### January 31, 2013 BuildingTechnologies Program U.S. Department ofEnergy Test Procedure Waiver 1000 Independence Ave., SW Mailstop EE-2J Washington, DC 20585-0121 

### RE: Petitionfor WaiverofTestProceduresfor CommercialFreezers pursuantto 10 C.F.R. § 

### 431.401forbasicSummitmodels: SCF694, SCF695S, SCFI094, SCF1095S, SCF1494, SCF1495S, SCF1694, 

### SCF169SS, SCP1894, SCF1895S, SCF630, SCF940, SCF131O, and SF1710 INTRODUCTION Felix Storch, Inc. (PSI) is asmall business engaged in importing, manufacturing, and distributing appliances to niche markets in household, commercial, and medical as well as household and Located in the South New

This Petition for Waiver regards FSI's commercial ice-cream freezers that are designed to operate at significantly warmer temperatures than specified in the testing requirements for icecream freezers (-15 OF), as adopted by the Department ofEnergy (DOE) at 10 C.F.R. § 

### 431.64. FSI Freezers also have significantly greater volumes per unit oftotal display area (TDA) than 1other commercial freezers. This factor, which can increase significantly the space/volume refrigerated, must be considered in any representative test procedures for energy standards. As such, the current regulatory test procedures do not provide a fair and accurate representation of the energy use ofthe products listed below. For this reason, FSI respectfully requests a waiver ofthe test procedures provided for commercial refrigeration in 10 C.F.R. § 431 (2012). In the interim, until dne process on the petition is carried out, FSI is filing an Application for Interim Waiver to avoid economichardship that it might experience absent afavorable determination on its Application for Interim Waiver. 

### I. 

### Models for which a wavier is requested. This waiver request applies to the following models: SCF694, SCF695S, SCF1094, SCFI095S, SCF1494, SCFI495S, SCF1694, SCFI695S,SCF1894, SCF1895S, SCF630, SCF940, SCF13lO, and SFl710. Jointly, these models arc referred to throughout as "Freezers." These Freezers arc designed to operate at significantly higher temperatures than the temperature specified in applicable testing temperatures for ice-cream freezers (-15 OF) as adopted by the Department of Energy (DOE) at 10 C.F.R. § 431.64. The Freezers also have significantly greater volumes per unit than other commercial freezers; this is not accounted for adequately by the total display area (TDA) approach. Because ofthese factors, the current regulatory test procedures do not provide a fair and accurate representation ofthe energy use ofthese models. 

### H. Manufacturers ofothel· basic models marketed in the United States known by FSI to incorporate similardesign characteristics. The manufacturers ofother basic models marketed in the United States and known to the FSI to incorporate similar design characteristic(s) arc included in Attachment B. 

### HI.Theproscrihed test procedures evaluate FSI's models in a mannerso nnrepresentative oftheil- true energy consumption characteristics as to pmvide materially inaccurate compamtive data. The proscribed test procedures at 10 C.F.R. § 431.64 provide for an evaluation ofthe Freezers in 

### amanner so unrepresentative oftheir true energy consumption characteristics as to provide materially inaccurate comparative data. FSl's Freezers are not designed, constructed, orcapable ofmaintaining the -15 OF testing temperature required by DOEtest procedures. TheTDA-bascd formula in the testprocedures fails (0 account for the increased volume ofcertain freezers with variation in the depth ofcertain freezers. 

### A. FSl'sFreezers are not designed to operate at-15 OF, 

### and measuring the models' energy consumption while atthis temperature would provide data um-epl-esentative oftlteirtnlc energy consumption.

2The uniform test methods for measuring the energy consumption ofcommercial ice··cream freezers! require the measurementofdaily energy consumption while operating at
- 15 

### of. 10 C.F.R. §431.64(b)(2)(vii). FSI'sFreezers are not designed, constructed, orcapable of maintaining a - 15 °Ftemperature. FSI's Freezers, as confirmed by the manufacturers, are designed to operate at0 

### of (-18 0e).2 Testing FSI's Freezers at- 15 °F strains the compressor, forcing it to operate continuously in an uncharacteristic manner, leadingto inaccurate energy consnmption data of a Freezer intended to operate at 0 °F (-18 0e). Conseqnently, the current test procedures provide unrepresentative data by whichto assess FSI's Freezers in a fair and comparative manner. The Freezers are designed to maintain the frozen state 

### ofan already frozen product, nOl to lower the temperature ofnon-frozen products to the 0 OF to -5 °Foperating temperature. 

### B. 

### TheTDA·based formula thatDOE established to test commercial icc-cream freezers fails to account for a variance in freeze.' volume associated with depth. The formula that DOEemploys to determine the energy conservation standard for icc-cream freezers is based on the total display area (TDA) ofthe unit. 10 C.F.R. §§ 431.66(a)(3), (d)(I). This approach relies solely on the cross sectional area ofthe unit and h!ils to account for increased depth/volume ofcertain freezers, such as FSI's Freezers.' This additional capacity necessitates additional energy consumption to cool the larger, space. DOE's current approach, which is dependent on the TDA, penalizes freezers with greater depths by requiring them to meet the same efficiency requirements oflower volume models. The standards currently apply the same formula to freezers with different volumes. This results in such unrepresentative data of the Freezer's true energy consumption characteristics as to provide materially inaccurate comparative data. Consequently, FSIrequests that DOEgrant 

### a waiver from the test procedures for the measurement ofenergy consumption ofcommercial refrigerators, freezers, and refrigeratorfreezers at 10 C.F.R. § 431, in accordance with the proposed test procedures outlined in section 

### IV, below. 

### IV. Alternativeprocednres known to FSI

### to evaluatethe characteristics of

### the**Fn~ezers** 

### ill

### a manlier l'eprescntative oftheirenergy consumption.

1Technically, FSI's Freezers do not conform to DOE's definition of"ice-cream freezer." The regulations define "ice-cream freezer" as a "commercial freezer that is designed to operate at or below**~5** OF (-21°C) and that the manufacturer designs, markets, or intends for the storing, displaying, or dispensing oficc cream," 10 C.F.R. § 431.62. As mentioned above, FSI's Freezers are designed to operate at 0 OF (-.18 DC). They do nol meet the precise definition of**icc~crcam** freezers and instead mOre closely resemble the standard for low temperature (freezers) that specifies a 0 OF temperature [or testing. See Energy Conservation Program for Commercial and Industrial Equipment: Energy Conservation Standards for Commercial Icc-Cream Freezers; Self-Contained Commercial Refrigerators, Commercial Freezers, and Commercial Refrigerator-Freezers Without Doors; and Remote Condensing Commercial Refrigerators, Commercial Freezers, and Commercial Refrigerator Freezers, 74 Fed. Reg. 1,092, 1,104. Table IVA (Jan. 9, 2009) (10 be codified al10 C.F.R. pI. 431). 2 See Attachment A, certifications from the manufacturers thatthe Freezers are designed to operate at 0**~F** (-18 "C). J See Attachment C, a schematic ofFSI stcp bottom freezers with calculations. 3

### FSI has done extensive research and consultations with the manufacturer, including review ofthe ASHRAE and AHI standards. Based on information provided by the manufacturer, FSI recommends the following procedures to test the Freezers in a representative manner and in accordance with their design parameters: 1. 

### The test should be conducted at an average temperature 0[0 'F(-18°C)pursuant to manufacturerdesign specifications. 2. The requirement that the volume ofthe freezer be filled 80% with product should be modified to specify that all fill products must be pre-frozen to 0 of

### or colder. 3. To compensate for the depth and bottom contours ofthe freezer, the energy consumption measured should inclnde an adjustment factor to account for added depth/volume not reflected in the TDA. For example, SCF1094 could be multiplied by 72% to account for increased volume over flat bottom freezers and correspondent smaller volumes despite the same TDA. 4. 

### The freezer temperature should be stabilized to obselve compressor cycling before the test is initiated. 5. 

### Assure propercalculation ofTDA by the laboratory conducting the test procedures.4 

### A. 

### The tcst should be conducted atan average temperatureof0 OF (-18 

### °el pursuantto manufacturel' design specif1cations. DOE's use of-15 OF as a temperature test is not appropriate because the definition of"icc-cream freezer" is overly narrow. In its 2009 rulemaking adopting the energy conservation standards for commercial ice-cream freezers, DOE acknowledged that there are similar freezers for many different applications, including specificcabinets for the hardening ofice cream, which do need to operate at these colder temperatures.s DOE also acknowledged the differences between freezers intended to pull frozen products down to temperature and storage freezers, but chose ·15 OF as the temperature for all testing. However, freestanding cabinets from most ofthe manufacturers offree-standing commercial freezers operate at temperatures warmer than -15 OF. Designing for -15 OF would result in freezers with thicker walls and larger compressors. These design changes would result in retailers purchasing freezers ofa greater size (for afixed amount ofproduct), resulting in higher industry costs and overall greater use ofenergy. Additionally, ARI Standard 1200, 2006, which DOE frequently references in its rulemaking process, further supports the use ofatest temperature of0 OF. In its definition ofice-cream applications in Section 3.14.1, ARI specifies that the product temperature for ice-cream applications is 0.0 OF ±2 OF.(,

4See, e.g., Attachment D, a submittal on the TDA calculation from the manufacturer for model SCFI094
.

. 174 Fed. Reg. at 1,103. (I Air-Conditioning and Refrigeration Institute, STANDARD FOR PERFORMANCEOF COMMERCIAL REFRIGERATED DISPLAY MERCIlANIlISERS AND STORAGECABINETS: STANDARD 1200 3 (2006) ("Commercial Refrigerated Display Merchandisers and Storage Cabinets intended for Icc Cream Application shall have an Integrated Average Temperature ofall lcst package averages of0,0 OF ±2 OF ."). 4

### R Assure

### alilill material is 

### IJre-frozen to 

### 0 

### of to
- 5 

### of. The Freezers are designed for the storage ofalready frozen icc-cream al serving temperatures, primarily between 0 OF and -5 

### of. None ofthese Freezers 

### are designed to freeze products that are not already frozen. The use and care manual for the
_ freezers slates that "[t]he appliance is not suitable for freezing prodncts, but meant as a storage unit for pre-frozen products." As such, the requirement that the volume ofthe freezer be filled 80% with produCl should be modified to specify that all fill products must be pre-frozen to 

### 0 °F or colder. 

### C. Theformula, which relies solely 011 TDA, 

### should be adjusted to account for variations in freezer depths/volumes. The TDA-centricformula shonld be adjusted to account for varying freezer volumes. The formula used for setting maximum temperature usage for product class HCT-SC.l of0.56 X TDA

### +0.43 results inthe samepermissive usage ofenergy for any freezer with the same cross sectional display area, whether the freezers were shallow inside (as are some with flat bottoms) or extra deep (as are 

### all ofthose in this waiver petition). All self-contained horizontal storage freezers contain a compressor, which is generally mounted OIl one side ofthe freezer near the bottom. Some manufacturers place the inner "floor"

### ofthe freezer at a level flat across the top ofthe compressor housing. This is simpler and cheaper to manufacture because it requires only a rectangular inner cabinet. This construction has the same total display area as more expensive freezers that provide for a compressor step. Flat bottom freezers have a smaller volume, allowing for manufacture with smaller components, and thereby resulting in it lowerprice. All the FSI Freezers have a more expensive construction, which extends the interior to the floor (except for the compressor section). Because energy usage is a function ofoverall volume, rather'than top cross sectional area, it is reasonable to incorporate an adjustment factor to properly account for deeper, more voluminous freezers. While FS1, as it small business, is not in 

### a position to survey the entire industry, FSl can document, for example, that 28% ofthe volume ofthe SCFI094 Freezer is below the compressor height step. Itwould bejustified to apply an adjustment factor to account for the 28% higher energy usage for that model as compared to 

### a flat bottom freezer with the same TDAs. Under currentregulation both freezers are subjected to the same allowed maximum energy usage because the TDAs are the same. 

### D. Uefore initiating the test, stabilize the 

### tempcmtllrc and assnre properTDA application. The freezer temperature should be stabilized to observe compressor cycling before the test is initiated. All FSI Freezers are manually defrosted, and have IlO defrost cycle. Upon initial startup, the Freezers will run continuously until the inner liner, components, air, ancl contents are at the design temperature. The freezer will then cycle on and offto maintain the set point

7The interior schematic and basis for the calculation is shown in AHachmcnt C. 5temperature (default is 0 

### OF). Also, the test procedures should assure proper calculation ofTDA by the laboratory conducting the test procedures.8 

### CONCLUSIONS FSI respectfully requests DOE to waive the test procedures 

### for commercial icc-cream freezers in lieu ofa representative test as described above to provide a representative comparison ofenergy consumption. FSl's Freezers are not designed, constructed, or capable ofmaintaining the -15 of testing temperature required by DOE in the energy lest procedures for the measurement of energy consumption ofcommercial ice-cream freezers at 10 C.F.R. §431.64. FSl's Freezers are also designed to operate at a temperature higher than the temperature used by DOE to define commercial ice-cream freezers. Additionally, the current test procedures do not account for the wide variance in freezer volume. It is materially inaccurate to compare the energy consumption ofFSI's Freezers to other shallower models with the same TDA because FSI's models must refrigerate 28% more space. A more accurate test procedure would measure energy consumption in terms ofthe amount ofenergy used to refrigerate each cubic foot ofinterior space. For these reasons, FSI respectfully requests that DOEwaive the test procedures at 10 C.F.R. § 431.64 for FSl's Freezers. Respectfully submitted" 

# , /1 i 

# /J ;/**J~f** ' II / //- /' A ,/J ,.-;.»/ , 

# l ,A./ {.//

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

8 See, e.g., Attachment D, the TDA calculation from the manufacturer for' model SCFI094. 6

# ATTACHMENTA

7Mr. David Case US. D.O.E. Washington, DC

The following**,~.,r10dels,** built by us in""
..**"~",,,_,,,,,,.Jor** Felix**Sto~ch)** Inc all arc**~csjgned** to . operate within flTh-range of0 degrees F to -5 degrees i< and are deslgned only to display prcHchIiled contents: SCF694 1SCF6958 SCFI0941SCFI095S SCFI4941 SCF1495S SCF16941 SCF16958 8CF1894 18CFI8958
BestregardsMr. David Case US. D.O.E. Washington, DC

SCF glass lid freea:ers**D~t('** 31/01/13

The following modoIs, built by**,~.~.~.~. ~~~~.~.** **~.Ii** ..Ii

...Im."

Jor Felix S!orch, Inc all are designed to operate within the range of+5'aegreesrlO'-":'5'd&Jreesf and are designed only 10 display pre-chilled contents: SCF630 SCF940 SCF1310 SCF1710

Yours f¢:hfully /J



## '"

# ATTACHMENT B

10

### Manufacturers ofDomestically Marketed Units ofthe Same ProductType

Turbo Air 1250 Victoria Street Carson CA90746

Model TGF-9

Dclfield (division ofManitowoc) 980 S. Isabella Road ML PLeasant, Ml48858

Model N227

Alias Metal Products 1135 N.W. 159th Drive Miami,FL33169

Models WDG-2 and WDF-3
Kysor-Warren Division Heatcraft Worldwide Refrigeration 5201 Transport Boulevard Columbus, GA 31907

11Model LOlDe

Electrolux Home Products PO Box 212378 Augusta, GA 30917
Frigidaire FCCG Series glass lid commercial freezers

True Manufacturing 200l East Terra Lane O'Fallon, MO 63366

TFM series

Mastcrbilt 908 Highway 15 N. New Albany, MS 38652

TOM8



### 12

# ATTACHMENT C

13

# ------------------------------------------------------

SLIDING GLASSLID COMMERCIALFREEZERS



# c

I I 

# I I I I IE I I FRONT VIEW B 

# -1-- i::i::i::i::i::i:: _LLLLLL A LLL_LLL LLLLLL LLLLLL 

# I i::i::i::i::i::

## l~~L**_L~@~---------------~~@~**

A: HEIGHT OF COMPRESSORSTEP: B: WIDTIIOFCOMl'RESSORsmp: C: HEIGHTTO LOAD LINE: D: INTElUORWIDlTI SCF630 SCF94() St."'P131O SCF17l0 9'1/8 INCrlE9 8 114lNClillS 23 5/8 INCHES
24 112 INCHES 32 1/4**JNCm~S** 455/8 !Nelms 57 112lNCHBS E: INTERIORDEPTII OF ALL UNrrS 19 7/BINCHE."l EXTERIORHErGlnOFALLMODELS 35 1I4INCHES

DATE: JUNFJ18/08 MODELNO. SCF630 TO SCFI7IO TYPE: SLIDING GLASS TOl' FREEZER

# ~ FELIX STORCH INC www.summitappliance.com (718) 893-3900

14

# ATTACHMENT D

15

# A ,(·('1' 

# . ,,\. \ 

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### '2 I' co.. C; ""(' ,

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### 3;L i'?2. 

### x'

16Model Capacity (cu ft.) A (Inch.) B (inch.) 

### C(inch.) D(inch.) E(inch.) F(inch.) G (inch.) H(inch.) J (inch.) L(inch.) Castors Lock Baskets

1 

### L Ii 

## -

- e= 

# -- Summit Flat Glass lid FreezerSeries

SCF694 SCF1094 SCF1494**~69~**

### ___

### ~~~1~~ 7.40 10.70 1.3.80 15.50**20:Q~** 

## -- -**~-"-** 

### 28.50 41.50 51.34 59.21 67.09 25.75 25.75 25.75**2~~** ___**2~~** 

### 36.06 36.06 36.06 36.06 36.06 30.71 30.71 30,71**30'2~** 

### -.-. 30,71



### -

. __**23.~~_** 

### 36,85 46,69 54,57 62.44 

### 1--_15,98 28,98 38,82 46,69 54.57 21,10 21.10 21.10 21.10 21,10



### - 29,53 29,53 29,53 29,53 29.53



## - 19,69 19,69 19,69 19,69 19,69



## - 33.31 33.31 33,31 33,31 33,31 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes ]. 

### 1 2 2 2

,n
0:\.,



### •

.. ;

17