82_FR_41527 82 FR 41359 - Annual Charges for Use of Government Lands in Alaska

82 FR 41359 - Annual Charges for Use of Government Lands in Alaska

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 82, Issue 168 (August 31, 2017)

Page Range41359-41364
FR Document2017-17846

The Federal Power Act requires hydropower licensees to recompense the United States for the use, occupancy, and enjoyment of federal lands. The Commission assesses annual charges for the use of federal lands through Part 11 of its regulations. The Commission proposes to revise the per-acre land value component of its methodology for calculating these annual charges for hydropower projects located in Alaska. Under the proposed rule, the Commission would calculate a statewide average per-acre land value for hydropower lands in Alaska. The Commission would use the statewide average per-acre land value, rather than a regional per-acre land value, to calculate annual charges for use of federal lands for all hydropower projects in Alaska, except those located in the Aleutian Islands Area.

Federal Register, Volume 82 Issue 168 (Thursday, August 31, 2017)
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Proposed Rules]
[Pages 41359-41364]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17846]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82 , No. 168 / Thursday, August 31, 2017 / 
Proposed Rules

[[Page 41359]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 11

[Docket No. RM16-19-000]


Annual Charges for Use of Government Lands in Alaska

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Power Act requires hydropower licensees to 
recompense the United States for the use, occupancy, and enjoyment of 
federal lands. The Commission assesses annual charges for the use of 
federal lands through Part 11 of its regulations. The Commission 
proposes to revise the per-acre land value component of its methodology 
for calculating these annual charges for hydropower projects located in 
Alaska. Under the proposed rule, the Commission would calculate a 
statewide average per-acre land value for hydropower lands in Alaska. 
The Commission would use the statewide average per-acre land value, 
rather than a regional per-acre land value, to calculate annual charges 
for use of federal lands for all hydropower projects in Alaska, except 
those located in the Aleutian Islands Area.

DATES: Comments are due October 30, 2017.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://www.ferc.gov. Documents 
created electronically using word processing software should be filed 
in native applications or print-to-PDF format and not in a scanned 
format.
     Mail/Hand Delivery: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures section of this document

FOR FURTHER INFORMATION CONTACT: 
Tara DiJohn (Legal Information), Office of the General Counsel, Federal 
Energy Regulatory Commission, 888 First Street NE., Washington, DC 
20426, (202) 502-8671, [email protected].
Norman Richardson (Technical Information), Office of the Executive 
Director, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, (202) 502-6219, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

 
                                                          Paragraph Nos.
 
I. Background...........................................              2.
    A. Order No. 774....................................              4.
        1. Per-Acre Land Value..........................              6.
        2. Per-Acre Land Values for Alaska..............              8.
    B. Fiscal Year 2016 Fee Schedule....................             10.
    C. Petition for Rulemaking..........................             11.
II. Notice of Inquiry...................................             14.
III. Proposed Rule......................................             24.
IV. Regulatory Requirements.............................             30.
    A. Information Collection Statement.................             30.
    B. Environmental Analysis...........................             31.
    C. Regulatory Flexibility Act.......................             32.
    D. Comment Procedures...............................             38.
    E. Document Availability............................             42.
 


    1. The Federal Power Act (FPA) requires hydropower licensees that 
use federal lands to compensate the United States for the use, 
occupancy, and enjoyment of federal lands.\1\ Currently, the Commission 
uses a fee schedule, based on the U.S. Bureau of Land Management's 
(BLM) methodology for calculating rental rates for linear rights of 
way, to calculate annual charges for use of federal lands. The 
Commission's fee schedule identifies a fee for each county or 
geographic area, which is the product of four components: A per-acre 
land value, an encumbrance factor, a rate of return, and an annual 
adjustment factor. The per-acre land value for a particular county or 
geographic area (i.e., a regional per-acre land value) is determined 
using the average per-acre land value identified by the National 
Agricultural Statistics Service (NASS) Census. Under the proposed rule, 
the Commission would use a statewide average per-acre land value for 
the state of Alaska, rather than a regional per-acre land value.
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    \1\ 16 U.S.C. 803(e)(1) (2012).
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I. Background

    2. Section 10(e)(1) of the FPA requires Commission hydropower 
licensees using federal lands to pay reasonable annual charges, as 
determined by the Commission, to recompense the United States for the 
use and occupancy of its lands.\2\ While the Commission may 
periodically adjust these charges, it must seek to avoid increasing the 
price

[[Page 41360]]

to power consumers by such charges.\3\ In other words, licensees that 
use and occupy federal lands for project purposes must compensate the 
United States through payment of an annual fee, to be established by 
the Commission.\4\
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    \2\ 16 U.S.C. 803(e)(1) (2012). Section 10(e)(1) also requires 
licensees to reimburse the United States for the costs of 
administering Part I of the FPA. Those charges are calculated and 
billed separately from the land use charges, and are not the subject 
of this proposed rule.
    \3\ Id.
    \4\ Pursuant to FPA section 17(a), 16 U.S.C. 810(a) (2012), the 
fees collected for use of government lands are allocated as follows: 
12.5 percent is paid into the Treasury of the United States, 50 
percent is paid into the federal reclamation fund, and 37.5 percent 
is paid into the treasuries of the states in which particular 
projects are located. No part of the fees discussed in this proposed 
rule is used to fund the Commission's operations.
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    3. The Commission has adopted various methods over the years to 
accomplish this statutory directive.\5\ Currently, the Commission uses 
a fee schedule method, based on land values published in the NASS 
Census, to calculate annual charges for use of government lands. The 
Commission adopted this approach in a final rule issued on January 12, 
2013.\6\
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    \5\ See Annual Charges for Use of Government Lands, Order No. 
774, FERC Stats. & Regs. ] 31,341, at PP 3-20 (2013) (cross-
referenced at 142 FERC ] 61,045) (examining the myriad methodologies 
the Commission has used or considered for assessing annual charges 
for the use of government lands since 1937) (Order No. 774).
    \6\ See generally, Order No. 774.
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A. Order No. 774

    4. In Order No. 774, the Commission adopted a fee schedule method 
for calculating annual charges for use of government lands, based on 
BLM's methodology for calculating rental rates for linear rights of 
way. Pursuant to section 11.2 of the Commission's regulations, the 
Commission publishes an annual fee schedule which lists per-acre rental 
fees by county or geographic area.\7\ To calculate a licensee's annual 
charge for use of government lands, the Commission multiplies the 
applicable county or geographic area per-acre fee identified in the fee 
schedule by the number of federal acres used by the hydroelectric 
project, as reported by that licensee.
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    \7\ 18 CFR 11.2 (2017). The fee schedule is published annually 
as part of Appendix A to Part 11 of the Commission's regulations.
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    5. The per-acre rental fee for a particular county or geographic 
area is calculated by multiplying four components: (1) A per-acre land 
value; (2) an encumbrance factor; (3) a rate of return; and (4) an 
annual adjustment factor.
1. Per-Acre Land Value
    6. The first component--the per-acre land value--is based on 
average per-acre land values published in the NASS Census. 
Specifically, the per-acre land value is determined by the applicable 
county or geographic area ``land and buildings'' category \8\ from the 
NASS Census. This NASS-published per-acre value is then reduced by the 
sum of a state-specific modifier (to remove the value of irrigated 
lands) and seven percent (to remove the value of buildings or other 
improvements). The end result is the adjusted per-acre land value.
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    \8\ The ``land and buildings'' is a combination of all land use 
categories in the NASS Census, including croplands (irrigated and 
non-irrigated), pastureland/rangeland, woodland, and ``other'' 
(roads, ponds, wasteland, and land encumbered by non-commercial/non-
residential buildings).
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    7. The NASS Census is conducted every five years, with an 18-month 
delay before NASS publishes the census data. The Commission 
incorporates another 18-month delay to account for revisions, 
consistent with BLM's implementation of its 2008 rule. Therefore, the 
Commission based the 2011-2015 fee schedules on data from the 2007 NASS 
Census. The Commission's 2016-2020 fee schedules will be based on data 
from the 2012 NASS Census; the 2021-2025 fee schedules will be based on 
data from the 2017 NASS Census; the 2026-2030 fee schedules will be 
based on data from the 2022 NASS Census; and so on. State-specific 
adjustments to the per-acre land value are performed in the first year 
that data from a new NASS Census are used, and will remain the same 
until the subsequent NASS Census data are used to calculate the 
forthcoming set of fee schedules.
2. Per-Acre Land Values for Alaska
    8. With regard to Alaska, Order No. 774 explained that the final 
rule would adopt BLM's approach to per-acre land values by designating 
lands in Alaska as part of one of the five NASS Census geographic area 
identifiers: The Aleutian Islands Area, the Anchorage Area, the 
Fairbanks Area, the Juneau Area, and the Kenai Peninsula Area. Several 
commenters asserted that a per-acre statewide value, a category also 
reported by the NASS Census, should be used to establish assessments 
for federal land in Alaska.\9\
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    \9\ Order No. 774 at P 44.
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    9. Order No. 774 considered the arguments raised in support of a 
statewide per-acre value. In particular, several commenters asserted 
that it is inappropriate to use regional per-acre values for Alaska 
because Alaska does not use county designations; the number of farms 
surveyed for the NASS Census in the entire state of Alaska is less than 
the number of farms surveyed in most counties in the lower-48 states; 
and, certain per-acre land values near Anchorage and Juneau are very 
high, resulting in a substantial increase in annual charges for the use 
of government lands by hydropower licensees in these areas. However, 
the Commission ultimately concluded that the commenters had not 
advanced a sufficient explanation for why it was more appropriate to 
use a statewide per-acre value for Alaska, rather than the smallest 
NASS Census defined area for Alaska--the geographic area identifier. 
Although the Commission rejected the use of a statewide per-acre land 
value for Alaska in Order No. 774, the Commission clarified that it 
would not use rates based on the Anchorage Area and the Juneau Area 
values to assess annual land use charges ``because these high, urban-
based rates would not reasonably reflect the value of government lands 
on which hydropower projects are located.'' \10\ Instead, for purposes 
of determining a per-acre land value, the Commission decided to use the 
Kenai Peninsula Area per-acre land value for projects located in the 
Anchorage Area or the Juneau Area.
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    \10\ Id. at P 45.
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B. Fiscal Year 2016 Fee Schedule

    10. The Commission used the 2012 NASS Census data to calculate its 
fee schedule for the first time in Fiscal Year (FY) 2016. Due to per-
acre land value increases in the 2012 NASS Census data, hydropower 
projects located in certain geographic areas in Alaska experienced a 
significant increase in federal land use charges when compared to the 
rates assessed in FY 2015.\11\
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    \11\ In the 2012 NASS Census, changes in land values in other 
parts of the country varied widely: Some rose significantly, some 
rose by relatively small amounts, and some decreased.
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C. Petition for Rulemaking

    11. On June 6, 2016, the Alaska Federal Land Fees Group, comprising 
six hydroelectric licensees with projects in Alaska (Alaska Group),\12\ 
petitioned the Commission to conduct a rulemaking to revise its method 
of calculating federal land use charges for hydropower projects in 
Alaska. The Alaska Group's petition focuses solely on the first 
component of the Commission's fee schedule--the per-acre land value--
and requests that the Commission: (1) Calculate an adjusted statewide 
average per-acre land value for Alaska and (2) apply this adjusted

[[Page 41361]]

statewide average per-acre fee to all projects in Alaska, except those 
located in the Aleutian Islands area.\13\
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    \12\ Alaska Electric Light and Power, Bradley Lake Project 
Management Committee (on behalf of licensee Alaska Energy 
Authority), Chugach Electric Association, the Ketchikan Public 
Utilities, Copper Valley Electric Association, and Southeast Alaska 
Power Agency.
    \13\ The Alaska Group requests that any project located in the 
Aleutian Islands Area continue to be assessed annual charges for use 
of government lands based on a regional per-acre land value.
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    12. In support of this proposal, the Alaska Group states that due 
to the small number of farms (and associated acreage) that contribute 
to the data compiled in the NASS Census, there is insufficient data in 
any individual Alaska area (with the exception of the Aleutian Islands) 
\14\ to produce a fair estimate of land values within that area. 
Because there are so few farms outside of the Aleutian Islands area, 
the Alaska Group indicates that the per-acre land values in the other 
four geographic areas of Alaska are extremely sensitive to any changes 
in the voluntary, self-reported farm data compiled by the NASS Census.
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    \14\ The Alaska Group contends that because the Aleutian Islands 
Area contains the greatest amount of farmland in the state (668,016 
acres), the NASS Census data for the Aleutian Islands Area is 
``robust, reliable, and an accurate estimate of fair market value.'' 
Alaska Group's June 6, 2016 Petition for Rulemaking at 18. 
Therefore, the Alaska Group requests that the proposed statewide 
average per-acre land value be applied to all hydropower projects 
located in Alaska, except those projects located in the Aleutian 
Islands Area.
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    13. For these reasons, the Alaska Group asserts that an adjusted 
statewide average per-acre land value would better reflect the diverse 
topography of the state and insulate against land value fluctuations 
caused by individual changes in farm data. The Alaska Group believes 
that this method would produce a more accurate estimate of the fair 
market value of federal lands in Alaska.

II. Notice of Inquiry

    14. On November 17, 2016, the Commission issued a Notice of Inquiry 
soliciting input on a narrow question related to its current 
methodology for calculating annual charges for the use of government 
lands--whether regional per-acre land values based on data published in 
the NASS Census ``land and buildings'' category result in reasonably 
accurate land valuations for projects that occupy federal lands in 
Alaska. In response to the proposal advanced by the Alaska Group's 
petition for rulemaking, the Notice of Inquiry requested comments on 
several specific questions. First, the Commission asked whether it 
should use a statewide average per-acre land value rather than a 
regional per-acre land value to calculate the adjusted per-acre land 
value for projects that occupy federal lands in Alaska. Second, if a 
statewide average per-acre value is preferred, the Commission sought 
input on whether the statewide value should be applied to (i) all 
projects in Alaska, or (ii) all projects in Alaska except those located 
in the Aleutian Islands Area. Finally, the Commission requested 
commenters to identify which of the five geographic regions of Alaska 
it should use to calculate the statewide average per-acre land value.
    15. In addition, the Notice of Inquiry encouraged commenters to 
submit alternative proposals for determining a reasonably accurate per-
acre land value for projects in Alaska, provided that the proposed 
calculation was based on data published in the NASS Census. The notice 
also invited federal land management agencies to comment on how they 
would view reductions in annual charges for the lands they administer.
    16. The Notice of Inquiry identified five requirements that any 
proposed methodology should satisfy, derived from the Commission's 
statutory obligations under the FPA \15\ and the Commission's past 
experience in implementing various methodologies. Any proposed 
methodology must: (1) Apply uniformly to all licensees in Alaska; (2) 
avoid exorbitant administrative costs; (3) not be subject to review on 
an individual basis; (4) reflect reasonably accurate land valuations; 
and (5) avoid an unreasonable increase in costs to consumers.
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    \15\ See 16 U.S.C. 803(e)(1) (2012).
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    17. In response to the Notice of Inquiry, seven entities filed 
comments: The Alaska Group; U.S. Senator Lisa Murkowski; Homer Electric 
Association, Inc. (Homer Electric); Kodiak Electric Association, Inc. 
(Kodiak Electric); the U.S. Forest Service (Forest Service); Erin 
Noakes; and Chelsea Liddell.
    18. The Alaska Group filed comments reiterating its position that 
the Commission should adopt a statewide average per-acre land value for 
all hydropower projects in Alaska, and that the statewide average 
should be applied to all projects in Alaska, except those located in 
the Aleutian Islands Area. The Alaska Group states that it does not 
believe that the Commission needs to change its methodology for 
calculating annual charges for the Aleutian Islands Area since the 
substantial amount of agricultural acreage represented in the NASS 
Census data results in a fair estimate of land values for this 
particular region.
    19. In support of its position, the Alaska Group states that the 
use of a statewide average per-acre land value would provide ``a more 
robust and representative assessment of fair market value of federal 
lands in [the Kenai and Fairbanks] areas of Alaska, because it draws on 
a larger and more diverse dataset from across the state, and ensures 
that rates are less prone to fluctuation over time.'' \16\ According to 
the Alaska Group, if the Commission were to adopt a statewide average 
per-acre land value for Alaska, it would recognize several unique 
burdens faced by Alaska hydropower licensees and ratepayers, including 
the exclusive responsibility borne by Alaska ratepayers for all costs 
associated with hydropower projects, including annual charge 
assessments and the predominance of federal acreage in Alaska.
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    \16\ The Alaska Group's January 24, 2017 Comments on Notice of 
Inquiry at 16-17.
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    20. Senator Murkowski urges the Commission to use a statewide 
average per-acre land value, stating that the NASS Census data does not 
provide an accurate accounting of land values in Alaska because the 
state has fewer farms and farm acreage than any other state in the 
Pacific Northwest. Homer Electric, an electric distribution cooperative 
that provides service in the Kenai Peninsula, agrees with Senator 
Murkowski's comments that the NASS Census data does not provide an 
accurate accounting of Alaskan land values. Homer Electric also urges 
the Commission to adopt a statewide average per-acre land value for 
Alaska.
    21. Kodiak Electric, a licensee of a hydropower project located in 
the Aleutian Islands Area, states that the regional per-acre land 
values published in the NASS Census result in reasonably accurate land 
valuations for hydropower lands in the Aleutian Islands Area. Because 
of the large number of agricultural acreage reported by the NASS Census 
for the Aleutian Islands Area, Kodiak Electric believes no changes to 
the Commission's current methodology are needed for this geographic 
region. If the Commission decides to adopt a statewide average per-acre 
land value for hydropower projects in Alaska, Kodiak Electric 
recommends that the Commission refrain from applying the statewide 
value to projects located in the Aleutian Islands Area.
    22. The Forest Service observes that from an economic perspective 
the use of a statewide average per-acre land value for Alaska, derived 
from data published in the NASS Census, would result in a significant 
reduction in rental rates for the land in question. However, the Forest 
Service states that it does not recommend the use of a fee schedule

[[Page 41362]]

based on NASS Census data for Alaska because of the small number of 
farms in the state. Instead, the Forest Service recommends that the 
Commission calculate federal land charges for Alaska using BLM's 
``Minimum Rent Schedule for BLM Land Use Authorizations in Alaska 
2015.'' The Forest Service also suggests that the Commission consider a 
fee based on power generated, similar to BLM's solar fee schedule.
    23. Erin Noakes and Chelsea Liddell each filed individual comments 
recommending that the Commission decline the request to alter its 
current methodology for calculating federal land charges for hydropower 
projects in Alaska. Ms. Noakes observes that the use of a statewide 
average per-acre land value may result in the under-collection of 
reasonable annual charges for the use of federal lands by hydropower 
projects in Alaska. Ms. Liddell asserts that the Alaska Group has not 
sufficiently demonstrated that a statewide average per-acre land value 
would be any more accurate than a regional per-acre land value.

III. Proposed Rule

    24. The Commission proposes to adopt the use of a statewide average 
per-acre land value, rather than a regional per-acre land value, for 
the purposes of calculating annual charges for hydropower projects that 
occupy federal lands in Alaska.
    25. To calculate the statewide average per-acre land value for 
Alaska, the Commission will average the data published in the ``lands 
and buildings'' category of the NASS Census for two geographic areas: 
the Kenai Peninsula Area and the Fairbanks Area.\17\ Pursuant to the 
Commission's current methodology, this statewide average will be 
reduced by Alaska's state-specific reduction to remove the value of 
irrigated lands, as well as a seven percent reduction to remove the 
value of buildings. The Commission will apply the resulting adjusted 
statewide average per-acre land value to all hydropower projects in 
Alaska except for projects located in the Aleutian Islands Area. 
Because of the large amount of farmland acreage represented in the NASS 
Census for the Aleutian Islands Area, the Commission is satisfied that 
the NASS Census data for this geographic area results in reasonably 
accurate per-acre land values. Therefore, the Commission will continue 
to apply the regional per-acre land value for the Aleutian Islands 
Area.
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    \17\ As we noted earlier, the Commission does not use the NASS 
Census data from the Anchorage Area or the Juneau Area for the 
purpose of determining per-acre land values because the 
predominantly high, urban-based rates do not reasonably reflect the 
value of government lands on which hydropower projects are located. 
See supra P 9.
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    26. We believe this proposal responds to the issues identified by 
the petitioners--the prevalence of federal lands in Alaska, the sparse 
amount of agricultural acreage reflected in the NASS Census, and the 
increase in annual charges that resulted when the Commission began 
using data from the 2012 NASS Census. Combining the value of the 
farmland acreage in the Kenai Peninsula and Fairbanks Areas to 
calculate a statewide average land value will result in a larger, more 
robust data set. A larger data set will be less prone to future 
fluctuation due to changes in the level of participation in NASS Census 
data reporting or specific anomalies in the data reported. We are 
satisfied that a statewide average per-acre land value based on the 
NASS Census data from the ``land and buildings'' category for the Kenai 
Peninsula and Fairbanks Areas will result in reasonably accurate land 
values for hydropower projects that occupy federal lands in Alaska.
    27. While the Commission is proposing to implement a statewide 
average per-acre land value to address these concerns, we are not 
persuaded that the Aleutian Islands Area values, which are lower than 
land values elsewhere in the state, should be used in calculating a 
statewide average that is applied to hydropower projects located 
outside of the Aleutian Islands Area.
    28. The Forest Service recommends that the Commission employ a 
method based on the 2015 Minimum Rent Schedule for BLM Land Use 
Authorizations in Alaska.\18\ Following an analysis of this 
alternative, Commission staff concluded that the use of BLM's Minimum 
Rent Schedule would result in higher per-acre fees compared to the 
Commission's current methodology. BLM's Minimum Rent Schedule for 
Alaska uses land values based on rural sales data. The underlying land 
values for the Kenai Peninsula, Fairbanks, and Aleutian Islands Areas 
are all higher than the corresponding land values published in the NASS 
Census. The Commission does not believe that there is sufficient 
justification for using--only for Alaska--BLM's Minimum Rent Schedule, 
instead of continuing to use NASS Census data to establish federal land 
use charges for all areas of the country.
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    \18\ See generally BLM, Rent for Remote Non-Linear Rights-of-
Way, Permits and Leases, https://www.blm.gov/policy/im-ak-2015-010 
(instruction memorandum describing the U.S. Department of the 
Interior--Office of Valuation Services' April 2015 Minimum Rent 
Analysis & Schedule, which provides guidance and a rental schedule 
for land use authorizations of up to 25 acres across each of BLM's 
district and field offices in Alaska).
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    29. In addition, the Forest Service suggests that the Commission 
consider a fee based on power generated, similar to the solar fee 
schedule. For solar energy right-of-way authorizations, BLM charges a 
combined rent and fee consisting of an acreage rent paid annually 
regardless of the stage of development, and a megawatt capacity fee 
paid annually once electricity generation begins.\19\ BLM uses per-acre 
data from the ``land and buildings'' category of the NASS Census as a 
baseline for determining the acreage rent.\20\ Since this method is 
based on the same regional NASS Census data that the Alaska Group 
questions, and includes a megawatt capacity fee in addition to the 
acreage rent,\21\ it does not address the Alaska Group's suggestion 
that a larger, more robust data set is needed to balance the paucity of 
regional agricultural acreage for Alaska reflected in the NASS Census. 
In addition, the acreage rent is determined using a fee schedule that 
is divided into geographic zones, a practice that the Commission 
previously rejected.\22\ For these reasons, the Commission will not 
consider this alternative further.
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    \19\ See Competitive Processes, Terms, and Conditions for 
Leasing Public Lands for Solar and Wind Energy Development and 
Technical Changes and Corrections, 81 FR 92,122, 92,217-18 (December 
19, 2016) (to be codified at 43 CFR pts. 2800 and 2880).
    \20\ The acreage rent is calculated by multiplying the number of 
acres included in the right-of-way authorization by a per-acre zone 
rate from the solar energy acreage rent schedule. To determine the 
per-acre zone rate, BLM calculates a state-specific factor, applies 
the state-specific factor to NASS-published data, and uses the 
resulting per-acre value to assign a particular county or geographic 
area to the appropriate rent schedule zone.
    \21\ The Commission previously rejected, as unreasonable, 
methods based on power sale revenues or a rate per kilowatt hour 
because such fees would result in a royalty as if the occupied 
federal lands themselves were producing power. Such criticism could 
also be levied against a megawatt capacity fee. See Annual Charges 
for the Use of Government Lands, FERC Stats. & Regs ] 32,684; 137 
FERC ] 61,139, at P 9 (2011) (citing Revision of the Billing 
Procedures for Annual Charges for Administering Part I of the 
Federal Power Act and to the Methodology for Assessing Federal Land 
Use Charges, Order No. 469, FERC Stats. & Regs., Regulations 
Preambles ] 30,741, at 30,589-90 (1987)).
    \22\ See Order No. 774 at PP 23-24 (. . . ``the Commission 
agreed with commenters that BLM's `zone system' inflates the values 
of all counties in a zone except the highest valued county.'').
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IV. Regulatory Requirements

A. Information Collection Statement

    30. The Paperwork Reduction Act \23\ requires each federal agency 
to seek and

[[Page 41363]]

obtain Office of Management and Budget (OMB) approval before 
undertaking a collection of information directed to ten or more persons 
or contained in a rule of general applicability. OMB regulations 
require approval of certain information collection requirements 
contemplated by proposed rules.\24\ This proposed rule does not impose 
or alter existing reporting or recordkeeping requirements on applicable 
entities as defined by the Paperwork Reduction Act.\25\ As a result, 
this proposed rule does not trigger the Paperwork Reduction Act.
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    \23\ 44 U.S.C. 3501-3521 (2012).
    \24\ See 5 CFR 1320.11 (2017).
    \25\ 44 U.S.C. 3502(2)-(3) (2012).
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B. Environmental Analysis

    31. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant effect on the human environment.\26\ Commission 
actions concerning annual charges are categorically exempt from this 
requirement.\27\
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    \26\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \27\ 18 CFR 380.4 (a)(11) (2017).
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C. Regulatory Flexibility Act

    32. The Regulatory Flexibility Act of 1980 (RFA) \28\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
The RFA mandates consideration of regulatory alternatives that 
accomplish the stated objectives of a proposed rule and minimize any 
significant economic impact on a substantial number of small 
entities.\29\
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    \28\ 5 U.S.C. 601-612.
    \29\ 5 U.S.C. 603(c) (2012).
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    33. The Small Business Administration's (SBA) Office of Size 
Standards develops the numerical definition of a small business.\30\ 
The SBA revised its size standard for electric utilities (effective 
January 22, 2014) from a standard based on megawatt hours to a standard 
based on the number of employees, including affiliates.\31\ Under SBA's 
current size standards, a hydroelectric generator is small if, 
including its affiliates, it employs 500 or fewer people.\32\
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    \30\ 13 CFR 121.101 (2017).
    \31\ SBA Final Rule on ``Small Business Size Standards: 
Utilities,'' 78 FR 77,343 (Dec. 23, 2013).
    \32\ 13 CFR 121.201, Sector 22, Utilities (2017).
---------------------------------------------------------------------------

    34. Section 10(e)(1) of the FPA requires that the Commission fix a 
reasonable annual charge for the use, occupancy, and enjoyment of 
federal lands by hydropower licensees. To date, the Commission has 
issued 21 active licenses that occupy federal lands in Alaska to 15 
discrete entities. Therefore, the proposed rule will apply to a total 
of 15 entities. Of these 15 entities, 13 entities would be impacted by 
the proposed rule because they hold licenses that occupy federal lands 
in the Kenai Peninsula, Fairbanks, Juneau, or Anchorage Areas. The 
proposed rule adopts the use of a statewide average per-acre land 
value, rather than a regional per-acre land value, for the purpose of 
calculating annual charges for the use of federal lands in Alaska. The 
Commission will apply the statewide average per-acre land value to all 
hydropower projects in Alaska, except for projects located in the 
Aleutian Islands Area. The Commission will continue to apply the 
regional per-acre land value for the Aleutian Islands Area.
    35. Based on a review of the 13 licensees that would be impacted by 
the proposed rule, we estimate that most, if not all, are small 
entities under the SBA definition. These 13 licensees include 
utilities, non-for-profit electric cooperatives, cities, and companies.
    36. Any impact on these small entities would not be significant. 
Under the proposed rule, a statewide average per-acre land value for 
hydropower lands in Alaska would be calculated based on a larger 
agricultural data set, resulting in land values that will be less prone 
to future fluctuation caused by changes in census data reporting. For 
Fiscal Year (FY) 2017, the use of a statewide average per-acre land 
value would result in a lower per-acre fee than that assessed in FY 
2016. Accordingly, the 13 affected licensees would pay lower annual 
charge assessments for use of federal lands in FY 2017 than they did 
the previous fiscal year. Furthermore, six of the 13 affected licensees 
are members of the Alaska Group, which petitioned the Commission to 
revise its methodology for calculating annual charges for use of 
federal lands by establishing a statewide average per-acre land value 
for Alaska. Consequently, the proposed rule should not impose a 
significant economic impact on small entities.
    37. Accordingly, pursuant to section 605(b) of the RFA, the 
Commission certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities.

D. Comment Procedures

    38. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due October 30, 2017. Comments must refer to 
Docket No. RM16-19-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address.
    39. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    40. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    41. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

E. Document Availability

    42. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and print the contents of this document via the 
Internet through the Commission's Home Page (http://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, 
Washington, DC 20426.
    43. From the Commission's Home Page on the Internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    44. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from the Commission's Online 
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

[[Page 41364]]

List of Subjects in 18 CFR Part 11

    Dams, Electric power, Indians-lands, Public lands, Reporting and 
recordkeeping requirements.

    By direction of the Commission.

    Issued: August 17, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Federal Energy Regulatory 
Commission proposes to amend Part 11, Chapter I, Title 18, Code of 
Federal Regulations, as follows:

PART 11--ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT

0
1. The authority citation for part 11 continues to read as follows:

    Authority: 16 U.S.C. 792-828c; 42 U.S.C. 7101-7352.

0
2. In Sec.  11.2, add paragraph (c)(1)(iv) to read as follows:
* * * * *
    (c) * * *
    (1) * * *
    (iv) For all geographic areas in Alaska except for the Aleutian 
Islands Area, the Commission will calculate a statewide average per-
acre land value based on the average per-acre land and building values 
published in the NASS Census for the Kenai Peninsula and the Fairbanks 
Areas. This statewide average per-acre value will be reduced by the sum 
of the state-specific modifier and seven percent. The resulting 
adjusted statewide average per-acre value will be applied to all 
projects located in Alaska, except for those projects located in the 
Aleutian Island Area.
* * * * *
[FR Doc. 2017-17846 Filed 8-30-17; 8:45 am]
BILLING CODE 6717-01-P



                                                                                                                                                                                                                                                           41359

                                                 Proposed Rules                                                                                                                                        Federal Register
                                                                                                                                                                                                       Vol. 82, No. 168

                                                                                                                                                                                                       Thursday, August 31, 2017



                                                 This section of the FEDERAL REGISTER                                       annual charges for the use of federal                                        • Mail/Hand Delivery: Those unable
                                                 contains notices to the public of the proposed                             lands through Part 11 of its regulations.                                  to file electronically may mail or hand-
                                                 issuance of rules and regulations. The                                     The Commission proposes to revise the                                      deliver comments to: Federal Energy
                                                 purpose of these notices is to give interested                             per-acre land value component of its                                       Regulatory Commission, Secretary of the
                                                 persons an opportunity to participate in the                               methodology for calculating these                                          Commission, 888 First Street NE.,
                                                 rule making prior to the adoption of the final
                                                 rules.
                                                                                                                            annual charges for hydropower projects                                     Washington, DC 20426.
                                                                                                                            located in Alaska. Under the proposed                                        Instructions: For detailed instructions
                                                                                                                            rule, the Commission would calculate a                                     on submitting comments and additional
                                                 DEPARTMENT OF ENERGY                                                       statewide average per-acre land value                                      information on the rulemaking process,
                                                                                                                            for hydropower lands in Alaska. The                                        see the Comment Procedures section of
                                                 Federal Energy Regulatory                                                  Commission would use the statewide                                         this document
                                                 Commission                                                                 average per-acre land value, rather than
                                                                                                                            a regional per-acre land value, to                                         FOR FURTHER INFORMATION CONTACT:
                                                 18 CFR Part 11                                                             calculate annual charges for use of                                        Tara DiJohn (Legal Information), Office
                                                                                                                            federal lands for all hydropower                                             of the General Counsel, Federal
                                                 [Docket No. RM16–19–000]                                                   projects in Alaska, except those located                                     Energy Regulatory Commission, 888
                                                                                                                            in the Aleutian Islands Area.                                                First Street NE., Washington, DC
                                                 Annual Charges for Use of                                                  DATES: Comments are due October 30,                                          20426, (202) 502–8671, tara.dijohn@
                                                 Government Lands in Alaska                                                 2017.                                                                        ferc.gov.
                                                 AGENCY: Federal Energy Regulatory                                          ADDRESSES: Comments, identified by                                         Norman Richardson (Technical
                                                 Commission, Department of Energy.                                          docket number, may be filed in the                                           Information), Office of the Executive
                                                 ACTION: Notice of proposed rulemaking.                                     following ways:                                                              Director, Federal Energy Regulatory
                                                                                                                               • Electronic Filing through http://                                       Commission, 888 First Street NE.,
                                                 SUMMARY:   The Federal Power Act                                           www.ferc.gov. Documents created                                              Washington, DC 20426, (202) 502–
                                                 requires hydropower licensees to                                           electronically using word processing                                         6219, norman.richardson@ferc.gov.
                                                 recompense the United States for the                                       software should be filed in native
                                                                                                                                                                                                       SUPPLEMENTARY INFORMATION:
                                                 use, occupancy, and enjoyment of                                           applications or print-to-PDF format and
                                                 federal lands. The Commission assesses                                     not in a scanned format.                                                   Table of Contents

                                                                                                                                                                                                                                                        Paragraph
                                                                                                                                                                                                                                                          Nos.

                                                 I. Background ......................................................................................................................................................................................            2.
                                                       A. Order No. 774 .........................................................................................................................................................................                4.
                                                           1. Per-Acre Land Value ........................................................................................................................................................                       6.
                                                           2. Per-Acre Land Values for Alaska ....................................................................................................................................                               8.
                                                       B. Fiscal Year 2016 Fee Schedule ..............................................................................................................................................                          10.
                                                       C. Petition for Rulemaking .........................................................................................................................................................                     11.
                                                 II. Notice of Inquiry ............................................................................................................................................................................             14.
                                                 III. Proposed Rule ...............................................................................................................................................................................             24.
                                                 IV. Regulatory Requirements .............................................................................................................................................................                      30.
                                                       A. Information Collection Statement .........................................................................................................................................                            30.
                                                       B. Environmental Analysis .........................................................................................................................................................                      31.
                                                       C. Regulatory Flexibility Act ......................................................................................................................................................                     32.
                                                       D. Comment Procedures .............................................................................................................................................................                      38.
                                                       E. Document Availability ............................................................................................................................................................                    42.


                                                   1. The Federal Power Act (FPA)                                           land value, an encumbrance factor, a                                       I. Background
                                                 requires hydropower licensees that use                                     rate of return, and an annual adjustment                                      2. Section 10(e)(1) of the FPA requires
                                                 federal lands to compensate the United                                     factor. The per-acre land value for a                                      Commission hydropower licensees
                                                 States for the use, occupancy, and                                         particular county or geographic area                                       using federal lands to pay reasonable
                                                 enjoyment of federal lands.1 Currently,                                    (i.e., a regional per-acre land value) is                                  annual charges, as determined by the
                                                 the Commission uses a fee schedule,                                        determined using the average per-acre                                      Commission, to recompense the United
                                                 based on the U.S. Bureau of Land                                           land value identified by the National                                      States for the use and occupancy of its
                                                 Management’s (BLM) methodology for                                         Agricultural Statistics Service (NASS)                                     lands.2 While the Commission may
nlaroche on DSKBBV9HB2PROD with PROPOSALS




                                                 calculating rental rates for linear rights                                 Census. Under the proposed rule, the                                       periodically adjust these charges, it
                                                 of way, to calculate annual charges for                                    Commission would use a statewide                                           must seek to avoid increasing the price
                                                 use of federal lands. The Commission’s                                     average per-acre land value for the state
                                                 fee schedule identifies a fee for each                                     of Alaska, rather than a regional per-acre                                   2 16 U.S.C. 803(e)(1) (2012). Section 10(e)(1) also

                                                 county or geographic area, which is the                                                                                                               requires licensees to reimburse the United States for
                                                                                                                            land value.                                                                the costs of administering Part I of the FPA. Those
                                                 product of four components: A per-acre
                                                                                                                                                                                                       charges are calculated and billed separately from
                                                                                                                                                                                                       the land use charges, and are not the subject of this
                                                   1 16   U.S.C. 803(e)(1) (2012).                                                                                                                     proposed rule.



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                                                 41360                 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules

                                                 to power consumers by such charges.3                    county or geographic area ‘‘land and                     Anchorage and Juneau are very high,
                                                 In other words, licensees that use and                  buildings’’ category 8 from the NASS                     resulting in a substantial increase in
                                                 occupy federal lands for project                        Census. This NASS-published per-acre                     annual charges for the use of
                                                 purposes must compensate the United                     value is then reduced by the sum of a                    government lands by hydropower
                                                 States through payment of an annual                     state-specific modifier (to remove the                   licensees in these areas. However, the
                                                 fee, to be established by the                           value of irrigated lands) and seven                      Commission ultimately concluded that
                                                 Commission.4                                            percent (to remove the value of                          the commenters had not advanced a
                                                    3. The Commission has adopted                        buildings or other improvements). The                    sufficient explanation for why it was
                                                 various methods over the years to                       end result is the adjusted per-acre land                 more appropriate to use a statewide per-
                                                 accomplish this statutory directive.5                   value.                                                   acre value for Alaska, rather than the
                                                 Currently, the Commission uses a fee                       7. The NASS Census is conducted                       smallest NASS Census defined area for
                                                 schedule method, based on land values                   every five years, with an 18-month                       Alaska—the geographic area identifier.
                                                 published in the NASS Census, to                        delay before NASS publishes the census                   Although the Commission rejected the
                                                 calculate annual charges for use of                     data. The Commission incorporates                        use of a statewide per-acre land value
                                                 government lands. The Commission                        another 18-month delay to account for                    for Alaska in Order No. 774, the
                                                 adopted this approach in a final rule                   revisions, consistent with BLM’s                         Commission clarified that it would not
                                                 issued on January 12, 2013.6                            implementation of its 2008 rule.                         use rates based on the Anchorage Area
                                                                                                         Therefore, the Commission based the                      and the Juneau Area values to assess
                                                 A. Order No. 774
                                                                                                         2011–2015 fee schedules on data from                     annual land use charges ‘‘because these
                                                    4. In Order No. 774, the Commission                  the 2007 NASS Census. The                                high, urban-based rates would not
                                                 adopted a fee schedule method for                       Commission’s 2016–2020 fee schedules                     reasonably reflect the value of
                                                 calculating annual charges for use of                   will be based on data from the 2012                      government lands on which
                                                 government lands, based on BLM’s                        NASS Census; the 2021–2025 fee                           hydropower projects are located.’’ 10
                                                 methodology for calculating rental rates                schedules will be based on data from                     Instead, for purposes of determining a
                                                 for linear rights of way. Pursuant to                   the 2017 NASS Census; the 2026–2030                      per-acre land value, the Commission
                                                 section 11.2 of the Commission’s                        fee schedules will be based on data from                 decided to use the Kenai Peninsula Area
                                                 regulations, the Commission publishes                   the 2022 NASS Census; and so on.                         per-acre land value for projects located
                                                 an annual fee schedule which lists per-                 State-specific adjustments to the per-                   in the Anchorage Area or the Juneau
                                                 acre rental fees by county or geographic                acre land value are performed in the                     Area.
                                                 area.7 To calculate a licensee’s annual                 first year that data from a new NASS
                                                 charge for use of government lands, the                 Census are used, and will remain the                     B. Fiscal Year 2016 Fee Schedule
                                                 Commission multiplies the applicable                    same until the subsequent NASS Census                      10. The Commission used the 2012
                                                 county or geographic area per-acre fee                  data are used to calculate the                           NASS Census data to calculate its fee
                                                 identified in the fee schedule by the                   forthcoming set of fee schedules.                        schedule for the first time in Fiscal Year
                                                 number of federal acres used by the                                                                              (FY) 2016. Due to per-acre land value
                                                 hydroelectric project, as reported by that              2. Per-Acre Land Values for Alaska                       increases in the 2012 NASS Census
                                                 licensee.                                                  8. With regard to Alaska, Order No.                   data, hydropower projects located in
                                                    5. The per-acre rental fee for a                     774 explained that the final rule would                  certain geographic areas in Alaska
                                                 particular county or geographic area is                 adopt BLM’s approach to per-acre land                    experienced a significant increase in
                                                 calculated by multiplying four                          values by designating lands in Alaska as                 federal land use charges when
                                                 components: (1) A per-acre land value;                  part of one of the five NASS Census                      compared to the rates assessed in FY
                                                 (2) an encumbrance factor; (3) a rate of                geographic area identifiers: The                         2015.11
                                                 return; and (4) an annual adjustment                    Aleutian Islands Area, the Anchorage
                                                 factor.                                                                                                          C. Petition for Rulemaking
                                                                                                         Area, the Fairbanks Area, the Juneau
                                                                                                         Area, and the Kenai Peninsula Area.                        11. On June 6, 2016, the Alaska
                                                 1. Per-Acre Land Value
                                                                                                         Several commenters asserted that a per-                  Federal Land Fees Group, comprising
                                                    6. The first component—the per-acre                  acre statewide value, a category also                    six hydroelectric licensees with projects
                                                 land value—is based on average per-acre                 reported by the NASS Census, should be                   in Alaska (Alaska Group),12 petitioned
                                                 land values published in the NASS                       used to establish assessments for federal                the Commission to conduct a
                                                 Census. Specifically, the per-acre land                 land in Alaska.9                                         rulemaking to revise its method of
                                                 value is determined by the applicable                      9. Order No. 774 considered the                       calculating federal land use charges for
                                                                                                         arguments raised in support of a                         hydropower projects in Alaska. The
                                                   3 Id.
                                                                                                         statewide per-acre value. In particular,                 Alaska Group’s petition focuses solely
                                                    4 Pursuant to FPA section 17(a), 16 U.S.C. 810(a)
                                                                                                         several commenters asserted that it is                   on the first component of the
                                                 (2012), the fees collected for use of government
                                                 lands are allocated as follows: 12.5 percent is paid    inappropriate to use regional per-acre                   Commission’s fee schedule—the per-
                                                 into the Treasury of the United States, 50 percent      values for Alaska because Alaska does                    acre land value—and requests that the
                                                 is paid into the federal reclamation fund, and 37.5     not use county designations; the number                  Commission: (1) Calculate an adjusted
                                                 percent is paid into the treasuries of the states in                                                             statewide average per-acre land value
                                                 which particular projects are located. No part of the   of farms surveyed for the NASS Census
                                                 fees discussed in this proposed rule is used to fund    in the entire state of Alaska is less than               for Alaska and (2) apply this adjusted
                                                 the Commission’s operations.                            the number of farms surveyed in most
                                                    5 See Annual Charges for Use of Government                                                                      10 Id. at P 45.
                                                                                                         counties in the lower-48 states; and,
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                                                 Lands, Order No. 774, FERC Stats. & Regs. ¶ 31,341,                                                                11 In the 2012 NASS Census, changes in land
                                                 at PP 3–20 (2013) (cross-referenced at 142 FERC ¶       certain per-acre land values near                        values in other parts of the country varied widely:
                                                 61,045) (examining the myriad methodologies the                                                                  Some rose significantly, some rose by relatively
                                                 Commission has used or considered for assessing           8 The ‘‘land and buildings’’ is a combination of all   small amounts, and some decreased.
                                                 annual charges for the use of government lands          land use categories in the NASS Census, including           12 Alaska Electric Light and Power, Bradley Lake
                                                 since 1937) (Order No. 774).                            croplands (irrigated and non-irrigated),                 Project Management Committee (on behalf of
                                                    6 See generally, Order No. 774.                      pastureland/rangeland, woodland, and ‘‘other’’           licensee Alaska Energy Authority), Chugach Electric
                                                    7 18 CFR 11.2 (2017). The fee schedule is            (roads, ponds, wasteland, and land encumbered by         Association, the Ketchikan Public Utilities, Copper
                                                 published annually as part of Appendix A to Part        non-commercial/non-residential buildings).               Valley Electric Association, and Southeast Alaska
                                                 11 of the Commission’s regulations.                       9 Order No. 774 at P 44.                               Power Agency.



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                                                                       Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules                                                     41361

                                                 statewide average per-acre fee to all                   Commission sought input on whether                      representative assessment of fair market
                                                 projects in Alaska, except those located                the statewide value should be applied to                value of federal lands in [the Kenai and
                                                 in the Aleutian Islands area.13                         (i) all projects in Alaska, or (ii) all                 Fairbanks] areas of Alaska, because it
                                                    12. In support of this proposal, the                 projects in Alaska except those located                 draws on a larger and more diverse
                                                 Alaska Group states that due to the                     in the Aleutian Islands Area. Finally,                  dataset from across the state, and
                                                 small number of farms (and associated                   the Commission requested commenters                     ensures that rates are less prone to
                                                 acreage) that contribute to the data                    to identify which of the five geographic                fluctuation over time.’’ 16 According to
                                                 compiled in the NASS Census, there is                   regions of Alaska it should use to                      the Alaska Group, if the Commission
                                                 insufficient data in any individual                     calculate the statewide average per-acre                were to adopt a statewide average per-
                                                 Alaska area (with the exception of the                  land value.                                             acre land value for Alaska, it would
                                                 Aleutian Islands) 14 to produce a fair                     15. In addition, the Notice of Inquiry               recognize several unique burdens faced
                                                 estimate of land values within that area.               encouraged commenters to submit                         by Alaska hydropower licensees and
                                                 Because there are so few farms outside                  alternative proposals for determining a                 ratepayers, including the exclusive
                                                 of the Aleutian Islands area, the Alaska                reasonably accurate per-acre land value                 responsibility borne by Alaska
                                                 Group indicates that the per-acre land                  for projects in Alaska, provided that the               ratepayers for all costs associated with
                                                 values in the other four geographic areas               proposed calculation was based on data                  hydropower projects, including annual
                                                 of Alaska are extremely sensitive to any                published in the NASS Census. The                       charge assessments and the
                                                 changes in the voluntary, self-reported                 notice also invited federal land                        predominance of federal acreage in
                                                 farm data compiled by the NASS                          management agencies to comment on                       Alaska.
                                                 Census.                                                 how they would view reductions in                          20. Senator Murkowski urges the
                                                    13. For these reasons, the Alaska                    annual charges for the lands they                       Commission to use a statewide average
                                                 Group asserts that an adjusted statewide                administer.                                             per-acre land value, stating that the
                                                 average per-acre land value would better                   16. The Notice of Inquiry identified                 NASS Census data does not provide an
                                                 reflect the diverse topography of the                   five requirements that any proposed                     accurate accounting of land values in
                                                 state and insulate against land value                   methodology should satisfy, derived                     Alaska because the state has fewer farms
                                                 fluctuations caused by individual                       from the Commission’s statutory                         and farm acreage than any other state in
                                                 changes in farm data. The Alaska Group                  obligations under the FPA 15 and the                    the Pacific Northwest. Homer Electric,
                                                 believes that this method would                         Commission’s past experience in                         an electric distribution cooperative that
                                                 produce a more accurate estimate of the                 implementing various methodologies.                     provides service in the Kenai Peninsula,
                                                 fair market value of federal lands in                   Any proposed methodology must: (1)                      agrees with Senator Murkowski’s
                                                 Alaska.                                                 Apply uniformly to all licensees in                     comments that the NASS Census data
                                                                                                         Alaska; (2) avoid exorbitant                            does not provide an accurate accounting
                                                 II. Notice of Inquiry
                                                                                                         administrative costs; (3) not be subject                of Alaskan land values. Homer Electric
                                                    14. On November 17, 2016, the                        to review on an individual basis; (4)                   also urges the Commission to adopt a
                                                 Commission issued a Notice of Inquiry                   reflect reasonably accurate land                        statewide average per-acre land value
                                                 soliciting input on a narrow question                   valuations; and (5) avoid an                            for Alaska.
                                                 related to its current methodology for                  unreasonable increase in costs to                          21. Kodiak Electric, a licensee of a
                                                 calculating annual charges for the use of               consumers.                                              hydropower project located in the
                                                 government lands—whether regional                          17. In response to the Notice of                     Aleutian Islands Area, states that the
                                                 per-acre land values based on data                      Inquiry, seven entities filed comments:                 regional per-acre land values published
                                                 published in the NASS Census ‘‘land                     The Alaska Group; U.S. Senator Lisa                     in the NASS Census result in reasonably
                                                 and buildings’’ category result in                      Murkowski; Homer Electric Association,                  accurate land valuations for hydropower
                                                 reasonably accurate land valuations for                 Inc. (Homer Electric); Kodiak Electric                  lands in the Aleutian Islands Area.
                                                 projects that occupy federal lands in                   Association, Inc. (Kodiak Electric); the                Because of the large number of
                                                 Alaska. In response to the proposal                     U.S. Forest Service (Forest Service); Erin              agricultural acreage reported by the
                                                 advanced by the Alaska Group’s petition                 Noakes; and Chelsea Liddell.                            NASS Census for the Aleutian Islands
                                                 for rulemaking, the Notice of Inquiry                      18. The Alaska Group filed comments                  Area, Kodiak Electric believes no
                                                 requested comments on several specific                  reiterating its position that the                       changes to the Commission’s current
                                                 questions. First, the Commission asked                  Commission should adopt a statewide                     methodology are needed for this
                                                 whether it should use a statewide                       average per-acre land value for all                     geographic region. If the Commission
                                                 average per-acre land value rather than                 hydropower projects in Alaska, and that                 decides to adopt a statewide average
                                                 a regional per-acre land value to                       the statewide average should be applied                 per-acre land value for hydropower
                                                 calculate the adjusted per-acre land                    to all projects in Alaska, except those                 projects in Alaska, Kodiak Electric
                                                 value for projects that occupy federal                  located in the Aleutian Islands Area.                   recommends that the Commission
                                                 lands in Alaska. Second, if a statewide                 The Alaska Group states that it does not                refrain from applying the statewide
                                                 average per-acre value is preferred, the                believe that the Commission needs to                    value to projects located in the Aleutian
                                                                                                         change its methodology for calculating                  Islands Area.
                                                    13 The Alaska Group requests that any project
                                                                                                         annual charges for the Aleutian Islands                    22. The Forest Service observes that
                                                 located in the Aleutian Islands Area continue to be
                                                 assessed annual charges for use of government           Area since the substantial amount of                    from an economic perspective the use of
                                                 lands based on a regional per-acre land value.          agricultural acreage represented in the                 a statewide average per-acre land value
                                                    14 The Alaska Group contends that because the        NASS Census data results in a fair                      for Alaska, derived from data published
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                                                 Aleutian Islands Area contains the greatest amount      estimate of land values for this
                                                 of farmland in the state (668,016 acres), the NASS
                                                                                                                                                                 in the NASS Census, would result in a
                                                 Census data for the Aleutian Islands Area is            particular region.                                      significant reduction in rental rates for
                                                 ‘‘robust, reliable, and an accurate estimate of fair       19. In support of its position, the                  the land in question. However, the
                                                 market value.’’ Alaska Group’s June 6, 2016 Petition    Alaska Group states that the use of a                   Forest Service states that it does not
                                                 for Rulemaking at 18. Therefore, the Alaska Group       statewide average per-acre land value
                                                 requests that the proposed statewide average per-
                                                                                                                                                                 recommend the use of a fee schedule
                                                 acre land value be applied to all hydropower
                                                                                                         would provide ‘‘a more robust and
                                                 projects located in Alaska, except those projects                                                                 16 The Alaska Group’s January 24, 2017

                                                 located in the Aleutian Islands Area.                     15 See   16 U.S.C. 803(e)(1) (2012).                  Comments on Notice of Inquiry at 16–17.



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                                                 41362                 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules

                                                 based on NASS Census data for Alaska                    will continue to apply the regional per-              Schedule, instead of continuing to use
                                                 because of the small number of farms in                 acre land value for the Aleutian Islands              NASS Census data to establish federal
                                                 the state. Instead, the Forest Service                  Area.                                                 land use charges for all areas of the
                                                 recommends that the Commission                             26. We believe this proposal responds              country.
                                                 calculate federal land charges for Alaska               to the issues identified by the                          29. In addition, the Forest Service
                                                 using BLM’s ‘‘Minimum Rent Schedule                     petitioners—the prevalence of federal                 suggests that the Commission consider a
                                                 for BLM Land Use Authorizations in                      lands in Alaska, the sparse amount of                 fee based on power generated, similar to
                                                 Alaska 2015.’’ The Forest Service also                  agricultural acreage reflected in the                 the solar fee schedule. For solar energy
                                                 suggests that the Commission consider a                 NASS Census, and the increase in                      right-of-way authorizations, BLM
                                                 fee based on power generated, similar to                annual charges that resulted when the                 charges a combined rent and fee
                                                 BLM’s solar fee schedule.                               Commission began using data from the                  consisting of an acreage rent paid
                                                   23. Erin Noakes and Chelsea Liddell                   2012 NASS Census. Combining the                       annually regardless of the stage of
                                                 each filed individual comments                          value of the farmland acreage in the                  development, and a megawatt capacity
                                                 recommending that the Commission                        Kenai Peninsula and Fairbanks Areas to                fee paid annually once electricity
                                                 decline the request to alter its current                calculate a statewide average land value              generation begins.19 BLM uses per-acre
                                                 methodology for calculating federal land                will result in a larger, more robust data             data from the ‘‘land and buildings’’
                                                 charges for hydropower projects in                      set. A larger data set will be less prone             category of the NASS Census as a
                                                 Alaska. Ms. Noakes observes that the                    to future fluctuation due to changes in               baseline for determining the acreage
                                                 use of a statewide average per-acre land                the level of participation in NASS                    rent.20 Since this method is based on the
                                                 value may result in the under-collection                Census data reporting or specific                     same regional NASS Census data that
                                                 of reasonable annual charges for the use                anomalies in the data reported. We are                the Alaska Group questions, and
                                                 of federal lands by hydropower projects                 satisfied that a statewide average per-               includes a megawatt capacity fee in
                                                 in Alaska. Ms. Liddell asserts that the                 acre land value based on the NASS                     addition to the acreage rent,21 it does
                                                 Alaska Group has not sufficiently                       Census data from the ‘‘land and                       not address the Alaska Group’s
                                                 demonstrated that a statewide average                   buildings’’ category for the Kenai                    suggestion that a larger, more robust
                                                 per-acre land value would be any more                   Peninsula and Fairbanks Areas will                    data set is needed to balance the paucity
                                                 accurate than a regional per-acre land                  result in reasonably accurate land                    of regional agricultural acreage for
                                                 value.                                                  values for hydropower projects that                   Alaska reflected in the NASS Census. In
                                                                                                         occupy federal lands in Alaska.                       addition, the acreage rent is determined
                                                 III. Proposed Rule                                                                                            using a fee schedule that is divided into
                                                                                                            27. While the Commission is
                                                    24. The Commission proposes to                       proposing to implement a statewide                    geographic zones, a practice that the
                                                 adopt the use of a statewide average per-               average per-acre land value to address                Commission previously rejected.22 For
                                                 acre land value, rather than a regional                 these concerns, we are not persuaded                  these reasons, the Commission will not
                                                 per-acre land value, for the purposes of                that the Aleutian Islands Area values,                consider this alternative further.
                                                 calculating annual charges for                          which are lower than land values
                                                 hydropower projects that occupy federal                                                                       IV. Regulatory Requirements
                                                                                                         elsewhere in the state, should be used
                                                 lands in Alaska.                                        in calculating a statewide average that is            A. Information Collection Statement
                                                    25. To calculate the statewide average               applied to hydropower projects located                  30. The Paperwork Reduction Act 23
                                                 per-acre land value for Alaska, the                     outside of the Aleutian Islands Area.                 requires each federal agency to seek and
                                                 Commission will average the data                           28. The Forest Service recommends
                                                 published in the ‘‘lands and buildings’’                that the Commission employ a method                     19 See Competitive Processes, Terms, and
                                                 category of the NASS Census for two                     based on the 2015 Minimum Rent                        Conditions for Leasing Public Lands for Solar and
                                                 geographic areas: the Kenai Peninsula                   Schedule for BLM Land Use
                                                                                                                                                               Wind Energy Development and Technical Changes
                                                 Area and the Fairbanks Area.17 Pursuant                                                                       and Corrections, 81 FR 92,122, 92,217–18
                                                                                                         Authorizations in Alaska.18 Following                 (December 19, 2016) (to be codified at 43 CFR pts.
                                                 to the Commission’s current                             an analysis of this alternative,                      2800 and 2880).
                                                 methodology, this statewide average                     Commission staff concluded that the use                 20 The acreage rent is calculated by multiplying

                                                 will be reduced by Alaska’s state-                      of BLM’s Minimum Rent Schedule                        the number of acres included in the right-of-way
                                                 specific reduction to remove the value                                                                        authorization by a per-acre zone rate from the solar
                                                                                                         would result in higher per-acre fees                  energy acreage rent schedule. To determine the per-
                                                 of irrigated lands, as well as a seven                  compared to the Commission’s current                  acre zone rate, BLM calculates a state-specific
                                                 percent reduction to remove the value of                methodology. BLM’s Minimum Rent                       factor, applies the state-specific factor to NASS-
                                                 buildings. The Commission will apply                    Schedule for Alaska uses land values
                                                                                                                                                               published data, and uses the resulting per-acre
                                                 the resulting adjusted statewide average                                                                      value to assign a particular county or geographic
                                                                                                         based on rural sales data. The                        area to the appropriate rent schedule zone.
                                                 per-acre land value to all hydropower                   underlying land values for the Kenai                    21 The Commission previously rejected, as
                                                 projects in Alaska except for projects                  Peninsula, Fairbanks, and Aleutian                    unreasonable, methods based on power sale
                                                 located in the Aleutian Islands Area.                   Islands Areas are all higher than the                 revenues or a rate per kilowatt hour because such
                                                 Because of the large amount of farmland                                                                       fees would result in a royalty as if the occupied
                                                                                                         corresponding land values published in                federal lands themselves were producing power.
                                                 acreage represented in the NASS Census                  the NASS Census. The Commission                       Such criticism could also be levied against a
                                                 for the Aleutian Islands Area, the                      does not believe that there is sufficient             megawatt capacity fee. See Annual Charges for the
                                                 Commission is satisfied that the NASS                   justification for using—only for
                                                                                                                                                               Use of Government Lands, FERC Stats. & Regs ¶
                                                 Census data for this geographic area                                                                          32,684; 137 FERC ¶ 61,139, at P 9 (2011) (citing
                                                                                                         Alaska—BLM’s Minimum Rent                             Revision of the Billing Procedures for Annual
                                                 results in reasonably accurate per-acre
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                                                                                                                                                               Charges for Administering Part I of the Federal
                                                 land values. Therefore, the Commission                    18 See generally BLM, Rent for Remote Non-          Power Act and to the Methodology for Assessing
                                                                                                         Linear Rights-of-Way, Permits and Leases, https://    Federal Land Use Charges, Order No. 469, FERC
                                                   17 As we noted earlier, the Commission does not       www.blm.gov/policy/im-ak-2015-010 (instruction        Stats. & Regs., Regulations Preambles ¶ 30,741, at
                                                 use the NASS Census data from the Anchorage Area        memorandum describing the U.S. Department of the      30,589–90 (1987)).
                                                                                                                                                                 22 See Order No. 774 at PP 23–24 (. . . ‘‘the
                                                 or the Juneau Area for the purpose of determining       Interior—Office of Valuation Services’ April 2015
                                                 per-acre land values because the predominantly          Minimum Rent Analysis & Schedule, which               Commission agreed with commenters that BLM’s
                                                 high, urban-based rates do not reasonably reflect the   provides guidance and a rental schedule for land      ‘zone system’ inflates the values of all counties in
                                                 value of government lands on which hydropower           use authorizations of up to 25 acres across each of   a zone except the highest valued county.’’).
                                                 projects are located. See supra P 9.                    BLM’s district and field offices in Alaska).            23 44 U.S.C. 3501–3521 (2012).




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                                                                        Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules                                        41363

                                                 obtain Office of Management and                         lands by hydropower licensees. To date,               that commenters may wish to discuss.
                                                 Budget (OMB) approval before                            the Commission has issued 21 active                   Comments are due October 30, 2017.
                                                 undertaking a collection of information                 licenses that occupy federal lands in                 Comments must refer to Docket No.
                                                 directed to ten or more persons or                      Alaska to 15 discrete entities. Therefore,            RM16–19–000, and must include the
                                                 contained in a rule of general                          the proposed rule will apply to a total               commenter’s name, the organization
                                                 applicability. OMB regulations require                  of 15 entities. Of these 15 entities, 13              they represent, if applicable, and their
                                                 approval of certain information                         entities would be impacted by the                     address.
                                                 collection requirements contemplated                    proposed rule because they hold                          39. The Commission encourages
                                                 by proposed rules.24 This proposed rule                 licenses that occupy federal lands in the             comments to be filed electronically via
                                                 does not impose or alter existing                       Kenai Peninsula, Fairbanks, Juneau, or                the eFiling link on the Commission’s
                                                 reporting or recordkeeping requirements                 Anchorage Areas. The proposed rule                    Web site at http://www.ferc.gov. The
                                                 on applicable entities as defined by the                adopts the use of a statewide average                 Commission accepts most standard
                                                 Paperwork Reduction Act.25 As a result,                 per-acre land value, rather than a                    word processing formats. Documents
                                                 this proposed rule does not trigger the                 regional per-acre land value, for the                 created electronically using word
                                                 Paperwork Reduction Act.                                purpose of calculating annual charges                 processing software should be filed in
                                                                                                         for the use of federal lands in Alaska.               native applications or print-to-PDF
                                                 B. Environmental Analysis                               The Commission will apply the                         format and not in a scanned format.
                                                   31. The Commission is required to                     statewide average per-acre land value to              Commenters filing electronically do not
                                                 prepare an Environmental Assessment                     all hydropower projects in Alaska,                    need to make a paper filing.
                                                 or an Environmental Impact Statement                    except for projects located in the
                                                 for any action that may have a                          Aleutian Islands Area. The Commission                    40. Commenters that are not able to
                                                 significant effect on the human                         will continue to apply the regional per-              file comments electronically must send
                                                 environment.26 Commission actions                       acre land value for the Aleutian Islands              an original of their comments to:
                                                 concerning annual charges are                           Area.                                                 Federal Energy Regulatory Commission,
                                                 categorically exempt from this                             35. Based on a review of the 13                    Secretary of the Commission, 888 First
                                                 requirement.27                                          licensees that would be impacted by the               Street NE., Washington, DC 20426.
                                                                                                         proposed rule, we estimate that most, if                 41. All comments will be placed in
                                                 C. Regulatory Flexibility Act                           not all, are small entities under the SBA             the Commission’s public files and may
                                                    32. The Regulatory Flexibility Act of                definition. These 13 licensees include                be viewed, printed, or downloaded
                                                 1980 (RFA) 28 generally requires a                      utilities, non-for-profit electric                    remotely as described in the Document
                                                 description and analysis of proposed                    cooperatives, cities, and companies.                  Availability section below. Commenters
                                                 rules that will have significant                           36. Any impact on these small entities             on this proposal are not required to
                                                 economic impact on a substantial                        would not be significant. Under the                   serve copies of their comments on other
                                                 number of small entities. The RFA                       proposed rule, a statewide average per-               commenters.
                                                 mandates consideration of regulatory                    acre land value for hydropower lands in
                                                                                                         Alaska would be calculated based on a                 E. Document Availability
                                                 alternatives that accomplish the stated
                                                 objectives of a proposed rule and                       larger agricultural data set, resulting in              42. In addition to publishing the full
                                                 minimize any significant economic                       land values that will be less prone to                text of this document in the Federal
                                                 impact on a substantial number of small                 future fluctuation caused by changes in               Register, the Commission provides all
                                                 entities.29                                             census data reporting. For Fiscal Year                interested persons an opportunity to
                                                    33. The Small Business                               (FY) 2017, the use of a statewide average             view and print the contents of this
                                                 Administration’s (SBA) Office of Size                   per-acre land value would result in a                 document via the Internet through the
                                                 Standards develops the numerical                        lower per-acre fee than that assessed in              Commission’s Home Page (http://
                                                 definition of a small business.30 The                   FY 2016. Accordingly, the 13 affected                 www.ferc.gov) and in the Commission’s
                                                 SBA revised its size standard for electric              licensees would pay lower annual                      Public Reference Room during normal
                                                 utilities (effective January 22, 2014)                  charge assessments for use of federal                 business hours (8:30 a.m. to 5:00 p.m.
                                                 from a standard based on megawatt                       lands in FY 2017 than they did the                    Eastern time) at 888 First Street NE.,
                                                 hours to a standard based on the                        previous fiscal year. Furthermore, six of             Room 2A, Washington, DC 20426.
                                                 number of employees, including                          the 13 affected licensees are members of
                                                                                                                                                                 43. From the Commission’s Home
                                                 affiliates.31 Under SBA’s current size                  the Alaska Group, which petitioned the
                                                                                                                                                               Page on the Internet, this information is
                                                 standards, a hydroelectric generator is                 Commission to revise its methodology
                                                                                                                                                               available on eLibrary. The full text of
                                                 small if, including its affiliates, it                  for calculating annual charges for use of
                                                                                                                                                               this document is available on eLibrary
                                                 employs 500 or fewer people.32                          federal lands by establishing a statewide
                                                                                                                                                               in PDF and Microsoft Word format for
                                                    34. Section 10(e)(1) of the FPA                      average per-acre land value for Alaska.
                                                                                                                                                               viewing, printing, and/or downloading.
                                                 requires that the Commission fix a                      Consequently, the proposed rule should
                                                                                                                                                               To access this document in eLibrary,
                                                 reasonable annual charge for the use,                   not impose a significant economic
                                                                                                                                                               type the docket number excluding the
                                                 occupancy, and enjoyment of federal                     impact on small entities.
                                                                                                            37. Accordingly, pursuant to section               last three digits of this document in the
                                                   24 See                                                605(b) of the RFA, the Commission                     docket number field.
                                                          5 CFR 1320.11 (2017).
                                                   25 44 U.S.C. 3502(2)–(3) (2012).                      certifies that this proposed rule will not              44. User assistance is available for
                                                   26 Regulations Implementing the National              have a significant economic impact on                 eLibrary and the Commission’s Web site
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                                                 Environmental Policy Act of 1969, Order No. 486,        a substantial number of small entities.               during normal business hours from the
                                                 FERC Stats. & Regs. ¶ 30,783 (1987).                                                                          Commission’s Online Support at 202–
                                                   27 18 CFR 380.4 (a)(11) (2017).                       D. Comment Procedures                                 502–6652 (toll free at 1–866–208–3676)
                                                   28 5 U.S.C. 601–612.
                                                   29 5 U.S.C. 603(c) (2012).
                                                                                                           38. The Commission invites interested               or email at ferconlinesupport@ferc.gov,
                                                   30 13 CFR 121.101 (2017).                             persons to submit comments on the                     or the Public Reference Room at (202)
                                                   31 SBA Final Rule on ‘‘Small Business Size            matters and issues proposed in this                   502–8371, TTY (202) 502–8659. Email
                                                 Standards: Utilities,’’ 78 FR 77,343 (Dec. 23, 2013).   notice to be adopted, including any                   the Public Reference Room at
                                                   32 13 CFR 121.201, Sector 22, Utilities (2017).       related matters or alternative proposals              public.referenceroom@ferc.gov.


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                                                 41364                 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Proposed Rules

                                                 List of Subjects in 18 CFR Part 11                      and Risk-Based Preventive Controls for                identified, as confidential, if submitted
                                                   Dams, Electric power, Indians-lands,                  Human Food: Guidance for Industry.’’                  as detailed in ‘‘Instructions.’’
                                                 Public lands, Reporting and                             This multichapter draft guidance is                      Instructions: All submissions received
                                                 recordkeeping requirements.                             intended to explain our current thinking              must include the Docket No. FDA–
                                                                                                         on how to comply with the                             2016–D–2343 for ‘‘Hazard Analysis and
                                                   By direction of the Commission.                       requirements for hazard analysis and                  Risk-Based Preventive Controls for
                                                   Issued: August 17, 2017.                              risk-based preventive controls under our              Human Food: Guidance for Industry.’’
                                                 Nathaniel J. Davis, Sr.,                                rule entitled ‘‘Current Good                          Received comments will be placed in
                                                 Deputy Secretary.                                       Manufacturing Practice, Hazard                        the docket and, except for those
                                                                                                         Analysis, and Risk-Based Preventive                   submitted as ‘‘Confidential
                                                   In consideration of the foregoing, the                                                                      Submissions,’’ publicly viewable at
                                                                                                         Controls for Human Food.’’ The newly
                                                 Federal Energy Regulatory Commission                                                                          https://www.regulations.gov or at the
                                                                                                         available draft chapter is entitled
                                                 proposes to amend Part 11, Chapter I,                                                                         Dockets Management Staff office
                                                                                                         ‘‘Chapter Six—Use of Heat Treatments
                                                 Title 18, Code of Federal Regulations, as                                                                     between 9 a.m. and 4 p.m., Monday
                                                                                                         as a Process Control.’’
                                                 follows:                                                                                                      through Friday.
                                                                                                         DATES: Although you can comment on
                                                                                                         any guidance at any time (see 21 CFR                     • Confidential Submissions—To
                                                 PART 11—ANNUAL CHARGES UNDER
                                                                                                         10.115(g)(5)), to ensure that we consider             submit a comment with confidential
                                                 PART I OF THE FEDERAL POWER ACT
                                                                                                         your comment on this draft guidance                   information that you do not wish to be
                                                 ■ 1. The authority citation for part 11                 before we issue the final version of the              made publicly available, submit your
                                                 continues to read as follows:                           guidance, submit either electronic or                 comments only as a written/paper
                                                                                                         written comments by February 27, 2018.                submission. You should submit two
                                                   Authority: 16 U.S.C. 792–828c; 42 U.S.C.
                                                                                                            You may submit comments as                         copies total. One copy will include the
                                                 7101–7352.
                                                                                                         follows:                                              information you claim to be confidential
                                                 ■ 2. In § 11.2, add paragraph (c)(1)(iv) to                                                                   with a heading or cover note that states
                                                 read as follows:                                        Electronic Submissions                                ‘‘THIS DOCUMENT CONTAINS
                                                 *     *     *     *     *                                 Submit electronic comments in the                   CONFIDENTIAL INFORMATION.’’ The
                                                   (c) * * *                                             following way:                                        Agency will review this copy, including
                                                   (1) * * *                                               • Federal eRulemaking Portal:                       the claimed confidential information, in
                                                   (iv) For all geographic areas in Alaska               https://www.regulations.gov. Follow the               its consideration of comments. The
                                                 except for the Aleutian Islands Area, the               instructions for submitting comments.                 second copy, which will have the
                                                 Commission will calculate a statewide                   Comments submitted electronically,                    claimed confidential information
                                                 average per-acre land value based on the                including attachments, to https://                    redacted/blacked out, will be available
                                                 average per-acre land and building                      www.regulations.gov will be posted to                 for public viewing and posted on
                                                 values published in the NASS Census                     the docket unchanged. Because your                    https://www.regulations.gov. Submit
                                                 for the Kenai Peninsula and the                         comment will be made public, you are                  both copies to the Dockets Management
                                                 Fairbanks Areas. This statewide average                 solely responsible for ensuring that your             Staff. If you do not wish your name and
                                                 per-acre value will be reduced by the                   comment does not include any                          contact information to be made publicly
                                                 sum of the state-specific modifier and                  confidential information that you or a                available, you can provide this
                                                 seven percent. The resulting adjusted                   third party may not wish to be posted,                information on the cover sheet and not
                                                 statewide average per-acre value will be                such as medical information, your or                  in the body of your comments and you
                                                 applied to all projects located in Alaska,              anyone else’s Social Security number, or              must identify this information as
                                                 except for those projects located in the                confidential business information, such               ‘‘confidential.’’ Any information marked
                                                 Aleutian Island Area.                                   as a manufacturing process. Please note               as ‘‘confidential’’ will not be disclosed
                                                 *     *     *     *     *                               that if you include your name, contact                except in accordance with 21 CFR 10.20
                                                 [FR Doc. 2017–17846 Filed 8–30–17; 8:45 am]             information, or other information that                and other applicable disclosure law. For
                                                 BILLING CODE 6717–01–P                                  identifies you in the body of your                    more information about FDA’s posting
                                                                                                         comments, that information will be                    of comments to public dockets, see 80
                                                                                                         posted on https://www.regulations.gov.                FR 56469, September 18, 2015, or access
                                                 DEPARTMENT OF HEALTH AND                                  • If you want to submit a comment                   the information at: https://www.gpo.gov/
                                                 HUMAN SERVICES                                          with confidential information that you                fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                         do not wish to be made available to the               23389.pdf.
                                                 Food and Drug Administration                            public, submit the comment as a                          Docket: For access to the docket to
                                                                                                         written/paper submission and in the                   read background documents or the
                                                 21 CFR Part 117                                         manner detailed (see ‘‘Written/Paper                  electronic and written/paper comments
                                                                                                         Submissions’’ and ‘‘Instructions’’).                  received, go to https://
                                                 [Docket No. FDA–2016–D–2343]                                                                                  www.regulations.gov and insert the
                                                                                                         Written/Paper Submissions                             docket number, found in brackets in the
                                                 Hazard Analysis and Risk-Based
                                                                                                           Submit written/paper submissions as                 heading of this document, into the
                                                 Preventive Controls for Human Food:
                                                                                                         follows:                                              ‘‘Search’’ box and follow the prompts
                                                 Guidance for Industry; Availability
                                                                                                           • Mail/Hand delivery/Courier (for                   and/or go to the Dockets Management
                                                 AGENCY:    Food and Drug Administration,                written/paper submissions): Dockets                   Staff, 5630 Fishers Lane, Rm. 1061,
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                                                 HHS.                                                    Management Staff (HFA–305), Food and                  Rockville, MD 20852.
                                                 ACTION:   Notification of availability.                 Drug Administration, 5630 Fishers                        Submit written requests for single
                                                                                                         Lane, Rm. 1061, Rockville, MD 20852.                  copies of the draft guidance to Office of
                                                 SUMMARY:   The Food and Drug                              • For written/paper comments                        Food Safety, Center for Food Safety and
                                                 Administration (FDA, we, or Agency) is                  submitted to the Dockets Management                   Applied Nutrition, Food and Drug
                                                 announcing the availability of another                  Staff, FDA will post your comment, as                 Administration (HFS–300), 5001
                                                 draft chapter of a multichapter guidance                well as any attachments, except for                   Campus Dr., College Park, MD 20740.
                                                 for industry entitled ‘‘Hazard Analysis                 information submitted, marked and                     Send two self-addressed adhesive labels


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Document Created: 2017-09-23 10:08:34
Document Modified: 2017-09-23 10:08:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments are due October 30, 2017.
ContactTara DiJohn (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8671, [email protected] Norman Richardson (Technical Information), Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6219, [email protected]
FR Citation82 FR 41359 
CFR AssociatedDams; Electric Power; Indians-Lands; Public Lands and Reporting and Recordkeeping Requirements

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