[Federal Register Volume 65, Number 150 (Thursday, August 3, 2000)]
[Proposed Rules]
[Pages 47704-47705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19461]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 142

RIN 1076-AE04


Alaska Resupply Operation

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of the Interior, Bureau of Indian Affairs 
(BIA), proposes to revise its regulations in the area of its 
administration of the Alaska Resupply Operation. The USMS North Star 
was decommissioned in 1984. However, the need for a resupply operation 
in Alaska continues. The Alaska Regional Office administers the Alaska 
Resupply Operation through the Seattle Support Center. All accounts 
receivable and payable are handled by the Seattle Support Center, which 
also rates and publishes a tariff. The proposed revisions to the 
regulations regarding this operation are to the large extent technical 
in nature; however, a section regarding preference in hiring under the 
Indian Reorganization Act of 1934 has been added. The technical 
revisions remove the terms ``Areas Director' and ``Manager'' and, in 
their places, add the terms ``Regional Director'' and ``Traffic 
Manager'' to reflect the current administration within the BIA and the 
terms now in common usage.

DATES: Comments must be submitted to the place noted under the heading 
ADDRESSES no later than October 2, 2000.

ADDRESSES: Comments should be addressed to: Regional Director, Alaska 
Regional Office, Bureau of Indian Affairs, Department of the Interior, 
709 West 9th Street, Juneau, AK 99802. Comments may be hand-delivered 
to the same address from 9 a.m. to 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Warren Heisler, Deputy Regional 
Director, Alaska Regional Offices, Bureau of Indian Affairs, telephone 
907/586-7179.

SUPPLEMENTARY INFORMATION:

A. Background

    The USMS North Star was decommissioned in 1984. However, the need 
for a resupply operation in Alaska continues. The Alaska Regional 
Office administers the Alaska Resupply Operation through the Seattle 
Support Center. All accounts receivable and payable are handled by the 
Seattle Support center, which also rates and publishes a tariff. The 
proposed revisions to part 142 of 25 CFR make technical changes to 
references to the ``Regional Director,'' rather than to an ``Area 
Director,'' as this position no longer exists. Also, the term ``Traffic 
Manager'' is added to the term ``Manager'' to connote common usage of 
the person who oversees the traffic of supply routes through Alaska via 
the Seattle Support Center. Due to continued inquiry from the Alaska 
Native community, provisions regarding Indian preference in hiring have 
been added to part 142. No other significant changes have been made to 
part 142 through rulemaking.

B. Public Comments

    Comments should be submitted to the address indicated in the 
ADDRESSES section of this notice, where they will be available for 
public inspection. All written comments received by the date indicated 
in the DATES section of this notice and all other relevant information 
in the record will be carefully assessed and fully considered prior to 
publication of the final rule.

C. Review Under Executive Order 12866

    In accordance with the criteria in Executive Order 12866, this rule 
is not a significant regulatory action. This rule will not have an 
annual economic effect of $100 million or adversely effect an economic 
sector, productivity, jobs, the environment or other units of 
government. A cost-benefit and economic analysis is not required. This 
rule is administrative and technical in nature and makes minor 
modifications to the existing Alaska Resupply Operation.

D. Regulatory Flexibility Act

    The Department of the Interior, BIA, certifies that this rule will 
not have a significant economic effect on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 USC 601 et 
seq.). An initial Regulatory Flexibility Analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required.

E. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 USC 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule does not have 
an annual effect on the economy of $100 million or more. This rule will 
not cause a major increase in costs or prices for consumers, individual 
industries, Federal, State or local government agencies, or geographic 
regions. This rule does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of the U.S.-based enterprises to compete with foreign-based 
enterprises.

F. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million a 
year. In accordance with the Unfunded Mandates Reform Act (2 USC 1501, 
et seq.), this rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. This rule 
will not produce a Federal mandate of $100 million or greater in any 
year, i.e., it is not a ``significant regulatory action'' under the 
Unfunded Mandates Reform Act.

G. Federalism

    This rule does not have significant Federalism effects to warrant 
the preparation of a Federalism Assessment under Executive Order 13132. 
This rule will not have substantial direct effects on the States, in 
their relationship between the Federal Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.

H. Paperwork Reduction Act

    This regulation does not contain any information collection 
requirements.

List of Subjects in CFR Part 142

    Indians, Maritime carriers, Shipping.
    For the reasons stated in the preamble, the Department of the 
Interior, Bureau of Indian Affairs, proposes to amend 25 CFR part 142 
as follows:

PART 142--ALASKA RESUPPLY OPERATION

    1. The authority citation for part 142 continues to read as 
follows:

    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. 486.
    2. Section 142.1 is amended by removing the definitions ``Area

[[Page 47705]]

Director,'' and ``Manager,'' and adding the definitions ``Regional 
Director,'' and ``Traffic Manager'' in their respective alphabetical 
order to read as follows:


Sec. 142.1  Definitions.

* * * * *
    Regional Director means the Regional Director, Alaska Regional 
Offices, Bureau of Indian Affairs.
    Traffic Manager means Traffic Manager of the Seattle Support 
Center.
    3. Section 142.3 is amended by revising the first sentence of 
paragraph (c) and paragraph (d) to read as follows:


Sec. 142.3  Who is responsible for the Alaska Resupply Operation?

* * * * *
    (c) The Traffic Manager must make itineraries for each voyage in 
conjunction with contracted carriers. * * *
    (d) The Regional Director is authorized to direct the Seattle 
Support Center to perform special services which may arise and to act 
in any emergency.


Sec. 142.4  [Amended]

    4. Section 142.4 is amended by adding the word ``Traffic'' before 
the word ``Manager'' in paragraph (d).
    5. Section 142.5 is amended by revising the introductory text, 
paragraph (a) introductory text, and paragraph (a)(1) to read as 
follows:


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 Regional Director.
    (a) The Traffic Manager must develop a tariff that establishes 
rates and conditions for charging users.
    (1) The tariff must be approved by the Regional Director.
* * * * *
    6. Section 142.6 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec. 142.6  How are the rates and conditions for the Alaska Resupply 
Operation established?

* * * * *
    (a) The Regional Director's approval of the tariff constitutes a 
final action for the Department for the purpose of establishing billing 
rates.
* * * * *
    (c) If the income from the tariff substantially exceeds actual 
costs, a prorated [reimbursement] payment will be issued to the 
shipper.


Sec. 142.7  [Amended]

    7. Section 142.7 is amended adding the word ``Traffic'' before the 
word ``Manager'' in the first sentence of paragraph (a).


Sec. 142.8  [Amended]

    8. Section 142.8 is amended by adding the word ``Traffic'' before 
the word ``Manager'' in the second sentence.


Sec. 142.9  [Amended]

    9. Section 142.9 is amended by adding the word ``Traffic'' before 
the word ``Manager'' in paragraph (a).


Sec. 142.10  [Amended]

    10. Section 142.10 is amended by adding the word ``Traffic'' before 
the word ``Manager.''


Sec. 142.12  [Amended]

    11. Section 142.12 is amended by adding the words ``or booker'' 
after the word ``shipper'' in paragraph (b).
    12. Section 142.13 is revised to read as follows:


Sec. 142.13  Does the Seattle Support Center apply preference in 
hiring?

    Yes. In accordance with the Indian Reorganization Act of 1934 (25 
USC 479), Congress extended preference in employment in the Bureau to 
qualified Indians. To that end, the Seattle Support Center will apply 
those principles as outline in 25 CFR part 5 which states in pertinent 
part: ``Preference is extended to persons of Indian descent who are:
    (a) Members of any recognized Indian tribe now under Federal 
jurisdiction.
    (b) Descendants of such members who were, on June 1, 1934, residing 
within the present boundaries of any Indian reservation.
    (c) All others of one-half or more Indian blood of tribes 
indigenous to the U.S.
    (d) Eskimos and other aboriginal people of Alaska.

    Dated: July 25, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-19461 Filed 8-2-00; 8:45 am]
BILLING CODE 4310-02-M