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

1 For 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 energyconsumption 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


### 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


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

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 theend 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 theApplicants’ 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 filingthe 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