8278 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

9Order No. 667–B, FERC Stats. & Regs. ¶ 31,224 

at P 20–22. 

10 16 U.S.C. 824d–e, 825; Order No. 667, FERC 

Stats. & Regs. ¶ 31,197 at P 3–6; accord 15 U.S.C. 

717c–d, 717g (identifying Commission authority 

with respect to natural gas companies). 

11 42 U.S.C. 16453. The Federal Power Act, in 

particular section 201(g), 16 U.S.C. 824(g), also 

grants state regulatory authorities certain access to 

books and records. 

reporting requirements due to the 

holding company system’s ownership of 

out-of-state EWGs, FUCOs and QFs.9

Requests for Rehearing 

4. APPA/NRECA and FMPA/ 

Seminole envision a holding company 

system whose traditional utility 

operations are confined to one state but 

that has EWGs, FUCOs and QFs in 

multiple jurisdictions. They assert that, 

if such a holding company system is not 

subject to the Commission’s PUHCA 

2005 accounting, record retention and 

reporting requirements, regulators will 

have insufficient access to the holding 

company system’s accounts and records 

and therefore will be unable to protect 

against misallocations of costs and other 

potential abuses within the holding 

company system. 

Decision 

5. In adopting the SEC’s 13 percent of 

revenue standard (and exclusion of 

EWGs, FUCOs and QFs from 

consideration in the 13 percent of 

revenue calculation) for purposes of 

determining who qualifies for the single 

state holding company waiver of the 

Commission’s PUHCA 2005 accounting, 

record retention and reporting 

requirements, the Commission sought to 

be consistent with the general intent of 

Congress, in repealing PUHCA 1935, to 

remove unnecessary regulatory burdens 

and not to create new ones in PUHCA 

2005. Furthermore, APPA/NRECA and 

FMPA/Seminole have presented no 

convincing argument that other state 

and federal regulation will be 

insufficient to protect against abuse in 

the circumstances envisioned by APPA/ 

NRECA and FMPA/Seminole, without 

imposition of the Commission’s PUHCA 

2005 accounting, record retention and 

reporting requirements. The 

Commission will still have full access 

under the FPA to the accounts and 

records of the traditional public utility 

within the holding company system 

(i.e., the utility with captive customers 

and traditional regulated rates) and of 

the holding company and any other 

company controlled by the holding 

company, insofar as they relate to 

transactions with or the business of the 

public utility.10 From those accounts 

and records, the Commission will be 

able to discern whether the public 

utility is attempting to recover, from its 

captive customers, costs that are 

properly attributable to other businesses 

within the holding company system. 

6. Moreover, with respect to state 

regulatory authority access to books and 

records of holding companies and their 

associate and affiliate companies, 

nothing in our waivers affects section 

1265 of PUHCA 2005, which expressly 

provides for such access.11 We add that 

no state regulatory authority has 

suggested that it has insufficient 

authority in the circumstances 

envisioned. 

7. For these reasons, we deny 

rehearing. 

The Commission Orders 

APPA/NRECA’s and FMPA/ 

Seminole’s requests for rehearing are 

hereby denied. 

By the Commission. 

Magalie R. Salas, 

Secretary. 

[FR Doc. E7–3234 Filed 2–23–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–07–016] 

Drawbridge Operation Regulations; 

Housatonic River, Stratford, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Metro North Devon 

Bridge, across the Housatonic River, 

mile 3.9, at Stratford, Connecticut. 

Under this temporary deviation the 

draw may remain in the closed position 

from 8 a.m. through 11 p.m. on March 

3, 2007. This deviation is necessary to 

facilitate scheduled bridge maintenance. 

DATES: This deviation is effective from 

8 a.m. through 11 p.m. on March 3, 

2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, One 

South Street, New York, New York, 

10004, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (212) 

668–7165. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7165. 

SUPPLEMENTARY INFORMATION: The Metro 

North Devon Bridge across the 

Housatonic River, mile 3.9, at Stratford, 

Connecticut, has a vertical clearance in 

the closed position of 19 feet at mean 

high water and 25 feet at mean low 

water. The existing operating 

regulations are listed at 33 CFR 

117.207(b). 

The bridge owner, Metro North, 

requested a temporary deviation to 

allow the bridge to remain in the closed 

position to facilitate scheduled bridge 

maintenance. Under this temporary 

deviation the Metro North Devon Bridge 

may remain in the closed position from 

8 a.m. through 11 p.m. on March 3, 

2007. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: February 15, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E7–3206 Filed 2–23–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–07–015] 

Drawbridge Operation Regulations; 

Reynolds Channel, New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Long Island 

Railroad Bridge, across Reynolds 

Channel, mile 4.4, at New York City, 

New York. Under this temporary 

deviation the draw may remain in the 

closed position for 24-hours on both 

March 3, 2007 and March 10, 2007. This 

deviation is necessary to facilitate 

scheduled bridge maintenance. 


ycherry on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8279 

DATES: This deviation is effective on 

March 3, 2007, and March 10, 2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, One 

South Street, New York, New York, 

10004, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (212) 

668–7165. The First Coast Guard 

District Bridge Branch Office maintains 

the public docket for this temporary 

deviation. 

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7165. 

SUPPLEMENTARY INFORMATION: The Long 

Island Railroad Bridge across Reynolds 

Channel, mile 4.4, at New York City, 

New York, has a vertical clearance in 

the closed position of 3 feet at mean 

high water and 7 feet at mean low water. 

The existing operating regulations are 

listed at 33 CFR 117.5. 

The bridge owner, Long Island 

Railroad, requested a temporary 

deviation to allow the bridge to remain 

in the closed position to facilitate 

scheduled bridge maintenance. Under 

this temporary deviation the bridge may 

remain in the closed position for 24- 

hours on both March 3, 2007, and 

March 10, 2007. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: February 15, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E7–3202 Filed 2–23–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD07–07–021] 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway, Mile 

1012.6, North Palm Beach, Palm Beach 

County, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Seventh 

Coast Guard District, has issued a 

temporary deviation from the 

regulations governing the operation of 

the PGA Boulevard Drawbridge, across 

the Atlantic Intracoastal Waterway mile 

1012.6, North Palm Beach, Palm Beach 

County, Florida. This deviation allows 

the drawbridge to remain on single-leaf 

operations with a double-leaf opening 

available with a two-hour notice to the 

bridge tender. This deviation allows for 

several drawbridge closures in order to 

complete bridge repairs. The exact dates 

of the drawbridge closures will be 

published in the Local Notice to 

Mariners. The deviation is necessary to 

provide for worker and mariner safety 

during repairs to the drawbridge. 

DATES: This deviation is effective from 

February 26, 2007 until 7 p.m. on March 

31, 2007. 

ADDRESSES: Material received from the 

public, as well as documents indicated 

in this preamble as being available in 

the docket [CGD07–07–021] will 

become part of this docket and will be 

available for inspection or copying at 

Commander (dpb), Seventh Coast Guard 

District, 909 SE. 1st Avenue, Room 432, 

Miami, Florida 33131–3050 between 

7:30 a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Lieberum, Seventh Coast Guard 

District, Bridge Branch at (305) 415–

6744. 

SUPPLEMENTARY INFORMATION: The PGA 

Boulevard Drawbridge, across the 

Atlantic Intracoastal Waterway mile 

1012.6, North Palm Beach, Palm Beach 

County, Florida, is being repaired. The 

contractor representing The Florida 

Department of Transportation notified 

the Coast Guard that the current 

operation of the drawbridge would need 

to be temporarily changed to allow for 

final repairs to the structure. The 

current operating regulation in 33 CFR 

117.261(s) requires that the drawspan 

shall open on the hour and half-hour. 

Under this deviation, the PGA 

Boulevard Drawbridge, across the 

Atlantic Intracoastal Waterway mile 

1012.6, North Palm Beach, Palm Beach 

County, Florida, will operate the 

drawspan on single-leaf operations with 

a double-leaf opening available with a 

two-hour notice to the bridge tender. 

This deviation will allow for several 

closures in order to complete bridge 

repairs. The exact dates of the closures 

will be published in the Local Notice to 

Mariners. This deviation from the 

operating regulation is authorized under 

33 CFR 117.35. 

Dated: February 13, 2007. 

Greg Shapley, 

Chief, Bridge Administration, Seventh Coast 

Guard District. 

[FR Doc. E7–3201 Filed 2–23–07; 8:45 am] 

BILLING CODE 4910–15–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1258 

[FDMS Docket # NARA–07–0002] 

RIN 3095–AB49 

NARA Reproduction Fees 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: NARA is revising its 

regulations relating to reproduction of 

records and other materials in the 

custody of the Archivist of the United 

States. We have determined that it is not 

appropriate to include in those 

regulations the reproduction of records 

of other Federal agencies stored in 

NARA Federal records centers that are 

not in our legal custody. This interim 

final rule will affect individuals and 

Federal agencies who request copies of 

Federal agency records in NARA 

Federal records centers. 

DATES: This interim final rule is 

effective May 29, 2007. Comments on 

this interim final rule must be received 

by April 27, 2007 at the address shown 

below. NARA intends to publish any 

changes to the rule resulting from this 

comment period before the May 29, 

2007 effective date. 

ADDRESSES: NARA invites interested 

persons to submit comments on this 

interim final rule. Comments may be 

submitted by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Fax: Submit comments by facsimile 

transmission to 301–837–0319. 

Mail: Send comments to Regulations 

Comments Desk (NPOL), Room 4100, 

Policy and Planning Staff, National 

Archives and Records Administration, 

8601 Adelphi Road, College Park, MD 

20740–6001. 

Hand Delivery or Courier: Deliver 

comments to 8601 Adelphi Road, 

College Park, MD. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Davis Heaps at 301–837–1850 

or fax at 301–837–0319. 

SUPPLEMENTARY INFORMATION: Elsewhere 

in the Proposed Rules section of today’s 


ycherry on PROD1PC64 with RULES