Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices 18327 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

Division, U.S. Department of Education, 

400 Maryland Avenue SW., LBJ, Room 

2E103, Washington, DC 20202–4537. 

FOR FURTHER INFORMATION CONTACT: 

Electronically mail 

ICDocketMgr@ed.gov. Please do not 

send comments here. 

SUPPLEMENTARY INFORMATION: The 

Department of Education (ED), in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3506(c)(2)(A)), provides the general 

public and Federal agencies with an 

opportunity to comment on proposed, 

revised, and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. ED is 

soliciting comments on the proposed 

information collection request (ICR) that 

is described below. The Department of 

Education is especially interested in 

public comment addressing the 

following issues: (1) Is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: Upward Bound 

and Upward Bound Math Science 

Annual Performance Report. 

OMB Control Number: 1840–NEW. 

Type of Review: New information 

collection. 

Respondents/Affected Public: Private 

Sector, State, Local, or Tribal 

Governments. 

Total Estimated Number of Annual 

Responses: 992. 

Total Estimated Number of Annual 

Burden Hours: 16,864. 

Abstract: The U.S. Department of 

Education is requesting a new Annual 

Performance Report (APR) for grants 

under the regular Upward Bound (UB) 

and Upward Bound Math and Science 

(UBMS) Programs. The Department is 

requesting a new APR because of the 

implementation of the Higher Education 

Opportunity Act revisions to the Higher 

Education Act of 1965, as amended, the 

authorizing statute for the programs. 

The APRs are used to evaluate the 

performance of grantees prior to 

awarding continuation funding and to 

assess a grantee’s prior experience at the 

end of each budget period. The 

Department will also aggregate the data 

to provide descriptive information on 

the programs and to analyze the impact 

of the program on the academic progress 

of participating students. 

Dated: March 20, 2013. 

Kate Mullan, 

Acting Director, Information Collection 

Clearance Division, Privacy, Information and 

Records Management Services, Office of 

Management. 

[FR Doc. 2013–06798 Filed 3–25–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–024] 

Decision and Order Granting a Waiver 

to LG Electronics, Inc. From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–024) 

that grants to LG Electronics, Inc. (LG) 

a waiver from the DOE electric 

refrigerator and refrigerator-freezer test 

procedures for determining the energy 

consumption of residential refrigeratorfreezers for the basic models set forth in 

its petition for waiver. Under today’s 

decision and order, LG shall be required 

to test and rate its refrigerator-freezers 

with dual compressors using an 

alternate test procedure that takes this 

technology into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective March 26, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Bryan Berringer, U.S. Department of 

Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103, (202) 586–7796, Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE gives 

notice of the issuance of its decision and 

order as set forth below. The decision 

and order grants LG a waiver from the 

applicable residential refrigerator and 

refrigerator-freezer test procedures 

found in 10 CFR part 430, subpart B, 

appendix A1 for certain basic models of 

refrigerator-freezers with dual 

compressors, provided that LG tests and 

rates such products using the alternate 

test procedure described in this notice. 

Today’s decision prohibits LG from 

making representations concerning the 

energy efficiency of these products 

unless the product has been tested 

consistent with the provisions and 

restrictions in the alternate test 

procedure set forth in the decision and 

order below, and the representations 

fairly disclose the test results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

Issued in Washington, DC, on March 19, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: LG Electronics, Inc. 

(Case No. RF–024) 

I. Background and Authority 

Title III, Part B 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, a program covering most 

major household appliances, which 

includes the residential electric 

refrigerators and refrigerator-freezers 

that are the focus of this notice.1 Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) The test 

procedure for residential electric 

refrigerators and refrigerator-freezers is 

set forth in 10 CFR part 430, subpart B, 

appendix A1. 

DOE’s regulations for covered 

products contain provisions allowing a 


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18328 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices 

person to seek a waiver from the test 

procedure requirements for a particular 

basic model for covered consumer 

products when (1) the petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may 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). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or the 

Assistant Secretary 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(g). 

II. LG’s Petition for Waiver: Assertions 

and Determinations 

On May 10, 2012, LG filed a petition 

for waiver from the test procedure 

applicable to residential electric 

refrigerators and refrigerator-freezers set 

forth in 10 CFR Part 430, subpart B, 

appendix A1. On June 28, 2012, LG 

amended its request by revising the list 

of particular models covered by its 

request. The May 2012 request initially 

covered a number of LG and Kenmorebranded products; the June 2012 request 

revised this list to include only certain 

LG models. LG requested a waiver 

because it is developing new 

refrigerator-freezers that incorporate a 

dual compressor design that is not 

contemplated under DOE’s test 

procedure. In its petition, LG requested 

a waiver from the existing DOE test 

procedure applicable to refrigerators 

and refrigerator-freezers under 10 CFR 

Part 430 for LG’s dual compressor 

products. LG stated that its dual 

compressor products use shared 

compressor systems that are controlled 

by a 3-way valve. This type of system, 

LG argued, differs from the 

independent, sealed systems that the 

DOE test procedure is designed to 

address. In its petition, LG set forth an 

alternate test procedure and noted in 

support of its petition that DOE has 

already granted Sub-Zero a similar 

waiver pertaining to the use of dual 

compressor-equipped refrigerators. See 

76 FR 71335 (November 17, 2011) 

(interim waiver) and 77 FR 5784 

(February 6, 2012) (Decision and Order). 

DOE did not receive any comments on 

the LG petition. 

III. Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

LG petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to LG. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by LG and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver submitted 

by LG Electronics, Inc. (Case No. RF– 

024) is hereby granted as set forth in the 

paragraphs below. 

(2) LG shall be required to test and 

rate the following LG models according 

to the alternate test procedure set forth 

in paragraph (3) below. 

LG Brand 

LFX32955** 

LFX33955** 

LFX34955** 

LMX32955** 

LMX33955** 

LMX34955** 

(Note: Each ‘‘*’’ represents a letter.) 

(3) LG shall be required to test the 

products listed in paragraph (2) above 

according to the test procedures for 

electric refrigerator-freezers prescribed 

by DOE at 10 CFR part 430, appendix 

A1, except that, for the LG products 

listed in paragraph (2) only, replace the 

multiple defrost system, section 5.2.1.4 

of appendix A1, with the following: 

5.2.1.4 Dual Compressor Systems 

with Dual Automatic Defrost. The twopart test method in section 4.2.1 must be 

used, and the energy consumption in 

kilowatt-hours per day shall be 

calculated equivalent to: 

Where: 

1440 = number of minutes in a day; 

ET is the test cycle energy (kWh/day); 

i is the variable that can equal to 1, 2 or more 

that identifies the compartment with 

distinct defrost system; 

D is the total number of compartments with 

distinct defrost systems; 

EP1 is the dual compressor energy expended 

during the first part of the test (it is 

calculated for a whole number of freezer 

compressor cycles at least 24 hours in 

duration and may be the summation of 

several running periods that do not 

include any precool, defrost, or recovery 

periods); 

T1 is the length of time for EP1 (minutes); 

EP2i is the total energy consumed during the 

second (defrost) part of the test being 

conducted for compartment i (kWh); 

T2i is the length of time (minutes) for the 

second (defrost) part of the test being 

conducted for compartment i; and 

CTi is the compressor on time between 

defrosts for only compartment i. CTi for 

compartment i with long time automatic 

defrost system is calculated as per 10 

CFR Part 430, subpart B, appendix A1 

clause 5.2.1.2. CTi for compartment i 

with variable defrost system is calculated 

as per 10 CFR part 430 subpart B 

appendix A1 clause 5.2.1.3. (hours 

rounded to the nearest tenth of an hour). 

Stabilization 

The test shall start after a minimum 

24 hours stabilization run for each 

temperature control setting. 

Steady State for EP1 

The temperature average for the first 

and last compressor cycle of the test 

period must be within 1.0 [degrees] F 

(0.6 [degrees] C) of the test period 

temperature average for each 

compartment. Make this determination 

for the fresh food compartment for the 

fresh food compressor cycles closest to 

the start and end of the test period. If 

multiple segments are used for test 


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Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices 18329 

period 1, each segment must comply 

with above requirement. 

Steady State for EP2i 

The second (defrost) part of the test 

must be preceded and followed by 

regular compressor cycles. The 

temperature average for the first and last 

compressor cycle of the test period must 

be within 1.0 [degrees] F (0.6 [degrees] 

C) of the EP1 test period temperature 

average for each compartment. 

Test Period for EP2i, T2i 

EP2i includes precool, defrost, and 

recovery time for compartment i, as well 

as sufficient dual compressor steady 

state run cycles to allow T2i to be at 

least 24 hours. The test period shall start 

at the end of a regular freezer 

compressor on-cycle after the previous 

defrost occurrence (refrigerator or 

freezer). The test period also includes 

the target defrost and following regular 

freezer compressor cycles, ending at the 

end of a regular freezer compressor oncycle before the next defrost occurrence 

(refrigerator or freezer). If the previous 

condition does not meet 24 hours time, 

additional EP1 steady state segment data 

could be included. Steady state run 

cycle data can be utilized in EP1 and 

EP2i. 

Test Measurement Frequency 

Measurements shall be taken at regular 

intervals not exceeding 1 minute. 

[End of 5.2.1.4] 

(4) Representations. LG may make 

representations about the energy use of 

its dual compressor refrigerator-freezer 

products for compliance, marketing, or 

other purposes only to the extent that 

such products have been tested in 

accordance with the provisions outlined 

above and such representations fairly 

disclose the results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. 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 models’ 

true energy consumption characteristics. 

(7) This waiver applies only to those 

basic models set out in LG’s May 10, 

2012 petition for waiver. Grant of this 

waiver does not release a petitioner 

from the certification requirements set 

forth at 10 CFR part 429. 

Issued in Washington, DC, on March 19, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–06847 Filed 3–25–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. CP13–96–000; PF12–21–000] 

Gulf South Pipeline Company, LP; 

Petal Gas Storage, L.L.C.; Notice of 

Application 

Take notice that on March 8, 2013, 

Gulf South Pipeline Company, LP (Gulf 

South), 9 Greenway Plaza, Suite 2800, 

Houston, Texas 77046, and Petal Gas 

Storage, L.L.C. (Petal), 9 Greenway 

Plaza, Suite 2800, Houston, Texas 

77046, (collectively, the Applicants) 

jointly filed an application pursuant to 

sections 7(b) and 7(c) of the Natural Gas 

Act (NGA) for authorization for: (i) Gulf 

South to construct approximately 70 

miles of new natural gas pipeline in 

Mississippi and Alabama; (ii) Gulf 

South to construct 34,215 horsepower of 

compression in Mississippi; (iii) Petal to 

abandon capacity by lease to Gulf 

South; and (iv) Gulf South to acquire 

that lease capacity (Southeast Market 

Expansion Project). The Applicants state 

that the Southeast Market Expansion 

Project will provide 510,500 dekatherms 

per day of firm transportation capacity. 

The Applicants estimate the total cost of 

the Southeast Market Expansion Project 

to be approximately $283,846,000, all as 

more fully set forth in the application 

which is on file with the Commission 

and open to public inspection. The 

filing is available for review at the 

Commission in the Public Reference 

Room or may be viewed on the 

Commission’s Web site at http:// 

www.ferc.gov using the ‘‘eLibrary’’ link. 

Enter the docket number excluding the 

last three digits in the docket number 

field to access the document. For 

assistance, contact FERC at 

FERCOnlineSupport@ferc.gov or call 

toll-free, (886) 208–3676 or TYY, (202) 

502–8659. 

Any questions concerning this 

application may be directed to J. Kyle 

Stephens, Vice President of Regulatory 

Affairs, Boardwalk Pipeline Partners, 

LP, 9 Greenway Plaza, Houston, Texas 

77046, by facsimile at (713) 479–1846, 

or by email at 

kyle.stephens@bwpmlp.com. 

On September 17, 2012, the 

Commission staff granted the 

Applicants’ request to utilize the PreFiling Process and assigned Docket No. 

PF12–21–000 to staff activities 

involving the Southeast Market 

Expansion Project. Now as of the filing 

the March 8, 2013 application, the PreFiling Process for this project has ended. 

From this time forward, this proceeding 

will be conducted in Docket No. CP13– 

96–000, as noted in the caption of this 

Notice. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the comment date 

stated below file with the Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

seven copies of filings made in the 

proceeding with the Commission and 

must mail a copy to the applicant and 

to every other party. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 

rules require that persons filing 

comments in opposition to the project 

provide copies of their protests only to 

the party or parties directly involved in 

the protest. 

Persons who wish to comment only 

on the environmental review of this 

project should submit an original and 

two copies of their comments to the 

Secretary of the Commission. 

Environmental commentors will be 

placed on the Commission’s 

environmental mailing list, will receive 

copies of the environmental documents, 

and will be notified of meetings 

associated with the Commission’s 

environmental review process. 

Environmental commentors will not be 

required to serve copies of filed 

documents on all other parties. 

However, the non-party commentors 


srobinson on DSK4SPTVN1PROD with NOTICES