Operation of U.S.M.S. ``North Star'' Between Seattle, Washington, and Stations of the Bureau of Indian Affairs and Other Government Agencies, Alaska

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,

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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.

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(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