Indian Electric Power Utilities, 61193-61199 [2017-27668]
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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
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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 .................................................
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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
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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.
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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?
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175.61 Appeals to the Interior
Board of Indian Appeals.
175.62 Utility actions pending the
appeal process.
New Provisions
N/A ..................................................
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New section.
New section.
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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)
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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.
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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
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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.
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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.
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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?
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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
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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.
§ 175.105
What is the purpose of this part?
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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
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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
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(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.
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§ 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.
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§ 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;
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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
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 61197]]
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
