Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Proposed Rules

23778

Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Proposed Rules

Marketing Orders for Fruits, Vegetables,

and Nuts Pursuant to the Agricultural

Marketing Agreement Act of 1937, as

Amended’’ (7 CFR 900.400 et seq.).

Ballots will be mailed to all growers

of record and may also be obtained from

the referendum agents and from their

appointees.

List of Subjects in 7 CFR Part 929

Cranberries, Marketing agreements,

Reporting and recordkeeping

requirements.

Authority: 7 U.S.C. 601–674.

Dated: April 25, 2007.

Lloyd C. Day,

Administrator, Agricultural Marketing

Service.

[FR Doc. E7–8233 Filed 4–30–07; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 35

[Docket Nos. RM05–10–000 and AD04–13–

000]

Imbalance Provisions for Intermittent

Resources; Assessing the State of

Wind Energy in Wholesale Electricity

Markets

Issued April 25, 2007.

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Withdrawal of notice of

rmajette on PROD1PC67 with PROPOSALS

proposed rulemaking.

SUMMARY: The Federal Energy

Regulatory Commission is withdrawing

its proposal to amend its regulations to

require public utilities to append to

their open access transmission tariffs

(OATTs) an intermittent generator

imbalance service schedule in light of

the imbalance-related reforms adopted

in Order No. 890, 72 FR 12266 (Mar. 15,

2007).

DATES: The notice of proposed

rulemaking published on April 14,

2005, at 70 FR 21349, is withdrawn as

of May 1, 2007.

FOR FURTHER INFORMATION CONTACT:

W. Mason Emnett (Legal Information),

Office of the General Counsel—Energy

Markets, Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 20426, (202) 502–

6540.

Daniel Hedberg (Technical Information),

Office of Energy Markets and

Reliability, Federal Energy Regulatory

Commission, 888 First Street, NE.,

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11:45 Apr 30, 2007

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Washington, DC 20426, (202) 502–

6243.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T.

Kelliher, Chairman; Suedeen G. Kelly,

Marc Spitzer, Philip D. Moeller, and

Jon Wellinghoff.

Withdrawal of Notice of Proposed

Rulemaking

1. On April 14, 2005, the Commission

issued a Notice of Proposed Rulemaking

(NOPR) in this proceeding.1 For the

reasons set forth below, we are

withdrawing the NOPR and terminating

this rulemaking.

2. In the NOPR, the Commission

proposed to clarify and amend

imbalance-related provisions in the pro

forma Open Access Transmission Tariff

(OATT) as applied to intermittent

resources.2 The Commission concluded

that, although the number of

intermittent resources had grown since

the adoption of the pro forma OATT in

Order No. 888,3 such resources were

historically hesitant to take service

under the pro forma OATT, thereby

accessing broader markets, due to the

application of imbalance provisions that

were designed to apply to resources

with the ability to control fuel input and

thus schedule their energy with

precision. The Commission concluded

that the imbalance provisions of the

Order No. 888 pro forma OATT may no

longer be just, reasonable or not unduly

discriminatory or preferential as applied

to intermittent resources that by nature

are weather-driven.4 The Commission

1 Imbalance Provisions for Intermittent Resources

Assessing the State of Wind Energy in Wholesale

Electricity Markets, Notice of Proposed Rulemaking,

70 FR 21349 (Apr. 26, 2005), FERC Stats. & Regs.

¶ 32,581 (2005).

2 For purposes of the NOPR, an intermittent

resource was defined as an electric generator that

is not dispatchable and cannot store its fuel source

and therefore cannot respond to changes in system

demand or respond to transmission security

constraints.

3 Promoting Wholesale Competition Through

Open Access Non-discriminatory Transmission

Services by Public Utilities and Recovery of

Stranded Costs by Public Utilities and Transmitting

Utilities, Order No. 888, 61 FR 21,540 (May 10,

1996), FERC Stats. & Regs. ¶ 31,036 (1996), order on

reh’g, Order No. 888–A, 62 FR 12,274 (March 14,

1997), FERC Stats. & Regs. ¶ 31,048 (1997), order on

reh’g, Order No. 888–B, 81 FERC ¶ 61,248 (1997),

order on reh’g, Order No. 888–C, 82 FERC ¶ 61,046

(1998), aff’d in relevant part, remanded in part on

other grounds sub nom. Transmission Access Policy

Study Group, et al. v. FERC, 225 F.3d 667 (D.C. Cir.

2000), aff’d sub nom. New York v. FERC, 535 U.S.

1 (2002).

4 The Commission began exploring these issues at

a technical conference held on December 1, 2004,

in Denver, Colorado in Docket No. AD04–13–000.

Other transmission-related issues regarding wind

energy were also discussed at the technical

conference and in post-technical conference

comments, such as the interconnection process,

credits for transmission upgrades, and adoption of

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therefore proposed to establish a

standard schedule under the pro forma

OATT to address generator imbalances

solely for intermittent resources and

sought comment on issues related to

that proposal.

3. Since issuance of the NOPR, the

Commission has completed its OATT

reform rulemaking in Docket Nos.

RM05–25–000, et al., issuing Order No.

890 on February 16, 2007.5 Among other

things, Order No. 890 adopted a new

Schedule 9 to govern generator

imbalances. Under Schedule 9,

imbalance charges ‘‘must be based on

incremental cost or some multiple

therefore’’ and ‘‘must provide an

incentive for accurate scheduling, such

as by increasing the percentage of the

adder above (and below) incremental

cost as the deviation becomes larger.’’ 6

Of particular relevance to this

proceeding, the Commission also

required that imbalance provisions

‘‘account for the special circumstances

presented by intermittent generators and

their limited ability to precisely forecast

or control generation levels, such as

waiving the more punitive adders

associated with higher deviations.’’ 7

4. As a result of the imbalance-related

reforms adopted in Order No. 890, and

in particular the requirement that

generator imbalance provisions in each

transmission provider’s OATT take into

account an intermittent resources’

limited ability to forecast or control

generation levels, the Commission

concludes that it is no longer necessary

to address the NOPR proposal to add to

the pro forma OATT a generator

imbalance schedule solely for

intermittent resources. The reforms

adopted in Order No. 890 adequately

ensure that the imbalance provisions of

the pro forma OATT will not result in

service to intermittent resources that is

unjust, unreasonable, or unduly

discriminatory or preferential.

5. The Commission therefore

withdraws the NOPR and terminates

this rulemaking proceeding.

The Commission orders:

Docket No. RM05–10–000 is hereby

terminated.

a conditional firm transmission product. These

issues were not addressed in the NOPR, which was

limited to the imbalance provisions of the pro

forma OATT as they relate to intermittent

resources.

5 See Preventing Undue Discrimination and

Preference in Transmission Service, Order No. 890,

72 FR 12266 (March 15, 2007), FERC Stats. & Regs.

¶ 31,241 (2007), reh’g pending.

6 Order No. 890 at P 663.

7 Id. The Commission also adopted a standard

definition of intermittent resource that is identical

to that proposed in this proceeding. See Id. at P 666.

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Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Proposed Rules

By the Commission.

Kimberly D. Bose,

Secretary.

[FR Doc. E7–8236 Filed 4–30–07; 8:45 am]

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking [COTP San Diego 07–

225], indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

BILLING CODE 6717–01–P

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 165

[COTP San Diego 07–225]

RIN 1625–AA00

Safety Zone; Labor Day Fireworks,

Lower Colorado River, Laughlin, NV

AGENCY: Coast Guard, DHS.

rmajette on PROD1PC67 with PROPOSALS

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes

establishing a temporary safety zone on

the navigable waters of the Lower

Colorado River, Laughlin, NV, in

support of a Labor Day fireworks

display near the AVI Resort and Casino.

The safety zone is necessary to provide

for the safety of the crew, spectators,

participants of the event, participating

vessels and other vessels and users of

the waterway. Persons and vessels will

be prohibited from entering into,

transiting through, or anchoring within

this safety zone unless authorized by the

Captain of the Port, or his designated

representative.

DATES: Comments and related material

must reach the Coast Guard on or before

July 31, 2007.

ADDRESSES: You may mail comments

and related material to Commander

(SPW), Attn: Waterways Management

Division, Coast Guard Sector San Diego,

2710 N. Harbor Drive, San Diego, CA

92101–1028. Marine Events, Prevention

Department, maintains the public

docket for this rulemaking. Comments

and material received from the public,

as well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at Coast Guard Sector San

Diego between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Chief Petty Officer Eric Carroll,

Waterways Management, U.S. Coast

Guard Sector San Diego, CA, at

telephone (619) 278–7277.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

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11:45 Apr 30, 2007

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Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to Coast Guard

Sector San Diego at the address under

ADDRESSES explaining why one would

be beneficial. If we determine that one

would aid this rulemaking, we will hold

one at a time and place announced by

a later notice in the Federal Register.

Background and Purpose

The Coast Guard proposes

establishing a temporary safety zone on

the navigable waters of the Lower

Colorado River, Laughlin, NV, in

support of a Labor Day fireworks show

in the navigation channel of the Lower

Colorado River, Laughlin, NV. The

fireworks show is being sponsored by

AVI Resort and Casino. The safety zone

will be set at a 980-foot radius around

the anchored firing barge. This

temporary safety zone is necessary to

provide for the safety of the show’s

crew, spectators, participants of the

event, participating vessels, and other

vessels and users of the waterway.

Discussion of Proposed Rule

The event involves one anchored

barge, which will be used as a platform

for launching of fireworks. The safety

zone is required because the barge’s

planned firing location is in the

navigation channel. This safety zone

would be enforced from 8 p.m. through

9:30 p.m. on September 2, 2007.

The limits of this temporary safety

zone include all areas within 980 feet of

the firing location adjacent to the AVI

Resort and Casino centered in the

navigational channel between Laughlin

Bridge and the northwest point of the

AVI Resort and Casino Cove in position:

35°00′45″ N, 114°38′16″ W.

U.S. Coast Guard personnel would

enforce this safety zone. Other Federal,

State, or local agencies may assist the

Coast Guard, including the Coast Guard

Auxiliary. Vessels or persons violating

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23779

this rule would be subject to both

criminal and civil penalties.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866,

Regulatory Planning and Review, and

does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that Order. The Office

of Management and Budget has not

reviewed it under that Order. It is not

‘‘significant’’ under the regulatory

policies and procedures of the

Department of Homeland Security

(DHS).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under the

regulatory policies and procedures of

DHS is unnecessary. Although the safety

zone will restrict boating traffic within

the navigable waters of the Lower

Colorado River, Laughlin, NV, the effect

of this regulation will not be significant

as the safety zone will encompass only

a small portion of the waterway and will

be very short in duration. The entities

most likely to be affected are pleasure

craft engaged in recreational activities

and sightseeing. As such, the Coast

Guard expects the economic impact of

this rule to be minimal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this proposed rule

would not have a significant economic

impact on a substantial number of small

entities. This rule will affect the

following entities, some of which may

be small entities: the owners or

operators of vessels intending to transit

or anchor in a portion of the Lower

Colorado River, Laughlin, NV, from 8

p.m. to 9:30 p.m. on September 2, 2007.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons. The safety zone

only encompasses a small portion of the

waterway, it is short in duration at a late

hour when commercial traffic is low,

and the Captain of the Port may

authorize entry into the zone, if

necessary.

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