temperature of 70°F (per DOE's estimate of approximately 70° F as typical roomtemperature) with the doors closed; 2. Hotel and assisting living refrigerators (Models ALBF44, ALBF68, ALBF68, 1 ITL2 and HTL3) be tested at 72°F to account for the very small number ofdaily door openings (where 2°F is 10% ofthe difference between 70°F and 90°F and door openings ofthese products groups are no more than 10% ofthe typical household refrigerators); 3. The units be tested for 24 continuous hours after stabilization to account for any timers used inthe 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 ofscale. 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 largermodels. For example, in the case ofthe 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 ofthese compact products is often more appropriate for assisted living residents. Ifsuitably sized products are not available, facilities mightbe forced to remodel akitchenette 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 compTessor 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°F threshold and, therefore, may not be considered a refrigerator per the statutory definition. [See 10 C.F.

. §430.2 (defining an electric refrigera or as "a cabinet designed for the refrigerated storage offood designed to be capable ofachievingstorage temperatures above 32°F (0°C) and below 39°F (3

.9° ) and having a source ofrefrigeration 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.

8ll'ageECONOMIC BURDEN OF THE REGULATIONS ON SMALL BUSINESS IN GENERAL AND FSI INPARTICULAR 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 ofdollars. Foreign companies with appliance sales inthe billions ofdollars 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 appliancesthatrespond 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 refrigerat0r and freezer product line to comply with the new procedures. But in a number ofniche 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 ofFSI's manufacturing operations and are the driver ofjob 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 ofmillions, hundreds ofthousands, or tens ofthousands ofunits, a small business like FSI does nothavethis 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% oftotal energy consumed by all refrigeration products. 16 FSI's assumption is that at least 75% ofthat 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 froduction volumes, the impact of new standards on these manufacturers is relatively severe." 1 This is especially true ahead ofDOE 2014 requirements, which mandate a 20% reduction ofusage and few affordable alternatives for reducing energy consumptioninniche appliances thatmeet consumer demand.

16 

### See Federal RegisterVol. 62No. 81, Page 23111, April 28, 1997. 17 

### Id 91PagcCONCLUSIONS 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 ofthe basic models in this waiver application, whose doors are opened and closed significantly less than typical household use. FSI has demonstrated that:

• The use of90°F is designed to simulate an average of40 to 50 door openings per day and, even atthat level, may overstate energyusage; • 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 oftesting the products at 70°F or 72°F, over a 24 hour period, and holding all other test procedures in accordance with AHAM Procedures and 10 CFR §430, SubpartB, Appendix A and Appendix Al. • Failure to grant this waiver will cause severe economic hardship to FSI, a small business, and likely will cause switchto higher energy consuming replacement products. FSI respectfully requests DOE waive the test procedures for the products listed in the petition as these "testprocedures 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. §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 §430, Subpart B, Appendix A for FSI's beer coolers, assisted living refrigerator-freezers and hotel refrigerators. Respectfully submitted, 

# /'JA
Paul Storch, President SummitAppliance Div. Felix Storch, Inc. 770 Garrison Ave. Bronx, NY 10474 USA PH. 718-893-3900 FAX: 718-842-3093



### IOI Page

## ATTACHMENTA Companies with Products Similarto FSI
Automatic defrost orfrost free beer Refrigerators designed 4 to 6 c.f. frost-free coolers (excluding beer coolers that specifically for hotels refrigerators convertinto refrigerators) 

### Nostalgia Products Group LLC MinibarNorth 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 BeverlyRoad 13128 State Rt 226 1122 NWT Street Hoffman Estates, IL 60192 BigPrairie, OH 44611 Richmond, IN 47374 

### Avanti Products 10880NW 30th Street Miami, FL 33172


### Fisher & 

### PaykelAppliance USA HoldingsInc. 5900 Skylab Rd Huntington Beach, CA, 92647 USA

I I 

### II' ;1 i2 c