[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 40011-40025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17188]
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DEPARTMENT OF ENERGY
[Case No. CAC-050]
Notice of Petition for Waiver of Johnson Controls, Inc. From the
Department of Energy Central Air Conditioners and Heat Pumps Test
Procedure, and Notice of Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, grant of an interim waiver, and
request for comments.
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SUMMARY: This notice announces receipt of and publishes a petition for
waiver from Johnson Controls, Inc. (JCI) seeking an exemption from the
U.S. Department of Energy (DOE) test procedure for determining the
efficiency of central air conditioners and heat pumps. JCI seeks to use
an alternate test procedure to address issues involved in testing
certain basic models identified in its amended petition. According to
JCI, testing the basic models of the central air conditioners listed in
its amended petition as outdoor units with no match will overstate
their energy usage as they will be rated using default indoor unit
parameters that are representative of an old, inefficient indoor unit.
JCI seeks to use an alternate test procedure to test and rate the basic
models listed in its amended petition as matched systems. JCI proposes
to waive the DOE test procedure requirement to test these basic models
as outdoor units with no match and instead, test these basic models as
matched systems. This notice also announces that DOE grants JCI an
interim waiver from the DOE central air conditioners and heat pumps
test procedure for its specified basic models, subject to use of the
alternative test procedure as set forth in the Order. DOE solicits
comments, data, and information concerning JCI's amended petition and
its suggested alternate test procedure.
DATES: DOE will accept comments, data, and information with respect to
the JCI Petition until September 12, 2018.
ADDRESSES: You may submit comments, identified by case number ``CAC-
050'' and Docket number ``EERE-2017-BT-WAV-0039,'' by any of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include the case number
CAC-050 in the subject line of the message. Submit electronic comments
in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid
the use of special characters or any form of encryption.
Postal Mail: U.S. Department of Energy, Building
Technologies Office, Mailstop EE-5B, Petition for Waiver Case No CAC-
050, 1000 Independence Avenue SW, Washington, DC 20585-0121. If
possible, please submit all items on a compact disc (CD), in which case
it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at http://www.regulations.gov. All documents in the docket are
listed in the http://www.regulations.gov index. However, some documents
listed in the index, such as those containing information that is
exempt from public disclosure, may not be publicly available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0039. The docket web page will contain simple
instruction on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Mr. Pete Cochran, U.S. Department of
Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal
Building, 1000 Independence Avenue SW, Washington, DC 20585-0103.
Telephone: (202) 586-9496. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified)
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which includes central air conditioners and heat
pumps.\2\ Part B includes definitions, test procedures, labeling
provisions, energy conservation standards, and the authority to require
information and reports from manufacturers. Further, Part B requires
the Secretary of Energy to prescribe test procedures that are
reasonably designed to produce results that measure energy efficiency,
energy use, or estimated operating costs during a representative
average-use cycle, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for central air conditioners and
heat pumps is contained in 10 CFR part 430, subpart B, appendix M
(referred to in this notice as ``appendix M'').
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the EPS Improvement Act of 2017, Public Law 11-
115 (January 12, 2018).
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DOE's regulations set forth at 10 CFR 430.27 contain provisions
that allow a person to seek a waiver from the test procedure
requirements for a particular basic model of a covered product when the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that either (1)
prevent testing according to the prescribed test procedure, or (2)
cause the prescribed test procedures to evaluate the basic model in a
manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 430.27(a)(1). A petitioner must include in its petition any
alternate test procedures known to the petitioner to evaluate the basic
model in a manner representative of its energy consumption. 10 CFR
430.27(b)(1)(iii).
DOE may grant a waiver subject to conditions, including adherence
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as
practicable after the granting of any waiver, DOE will publish in the
Federal Register a notice of proposed rulemaking to amend its
regulations so as to eliminate any need for the continuation of such
waiver. As soon thereafter as practicable, DOE will publish in the
Federal Register a final rule. 10 CFR 430.27(l).
The regulations governing the waiver process also allow DOE to
grant an
[[Page 40012]]
interim waiver if it appears likely that the petition for waiver will
be granted or if DOE determines that it would be desirable for public
policy reasons to grant immediate relief pending a determination on the
petition for waiver. 10 CFR 430.27(e)(2). Within one year of issuance
of an interim waiver, DOE will either: (i) Publish in the Federal
Register a determination on the petition for waiver; or (ii) publish in
the Federal Register a new or amended test procedure that addresses the
issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends
the test procedure to address the issues presented in a waiver, the
waiver will automatically terminate on the date on which use of that
test procedure is required to demonstrate compliance. 10 CFR
430.27(h)(2).
II. JCI's Petition for Waiver of Test Procedure and Application for
Interim Waiver
On April 6, 2017, JCI filed a petition for waiver and an
application for interim waiver from the CAC and HP test procedure set
forth in 10 CFR part 430, subpart B, appendix M. JCI filed an amended
petition for waiver and application for interim waiver on June 5, 2018.
According to JCI, the basic models listed in its amended petition \3\
are offered as new, matched systems and testing them as outdoor units
with no match (as required by the DOE test procedure) will overstate
their energy usage. Energy usage for these models will be overstated
because these R-407C outdoor units will be rated using default indoor
unit parameters that approximate the performance of an old, previously
installed indoor unit. JCI seeks to use an alternate test procedure to
test and rate the basic models listed in its amended petition. JCI
proposes to waive the DOE test procedure requirement to test these
basic models as outdoor units with no match and instead, test these
basic models as matched systems in accordance with 10 CFR part 430,
subpart B, as applicable.
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\3\ The specific basic models are listed in Attachment A to
JCI's June 5, 2018 letter (attached at the end of this notice).
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JCI also requests an interim waiver from the existing DOE test
procedure. An interim waiver may be granted if it appears likely that
the petition for waiver will be granted, and/or if DOE determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. See 10 CFR
430.27(e)(2).
III. Requested Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures to make
representations about the energy consumption and energy consumption
costs of products covered by the statute. (42 U.S.C. 6293(c))
Consistent representations are important for manufacturers to use in
making representations about the energy efficiency of their products
and to demonstrate compliance with applicable DOE energy conservation
standards. Pursuant to its regulations applicable to waivers and
interim waivers from applicable test procedures at 10 CFR 430.27, and
after consideration of public comments on the petition, DOE will
consider setting an alternate test procedure for the equipment
identified by JCI in a subsequent Decision and Order.
As an alternate test procedure, JCI proposes that the basic models
listed in the amended petition be tested according to the test
procedure for central air conditioners and heat pumps prescribed by DOE
at 10 CFR part 430, subpart B, appendix M, as applicable, except for
the provisions under 10 CFR 429.16(a)(3)(i) that require JCI's R-407C
outdoor units to be tested, at a minimum, as outdoor units with no
match. Under JCI's proposed alternative test procedure, the basic
models listed in the amended petition would be tested as new, matched
systems.
IV. Grant of an Interim Waiver
DOE conducted a review of JCI's public-facing materials, including
websites, marketing materials, Air-conditioning, Heating, and
Refrigeration Institute (AHRI) system matches, and technical guides for
the 1,187 system combinations listed in JCI's amended petition that use
GAW Series outdoor units and are certified in DOE's Compliance
Certification Management System to confirm that these materials support
JCI's assertions that these basic models are offered as new, matched
systems. All materials reviewed by DOE can be found in the docket.
Based on a review of the amended petition and JCI's public-facing
materials, it is DOE's current understanding that these basic models,
similar to central air conditioners that use other refrigerants, are
offered as both matched, new systems and as replacement outdoor units
for existing systems. JCI proposes to evaluate the basic models listed
in its amended petition in a manner that is representative of the true
energy consumption of these products when installed as new, matched
systems, similar to how central air conditioners that use other
refrigerants and are sold both as new, matched systems and as
replacement outdoor units are treated under DOE's test procedures.
Consequently, DOE has determined that JCI's amended petition for waiver
will likely be granted. Furthermore, as central air conditioners that
use other refrigerants and are sold both as new, matched systems and as
replacement units are currently not subject to the outdoor unit with no
match testing provisions, DOE has determined that it is also desirable
for public policy reasons to grant JCI immediate interim relief pending
a determination of the amended petition for waiver.
For the reasons stated, DOE has granted JCI's application for
interim waiver for its specified basic models of central air
conditioners. The substance of DOE's Interim Waiver Order is summarized
below.
Therefore, DOE has issued an Order, stating:
(1) JCI must test and rate the CAC and HP basic models listed in
paragraph (A) as new, matched systems with the alternate test
procedure set forth in paragraph (2):
(A) GAW14L18C2*S, GAW14L24C2*S, GAW14L30C2*S, GAW14L36C2*S,
GAW14L42C2*S, GAW14L48C2*S, GAW14L60C2*S
(2) The applicable method of test for the JCI basic models
listed in paragraph (1)(A) is the test procedure for CACs and HPs
prescribed by DOE at 10 CFR part 430, subpart B, appendix M, except
that 10 CFR part 429.16(a)(3)(i) shall be as detailed below. All
other requirements of 10 CFR part 429.16 remain applicable.
In 429.16(a), Determination of Represented Value:
(3) Refrigerants. (i) If a model of outdoor unit (used in a
single-split, multi-split, multi-circuit, multi-head mini-split,
and/or outdoor unit with no match system) is distributed in commerce
and approved for use with multiple refrigerants, a manufacturer must
determine all represented values for that model using each
refrigerant that can be used in an individual combination of the
basic model (including outdoor units with no match or ``tested
combinations''). This requirement may apply across the listed
categories in the table in paragraph (a)(1) of this section. A
refrigerant is considered approved for use if it is listed on the
nameplate of the outdoor unit. If any of the refrigerants approved
for use is HCFC-22 or if there are no refrigerants designated as
approved for use, a manufacturer must determine represented values
(including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW,OFF,
cooling capacity, and heating capacity, as applicable) for, at a
minimum, an outdoor unit with no match. If a model of outdoor unit
is not charged with a specified refrigerant from the point of
manufacture (unless either (a) the factory charge is equal to or
greater than 70% of the outdoor unit internal volume times the
liquid density of
[[Page 40013]]
refrigerant at 95[emsp14][deg]F or (b) an A2L refrigerant is
approved for use and listed in the certification report), a
manufacturer must determine represented values (including SEER, EER,
HSPF, SEER2, EER2, HSPF2, PW,OFF, cooling capacity, and
heating capacity, as applicable) for, at a minimum, an outdoor unit
with no match.
(3) Representations. JCI is permitted to make representations
about the efficiency of basic models that meet the requirements of
paragraph (1) for compliance, marketing, or other purposes only to
the extent that the basic model has been tested in accordance with
the provisions set forth above and such representations fairly
disclose the results of such testing in accordance with 10 CFR
429.16 and 10 CFR part 430, subpart B, appendix M.
(4) This interim waiver shall remain in effect consistent with
the provisions of 10 CFR 430.27(h) and (k).
(5) DOE may revoke or modify this waiver at any time if it
determines the factual basis underlying the petition for waiver is
incorrect, or the results from the alternate test procedure are
unrepresentative of the basic model's true energy consumption
characteristics.
(6) Granting of this interim waiver does not release JCI from
the certification requirements set forth at 10 CFR part 429, other
than those explicitly stated in paragraph (2).
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. JCI may submit a new or amended
petition for waiver and request for grant of interim waiver, as
appropriate, for additional models of central air conditioners and heat
pumps. Alternatively, if appropriate, JCI may request that this interim
waiver (or subsequent waiver, if applicable) be extended to additional
basic models employing the same technology as basic models specifically
set out in this petition (see 10 CFR 430.27(g)).
V. Summary and Request for Comments
Through this notice, DOE announces receipt of JCI's petition for
waiver from the DOE test procedure for certain basic models and
announces DOE's decision to grant JCI an interim waiver from the test
procedure for the basic models listed in JCI's amended petition. DOE is
publishing JCI's amended petition for waiver in its entirety, pursuant
to 10 CFR 430.27(b)(1)(iv). The amended petition contains no
confidential information. The amended petition includes a suggested
alternate test procedure, as specified in section III of this notice,
to determine the energy consumption of JCI's specified CAC basic
models. DOE may consider including the alternate procedure specified in
the Order in a subsequent Decision and Order.
DOE invites all interested parties to submit in writing by
September 12, 2018, comments and information on all aspects of the
amended petition, including the suggested alternate test procedure and
calculation and rating methodology. DOE also seeks comment and data on
JCI's assertion that it offers R-407C outdoor units as matched systems.
Pursuant to 10 CFR 430.27(d), any person submitting written comments to
DOE must also send a copy of such comments to the petitioner. The
contact information for the petitioner is Steve Tice, Johnson Controls,
Inc., 3110 N Mead St., Wichita, KS 67219.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
http://www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to http://www.regulations.gov. If you do not want your personal
contact information to be publicly viewable, do not include it in your
comment or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
[[Page 40014]]
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Signed in Washington, DC, on August 3, 2018.
Cathy Tripodi,
Acting Assistant Secretary for Energy Efficiency and Renewable Energy.
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VIII. Attachment A
Certified GAW Series Product Combinations
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Number of
unique ducted
Outdoor unit models Indoor models air mover
combinations
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GAW14L18C2*S...................... CF/CM/CU42C+TXV..... 22
CF/CM/CU42D+TXV..... 14
CF/CM/CU48C+TXV..... 22
CF/CM/CU48D+TXV..... 22
CF/ 1
CM42D+ME14DN21+TXV.
CF/ 1
CM48D+ME14DN21+TXV.
CF42B+ME12BN21+TXV.. 1
CF42B+TXV........... 15
FC/MC/PC37A+TXV..... 10
FC/MC/PC43B+TXV..... 14
FC/MC/PC43C+TXV..... 22
FC/MC/PC48C+TXV..... 22
FC/MC/PC48D+TXV..... 26
FC/ 1
MC43B+MV12BN21+TXV.
FC/ 1
MC43B+MX12BN21+TXV.
FC/ 1
MC48D+MX12DN21+TXV.
FC/PC60C+TXV........ 1
FC1CXT1+TXV......... 23
GAW14L24C2*S...................... CF/ 1
CM64D+ME14DN21+TXV.
CF/CM64D+TXV........ 38
FC/ 1
MC62D+MX12DN21+TXV.
FC/MC62D+TXV........ 36
FC3DXT1+MX12DN21+TXV 1
FC3DXT1+TXV......... 37
FC5DXT1+MX12DN21+TXV 1
[[Page 40024]]
FC5DXT1+TXV......... 36
FC64D+MX12DN21+TXV.. 1
FC64D+TXV........... 36
GAW14L30C2*S...................... CF/ 1
CM64D+ME14DN21+TXV.
CF/ 1
CM64D+ME20DN21+TXV.
CF/CM64D+TXV........ 39
FC/ 1
MC62D+MX12DN21+TXV.
FC/ 1
MC62D+MX20DN21+TXV.
FC/MC62D+TXV........ 37
FC3DXT1+MX12DN21+TXV 1
FC3DXT1+MX20DN21+TXV 1
FC3DXT1+TXV......... 38
FC5DXT1+MX12DN21+TXV 1
FC5DXT1+MX20DN21+TXV 1
FC5DXT1+TXV......... 37
FC64D+MX12DN21+TXV.. 1
FC64D+MX20DN21+TXV.. 1
FC64D+TXV........... 37
GAW14L36C2*S...................... CF/ 1
CM64D+ME14DN21+TXV.
CF/ 1
CM64D+ME20DN21+TXV.
CF/CM64D+TXV........ 41
FC/ 1
MC62D+MV12DN21+TXV.
FC/ 1
MC62D+MV20DN21+TXV.
FC/ 1
MC62D+MX12DN21+TXV.
FC/ 1
MC62D+MX20DN21+TXV.
FC/MC62D+TXV........ 37
FC3DXT1+MV12DN21+TXV 1
FC3DXT1+MV20DN21+TXV 1
FC3DXT1+MX12DN21+TXV 1
FC3DXT1+MX20DN21+TXV 1
FC3DXT1+TXV......... 37
FC5DXT1+MV12DN21+TXV 1
FC5DXT1+MV20DN21+TXV 1
FC5DXT1+MX12DN21+TXV 1
FC5DXT1+MX20DN21+TXV 1
FC5DXT1+TXV......... 37
FC64D+MV12DN21+TXV.. 1
FC64D+MV20DN21+TXV.. 1
FC64D+MX12DN21+TXV.. 1
FC64D+MX20DN21+TXV.. 1
FC64D+TXV........... 37
AE60DX21+TXV........ 1
AHE60D3X(H,T)21+TXV. 1
RFCX60DE20MP21+TXV.. 1
RFCX60DE20MP22+TXV.. 1
GAW14L42C2*S...................... CF/ 1
CM64D+ME14DN21+TXV.
CF/ 1
CM64D+ME20DN21+TXV.
CF/CM64D+TXV........ 40
FC/ 1
MC62D+MV20DN21+TXV.
FC/ 1
MC62D+MX20DN21+TXV.
FC/MC62D+TXV........ 41
FC3DXT1+MV20DN21+TXV 1
FC3DXT1+MX20DN21+TXV 1
FC3DXT1+TXV......... 42
FC5DXT1+MV20DN21+TXV 1
FC5DXT1+MX20DN21+TXV 1
FC5DXT1+TXV......... 32
FC64D+MV20DN21+TXV.. 1
FC64D+MX20DN21+TXV.. 1
FC64D+TXV........... 32
AE60DX21+TXV........ 1
AHE60D3X(H,T)21+TXV. 1
RFCX60DE20MP21+TXV.. 1
RFCX60DE20MP22+TXV.. 1
GAW14L48C2*S...................... CF/ 1
CM64D+ME20DN21+TXV.
CF/CM64D+TXV........ 20
FC5DXT1+MV20DN21+TXV 1
FC5DXT1+TXV......... 34
FC64D+MV20DN21+TXV.. 1
[[Page 40025]]
FC64D+TXV........... 33
AE60DX21+TXV........ 1
RFCX60DE20MP22+TXV.. 1
GAW14L60C2*S...................... CF/ 1
CM64D+ME20DN21+TXV.
CF/CM64D+TXV........ 19
FC5DXT1+MV20DN21+TXV 1
FC5DXT1+MX20DN21+TXV 1
FC5DXT1+TXV......... 22
FC64D+MV20DN21+TXV.. 1
FC64D+MX20DN21+TXV.. 1
FC64D+TXV........... 21
AE60DX21+TXV........ 1
RFCX60DE20MP22+TXV.. 1
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Total Number of Unique .................... 1,178
Certified Product
Combinations.
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[FR Doc. 2018-17188 Filed 8-10-18; 8:45 am]
BILLING CODE 6450-01-P