January 31, 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 for Commercial Freezers 

pursuant to 10 C.F.R. § 431.401 for basic Summit models: 

SCF694, SCF695S, SCFI094, SCF1095S, SCF1494, SCF1495S, 

SCF1694, SCF169SS, SCP1894, SCF1895S, SCF630, SCF940, 

SCF131O, and SF1710 

INTRODUCTION 

Felix Storch, Inc. (PSI) is a small 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 of Energy (DOE) at 10 C.F.R. § 431.64. 

FSI Freezers also have significantly greater volumes per unit of total display area (TDA) than 

1 
other 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 of the products listed below. For this reason, FSI respectfully requests a waiver 

of the 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 economic hardship that it might experience absent a favorable 

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 of these factors, the current regulatory test procedures do not provide 

a fair and accurate representation of the energy use of these models. 

H. Manufacturers of othel· basic models marketed in the United States known by FSI 

to incorporate similar design characteristics. 

The manufacturers of other basic models marketed in the United States and known to the FSI to 

incorporate similar design characteristic(s) arc included in Attachment B. 

HI. The proscrihed test procedures evaluate FSI's models in a manner so 

nnrepresentative of theil- 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 of the Freezers in 

a manner so unrepresentative of their true energy consumption characteristics as to provide 

materially inaccurate comparative data. FSl's Freezers are not designed, constructed, or capable 

of maintaining the -15 OF testing temperature required by DOE test procedures. The TDA-bascd 

formula in the test procedures fails (0 account for the increased volume of certain freezers with 

variation in the depth of certain freezers. 

A. FSl's Freezers are not designed to operate at -15 OF, and measuring the models' 

energy consumption while at this temperature would provide data um-epl-esentative 

oftlteir tnlc energy consumption. 

2 
The uniform test methods for measuring the energy consumption of commercial ice··cream 

freezers! require the measurement of daily energy consumption while operating at - 15 of. 10 

C.F.R. §431.64(b)(2)(vii). FSI's Freezers are not designed, constructed, or capable of 

maintaining a - 15 °F temperature. FSI's Freezers, as confirmed by the manufacturers, are 

designed to operate at 0 of (-18 0e).2 

Testing FSI's Freezers at- 15 ° F strains the compressor, forcing it to operate continuously in an 

uncharacteristic manner, leading to inaccurate energy consnmption data of a Freezer intended to 

operate at 0 °F (-18 0e). Conseqnently, the current test procedures provide unrepresentative data 

by which to assess FSI's Freezers in a fair and comparative manner. 

The Freezers are designed to maintain the frozen state of an already frozen product, nOl to lower 

the temperature of non-frozen products to the 0 OF to -5 °F operating temperature. 

B. The TDA·based formula that DOE established to test commercial icc-cream 

freezers fails to account for a variance in freeze.' volume associated with depth. 

The formula that DOE employs to determine the energy conservation standard for icc-cream 

freezers is based on the total display area (TDA) of the unit. 10 C.F.R. §§ 431.66(a)(3), (d)(I). 

This approach relies solely on the cross sectional area of the unit and h!ils to account for 

increased depth/volume of certain 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 of lower 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, FSI requests that DOE grant a waiver from the test procedures for the 

measurement of energy consumption of commercial refrigerators, freezers, and refrigeratorfreezers at 10 C.F.R. § 431, in accordance with the proposed test procedures outlined in section 

IV, below. 

IV. Alternative procednres known to FSI to evaluate the characteristics of the Fn~ezers 

ill a manlier l'eprescntative of their energy consumption. 

1 Technically, 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 of icc 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 that the Freezers are designed to operate at 0 ~F (-18 

"C). 

J See Attachment C, a schematic of FSI stcp bottom freezers with calculations. 

3 
FSI has done extensive research and consultations with the manufacturer, including review of the 

ASH RAE 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 

manufacturer design specifications. 

2. The requirement that the volume of the 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 of the 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 proper calculation of TDA by the laboratory conducting the test procedures.4 

A. The tcst should be conducted at an average temperature of 0 OF (-18 °el 

pursuant to 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 specific cabinets for the hardening of ice 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 of the 

manufacturers of free-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 of a greater size (for a fixed amount 

of product), resulting in higher industry costs and overall greater use of energy. 

Additionally, ARI Standard 1200, 2006, which DOE frequently references in its rulemaking 

process, further supports the use of a test temperature of 0 OF. In its definition of ice-cream 

applications in Section 3.14.1, ARI specifies that the product temperature for ice-cream 

applications is 0.0 OF ±2 OF. (, 

4 See, 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 PERFORMANCE OF COMMERCIAL REFRIGERATED 

DISPLAY MERCIlANIlISERS AND STORAGE CABINETS: STANDARD 1200 3 (2006) ("Commercial Refrigerated Display 

Merchandisers and Storage Cabinets intended for Icc Cream Application shall have an Integrated Average 

Temperature of all lcst package averages of 0,0 OF ± 2 OF ."). 

4 
R Assure alilill material is IJre-frozen to 0 of to - 5 of. 

The Freezers are designed for the storage of already frozen icc-cream al serving temperatures, 

primarily between 0 OF and -5 of. None of these 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 of the 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. The formula, which relies solely 011 TDA, should be adjusted to account for 

variations in freezer depths/volumes. 

The TDA-centric formula shonld be adjusted to account for varying freezer volumes. The 

formula used for setting maximum temperature usage for product class HCT-SC.l of 0.56 X 

TDA + 0.43 results in the same permissive usage of energy 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 of those in this waiver petition). 

All self-contained horizontal storage freezers contain a compressor, which is generally mounted 

OIl one side of the freezer near the bottom. Some manufacturers place the inner "floor" of the 

freezer at a level flat across the top of the 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 lower price. 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 of overall 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% of the volume of the SCFI094 Freezer is below the 

compressor height step. It would be justified 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 current regulation 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 proper TDA 

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 off to maintain the set point 

7 The interior schematic and basis for the calculation is shown in AHachmcnt C. 

5 
temperature (default is 0 OF). Also, the test procedures should assure proper calculation of TDA 

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 of a representative test as described above to provide a representative comparison of energy 

consumption. FSl's Freezers are not designed, constructed, or capable of maintaining the -15 of 

testing temperature required by DOE in the energy lest procedures for the measurement of 

energy consumption of commercial 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 

of FSI'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 of the amount of energy used to refrigerate each cubic foot of interior space. For these 

reasons, FSI respectfully requests that DOE waive 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 

Summit Appliance 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 
ATTACHMENT A 

7 
Mr. 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 of 0 degrees F to -5 degrees i< and are deslgned only to display prcHchIiled 

contents: 

SCF694 1 SCF6958 

SCFI094 1 SCFI095S 

SCFI4941 SCF1495S 

SCF16941 SCF16958 

8CF1894 1 8CFI8958 

Best regards 
Mr. David Case 

US. D.O.E. 

Washington, DC 

SCF glass lid freea:ers 

D~t(' 

31/01/13 

The following modo Is, built by ,~.~.~.~. ~~~~.~. ~.Ii .. Ii ... Im." Jor Felix S!orch, Inc all are designed to 

operate within the range of +5 'aegreesrlO'-":'5'd&Jrees f and are designed only 10 display pre-chilled 

contents: 

SCF630 

SCF940 

SCF1310 

SCF1710 

Yours f¢:hfully /J 

'" 
ATTACHMENT B 

10 
Manufacturers of Domestically Marketed Units of the Same Product Type 

Turbo Air 

1250 Victoria Street 

Carson CA 90746 

Model TGF-9 

Dclfield (division of Manitowoc) 

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 

11 
Model 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 GLASS LID COMMERCIAL FREEZERS 

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 I LLLLLL 

i:: i:: i:: i:: i:: l~~L 

_L~@~---------------~~@~ 

A: HEIGHT OF COMPRESSOR STEP: 

B: WIDTII OF COMl'RESSOR smp: 

C: HEIGHT TO LOAD LINE: 

D: INTElUOR WIDlTI 

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/B INCHE."l 

EXTERIOR HErGln OF ALL MODELS 35 1I4 INCHES 

DATE: JUNFJ18/08 

MODEL NO. 

SCF630 TO SCFI7IO 

TYPE: SLIDING GLASS 

TOl' FREEZER 

FELIX 

~ STORCH INC 

www.summitappliance.com 

(718) 893-3900 

14 
ATTACHMENT D 

15 
A . ,(·('1' ,,\. \ 

F xH l ~j ,. (t .... F) *: :1' i; G 

., ,'" 'j a' '. I ' '1" 7 " ~ "',? t" I ~,(',.'" ",' '1!, i ,!. (," .';«, 1" ).'1 I~_d X X. ' i /" I II ,t.-

, 

/

' , . "f·ur:: f\ 

F X ( Ii -:::r) ~ (CCJ 

'2 I' co.. C; ""(' , ".··',6 ;<. ',,),"/, "U,I 

:~ </0' u 

). I 3 ;L 

i '? 2. x' 

16 
Model 

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 Freezer Series 

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