December 17, 2013 BuildingTechnologiesProgram U.S. Department ofEnergy TestProcedure Waiver 1000 Independence Ave., SW MailstopEE-2J Washington, DC 20585-0121
RE: 

### Petition/or Waiver ofTestProceduresproposed/orSeptember 15, 2014 (10 CFR §430, SubpartB, Appendix

### A)pursuantto 10 CFR. §

### 430.27(a)(l)forSummitbrand appliances asfollows:

• Keg BeerCoolers (Models SBC490B and SBC570R); • AssistedLiving Refrigerators (Models FF71TB, FF73, FF74, AL650R, ALB651BR, AL652BR, ALB653BR, CT66RADA, CT67RADA, AL750R, ALB751R, AL752BR, and ALB753LBR); and • Ultra-Compact, Hotel Refrigerators (Models FF28LH, FF29BKH, FFAR2lH, and FFAR2H). 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 I0 CFR §430, Subpart B, Appendix A] test procedures may evaluate [aproduct]

... 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-referenced products from 2014 and forward test procedures for residential refrigerators providedin 10 CFR §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 abovereferenced models are all eitherbuilt ormodified in ourBronx facility. 

### lJPagcDOE'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 test procedures for residential refrigeration (both the procedures in effect currently and the proposed procedures for 2014) require 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)(10) (The regulation explains, "[t]he intent ofthe energy test procedure is to simulate typical room 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 waiver for the above-references products because: 1) Testprocedures do notprovide a fair and accurate representation ofactual energy use; 2) The market size for each ofthese products is quite small; 3) The economic burden of complying with DOE standards in effect today, and the proposed standards for 2014, wouldplace an undue economic burden on FSI; 4) There is an easily substituted alternate testprocedure 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 turnto 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 awaiver is requested. This waiverrequest appliesto the following models:

• KegBeer 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).

1

### See 10 CFR 10 CFR §430.23(a)(l0) (identifying 70°F as being representative oftypical room temperature). 2It is importantto note thatthe overwhelming majority ofcompact appliances sold today fall into the categories ofdormitorytype orofficetype refrigerator-freezers. FSI could not find statistics ondoor openings for these products, but since thesetypes ofunits would be shared by multiple users, it is logical to assumetheiruse wouldbe similarto conventional refrigerators, as opposed to the special use models inthis waiverpetition. 21PageAll ofthese models are intended for uses distinct from the typical household use whereby the doors onthese products are seldom opened and closed.

2. Manufacturers ofother basic models marketed in the United States are known by FSI to incorporate similardesign characteristics. Manufacturers ofotherbasic 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 ofthe listed basic models. FSI has extensive data that demonstrates that a single change to the test procedure will resultinmeasuring energy consumptionin amanner far more representative ofactual use. Testing the basic models listed inthis petition at an ambienttemperature 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 proposedfor implementation on September 15, 2014.
BACKGROUND DOE acknowledges in 10 CFR §430.23(a)(10) 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." DOE uses 90°F as a surrogate for running tests at typical ambient temperature to simulate the impact ofopening and closingTefrigerator 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 door openings and 10 freezer door openings per 24 hours.4 A study based on this number of door openings

3AmericanNationalStandardon HouseholdRefrigerators 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. 4 See Danny S. Parker & Ted C. Stedman, MeasuredElectricitySavings of Refrigerator Replacement: Case Study andAnalysis, Florida SolarEnergy CenterFSEC-PF-239-92 (l992) (citing Chang, Y.L., and R.A. Grot. 1979. Fieldperformance of residential refrigerators and combination refrigerator-freezers. NBSIR79-1781). 31Pageconcluded that goop overstated energy consumption by 8.3% to 15.g%.5 Several other studies corroborate these results.6 For example, a study by the Florida Solar Energy Center measured door 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 whentesting is performed at go°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 inenergy use." Another study byP.K. Bansal, also anASHRAE 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 couldberepresentative ofanin-situreal worldrefrigeratorperformance 10
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[.]" 11

5James Y. Kao & George E. Kelly, FactorsAffectingthe Energy Consumption of Two Refrigerator-Freezers, SA-g6-7-1 at gavailable at: http://fire.nist.gov/bfrlpubs/buildg6/PDF /bg6070.pdf. 6See e.g., NIST Study (citingAlanMeier and Richard Jansky, FieldPerformance of Residential Refrigerators:A Comparison with the Laboratory Test, LBL-317g5 UC 150 (May 1991) available at: http://www.osti.gov/scitech/servlets/purl/61422g5; Meier, A., et al. 1993; The New Yorkrefrigeratormonitoring project: final report. ReportNo. LBL-33708. Berkeley, California: Lawrence Berkeley Laboratory; KEMA-XENERGY, Inc., Final reportmeasurementand 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. 1gg5. Energy consumptiontesting of innovativerefrigerator-freezer.ASHRAE Transactions 101(2).) 7Danny S. Parker & Ted C. Stedman,MeasuredElectricitySavings of Refrigerator Replacement: Case Study andAnalysis, Florida SolarEnergy CenterFSEC-PF-23g_g2 (19g2). 8DavidA. Yashar, Repeatability of Energy Consumption TestResultsfor CompactRefrigerators, U.S. Dept. ofCommerce, Technology AdministrationNational Institute ofStandards and Technology at 7-8, 14 (September2002), available at: http://fire.nist.gov/bfrlpubs/buildOO/PDF/bOOO55.pdf. 9AlanK. Meier, Fieldperformance of residential refrigerators, ASHRAE Journal 36-40 (August 1ggg). 10 P.K. Bansal, Studies on algorithm development for energyperformance testing: study 2

- studyof algorithms for domestic refrigeration appliances, APEC#201-RE-Ol.llat 19 (2001). 41PageThese studies provide clear evidence thatwhen refrigerator doors are opened infrequently, the AHAM procedures using 90°F as the ambienttemperature will overstate energy consumption.
All 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 is the same as the maximum energy use allowed bythe 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 ina 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 (roomtemperature) used over40% 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.

11 JimLutz, etal. How to make appliance standards work: improvingthe energyandwater efficiency testprocedures, Ernest Orlando Lawrence BerkeleyNational Laboratory for Assistant Secretaryfor EnergyEfficiency and Renewable Energy, Office ofBuilding Technology, State and CommunityPrograms, ofthe U.S. DepartmentofEnergy, LBNL#4961E at 1(2010). 12 U.S. Dept. ofEnergy, Preliminary Technical SupportDocument: EnergyEfficiencyProgram for ConsumerProducts: Refrigerators, Refrigerator-Freezers, andFreezers at 7-38 (Nov. 2009), available at: http://wwwl.eere.energy.gov /buildings/appliance_standards/residential/pdfs/ref_ frz_prenopr _pre lim_tsd.pdf. 

## SI PageA summary ofthis datais presentedinthe following tables. Table 1 Testswith appropriate dooropenings and closings Type No. tests Energyuse 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 1.04kWh/day 0.59 kWh/day 43% Assisted LivingUnit 1 3 0.91 kWh/day 0.51 kWh/day 44% Assisted LivingUnit2 6 1.10kWh/day 0.55 kWh/day 50%
Table2 Testswith doors closed Type No. Energyuse 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 LivingUnit 1 6 0.91 kWh/day 0.49 kWh/day 46% Assisted LivingUnit2 8 1.10kWh/day 0.52 kWh/day 53%

DISCUSSION OFDOOROPENINGSAND CLOSINGSFORTHEMODELS 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 shared by a number ofusers. 1. KegBeerCoolers [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 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 state conditions. The products in this waiver petition do not have shelves and are designed to store beerkegs only. Furthermore, use and care guides normally advise to turn offthe electricity to the beercoolerwhile changingthe keg, for both safety and energy conservation.



### 61Pagc2. 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. 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 comparedto the 15 to 25 cubic feet typically found in homes or apartments. 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. 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 doorto these units infrequently, ifat all, since hotel rooms are generally occupied primarily during sleeping hours and meals are ordinarily eaten outsidetheroom, or delivered by room service. 15 In addition, these units will not be inuse whenthe hotel rooms are vacant.

13 Assisted living facilities generally include meals as a standard feature. See e.g. Sunrise Senior Living, AssistedLiving available at: http://www.sunriseseniorliving.com/care-andservices/assisted-living.aspx (":While services and amenities may vary by location, Sunrise assisted seniorliving 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 typicallyprovidethree meals a day). 14 Full size refrigerators 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."). 71Pac.e

,,_,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 consumptioncharacteristics

... as to provide materially inaccurate comparative data." 10 C.F.R. §430.27. Based onthe informationpresented, PSI proposes the following modifications be made to theDOEtestprocedures for the models named inthis petition:

1. Beer dispensers (Models SBC490B and SBC570R); be tested at an ambient temperature of70°F (per DOE's estimate ofapproximately 70° Fas typical room-temperature) with the doors closed; 2. Hotel and assisting livingrefrigerators (Models FF71TB, FF73, FF74, AL650R, ALB651BR, AL652BR, ALB653BR, CT66RADA, CT67RADA, AL750R, ALB751R, AL752BR, ALB753LBR. FF28LH, FF29BKII, FFAR21H, and FFAR2ll) be tested at 72°F to account for the very small number ofdaily door openings (where 2°F is 10% of the difference between70°F and 90°F and door openings ofthese products groups are no morethan 10% ofthe typical householdrefrigerators); 3. The units be tested for 24 continuous hours after stabilization to account for any timers used inthe assisted living andhotel refrigerators; and 4. All other test procedures be conducted in accordance with AHAM and DOE test procedures for residential refrigerators. ADDITIONAL ARGUMENTS FORGRANTING 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 allowingproducts that address certain size or use needs to market will have the unintended consequences of substantially reducing consumer choice and driving energy consumptionup through a switchto 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 arefrigeratorneeds 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 allowthem to reach the 39°F threshold and, therefore, may not be considered a refrigerator per the statutory definition. [See 10 C.F.C. §430.2 (defining an electric refrigerator as "a cabinet designed for the refrigerated storage offood, designed to be capable ofachieving storage temperatures above 32°F (0°C) and below 39°F (3.9°C), and having a source ofrefrigeration requiring single phase, alternating current electric energy input only.")). 8IPagc

### 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 excludedproducts. ECONOMIC 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 inthe billions ofdollars. Foreign companies with appliance sales in the 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 appliances thatrespond 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 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 onFSI, 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 nothave this option. DOE has acknowledged the difficulties faced by both small manufacturers and the compactrefrigeration industry dealing with standards. FSI falls into both categories and 90% of FSl'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 ofthat 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 ofnew 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 consumption inniche appliances thatmeet consumer demand.

16 See 

### Federal RegisterVol. 62 No. 81, Page 23111, April 28, 1997. 11 

### Id. 91Page

### 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 apromptresponse 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 energybenefits or savings. DOE inits guidance onwaivers commits to actpromptly on waiverrequests 18

. 

### "First, the Department commits to act promptly on waiver requests and to update 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 relatedto pending waiver requests". FSI appreciates DOE's recognition ofthe 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 ofthe basic models in this waiver application, whose doors are opened and closed significantly less than typical household use. FSI has demonstratedthat:

• The use of90°F is designed to simulate an average of40 to 50 door openings per day and, even atthat level, may overstate energy usage; • The models listed in this waiver application have their doors opened and closed infrequently, and certainly significantly lessthanthe 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; • Failure to grant this waiver will cause severe economic hardship to FSI, and in some cases, will cause energy consumptionto be higherthan ifthe waiver were granted.

18 GC Enforcement Guidance onthe Application ofWaivers and on the Waiver Process Issued: December23, 2010, see http:/!energy.gov/sites/prod/files/gcprod/documents/LargeCapacityRCW _guidance_122210.pdf lOIPageFSI respectfully requests DOE waive the testprocedures for the products listed in the petition as these "testprocedures may evaluate [these product]

...in amanner so umepresentative 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. 

# Respec/JA

Paul Storch, President SummitAppliance Div. Felix Storch, Inc. 770 GarrisonAve. Bronx,NY 10474 USA PH. 718-893-3900 FAX: 718-842-3093

lljPagc

## ATTACHMENT A Companies withProducts Similarto FSI
Automatic defrost orfrost free beer Refrigerators designed 4 to 6 c.f. frost-free coolers (excludingbeercoolers that specifically for hotels refrigerators convertinto refrigerators) Nostalgia Products Group LLC MinibarNorth America Avanti Products 1471 Partnership Dr 7340 Westmore Road 10880NW 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 HoffmanEstates, IL 60192 BigPrairie, OH 44611 Richmond, IN4737 4
Avan tiProducts 10880 NW 30th Street Miami, FL 33172
Fisher

### & PaykelApplianceUSA Holdings Inc. 5900 Skylab Rd HuntingtonBeach, CA, 92647 USA

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