Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20725 

11 5 U.S.C. 551–59. 

12 5 U.S.C. 553(B); See, e.g., Mid-Tex Electric 

Cooperative, Inc. v. FERC, 822 F.2d 1123 (D.C. Cir. 

1987). 

13 5 U.S.C. 801. 

14 5 U.S.C. 804(3)(B). 

Consequently, the Commission certifies 

that this Final Rule will not have a 

‘‘significant economic impact on a 

substantial number of small entities.’’

Document Availability 

13. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http:// 

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5 p.m. 

Eastern time) at 888 First Street, NE., 

Room 2A, Washington DC 20426. 

14. From the Commission’s Home 

Page on the Internet, this information is 

available in the Commission’s document 

management system, eLibrary. The full 

text of this document is available on 

eLibrary in PDF and Microsoft Word 

format for viewing, printing, and/or 

downloading. To access this document 

in eLibrary, type the docket number 

excluding the last three digits of this 

document in the docket number field. 

15. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours. For 

assistance, please contact FERC Online 

Support at 1–866–208–3676 (toll free) or 

202–502–6652 (e-mail at FERCOnlineSupport@ferc.gov) or the Public 

Reference Room at 202–502–8371, TTY 

202–502–8659 (e-mail at 

public.referenceroom@ferc.gov). 

Administrative Findings and Effective 

Date 

16. The Administrative Procedure Act 

(APA)11 requires rulemakings to be 

published in the Federal Register. The 

APA also mandates that an opportunity 

for comments be provided when an 

agency promulgates regulations. 

However, notice and comment are not 

required under the APA when the 

agency for good cause finds that notice 

and public procedure thereon are 

impracticable, unnecessary or contrary 

to the public interest.12

17. The Commission finds that notice 

and comment are unnecessary for this 

rulemaking. As explained above, this 

Final Rule is merely procedural in 

nature. The Commission is not 

substantively revising the information 

utilities file in the Form 714. The 

Commission is merely requiring 

electronic filing of the Form 714 using 

software analogous to software 

developed by the Commission for the 

collection of other information from the 

same utilities that currently file Form 

714, e.g., Forms 1, 3Q and 516. 

18. This Final Rule is effective May 

29, 2007. 

Congressional Notification 

19. The provisions of the Small 

Business Regulatory Enforcement 

Fairness Act of 199613 regarding 

Congressional review of Final Rules do 

not apply to this Final Rule, because the 

rule concerns agency procedure and 

practice and will not substantially affect 

the substantive rights of non-agency 

parties.14

List of subjects 

18 CFR Part 141 

Electric power, Reporting and 

recordkeeping requirements. 

18 CFR Part 385 

Administrative practice and 

procedure, Electric power, Penalties, 

Pipelines, Reporting and recordkeeping 

requirements. 

By the Commission. 

Philis J. Posey, 

Deputy Secretary. 

■ In consideration of the foregoing, the 

Commission amends parts 141 and 385, 

Chapter I, Title 18, Code of Federal 

Regulations, as follows: 

PART 141—STATEMENTS AND 

REPORTS (SCHEDULES) 

■ 1. The authority citation for part 141 

continues to read as follows: 

Authority: 15 U.S.C. 79; 16 U.S.C. 791a–

828c, 2601–2645; 31 U.S.C. 9701; 42 U.S.C. 

7101–7352. 

■ 2. In § 141.51, the section heading, 

and paragraphs (a)(1) and (c) are revised 

to read as follows: 

§ 141.51 FERC Form No. 714, Annual 

Electric Balancing Authority Area and 

Planning Area Report. 

(a) Who must file. (1) Any electric 

utility, as defined by section 3(4) of the 

Public Utility Regulatory Policies Act, 

16 U.S.C. 2602, operating a balancing 

authority area, and any group of electric 

utilities, which by way of contractual 

arrangements operates as a single 

balancing authority area, must complete 

and file the applicable schedules in 

FERC Form No. 714 with the Federal 

Energy Regulatory Commission. 

* * * * * 

(c) What to file. FERC Form No. 714, 

Annual Electric Balancing Authority 

Area and Planning Area Report, must be 

filed with the Federal Energy Regulatory 

Commission as prescribed in § 385.2011 

of this chapter and as indicated in the 

General Instructions set out in this form. 

PART 385—RULES OF PRACTICE AND 

PROCEDURE 

■ 3. The authority citation for part 385 

continues to read as follows: 

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717z, 3301–3432; 16 U.S.C.791a–825v, 

2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 

9701; 42 U.S.C. 7101–7352, 16441, 16451–

16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 

(1988). 

■ 4. In § 385.2011, paragraph (a)(10) is 

added and paragraph (c)(3) is revised to 

read as follows: 

§ 385.2011 Procedures for filing on 

electronic media (Rule 2011). 

(a) * * * 

(10) FERC Form No. 714, Annual 

Electric Balancing Authority Area and 

Planning Area Report. 

* * * * * 

(c) * * * 

(3) With the exception of the FERC 

Form Nos. 1, 2, 2–A, 6, 60, and 714, the 

electronic media must be accompanied 

by the traditional prescribed number of 

paper copies. 

* * * * * 

[FR Doc. E7–7772 Filed 4–25–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD07–06–050] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Venetian Causeway (West) 

Drawbridge, Atlantic Intracoastal 

Waterway, Mile 1088.6, and Venetian 

Causeway (East) Drawbridge, Biscayne 

Bay, Miami, Miami-Dade County, FL; 

Correction 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; correction. 

SUMMARY: On April 16, 2007, the Coast 

Guard published in the Federal Register 

a final rule that changes the operating 

regulations governing the Venetian 

Causeway (West) drawbridge, Atlantic 

Intracoastal Waterway, mile 1088.6, and 

Venetian Causeway (East) drawbridge, 

Biscayne Bay, Miami, Miami-Dade 

County, Florida. Inadvertently, under 


pwalker on PROD1PC71 with RULES
20726 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

the second amendatory instruction, the 

wrong section number was used in the 

section heading. This document corrects 

that incorrect section number. 

DATES: This rule is effective May 16, 

2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Lieberum, Seventh Coast Guard 

District, Bridge Branch, telephone 

number 305–415–6744. 

SUPPLEMENTARY INFORMATION: In the 

final rule, published on April 16, 2007, 

(72 FR 18885), the Coast Guard changed 

the operating schedule of the Venetian 

Causeway (West) Drawbridge, Atlantic 

Intracoastal Waterway, Mile 1088.6, and 

Venetian Causeway (East) Drawbridge, 

Biscayne Bay, Miami, Miami-Dade 

County, FL. In the second amendatory 

instruction, the amendatory instruction 

directs a revision to § 117.261, however, 

in the heading to the section being 

revised, the section number is listed as 

§ 117.287, even though the heading used 

is that listed for § 117.261 (Atlantic 

Intracoastal Waterway from St. Mary’s 

to Key Largo). This correction fixes the 

error in the section number listed in the 

section heading. 

PART 117—[CORRECTED] 

■ In FR Doc. E7–7157 published on 

April 16, 2007, (72 FR 18885), make the 

following correction. On page 18886, in 

the third column, change the section 

heading under amendatory instruction 2 

to read as follows: 

§ 117.261 Atlantic Intracoastal Waterway 

from St. Marys River to Key Largo. 

Dated: April 19, 2007. 

Steve Venckus, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. E7–7949 Filed 4–25–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–015] 

RIN 1625–AA00 

Safety Zone; Port Pirate Festival 

Fireworks, Port Washington Harbor, 

Port Washington, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

Port Washington Harbor, Port 

Washington, WI. This zone is intended 

to restrict vessels from a portion of Port 

Washington Harbor and Lake Michigan 

during the Port Pirate Festival fireworks 

display. This temporary safety zone is 

necessary to protect spectators and 

vessels from the hazards associated with 

fireworks displays. 

DATES: This rule is effective from 8 p.m. 

to 11 p.m. (local) on June 2, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD09–07–

015 and are available for inspection or 

copying at U.S. Coast Guard Sector Lake 

Michigan, 2420 South Lincoln Memorial 

Drive, Milwaukee, Wisconsin 53207, 

between 8:30 a.m. (local) and 3:00 p.m. 

(local), Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Chief Warrant Officer Brad Hinken, U.S. 

Coast Guard Sector Lake Michigan, 

Prevention Department, 2420 South 

Lincoln Memorial Drive, Milwaukee, 

Wisconsin 53207, (414) 747–7154. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The permit 

application was not received in time to 

publish an NPRM followed by a final 

rule before the effective date. Under 5 

U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

contrary to the public interest of 

ensuring the safety of spectators and 

vessels during this event and immediate 

action is necessary to prevent possible 

loss of life or property. The Coast Guard 

has not received any complaints or 

negative comments previously with 

regard to this event. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a fireworks display. Based on 

accidents that have occurred in other 

Captain of the Port zones, and the 

explosive hazards of fireworks, the 

Captain of the Port Lake Michigan has 

determined fireworks launches in close 

proximity to watercraft pose significant 

risk to public safety and property. The 

likely combination of large numbers of 

recreation vessels, congested waterways, 

darkness punctuated by bright flashes of 

light, alcohol use, and debris falling into 

the water could easily result in serious 

injuries or fatalities. Establishing a 

safety zone to control vessel movement 

around the location of the launch 

platform will help ensure the safety of 

persons and property at these events 

and help minimize the associated risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of spectators and 

vessels during the setup, loading and 

launching of a fireworks display in 

conjunction with the Port Pirate Festival 

fireworks display. The fireworks display 

will occur between 8 p.m. (local) and 11 

p.m. (local) on June 2, 2007. 

The safety zone for the fireworks will 

encompass all waters of Port 

Washington Harbor and Lake Michigan 

within the arc of a circle with a 1000- 

foot radius from the fireworks launch 

site located in position 43°23′07′′ N, 

087°51′54′′ W (NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene representative. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan or his designated onscene representative. The Captain of the 

Port or his designated on-scene 

representative may be contacted via 

VHF Channel 16. 

Regulatory Evaluation 

This 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. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zone and the zone is 

an area where the Coast Guard expects 

insignificant adverse impact to mariners 

from the zone’s activation. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 


pwalker on PROD1PC71 with RULES