23778 Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Proposed Rules 

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 

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. 

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 

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., 

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 

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. 


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Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Proposed Rules 23779 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

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

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. 

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 

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. 

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[deg]00[min]45[sec] N, 

114[deg]38[min]16[sec] 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 

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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