[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