Indian Electric Power Utilities, 61193-61199 [2017-27668]

Download as PDF Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules Drinking Water of Animals (21 CFR part 573) to provide for the safe use of glyceryl polyethylene glycol (15) ricinoleate as an emulsifier in animal food that does not include food for cats, dogs, vitamin premixes, or aquaculture. Interested persons were originally given until October 23, 2017, to comment on the petitioner’s environmental assessment. The environmental assessment was not placed on public display until October 13, 2017. On our own initiative, we are reopening the comment period to allow potential respondents to thoroughly evaluate and address pertinent environmental issues. The Agency believes that a 30-day extension allows adequate time for interested persons to submit comments without significantly delaying rulemaking on this important issue. Dated: December 20, 2017. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2017–27840 Filed 12–26–17; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Part 175 [167A2100DD/AAKC001030/ A0A501010.999900 253G] RIN 1076–AF31 Indian Electric Power Utilities Bureau of Indian Affairs, Interior. ACTION: Proposed rule. AGENCY: Current 25 CFR section This proposed rule revises regulations addressing electric power utilities of the Colorado River, Flathead, and San Carlos Indian irrigation projects to use plain language, update definitions, lengthen a regulatory deadline, and make other minor changes. DATES: Comments must be received on or before February 26, 2018. ADDRESSES: You may submit comments by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Search for Docket No. BIA–2016–0002 and follow the instructions for submitting comments. • Mail, Hand Delivery, or Courier: Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs, Attn: 1076– AF31, U.S. Dept. of the Interior, 1849 C Street NW, Mail Stop 3642, Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary—Indian Affairs; telephone (202) 273–4680, elizabeth.appel@ bia.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background II. Description of Changes III. Procedural Requirements A. Regulatory Planning and Review (E.O.s 12866 and 13563) and Reducing Regulation and Controlling Regulatory Costs (E.O. 13771) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act E. Takings (E.O. 12630) F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) H. Consultation With Indian Tribes (E.O. 13175) Proposed 25 CFR section daltland on DSKBBV9HB2PROD with PROPOSALS Definitions ........................... 175.100 What terms know for this part? 175.2 Purpose .............................. 175.3 Compliance ......................... 175.4 Authority of area director .... 175.105 What is the purpose of this part? 175.110 Does this part apply to me? N/A ................................................. 20:10 Dec 26, 2017 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) L. Clarity of This Regulation I. Background Various statutes provide the Bureau of Indian Affairs (BIA) with authority to issue this regulation and for administering electric power utilities for the Colorado River, Flathead (Mission Valley Power), and San Carlos Indian irrigation projects. For example, see 5 U.S.C. 301; 25 U.S.C. 13; 25 U.S.C. 385c; 43 Stat. 475–76; 45 Stat. 210–13; 49 Stat. 1039–40; 49 Stat. 1822–23; 54 Stat. 422; 62 Stat. 269–73; 65 Stat. 254; 99 Stat. 319–20. Each of these power projects provides energy, transmission, and distribution of electrical services to customers in their respective service areas. BIA (or the contracting/ compacting Indian Tribe) provides oversight and limited technical assistance for power projects and conducts operations and maintenance of the distribution systems. The regulations addressing BIA’s administration of the power utilities are at 25 CFR part 175, Indian Electric Power Utilities. These regulations were last updated in 1991. II. Description of Changes The revisions being proposed today are intended to make the regulations more user-friendly through plain language. The proposed rule would also update definitions, lengthen the time by which BIA must issue a decision on an appeal from 30 days to 60 days (by referring to 25 CFR 2.19(a)), and require publication of rate adjustments in the Federal Register. The following tables summarize the proposed changes: Summary of proposed changes 175.1 VerDate Sep<11>2014 should 61193 I Deletes the definitions of ‘‘appellant’’ and ‘‘officer-in-charge.’’ Adds definitions for ‘‘bill,’’ ‘‘CFR,’’ ‘‘day(s),’’ ‘‘delinquent,’’ ‘‘due date,’’ ‘‘electric energy,’’ ‘‘energy,’’ ‘‘fee,’’ ‘‘I, me, my, you, and your,’’ ‘‘must,’’ ‘‘past due bill,’’ ‘‘power,’’ ‘‘public notice,’’ ‘‘purchased power,’’ ‘‘taxpayer identification number,’’ ‘‘utility(ies),’’ and ‘‘we, us, and our.’’ Replaces definition of ‘‘Area Director’’ with a definition of ‘‘BIA.’’ Revises the definition of ‘‘customer,’’ ‘‘electric power utility,’’ ‘‘electric service,’’ ‘‘operations manual,’’ ‘‘service,’’ ‘‘service fee.’’ Revises the definition of ‘‘power rate’’ and replaces it with the terms ‘‘rate’’ and ‘‘electric power rate.’’ Revises the definition of ‘‘service agreement’’ and replaces it with the term ‘‘agreement.’’ Revises the definition of ‘‘special contract’’ and replaces it with the term ‘‘special agreement.’’ Revises for plain language. Revises for plain language. Deletes provisions containing delegations of authority to eliminate possible conflicts with the Departmental Delegations of Authority. Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1 61194 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules Current 25 CFR section Proposed 25 CFR section Summary of proposed changes Revises for plain language, deletes specific means by which public notice of changes will be provided, and incorporates instead the definition of ‘‘public notice,’’ which provides for publishing information consistent with the operations manual. Revises for plain language. 175.22 Requirements for receiving electrical service. 175.23 Customer responsibilities 175.115 How does BIA administer its electric power utilities? 175.120 What are Operations Manuals? 175.600 How does the Paperwork Reduction Act affect this part? 175.200 Why does BIA collect revenue from you and the other customers it serves, and how is that revenue used? 175.205 When are BIA rates and fees reviewed? 175.210 What is BIA’s procedure for setting service fees? 175.215 What is BIA’s procedure for adjusting electric power rates? 175.220 How long do rate and fee adjustments stay in effect? 175.235 How does BIA include changes in purchased power costs to our electric power rates? N/A ................................................. 175.315 What will happen if I do not pay my bill? 175.125 How do I request and receive service? N/A ................................................. 175.24 Utility responsibilities ........ N/A ................................................. 175.30 Billing ................................ 175.300 How does BIA calculate my electric bill? 175.310 How do I pay my bill? 175.5 Operations manual ............. 175.6 Information collection .......... 175.10 Revenues collected from power operations. 175.11 Procedures for setting service fees. 175.12 Procedures for adjusting electric power rates except for adjustments due to changes in the cost of purchased power or energy. 175.13 Procedures for adjusting electric power rates to reflect changes in the cost of purchased power or energy. 175.20 Gratuities .......................... 175.21 Discontinuance of service 175.31 Methods payment. 175.32 and terms of Collections ........................ 175.40 Financing and upgrades. of extensions 175.50 Obtaining rights-of-way ..... 175.51 175.60 tor. Ownership. Appeals to the area direc- 175.315 What will happen if I do not pay my bill? 175.320 What will happen if my service is disconnected and my account remains delinquent? 175.400 Will the utility extend or upgrade its electric system to serve new or increased loads? 175.500 How does BIA manage rights-of-way? Revises for plain language and deletes amortization as an example for what BIA may use revenue. Deletes provisions containing delegations of authority to eliminate possible conflicts with Departmental Delegations of Authority. Adds a requirement for BIA to publish a proposed rate adjustment in the Federal Register. Revises for plain language. This section is deleted because it is already addressed by other laws. Revises for plain language. Revises for plain language. Deleted because this provision is for a project-specific authority addressed at the local BIA level. Incorporates the substance into proposed sections 175.115 and 175.120, which refer to operations manual instead of setting out responsibilities. Revises for plain language. Replaces provision stating that the utility may refuse, for cause, to accept personal checks with a general statement that the electric utility that serves you may provide additional requirements. Revises for plain language. Revises to direct customers to contact the electric power utility for more information. Revises to direct customers to contact the electric power utility for more information. 175.145 Can I appeal a BIA decision? Combines current sections 175.60 and 175.61 into a paragraph that refers to 25 CFR part 2 rather than explicitly stating appeal procedures. Increases the time by which BIA must issue a decision on an appeal from 30 days to 60 days (see 25 CFR 2.19(a)). Adds a new paragraph (b) to clarify that a customer must pay the bill to continue to receive service. Incorporates section 175.62 into new paragraphs (c) through (e). Current 25 CFR section Proposed 25 CFR section Summary of proposed changes N/A .................................................. 175.130 What information must I provide when I request service? 175.135 Why is BIA collecting this information? daltland on DSKBBV9HB2PROD with PROPOSALS 175.61 Appeals to the Interior Board of Indian Appeals. 175.62 Utility actions pending the appeal process. New Provisions N/A .................................................. VerDate Sep<11>2014 20:10 Dec 26, 2017 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 New section. New section. Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules Current 25 CFR section Proposed 25 CFR section N/A .................................................. 175.140 What is BIA’s authority to collect my taxpayer identification number? 175.225 What is the Federal Register, and where can I get it? 175.230 Why are changes to purchased power costs not included in the procedure for adjusting electric power rates? 175.320 What will happen if my service is disconnected and my account remains delinquent? 175.305 When is my bill due? N/A .................................................. N/A .................................................. N/A .................................................. N/A .................................................. III. Procedural Requirements A. Regulatory Planning and Review (E.O.s 12866 and 13563) and Reducing Regulation and Controlling Regulatory Costs (E.O. 13771) daltland on DSKBBV9HB2PROD with PROPOSALS Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. This proposed rule is not expected to be an E.O. 13771 regulatory action because this proposed rule is not significant under E.O. 12866. Summary of proposed changes New section. New section. New section. New section. New section. C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more; (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. D. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. E. Takings (E.O. 12630) This rule does not effect a taking of private property or otherwise have taking implications under E.O. 12630. A takings implication assessment is not required. B. Regulatory Flexibility Act F. Federalism (E.O. 13132) This document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rule does not make any changes to electric power rates or service fees. Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism summary impact statement. A Federalism summary impact statement is not required. VerDate Sep<11>2014 20:10 Dec 26, 2017 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 61195 Sfmt 4702 G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of E.O. 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy) The Department of the Interior strives to strengthen its government-togovernment relationship with Indian Tribes through a commitment to consult with Indian Tribes and recognize their right to self-governance and Tribal sovereignty. We have evaluated this rule under the Department’s consultation policy and under the criteria in E.O. 13175 for substantial direct effects on federally recognized Indian Tribes and have consulted with those Tribes served by the electric power utilities subject to this rule. We hosted two in-person Tribal consultation sessions in the vicinity of Tribes served by the electric power utilities: one on April 14, 2016, in Pablo, Montana, and one on April 19, 2016, in Phoenix, Arizona. One Tribe submitted comments on the draft regulation, to which we have responded by letter because the comments are primarily unique to the local utility. If any Tribe would like additional consultation opportunities on these regulatory changes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice, preferably within the first 30 days of the comment period. I. Paperwork Reduction Act The information collection requirements contained in 25 CFR part 175 are authorized by OMB Control E:\FR\FM\27DEP1.SGM 27DEP1 61196 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules Number 1076–0021, with an expiration date of June 30, 2019. A submission to the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required because this proposed rule would not affect the information collection requirements contained in 25 CFR part 175. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. J. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because the rule is covered by a categorical exclusion. This rule is excluded from the requirement to prepare a detailed statement because it is a regulation of an administrative nature. (For further information, see 43 CFR 46.210(i).) We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. K. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in E.O. 13211. A Statement of Energy Effects is not required. daltland on DSKBBV9HB2PROD with PROPOSALS L. Clarity of This Regulation We are required by Executive Orders 12866 (section 1(b)(12)), 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use common, everyday words and clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you think lists or tables would be useful, etc. VerDate Sep<11>2014 20:10 Dec 26, 2017 Jkt 244001 List of Subjects in 25 CFR Part 175 Administrative practice and procedure, Electric power, Indianslands, Reporting and recordkeeping requirements. For the reasons given in the preamble, the Bureau of Indian Affairs, Department of the Interior proposes to amend chapter 1 of title 25 Code of Federal Regulations by revising part 175 to read as follows: PART 175—INDIAN ELECTRIC POWER UTILITIES Subpart A—General Provisions Sec. 175.100 What terms should I know for this part? 175.105 What is the purpose of this part? 175.110 Does this part apply to me? 175.115 How does BIA administer its electric power utilities? 175.120 What are Operations Manuals? 175.125 How do I request and receive service? 175.130 What information must I provide when I request service? 175.135 Why is BIA collecting this information? 175.140 What is BIA’s authority to collect my taxpayer identification number? 175.145 Can I appeal a BIA decision? Subpart B—Service Fees, Electric Power Rates and Revenues 175.200 Why does BIA collect revenue from you and the other customers it serves, and how is that revenue used? 175.205 When are BIA rates and fees reviewed? 175.210 What is BIA’s procedure for adjusting service fees? 175.215 What is BIA’s procedure for adjusting electric power rates? 175.220 How long do rate and fee adjustments stay in effect? 175.225 What is the Federal Register, and where can I get it? 175.230 Why are changes to purchased power costs not included in the procedure for adjusting electric power rates? 175.235 How does BIA include changes in purchased power costs to our electric power rates? Subpart C—Billing, Payments, and Collections 175.300 How does BIA calculate my electric power bill? 175.305 When is my bill due? 175.310 How do I pay my bill? 175.315 What will happen if I do not pay my bill? 175.320 What will happen if my service is disconnected and my account remains delinquent? Subpart D—System Extensions and Upgrades, Rights-of-Way, and Paperwork Reduction Act 175.400 Will the utility extend or upgrade its electric system to serve new or increased loads? PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 175.500 How does BIA manage rights-ofway? 175.600 How does the Paperwork Reduction Act affect this part? Authority: 5 U.S.C. 301; 25 U.S.C. 13; 25 U.S.C. 385c; 43 Stat. 475–76; 45 Stat. 210–13; 49 Stat. 1039–40; 49 Stat. 1822–23; 54 Stat. 422; 62 Stat. 269–73; 65 Stat. 254; 99 Stat. 319–20. Subpart A—General Provisions § 175.100 What terms should I know for this part? Agreement means the executed written form between you and the utility providing your service, except for service provided under a Special Agreement. BIA means the Bureau of Indian Affairs within the United States Department of the Interior or the BIA’s authorized representative. Bill means our written statement notifying you of the charges and/or fees you owe the United States for the administration, operation, maintenance, rehabilitation, and/or construction of the electric power utility servicing you. CFR means Code of Federal Regulations. Customer means any person or entity to whom we provide service. Customer service is the assistance or service provided to customers, except for the actual delivery of electric power or energy. Customer service may include: Line extension, system upgrade, meter testing, connections or disconnection, special meter reading, or other assistance or service as provided in the Operations Manual. Day(s) means calendar day(s). Delinquent means an account that has not been paid and settled by the due date. Due date means the date by which you must pay your bill. The due date is printed on your bill. Electric energy (see Electric power). Electric power means the energy we deliver to meet customers’ electrical needs. Electric power rate means the charges we establish for delivery of energy to our customers, which includes administration costs and operation and maintenance costs in addition to the cost of purchased power. Electric power utility means all structures, equipment, components, and human resources necessary for the delivery of electric service. Electric service means the delivery of electric power by our utility to our customers. Energy means electric power. Fee (see Service fee). I, me, my, you, and your means all interested parties, especially persons or E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules entities to which we provide service and receive use of our electric power service. Must means an imperative or mandatory act or requirement. Operations manual means the written policies, practices, procedures and requirements of the utility providing your service. The Operations Manual supplements this Part and includes our responsibilities to our customers and our customers’ responsibilities to the utility. Past due bill means a bill that has not been paid by the due date. Power (see Energy). Public notice is the notice provided by publishing information consistent with the utility’s Operations Manual. Purchased power means the power we must purchase from power marketing providers for resale to our customers to meet changing power demands. Each of our utilities establishes its own power purchasing agreement based on its power demands and firm power availability. Rate (see Electric power rate). Reserve funds means funds held in reserve for maintenance, repairs, or unexpected expenses. Revenue means the monies we collect from our customers through service fees and electric power rates. Service (see Electric service). Service fee means our charge for providing or performing a specific administrative or customer service. Special agreement means a written agreement between you and us for special conditions or circumstances including unmetered services. Taxpayer identification number means either your Social Security Number or your Employer Identification Number. Utility(ies) (see Electric power utility). Utility office(s) means our facility used for conducting business with our customers and the general public. We, us, and our means the United States Government, the Secretary of the Interior, the BIA, and all who are authorized to represent us in matters covered under this Part. § 175.105 What is the purpose of this part? daltland on DSKBBV9HB2PROD with PROPOSALS The purpose of this part is to establish the regulations for administering BIA electric power utilities. § 175.110 Does this part apply to me? This part applies to you if we provide you service or if you request service from us. § 175.115 How does BIA administer its electric power utilities? We promote efficient administration, operation, maintenance, and VerDate Sep<11>2014 20:10 Dec 26, 2017 Jkt 244001 construction of our utilities by following and enforcing: (a) Applicable statutes, regulations, Executive Orders, Indian Affairs manuals, Operations Manuals; (b) Applicable written policies, procedures, directives, safety codes; and (c) Utility industry standards. § 175.120 What are Operations Manuals? (a) We maintain an Operations Manual for each of our utilities. Each utility’s Operations Manual is available at the utility. (b) The Operations Manual sets forth the requirements for the administration, management, policies, and responsibilities of that utility and its customers. (c) We update our Operations Manual for each utility to reflect changing requirements to administer, operate, or maintain that utility. (d) When we determine it necessary to revise an Operations Manual, we will: (1) Provide public notice of the proposed revision; (2) State the effective date of the proposed revision; (3) State how and when to submit your comments on our proposed revision; (4) Provide 30 days from the date of the notice to submit your comments; and (5) Consider your comments and provide notice of our final decision. § 175.125 service? How do I request and receive (a) If you need electrical service in an area where we provide service, you must contact our utility in that service area. (b) To receive service, you must enter into an Agreement with that utility after it has determined that you have met its requirements. § 175.130 What information must I provide when I request service? At a minimum, you must provide the utility with the following information when you request service: (a) Your full legal name or the legal name of the entity needing service; (b) Your taxpayer identification number; (c) Your billing address; (d) Your service address; and (e) Any additional information required by the utility. § 175.135 Why is BIA collecting this information? We are collecting this information so we can: (a) Provide you with service; (b) Bill you for the service we provide; and PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 61197 (c) Account for monies you pay us, including any deposits as outlined in the Operations Manual. § 175.140 What is BIA’s authority to collect my taxpayer identification number? We are required to collect your taxpayer identification number under the authority of, and as prescribed in, the Debt Collection Improvement Act of 1996, Public Law 104–134 (110 Stat. 1321–364). § 175.145 Can I appeal a BIA decision? (a) You may appeal a decision in accordance with the procedures set out in 25 CFR part 2, unless otherwise prohibited by law. (b) If the appeal involves the discontinuation of service, the utility is not required to resume the service during the appeal process unless the customer meets the utility’s requirements. (c) If you appeal your bill, you must pay your bill in accordance with this part to continue to receive service from us. (1) If the appeal involves the amount of your bill, the bill will be considered paid under protest until the final decision has been rendered on appeal. (2) If you appeal your bill but do not pay the bill in full, you may not continue to receive service from us. If the final decision rendered in the appeal requires payment of the bill, the bill will be handled as a delinquent account and the amount of the bill may be subject to interest, penalties, and administrative costs pursuant to 31 U.S.C. 3717 and 31 CFR 901.9. (3) If the appeal involves an electric power rate, the rate will be applied and remain in effect subject to the final decision on the appeal. Subpart B—Service Fees, Electric Power Rates and Revenues § 175.200 Why does BIA collect revenue from you and the other customers it serves, and how is that revenue used? (a) The revenue we collect from you and the other customers is authorized by 25 U.S.C. 385c (60 Stat. 895, as amended by 65 Stat. 254). (b) The revenue we collect may be used to: (1) Pay for operation and maintenance of the utility; and (2) Maintain Reserve Funds to: (i) Make repairs and replacements to the utility; (ii) Defray emergency expenses; (iii) Ensure the continuous operation of the power system; and (iv) Pay other allowable expenses and obligations to the extent required or permitted by law. E:\FR\FM\27DEP1.SGM 27DEP1 61198 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules § 175.205 When are BIA rates and fees reviewed? We review our rates and fees at least annually to: (a) Determine if our financial requirements are being met to ensure the reliable operation of the utility serving you; and (b) Determine if revenues are sufficient to meet the statutory requirements. § 175.210 What is BIA’s procedure for adjusting service fees? If, based on our annual review, we determine our service fees need to be adjusted: (a) We will notify you at least 30 days prior to the effective date of the adjustment; and (b) We will publish a schedule of the adjusted service fees in a local newspaper(s) and post them in the local utility office serving you. § 175.215 What is BIA’s procedure for adjusting electric power rates? Except for purchased power costs, if we determine electric power rates need to be adjusted, we will: (a) Hold public meetings and notify you of their respective time, date, and location by newspaper notice and a notice posted in the utility office serving you; (b) Provide you notice at least 15 days prior to the meeting; (c) Provide you a description of the proposed rate adjustment; (d) Provide you information on how, where, and when to submit comments on our proposed rate adjustment; (e) Make a final determination on the proposed rate adjustment after all comments have been received, reviewed, and evaluated; and (f) Publish the proposed rate adjustment and the final rate in the Federal Register if we determine the rate adjustment is necessary. § 175.220 How long do rate and fee adjustments stay in effect? These adjustments remain in effect until we conduct a review and determine adjustments are necessary. daltland on DSKBBV9HB2PROD with PROPOSALS § 175.225 What is the Federal Register, and where can I get it? The Federal Register is the official daily publication for rules, proposed rules, and notices of official actions by Federal agencies and organizations, as well as Executive Orders and other Presidential Documents and is produced by the Government Publishing Office (GPO). You can get Federal Register publications by: (a) Visiting www.federalregister.gov or www.gpo.gov/fdsys; VerDate Sep<11>2014 20:10 Dec 26, 2017 Jkt 244001 (b) Writing to the GPO at Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954; or (c) Calling the GPO at (202) 512–1800. § 175.230 Why are changes to purchased power costs not included in the procedure for adjusting electric power rates? Changes to purchased power costs are not included in the procedure for adjusting electric power rates because unforeseen increases in the cost of purchased power are: (a) Not under our control; (b) Determined by current market rates; and (c) Subject to market fluctuations that can occur at an undetermined time and frequency. § 175.235 How does BIA include changes in purchased power costs in electric power rates? When our cost of purchased power changes: (a) We determine the effect of the change; (b) We adjust the purchased power component of your bill accordingly; (c) We add the purchased power adjustment to the existing electric power rate and put it into effect immediately; (d) The purchased power adjustment remains in effect until we determine future adjustments are necessary; (e) We must publish in the local newspaper and post at our office a notice of the purchase power adjustment and the basis for the adjustment; and (f) Our decision to make a purchased power adjustment must be final. Subpart C—Billing, Payments, and Collections § 175.300 How does BIA calculate my electric power bill? (a) We calculate your electric power bill based on the: (1) Current rate schedule for your type service; and (2) Applicable service fees for your type service. (b) If you have a metered service we must: (1) Read your meter monthly; (2) Calculate your bill based on your metered energy consumption; and (3) Issue your bill monthly, unless otherwise provided in a Special Agreement. (c) If we are unable to calculate your metered energy consumption, we must make a reasonable estimate based on one of the following reasons: (1) Your meter has failed; (2) Your meter has been tampered with; or PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 (3) Our utility personnel are unable to read your meter. (d) If you have an unmetered service, we calculate your bill in accordance with your Special Agreement. § 175.305 When is my bill due? The due date is provided on your bill. § 175.310 How do I pay my bill? You may pay your bill by any of the following methods: (a) In person at our utility office; (b) Mail your payment to the address stated on your bill; or (c) As further provided by the electric utility that serves you. § 175.315 my bill? What will happen if I do not pay (a) If you do not pay your bill prior to the close of business on the due date, your bill will be past due. (b) If your bill is past due we may: (1) Disconnect your service; and (2) Not reconnect your service until your bill, including any applicable fees, is paid in full. (c) Specific regulations regarding nonpayment can be found in 25 CFR 143.5(c). § 175.320 What will happen if my service is disconnected and my account remains delinquent? (a) If your service has been disconnected and you still have an outstanding balance, we will assess you interest, penalties, and administrative costs in accordance with 31 CFR 901.9. (b) We must forward your delinquent balance to the United States Treasury if it is not paid within 180 days after the original due date in accordance with 31 CFR 901.1. Subpart D—System Extensions and Upgrades, Rights-of-Way, and Paperwork Reduction Act § 175.400 Will the utility extend or upgrade its electric system to serve new or increased loads? The utility may extend or upgrade its electric system to serve new or increased loads. Contact your electric power utility providing service in your area for further information on new or increased loads. § 175.500 way? How does BIA manage rights-of- Contact your electric power utility providing service in your area for further information on rights-of-way. § 175.600 How does the Paperwork Reduction Act affect this part? The collection of information contained in this part have been approved by the Office of Management E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules and Budget under 44 U.S.C. 3501 et seq. and assigned OMB Control Number 1076–0021. Response is required to obtain a benefit. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless the form or regulation requesting the information displays a currently valid OMB Control Number. Send comments regarding this collection of information, including suggestions for reducing the burden, to the Information Collection Clearance Officer—Indian Affairs, 1849 C Street NW, Washington, DC 20240. Dated: October 19, 2017. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs, Exercising the Authority of the Assistant Secretary—Indian Affairs. [FR Doc. 2017–27668 Filed 12–26–17; 8:45 am] BILLING CODE 4337–15–P notice of proposed rulemaking at 82 FR 60135, December 19, 2017, are still being accepted and must be received by March 19, 2018. ADDRESSES: Send submissions to CC:PA:LPD:PR (REG–119514–15), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG–119514– 15), Courier’s desk, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224, or sent electronically, via the Federal eRulemaking Portal at www.regulations.gov (IRS REG–119514– 15). FOR FURTHER INFORMATION CONTACT: Jeffery G. Mitchell, (202) 317–6934 (not a toll-free number). SUPPLEMENTARY INFORMATION: 61199 center CFC’s foreign currency gains and losses under a variety of theories. No inference is intended in these proposed regulations as to whether these positions are permissible in the years prior to the application of these proposed regulations.’’ Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, Procedure and Administration. [FR Doc. 2017–27865 Filed 12–26–17; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 Background [NPS–PWR–GOGA–24579; PPPWGOGAPO, PPMPSPD1Z.YM0000] 26 CFR Part 1 The proposed regulations that are the subject of this correction are under sections 446, 954 and 988 of the Internal Revenue Code. Withdrawal of Proposed Rule for Dog Management at the Golden Gate National Recreation Area, California [REG–119514–15] Need for Correction AGENCY: DEPARTMENT OF THE TREASURY Internal Revenue Service RIN 1545–BM80 Exclusion of Foreign Currency Gain or Loss Related to Business Needs From Foreign Personal Holding Company Income; Mark-to-Market Method of Accounting for Section 988 Transactions; Correction Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking; correction. AGENCY: This document contains corrections to the proposed regulations (REG–119514–15) that were published in the Federal Register on Tuesday, December 19, 2017. The proposed regulations provide guidance on the treatment of foreign currency gain or loss of a controlled foreign corporation (CFC) under the business needs exclusion from foreign personal holding company income (FPHCI). The proposed regulations also provide an election for a taxpayer to use a mark-tomarket method of accounting for foreign currency gain or loss attributable to section 988 transactions. In addition, the proposed regulations permit the controlling United States shareholders of a CFC to automatically revoke certain elections concerning the treatment of foreign currency gain or loss. DATES: Written or electronic comments and requests for a public hearing, for the daltland on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 20:10 Dec 26, 2017 Jkt 244001 As published, the proposed regulations contain errors which may prove to be misleading and need to be clarified. Correction of Publication Accordingly, the proposed regulations (REG–119514–15) that are the subject of FR Doc. 2017–27320 are corrected as follows: On page 60138, in the preamble, first column, the first full paragraph is corrected to read: ‘‘Although the borrowing and lending in the same nonfunctional currency are economically offsetting, section 475 creates the potential for a mismatch of gains and losses for a treasury center CFC. If the treasury center CFC qualifies as a dealer under section 475, for example because it regularly purchases debt from related CFCs in the ordinary course of a trade or business, the treasury center CFC generally must use a mark-to-market method of accounting for its securities. See section 475 and § 1.475(c)–1(a)(3)(i). However, § 1.475(c)–2(a)(2) provides that a dealer’s own issued debt liabilities are not securities for purposes of section 475. Consequently, a treasury center CFC that marks to market its assets but not its liabilities may recognize any offsetting foreign currency gains and losses in different taxable years. To avoid this mismatch, taxpayers have taken positions that match a treasury PO 00000 Frm 00008 Fmt 4702 Sfmt 9990 ACTION: National Park Service, Interior. Withdrawal of proposed rule. The National Park Service (NPS) no longer intends to prepare a final rule or issue a Golden Gate National Recreation Area dog management plan. The NPS has terminated the rulemaking process. SUMMARY: The proposed rule is withdrawn as of December 27, 2017. DATES: FOR FURTHER INFORMATION CONTACT: Dana Polk, Public Affairs Office, Park Headquarters, Fort Mason, Building 201, San Francisco, CA 94123; phone 415– 561–4728. Pursuant to the National Environmental Policy Act (NEPA) and the regulations implementing NEPA (40 CFR parts 1500–1508 and 43 CFR part 46), the NPS published a proposed rule for dog management on February 24, 2016 (81 FR 9139). The NPS has now cancelled that planning process and terminated the associated NEPA and rulemaking processes. No final rule will be issued. SUPPLEMENTARY INFORMATION: Dated: December 19, 2017. Martha J. Lee, Acting Regional Director, Pacific West Region. [FR Doc. 2017–27827 Filed 12–26–17; 8:45 am] BILLING CODE 4312–52–P E:\FR\FM\27DEP1.SGM 27DEP1

Agencies

[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Proposed Rules]
[Pages 61193-61199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27668]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 175

[167A2100DD/AAKC001030/A0A501010.999900 253G]
RIN 1076-AF31


Indian Electric Power Utilities

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule revises regulations addressing electric 
power utilities of the Colorado River, Flathead, and San Carlos Indian 
irrigation projects to use plain language, update definitions, lengthen 
a regulatory deadline, and make other minor changes.

DATES: Comments must be received on or before February 26, 2018.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Search 
for Docket No. BIA-2016-0002 and follow the instructions for submitting 
comments.
     Mail, Hand Delivery, or Courier: Elizabeth Appel, 
Director, Office of Regulatory Affairs and Collaborative Action--Indian 
Affairs, Attn: 1076-AF31, U.S. Dept. of the Interior, 1849 C Street NW, 
Mail Stop 3642, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs and Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs; telephone (202) 273-4680, 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background
II. Description of Changes
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O.s 12866 and 13563) and 
Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement Fairness Act
    D. Unfunded Mandates Reform Act
    E. Takings (E.O. 12630)
    F. Federalism (E.O. 13132)
    G. Civil Justice Reform (E.O. 12988)
    H. Consultation With Indian Tribes (E.O. 13175)
    I. Paperwork Reduction Act
    J. National Environmental Policy Act
    K. Effects on the Energy Supply (E.O. 13211)
    L. Clarity of This Regulation

I. Background

    Various statutes provide the Bureau of Indian Affairs (BIA) with 
authority to issue this regulation and for administering electric power 
utilities for the Colorado River, Flathead (Mission Valley Power), and 
San Carlos Indian irrigation projects. For example, see 5 U.S.C. 301; 
25 U.S.C. 13; 25 U.S.C. 385c; 43 Stat. 475-76; 45 Stat. 210-13; 49 
Stat. 1039-40; 49 Stat. 1822-23; 54 Stat. 422; 62 Stat. 269-73; 65 
Stat. 254; 99 Stat. 319-20. Each of these power projects provides 
energy, transmission, and distribution of electrical services to 
customers in their respective service areas. BIA (or the contracting/
compacting Indian Tribe) provides oversight and limited technical 
assistance for power projects and conducts operations and maintenance 
of the distribution systems.
    The regulations addressing BIA's administration of the power 
utilities are at 25 CFR part 175, Indian Electric Power Utilities. 
These regulations were last updated in 1991.

II. Description of Changes

    The revisions being proposed today are intended to make the 
regulations more user-friendly through plain language. The proposed 
rule would also update definitions, lengthen the time by which BIA must 
issue a decision on an appeal from 30 days to 60 days (by referring to 
25 CFR 2.19(a)), and require publication of rate adjustments in the 
Federal Register. The following tables summarize the proposed changes:

------------------------------------------------------------------------
                                 Proposed 25 CFR    Summary of proposed
    Current 25 CFR section           section              changes
------------------------------------------------------------------------
175.1 Definitions.............  175.100 What       Deletes the
                                 terms should I     definitions of
                                 know for this      ``appellant'' and
                                 part?              ``officer-in-
                                                    charge.''
                                                   Adds definitions for
                                                    ``bill,'' ``CFR,''
                                                    ``day(s),''
                                                    ``delinquent,''
                                                    ``due date,''
                                                    ``electric energy,''
                                                    ``energy,'' ``fee,''
                                                    ``I, me, my, you,
                                                    and your,''
                                                    ``must,'' ``past due
                                                    bill,'' ``power,''
                                                    ``public notice,''
                                                    ``purchased power,''
                                                    ``taxpayer
                                                    identification
                                                    number,''
                                                    ``utility(ies),''
                                                    and ``we, us, and
                                                    our.''
                                                   Replaces definition
                                                    of ``Area Director''
                                                    with a definition of
                                                    ``BIA.''
                                                   Revises the
                                                    definition of
                                                    ``customer,''
                                                    ``electric power
                                                    utility,''
                                                    ``electric
                                                    service,''
                                                    ``operations
                                                    manual,''
                                                    ``service,''
                                                    ``service fee.''
                                                   Revises the
                                                    definition of
                                                    ``power rate'' and
                                                    replaces it with the
                                                    terms ``rate'' and
                                                    ``electric power
                                                    rate.''
                                                   Revises the
                                                    definition of
                                                    ``service
                                                    agreement'' and
                                                    replaces it with the
                                                    term ``agreement.''
                                                   Revises the
                                                    definition of
                                                    ``special contract''
                                                    and replaces it with
                                                    the term ``special
                                                    agreement.''
175.2 Purpose.................  175.105 What is    Revises for plain
                                 the purpose of     language.
                                 this part?
175.3 Compliance..............  175.110 Does this  Revises for plain
                                 part apply to      language.
                                 me?
175.4 Authority of area         N/A..............  Deletes provisions
 director.                                          containing
                                                    delegations of
                                                    authority to
                                                    eliminate possible
                                                    conflicts with the
                                                    Departmental
                                                    Delegations of
                                                    Authority.

[[Page 61194]]

 
175.5 Operations manual.......  175.115 How does   Revises for plain
                                 BIA administer     language, deletes
                                 its electric       specific means by
                                 power utilities?   which public notice
                                175.120 What are    of changes will be
                                 Operations         provided, and
                                 Manuals?.          incorporates instead
                                                    the definition of
                                                    ``public notice,''
                                                    which provides for
                                                    publishing
                                                    information
                                                    consistent with the
                                                    operations manual.
175.6 Information collection..  175.600 How does   Revises for plain
                                 the Paperwork      language.
                                 Reduction Act
                                 affect this
                                 part?
175.10 Revenues collected from  175.200 Why does   Revises for plain
 power operations.               BIA collect        language and deletes
                                 revenue from you   amortization as an
                                 and the other      example for what BIA
                                 customers it       may use revenue.
                                 serves, and how
                                 is that revenue
                                 used?
                                175.205 When are
                                 BIA rates and
                                 fees reviewed?.
175.11 Procedures for setting   175.210 What is    Deletes provisions
 service fees.                   BIA's procedure    containing
                                 for setting        delegations of
                                 service fees?      authority to
                                                    eliminate possible
                                                    conflicts with
                                                    Departmental
                                                    Delegations of
                                                    Authority.
175.12 Procedures for           175.215 What is    Adds a requirement
 adjusting electric power        BIA's procedure    for BIA to publish a
 rates except for adjustments    for adjusting      proposed rate
 due to changes in the cost of   electric power     adjustment in the
 purchased power or energy.      rates?             Federal Register.
                                175.220 How long
                                 do rate and fee
                                 adjustments stay
                                 in effect?.
175.13 Procedures for           175.235 How does   Revises for plain
 adjusting electric power        BIA include        language.
 rates to reflect changes in     changes in
 the cost of purchased power     purchased power
 or energy.                      costs to our
                                 electric power
                                 rates?
175.20 Gratuities.............  N/A..............  This section is
                                                    deleted because it
                                                    is already addressed
                                                    by other laws.
175.21 Discontinuance of        175.315 What will  Revises for plain
 service.                        happen if I do     language.
                                 not pay my bill?
175.22 Requirements for         175.125 How do I   Revises for plain
 receiving electrical service.   request and        language.
                                 receive service?
175.23 Customer                 N/A..............  Deleted because this
 responsibilities.                                  provision is for a
                                                    project-specific
                                                    authority addressed
                                                    at the local BIA
                                                    level.
175.24 Utility                  N/A..............  Incorporates the
 responsibilities.                                  substance into
                                                    proposed sections
                                                    175.115 and 175.120,
                                                    which refer to
                                                    operations manual
                                                    instead of setting
                                                    out
                                                    responsibilities.
175.30 Billing................  175.300 How does   Revises for plain
                                 BIA calculate my   language.
                                 electric bill?
175.31 Methods and terms of     175.310 How do I   Replaces provision
 payment.                        pay my bill?       stating that the
                                                    utility may refuse,
                                                    for cause, to accept
                                                    personal checks with
                                                    a general statement
                                                    that the electric
                                                    utility that serves
                                                    you may provide
                                                    additional
                                                    requirements.
175.32 Collections............  175.315 What will  Revises for plain
                                 happen if I do     language.
                                 not pay my bill?
                                175.320 What will
                                 happen if my
                                 service is
                                 disconnected and
                                 my account
                                 remains
                                 delinquent?.
175.40 Financing of extensions  175.400 Will the   Revises to direct
 and upgrades.                   utility extend     customers to contact
                                 or upgrade its     the electric power
                                 electric system    utility for more
                                 to serve new or    information.
                                 increased loads?
175.50 Obtaining rights-of-way  175.500 How does   Revises to direct
                                 BIA manage         customers to contact
                                 rights-of-way?     the electric power
                                                    utility for more
                                                    information.
175.51 Ownership.
175.60 Appeals to the area      175.145 Can I      Combines current
 director.                       appeal a BIA       sections 175.60 and
                                 decision?          175.61 into a
                                                    paragraph that
                                                    refers to 25 CFR
                                                    part 2 rather than
                                                    explicitly stating
                                                    appeal procedures.
                                                    Increases the time
                                                    by which BIA must
                                                    issue a decision on
                                                    an appeal from 30
                                                    days to 60 days (see
                                                    25 CFR 2.19(a)).
                                                   Adds a new paragraph
                                                    (b) to clarify that
                                                    a customer must pay
                                                    the bill to continue
                                                    to receive service.
                                                   Incorporates section
                                                    175.62 into new
                                                    paragraphs (c)
                                                    through (e).
175.61 Appeals to the Interior
 Board of Indian Appeals.
175.62 Utility actions pending
 the appeal process.
------------------------------------------------------------------------

New Provisions

------------------------------------------------------------------------
                                 Proposed 25 CFR    Summary of proposed
    Current 25 CFR section           section              changes
------------------------------------------------------------------------
N/A...........................  175.130 What       New section.
                                 information must
                                 I provide when I
                                 request service?
N/A...........................  175.135 Why is     New section.
                                 BIA collecting
                                 this
                                 information?

[[Page 61195]]

 
N/A...........................  175.140 What is    New section.
                                 BIA's authority
                                 to collect my
                                 taxpayer
                                 identification
                                 number?
N/A...........................  175.225 What is    New section.
                                 the Federal
                                 Register, and
                                 where can I get
                                 it?
N/A...........................  175.230 Why are    New section.
                                 changes to
                                 purchased power
                                 costs not
                                 included in the
                                 procedure for
                                 adjusting
                                 electric power
                                 rates?
N/A...........................  175.320 What will  New section.
                                 happen if my
                                 service is
                                 disconnected and
                                 my account
                                 remains
                                 delinquent?
N/A...........................  175.305 When is    New section.
                                 my bill due?
------------------------------------------------------------------------

III. Procedural Requirements

A. Regulatory Planning and Review (E.O.s 12866 and 13563) and Reducing 
Regulation and Controlling Regulatory Costs (E.O. 13771)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs in the Office of Management and 
Budget will review all significant rules. The Office of Information and 
Regulatory Affairs has determined that this rule is not significant.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.
    This proposed rule is not expected to be an E.O. 13771 regulatory 
action because this proposed rule is not significant under E.O. 12866.

B. Regulatory Flexibility Act

    This document will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) because the rule does not make any changes 
to electric power rates or service fees.

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more;
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions;
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

D. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

E. Takings (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under E.O. 12630. A takings implication 
assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this rule does not 
have sufficient Federalism implications to warrant the preparation of a 
Federalism summary impact statement. A Federalism summary impact 
statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consult with Indian Tribes and recognize their right to 
self-governance and Tribal sovereignty. We have evaluated this rule 
under the Department's consultation policy and under the criteria in 
E.O. 13175 for substantial direct effects on federally recognized 
Indian Tribes and have consulted with those Tribes served by the 
electric power utilities subject to this rule. We hosted two in-person 
Tribal consultation sessions in the vicinity of Tribes served by the 
electric power utilities: one on April 14, 2016, in Pablo, Montana, and 
one on April 19, 2016, in Phoenix, Arizona. One Tribe submitted 
comments on the draft regulation, to which we have responded by letter 
because the comments are primarily unique to the local utility. If any 
Tribe would like additional consultation opportunities on these 
regulatory changes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this notice, preferably within the first 
30 days of the comment period.

I. Paperwork Reduction Act

    The information collection requirements contained in 25 CFR part 
175 are authorized by OMB Control

[[Page 61196]]

Number 1076-0021, with an expiration date of June 30, 2019. A 
submission to the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.) is not required because this 
proposed rule would not affect the information collection requirements 
contained in 25 CFR part 175. We may not conduct or sponsor, and you 
are not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because the rule is covered by a categorical exclusion. This 
rule is excluded from the requirement to prepare a detailed statement 
because it is a regulation of an administrative nature. (For further 
information, see 43 CFR 46.210(i).) We have also determined that the 
rule does not involve any of the extraordinary circumstances listed in 
43 CFR 46.215 that would require further analysis under NEPA.

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

L. Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), 12988 
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you think lists or tables would be useful, 
etc.

List of Subjects in 25 CFR Part 175

    Administrative practice and procedure, Electric power, Indians-
lands, Reporting and recordkeeping requirements.

    For the reasons given in the preamble, the Bureau of Indian 
Affairs, Department of the Interior proposes to amend chapter 1 of 
title 25 Code of Federal Regulations by revising part 175 to read as 
follows:

PART 175--INDIAN ELECTRIC POWER UTILITIES

Subpart A--General Provisions
Sec.
175.100 What terms should I know for this part?
175.105 What is the purpose of this part?
175.110 Does this part apply to me?
175.115 How does BIA administer its electric power utilities?
175.120 What are Operations Manuals?
175.125 How do I request and receive service?
175.130 What information must I provide when I request service?
175.135 Why is BIA collecting this information?
175.140 What is BIA's authority to collect my taxpayer 
identification number?
175.145 Can I appeal a BIA decision?
Subpart B--Service Fees, Electric Power Rates and Revenues
175.200 Why does BIA collect revenue from you and the other 
customers it serves, and how is that revenue used?
175.205 When are BIA rates and fees reviewed?
175.210 What is BIA's procedure for adjusting service fees?
175.215 What is BIA's procedure for adjusting electric power rates?
175.220 How long do rate and fee adjustments stay in effect?
175.225 What is the Federal Register, and where can I get it?
175.230 Why are changes to purchased power costs not included in the 
procedure for adjusting electric power rates?
175.235 How does BIA include changes in purchased power costs to our 
electric power rates?
Subpart C--Billing, Payments, and Collections
175.300 How does BIA calculate my electric power bill?
175.305 When is my bill due?
175.310 How do I pay my bill?
175.315 What will happen if I do not pay my bill?
175.320 What will happen if my service is disconnected and my 
account remains delinquent?
Subpart D--System Extensions and Upgrades, Rights-of-Way, and Paperwork 
Reduction Act
175.400 Will the utility extend or upgrade its electric system to 
serve new or increased loads?
175.500 How does BIA manage rights-of-way?
175.600 How does the Paperwork Reduction Act affect this part?

    Authority:  5 U.S.C. 301; 25 U.S.C. 13; 25 U.S.C. 385c; 43 Stat. 
475-76; 45 Stat. 210-13; 49 Stat. 1039-40; 49 Stat. 1822-23; 54 
Stat. 422; 62 Stat. 269-73; 65 Stat. 254; 99 Stat. 319-20.

Subpart A--General Provisions


Sec.  175.100   What terms should I know for this part?

    Agreement means the executed written form between you and the 
utility providing your service, except for service provided under a 
Special Agreement.
    BIA means the Bureau of Indian Affairs within the United States 
Department of the Interior or the BIA's authorized representative.
    Bill means our written statement notifying you of the charges and/
or fees you owe the United States for the administration, operation, 
maintenance, rehabilitation, and/or construction of the electric power 
utility servicing you.
    CFR means Code of Federal Regulations.
    Customer means any person or entity to whom we provide service.
    Customer service is the assistance or service provided to 
customers, except for the actual delivery of electric power or energy. 
Customer service may include: Line extension, system upgrade, meter 
testing, connections or disconnection, special meter reading, or other 
assistance or service as provided in the Operations Manual.
    Day(s) means calendar day(s).
    Delinquent means an account that has not been paid and settled by 
the due date.
    Due date means the date by which you must pay your bill. The due 
date is printed on your bill.
    Electric energy (see Electric power).
    Electric power means the energy we deliver to meet customers' 
electrical needs.
    Electric power rate means the charges we establish for delivery of 
energy to our customers, which includes administration costs and 
operation and maintenance costs in addition to the cost of purchased 
power.
    Electric power utility means all structures, equipment, components, 
and human resources necessary for the delivery of electric service.
    Electric service means the delivery of electric power by our 
utility to our customers.
    Energy means electric power.
    Fee (see Service fee).
    I, me, my, you, and your means all interested parties, especially 
persons or

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entities to which we provide service and receive use of our electric 
power service.
    Must means an imperative or mandatory act or requirement.
    Operations manual means the written policies, practices, procedures 
and requirements of the utility providing your service. The Operations 
Manual supplements this Part and includes our responsibilities to our 
customers and our customers' responsibilities to the utility.
    Past due bill means a bill that has not been paid by the due date.
    Power (see Energy).
    Public notice is the notice provided by publishing information 
consistent with the utility's Operations Manual.
    Purchased power means the power we must purchase from power 
marketing providers for resale to our customers to meet changing power 
demands. Each of our utilities establishes its own power purchasing 
agreement based on its power demands and firm power availability.
    Rate (see Electric power rate).
    Reserve funds means funds held in reserve for maintenance, repairs, 
or unexpected expenses.
    Revenue means the monies we collect from our customers through 
service fees and electric power rates.
    Service (see Electric service).
    Service fee means our charge for providing or performing a specific 
administrative or customer service.
    Special agreement means a written agreement between you and us for 
special conditions or circumstances including unmetered services.
    Taxpayer identification number means either your Social Security 
Number or your Employer Identification Number.
    Utility(ies) (see Electric power utility).
    Utility office(s) means our facility used for conducting business 
with our customers and the general public.
    We, us, and our means the United States Government, the Secretary 
of the Interior, the BIA, and all who are authorized to represent us in 
matters covered under this Part.


Sec.  175.105  What is the purpose of this part?

    The purpose of this part is to establish the regulations for 
administering BIA electric power utilities.


Sec.  175.110  Does this part apply to me?

    This part applies to you if we provide you service or if you 
request service from us.


Sec.  175.115  How does BIA administer its electric power utilities?

    We promote efficient administration, operation, maintenance, and 
construction of our utilities by following and enforcing:
    (a) Applicable statutes, regulations, Executive Orders, Indian 
Affairs manuals, Operations Manuals;
    (b) Applicable written policies, procedures, directives, safety 
codes; and
    (c) Utility industry standards.


Sec.  175.120  What are Operations Manuals?

    (a) We maintain an Operations Manual for each of our utilities. 
Each utility's Operations Manual is available at the utility.
    (b) The Operations Manual sets forth the requirements for the 
administration, management, policies, and responsibilities of that 
utility and its customers.
    (c) We update our Operations Manual for each utility to reflect 
changing requirements to administer, operate, or maintain that utility.
    (d) When we determine it necessary to revise an Operations Manual, 
we will:
    (1) Provide public notice of the proposed revision;
    (2) State the effective date of the proposed revision;
    (3) State how and when to submit your comments on our proposed 
revision;
    (4) Provide 30 days from the date of the notice to submit your 
comments; and
    (5) Consider your comments and provide notice of our final 
decision.


Sec.  175.125  How do I request and receive service?

    (a) If you need electrical service in an area where we provide 
service, you must contact our utility in that service area.
    (b) To receive service, you must enter into an Agreement with that 
utility after it has determined that you have met its requirements.


Sec.  175.130  What information must I provide when I request service?

    At a minimum, you must provide the utility with the following 
information when you request service:
    (a) Your full legal name or the legal name of the entity needing 
service;
    (b) Your taxpayer identification number;
    (c) Your billing address;
    (d) Your service address; and
    (e) Any additional information required by the utility.


Sec.  175.135  Why is BIA collecting this information?

    We are collecting this information so we can:
    (a) Provide you with service;
    (b) Bill you for the service we provide; and
    (c) Account for monies you pay us, including any deposits as 
outlined in the Operations Manual.


Sec.  175.140  What is BIA's authority to collect my taxpayer 
identification number?

    We are required to collect your taxpayer identification number 
under the authority of, and as prescribed in, the Debt Collection 
Improvement Act of 1996, Public Law 104-134 (110 Stat. 1321-364).


Sec.  175.145  Can I appeal a BIA decision?

    (a) You may appeal a decision in accordance with the procedures set 
out in 25 CFR part 2, unless otherwise prohibited by law.
    (b) If the appeal involves the discontinuation of service, the 
utility is not required to resume the service during the appeal process 
unless the customer meets the utility's requirements.
    (c) If you appeal your bill, you must pay your bill in accordance 
with this part to continue to receive service from us.
    (1) If the appeal involves the amount of your bill, the bill will 
be considered paid under protest until the final decision has been 
rendered on appeal.
    (2) If you appeal your bill but do not pay the bill in full, you 
may not continue to receive service from us. If the final decision 
rendered in the appeal requires payment of the bill, the bill will be 
handled as a delinquent account and the amount of the bill may be 
subject to interest, penalties, and administrative costs pursuant to 31 
U.S.C. 3717 and 31 CFR 901.9.
    (3) If the appeal involves an electric power rate, the rate will be 
applied and remain in effect subject to the final decision on the 
appeal.

Subpart B--Service Fees, Electric Power Rates and Revenues


Sec.  175.200  Why does BIA collect revenue from you and the other 
customers it serves, and how is that revenue used?

    (a) The revenue we collect from you and the other customers is 
authorized by 25 U.S.C. 385c (60 Stat. 895, as amended by 65 Stat. 
254).
    (b) The revenue we collect may be used to:
    (1) Pay for operation and maintenance of the utility; and
    (2) Maintain Reserve Funds to:
    (i) Make repairs and replacements to the utility;
    (ii) Defray emergency expenses;
    (iii) Ensure the continuous operation of the power system; and
    (iv) Pay other allowable expenses and obligations to the extent 
required or permitted by law.

[[Page 61198]]

Sec.  175.205  When are BIA rates and fees reviewed?

    We review our rates and fees at least annually to:
    (a) Determine if our financial requirements are being met to ensure 
the reliable operation of the utility serving you; and
    (b) Determine if revenues are sufficient to meet the statutory 
requirements.


Sec.  175.210  What is BIA's procedure for adjusting service fees?

    If, based on our annual review, we determine our service fees need 
to be adjusted:
    (a) We will notify you at least 30 days prior to the effective date 
of the adjustment; and
    (b) We will publish a schedule of the adjusted service fees in a 
local newspaper(s) and post them in the local utility office serving 
you.


Sec.  175.215  What is BIA's procedure for adjusting electric power 
rates?

    Except for purchased power costs, if we determine electric power 
rates need to be adjusted, we will:
    (a) Hold public meetings and notify you of their respective time, 
date, and location by newspaper notice and a notice posted in the 
utility office serving you;
    (b) Provide you notice at least 15 days prior to the meeting;
    (c) Provide you a description of the proposed rate adjustment;
    (d) Provide you information on how, where, and when to submit 
comments on our proposed rate adjustment;
    (e) Make a final determination on the proposed rate adjustment 
after all comments have been received, reviewed, and evaluated; and
    (f) Publish the proposed rate adjustment and the final rate in the 
Federal Register if we determine the rate adjustment is necessary.


Sec.  175.220  How long do rate and fee adjustments stay in effect?

    These adjustments remain in effect until we conduct a review and 
determine adjustments are necessary.


Sec.  175.225  What is the Federal Register, and where can I get it?

    The Federal Register is the official daily publication for rules, 
proposed rules, and notices of official actions by Federal agencies and 
organizations, as well as Executive Orders and other Presidential 
Documents and is produced by the Government Publishing Office (GPO). 
You can get Federal Register publications by:
    (a) Visiting www.federalregister.gov or www.gpo.gov/fdsys;
    (b) Writing to the GPO at Superintendent of Documents, P.O. Box 
371954, Pittsburgh, PA 15250-7954; or
    (c) Calling the GPO at (202) 512-1800.


Sec.  175.230  Why are changes to purchased power costs not included in 
the procedure for adjusting electric power rates?

    Changes to purchased power costs are not included in the procedure 
for adjusting electric power rates because unforeseen increases in the 
cost of purchased power are:
    (a) Not under our control;
    (b) Determined by current market rates; and
    (c) Subject to market fluctuations that can occur at an 
undetermined time and frequency.


Sec.  175.235  How does BIA include changes in purchased power costs in 
electric power rates?

    When our cost of purchased power changes:
    (a) We determine the effect of the change;
    (b) We adjust the purchased power component of your bill 
accordingly;
    (c) We add the purchased power adjustment to the existing electric 
power rate and put it into effect immediately;
    (d) The purchased power adjustment remains in effect until we 
determine future adjustments are necessary;
    (e) We must publish in the local newspaper and post at our office a 
notice of the purchase power adjustment and the basis for the 
adjustment; and
    (f) Our decision to make a purchased power adjustment must be 
final.

Subpart C--Billing, Payments, and Collections


Sec.  175.300  How does BIA calculate my electric power bill?

    (a) We calculate your electric power bill based on the:
    (1) Current rate schedule for your type service; and
    (2) Applicable service fees for your type service.
    (b) If you have a metered service we must:
    (1) Read your meter monthly;
    (2) Calculate your bill based on your metered energy consumption; 
and
    (3) Issue your bill monthly, unless otherwise provided in a Special 
Agreement.
    (c) If we are unable to calculate your metered energy consumption, 
we must make a reasonable estimate based on one of the following 
reasons:
    (1) Your meter has failed;
    (2) Your meter has been tampered with; or
    (3) Our utility personnel are unable to read your meter.
    (d) If you have an unmetered service, we calculate your bill in 
accordance with your Special Agreement.


Sec.  175.305  When is my bill due?

    The due date is provided on your bill.


Sec.  175.310  How do I pay my bill?

    You may pay your bill by any of the following methods:
    (a) In person at our utility office;
    (b) Mail your payment to the address stated on your bill; or
    (c) As further provided by the electric utility that serves you.


Sec.  175.315  What will happen if I do not pay my bill?

    (a) If you do not pay your bill prior to the close of business on 
the due date, your bill will be past due.
    (b) If your bill is past due we may:
    (1) Disconnect your service; and
    (2) Not reconnect your service until your bill, including any 
applicable fees, is paid in full.
    (c) Specific regulations regarding non-payment can be found in 25 
CFR 143.5(c).


Sec.  175.320  What will happen if my service is disconnected and my 
account remains delinquent?

    (a) If your service has been disconnected and you still have an 
outstanding balance, we will assess you interest, penalties, and 
administrative costs in accordance with 31 CFR 901.9.
    (b) We must forward your delinquent balance to the United States 
Treasury if it is not paid within 180 days after the original due date 
in accordance with 31 CFR 901.1.

Subpart D--System Extensions and Upgrades, Rights-of-Way, and 
Paperwork Reduction Act


Sec.  175.400  Will the utility extend or upgrade its electric system 
to serve new or increased loads?

    The utility may extend or upgrade its electric system to serve new 
or increased loads. Contact your electric power utility providing 
service in your area for further information on new or increased loads.


Sec.  175.500  How does BIA manage rights-of-way?

    Contact your electric power utility providing service in your area 
for further information on rights-of-way.


Sec.  175.600  How does the Paperwork Reduction Act affect this part?

    The collection of information contained in this part have been 
approved by the Office of Management

[[Page 61199]]

and Budget under 44 U.S.C. 3501 et seq. and assigned OMB Control Number 
1076-0021. Response is required to obtain a benefit. A Federal agency 
may not conduct or sponsor, and you are not required to respond to, a 
collection of information unless the form or regulation requesting the 
information displays a currently valid OMB Control Number. Send 
comments regarding this collection of information, including 
suggestions for reducing the burden, to the Information Collection 
Clearance Officer--Indian Affairs, 1849 C Street NW, Washington, DC 
20240.

    Dated: October 19, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the 
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2017-27668 Filed 12-26-17; 8:45 am]
 BILLING CODE 4337-15-P