[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Pages 18515-18518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9799]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR PART 142
RIN 1076 AD66
Operation of U.S.M.S. ``North Star'' Between Seattle, Washington,
and Stations of the Bureau of Indian Affairs and Other Government
Agencies, Alaska
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
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SUMMARY: The Bureau of Indian Affairs (BIA) is amending 25 CFR part 142
as mandated by Executive Order 12866 to streamline the regulatory
process and enhance the planning and coordination of existing
regulations.
EFFECTIVE DATE: These regulations take effect May 16, 1997.
SUPPLEMENTARY INFORMATION: The authority to issue rules and regulations
is vested in the Secretary of the Interior by 5 U.S.C. 301 and sections
463 and 465 of the Revised Statutes, 25 U.S.C. 2 and 9.
The U.S.M.S. North Star has been decommissioned. However, the need
for a resupply operation in Alaska continues. The Juneau Area Office
administers the Alaska Resupply Operation through the Seattle Support
Center. All accounts receivable and payable are handled by the Seattle
[[Page 18516]]
Support Center that also publishes a tariff of rates and conditions.
Review of Public Comments
The proposed rule was published on June 20, 1996, 61 FR 31470. The
one comment received during the comment period ending August 19, 1996,
was considered in drafting this final rule.
One commenter requested that Alaska Tribal Governments be included
in Section 142.4(a), the entities for whom the Alaska Resupply
Operation is operated.
Response: This recommendation has been incorporated in this rule.
Evaluation and Certification
Executive Order 12988
The Department has certified to the Office of Management and Budget
(OMB) that this rule meets the applicable standards provided in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Executive Order 12866
This rule is not a significant regulatory action under Executive
Order 12866.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Discontinuance of the resupply operation in
Alaska would adversely impact Alaska Native Tribes, Alaska Natives,
Indian or Native owned businesses, profit or nonprofit Alaska Native
corporations, Native cooperatives or organizations, or such other
groups or individuals as may be sponsored by any Native or Indian
organization, other Federal agencies and the State of Alaska and its
subsidiaries whose beneficiaries are the Alaska Natives or their
communities, and Non-Indians and Non-Natives and commercial
establishments that economically or materially benefit Alaska Natives
or Indians. The Alaska Resupply Operation must make reasonable efforts
to restrict competition with private enterprises.
Executive Order 12630
The Department has determined that this rule does not have
significant ``takings'' implications. The rule does not pertain to
``taking'' of private property interests, nor does it impact private
property.
Executive Order 12612
The Department has determined that this rule does not have
significant federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights and
responsibilities of states.
NEPA Statement
The Department has determined that this rule does not constitute a
major Federal action significantly affecting the quality of the human
environment and that no detailed statement is required pursuant to the
National Environmental Policy Act of 1969.
Unfunded Mandates Act of 1995
This rule imposes no unfunded mandates on any governmental or
private entity and is in compliance with the provisions of the Unfunded
Mandates Act of 1995.
Paperwork Reduction Act of 1995
There are no information collection requirements contained in this
rule which require the approval of the Office of Management and Budget
under 44 U.S.C. 3501 et seq.
Drafting Information: The primary author of this document is Alan
E. Mather, Traffic Manager, Seattle Support Center, Juneau Area Office,
Bureau of Indian Affairs.
List of Subjects in 25 CFR Part 142
Indians--shipping; Indians--maritime carriers.
For the reasons given in the preamble, Part 142, Chapter I of Title
25 of the Code of Federal Regulations is amended as set forth below:
PART 142--ALASKA RESUPPLY OPERATION
Sec.
142.1 Definitions.
142.2 What is the purpose of the Alaska Resupply Operation?
142.3 Who is responsible for the Alaska Resupply Operation?
142.4 For whom is the Alaska Resupply Operation operated?
142.5 Who determines the rates and conditions of service of the
Alaska Resupply Operation?
142.6 How are the rates and conditions for the Alaska Resupply
Operation established?
142.7 How are transportation and scheduling determined?
142.8 Is economy of operation a requirement for the Alaska Resupply
Operation?
142.9 How are orders accepted?
142.10 How is freight to be prepared?
142.11 How is payment made?
142.12 What is the liability of the United States for loss or
damage?
142.13 Information collection.
Authority: 5 U.S.C. 301; R.S. 463; 25 U.S.C. 2; R.S. 465; 25
U.S.C. 9; 42 Stat. 208; 25 U.S.C. 13; 38 Stat. 586.
Sec. 142.1 Definitions.
Area Director means the Area Director, Juneau Area Office, Bureau
of Indian Affairs.
Bureau means Bureau of Indian Affairs.
Department means Department of the Interior.
Manager means Manager of the Seattle Support Center.
Must is used in place of shall and indicates a mandatory or
imperative act or requirement.
Indian means any individual who is a member of an Indian tribe.
Indian tribe means an Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to Public Law 103-
454, 108 Stat. 4791.
Alaska Native means a member of an Alaska Native village or a
Native shareholder in a corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et
seq.
Sec. 142.2 What is the purpose of the Alaska Resupply Operation?
The Alaska Resupply Operation provides consolidated purchasing,
freight handling and distribution, and necessary transportation
services from Seattle, Washington to and from other points in Alaska or
en route in support of the Bureau's mission and responsibilities.
Sec. 142.3 Who is responsible for the Alaska Resupply Operation?
The Seattle Support Center, under the direction of the Juneau Area
Office, is responsible for the operation of the Alaska Resupply
Operation, including the management of all facilities and equipment,
personnel, and procurement of goods and services.
(a) The Seattle Support Center is responsible for publishing the
rates and conditions that must be published in a tariff.
(b) All accounts receivable and accounts payable are handled by the
Seattle Support Center.
(c) The Manager must make itineraries for each voyage in
conjunction with contracted carriers. Preference is to be given to the
work of the Bureau.
(d) The Area Director is authorized to direct the Seattle Support
Center to perform special services that may arise and to act in any
emergency.
Sec. 142.4 For whom is the Alaska Resupply Operation operated?
The Manager is authorized to purchase and resell food, fuel,
clothing, supplies and materials, and to order,
[[Page 18517]]
receive, stage, package, store and transport these goods and materials
for:
(a) Alaska Native Tribes, Alaska Natives, Indian or Native owned
businesses, profit or nonprofit Alaska Native corporations, Native
cooperatives or organizations, or such other groups or individuals as
may be sponsored by any Native or Indian organization.
(b) Other Federal agencies and the State of Alaska and its
subsidiaries, as long as the ultimate beneficiaries are the Alaska
Natives or their communities.
(c) Non-Indians and Non-Natives and commercial establishments that
economically or materially benefit Alaska Natives or Indians.
(d) The Manager must make reasonable efforts to restrict
competition with private enterprise.
Sec. 142.5 Who determines the rates and conditions of service of the
Alaska Resupply Operation?
The general authority of the Assistant Secretary--Indian Affairs to
establish rates and conditions for users of the Alaska Resupply
Operation is delegated to the Area Director.
(a) The Manager must develop a tariff that establishes rates and
conditions for charging users.
(1) The tariff must be approved by the Area Director.
(2) The tariff must be published on or before March 1 of each year.
(3) The tariff must not be altered, amended, or published more
frequently than once each year, except in an extreme emergency.
(4) The tariff must be published, circulated and posted throughout
Alaska, particularly in the communities commonly and historically
served by the resupply operation.
(b) The tariff must include standard freight categories and rate
structures that are recognized within the industry, as well as any
appropriate specialized warehouse, handling and storage charges.
(c) The tariff must specify rates for return cargo and cargo hauled
between ports.
(1) The rates and conditions for the Bureau, other Federal
agencies, the State of Alaska and its subsidiaries must be the same as
that for Native entities.
(2) Different rates and conditions may be established for non-
Indian and non-Native commercial establishments, if those
establishments do not meet the standard in Sec. 142.4(c) and no other
service is available to that location.
Sec. 142.6 How are the rates and conditions for the Alaska Resupply
Operation established?
The Manager must develop tariff rates using the best modeling
techniques available to ensure the most economical service to the
Alaska Natives, Indian or Native owned businesses, profit or nonprofit
Alaska Native corporations, Native cooperatives or organizations, or
such other groups or individuals as may be sponsored by any Native or
Indian organization, without enhancing the Federal treasury.
(a) The Area Director's approval of the tariff constitutes a final
action for the Department for the purpose of establishing billing
rates.
(b) The Bureau must issue a supplemental bill to cover excess cost
in the event that the actual cost of a specific freight substantially
exceeds the tariff price.
(c) If the income from the tariff substantially exceeds actual
costs, a prorated payment will be issued to the shipper.
Sec. 142.7 How are transportation and scheduling determined?
(a) The Manager must arrange the most economical and efficient
transportation available, taking into consideration lifestyle, timing
and other needs of the user. Where practical, shipping must be by
consolidated shipment that takes advantage of economies of scale and
consider geographic disparity and distribution of sites.
(b) Itineraries and scheduling for all deliveries must be in
keeping with the needs of the users to the maximum extent possible.
Planned itineraries with dates set as to the earliest and latest
anticipated delivery dates must be provided to users prior to final
commitment by them to utilize the transportation services. Each
shipping season the final departure and arrival schedules must be
distributed prior to the commencement of deliveries.
Sec. 142.8 Is economy of operation a requirement for the Alaska
Resupply Operation?
Yes. The Manager must ensure that purchasing, warehousing and
transportation services utilize the most economical delivery. This may
be accomplished by memoranda of agreement, formal contracts, or
cooperative arrangements. Whenever possible joint arrangements for
economy will be entered into with other Federal agencies, the State of
Alaska, Alaska Native cooperatives or other entities providing services
to rural Alaska communities.
Sec. 142.9 How are orders accepted?
(a) The Manager must make a formal determination to accept an
order, for goods or services, and document the approval by issuing a
permit or similar instrument.
(b) The Seattle Support Center must prepare proper manifests of the
freight accepted at the facility or other designated location. The
manifest must follow industry standards to ensure a proper legal
contract of carriage is executed, upon which payment can be exacted
upon the successful delivery of the goods and services.
Sec. 142.10 How is freight to be prepared?
All freight must be prepared in accordance with industry standards,
unless otherwise specified, for overseas shipment, including any
pickup, delivery, staging, sorting, consolidating, packaging, crating,
boxing, containerizing, and marking that may be deemed necessary by the
Manager.
Sec. 142.11 How is payment made?
(a) Unless otherwise provided in this part, all regulations
implementing the Financial Integrity Act, Anti-Deficiency Act, Prompt
Payments Act, Debt Collection Act of 1982, 4 CFR Ch. II--Federal Claims
Collection Standards, and other like acts apply to the Alaska Resupply
Operation.
(b) Payment for all goods purchased and freight or other services
rendered by the Seattle Support Center are due and payable upon final
receipt of the goods or services. If payment is not received within the
time specified on the billing document, interest and penalty fees at
the current treasury rate will be charged, and handling and
administrative fees may be applied.
(c) Where fuel and other goods are purchased on behalf of
commercial enterprises, payment for those goods must be made within 30
days of delivery to the Seattle Support Center Warehouse. Payment for
freight must be made within 30 days from receipt of the goods by the
shipper.
Sec. 142.12 What is the liability of the United States for loss or
damage?
(a) The liability of the United States for any loss or damage to,
or non-delivery of freight is limited by 46 U.S.C. 746 and the Carriage
of Goods by Sea Act (46 U.S.C. 1300 et seq.). The terms of such
limitation of liability must be contained in any document of title
relating to the carriage of goods by sea. This liability may be further
restricted in specialized instances as specified in the tariff.
(b) In addition to the standards of conduct and ethics applicable
to all government employees, the employees of the Seattle Support
Center shall not conduct any business with, engage in trade with, or
accept any gifts or items of value from any shipper or permittee.
[[Page 18518]]
(c) The Seattle Support Center will continue to function only as
long as the need for assistance to Native village economies exits. To
that end, a review of the need for the serve must be conducted every
five years.
Sec. 142.13 Information collection.
In accordance with Office of Management and Budget regulations in 5
CFR 1320.4, approval of information collections contained in this
regulation is not required.
Dated: April 1, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-9799 Filed 4-15-97; 8:45 am]
BILLING CODE 4310-02-P
