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(11) Land use permits for associated (P) The Act of April 27, 1935, dealing land uses (Section 501 and 503-511 of with prevention of soil erosion. Federal Land Policy and Management The enforcement functions under Act of 1976). Similar permits to those these acts generally concern requireof Interior above except for lands ad ments that the purposes and protecministered by USDA.
tions set forth in the acts be observed, (iii) Land use permits under the Or or, depending on the specific statute, ganic Administration Act of June 4, at least be taken into account, in the 1897 and Title III of Bankhead-Jones performance of system activities. Farm Tenant Act of 1937. Permits for (7) The Department of the Treasury. land use of a non right-of-way nature Such enforcement functions of the Secfor National Forest System lands retary of the Treasury and others re(under the first Act) and National lated to compliance with permits and Grasslands (under the second Act).
regulations for interstate transport or (iv) Removal of materials under the storage of explosives. Materials Act of 1947. Similar permits (8) The Department of Labor. Pursuant to those of Interior above except for to memorandum of understanding, colands administered by USDA.
ordination of functions to assure com(v) Removal of objects of antiquity pliance with: (Antiquities Act of 1906). Similar per- (1) The Federal Mine Safety and mits to those of Interior above except Health Act of 1977, and for lands administered by USDA.
(ii) The Occupational Safety and (vi) Construction and utilization of Health Act of 1970. national forest roads (Roads and Trails
Regulations promulgated pursuant to System Act of 1964). Permanent or
these acts are intended to reduce lost temporary easements issued for such
work time resulting from workplace roads.
injuries and illnesses. (vii) System activities requiring co
(b) The specific statutes and regulaordination and approval under the gen
tions listed above span the full speceral authorities of:
trum of Federal regulatory law. Be (A) The National Forest Management
they concerned with environmental Act of 1976;
protection, pipeline integrity, public (B) The Multiple Use Sustained-Yield
convenience and necessity, or public Act of 1960;
land use, these statutes, and the result(C) The Forest and Rangelands Re
ing regulations, permits, and terms and newable Resources Planning Act of
conditions, require the OFI to oversee 1974;
every aspect of ANGTS construction. (D) The National Trails System Act; (E) The Wilderness Act;
PART 1502-ORGANIZATION (F) The Wild and Scenic Rivers Act; (G) The Land and Water Conserva
Sec. tion Fund Act of 1965;
1502.1 Purpose. (H) The Clean Water Act of 1977;
1502.2 Status. (I) The Fish and Wildlife Coordina 1502.3 Federal Inspector. tion Act;
1502.4 Executive policy board. (J) The Fish and Game Sanctuaries 1502.5 Agency authorized officers. Act;
1502.6 Citizens' Environmental Advisory (K) The National Historic Preserva
Committee. tion Act of 1966;
1502.7 Internal organization. (L) An Act to provide for the preser
1502.8 Offices and hours. vation of Historical and Archeological AUTHORITY: Alaska Natural Gas TransporData;
tation Act, 15 U.S.C. 719; Decision and Report (M) The National Environmental Pol
to Congress on the Alaska Natural Gas Transicy Act of 1969;
portation System, Executive Office of the
President, Energy Policy and Planning, 18(N) The Watershed Protection and
sued September 22, 1977; Reorganization Plan Flood Prevention Act;
No. 1 of 1979, 44 FR 33663 (June 12, 1979); Exec(O) The Soil and Water Conservation utive Order 12142 of June 21, 1979, 44 FR 36927 Act of 1977; and
(June 25, 1979); and 5 U.S.C. 552(a)(1).
SOURCE: 46 FR 22332, Apr. 17, 1981, unless tions during this project. In addition, otherwise noted.
depending on the degree of delegation $1502.1 Purpose.
from the Federal Inspector, they may
participate in major enforcement acThis part is intended to provide a tions related to their agency's respongeneral description of the organization sibilities (Section 202(a) of the Reorgaof the Office of the Federal Inspector nization Plan). (OFI). More detailed information can be obtained from the OFI Public Infor- $ 1502.6 Citizens' Environmental Advi. mation Officer.
The Federal Inspector has estab$ 1502.2 Status.
lished a Citizens' Environmental AdviPursuant to Section 101(a) of Reorga- sory Committee to advise him regardnization Plan No. 1 of 1979, the OFI was
ing environmental issues associated created as an independent establish with the Alaskan segment of the Sysment in the Executive Branch. It is not tem. (45 FR 41741, June 20, 1980). The a component of any department or Committee provides a formal, direct other agency. The Federal Inspector re channel through which views of the enports to the Executive Office of the vironmental community can be made President.
known to the Federal Inspector. 8 1502.3 Federal Inspector.
$ 1502.7 Internal organization. Pursuant to Section 101(b) of Reorga- The OFI is headed by the Federal Innization Plan No. 1 of 1979, the OFI is spector. There are two Deputy Federal headed by a Federal Inspector. Pursu- Inspectors, one responsible for operant to Section 7(a)(5) of ANGTA, the ations in Alaska and the Irvine Office Federal Inspector was appointed by the and the other responsible for Lower President with the advice and consent operations and the headquarters ofof the Senate.
fices. An Executive Director coordi
nates the technical and administrative 8 1502.4 Executive policy board.
functions of the OFI. The following orEstablished by Executive Order No. ganizational components are under the 12142, the Executive Policy Board Federal Inspector's supervision: (EPB) is composed of high-level rep (a) The Office of the General Counsel. resentatives of the Departments of The Office of the General Counsel proLabor, Agriculture, Energy, Interior, vides all legal services to the Federal Transportation, the U.S. Army Corps Inspector on matters related to enviof Engineers, the Federal Energy Regu ronmental, technical, public utility, latory Commission, and the Environ- contract, administrative, and all other mental Protection Agency. The EPB laws related to the ANGTS. advises the Federal Inspector on policy (b) The Office of Equal Employment issues and the exercise of OFI authori- Opportunity Minority Business Enterties relating to enforcement actions prise/Labor. The Office of Equal Em(Section 201 of the Reorganization ployment Opportunity/Minority BusiPlan). But the other functions proposed ness Enterprise/Labor (Office of EEO/ for the EPB in the Decision were trans MBE/Labor) monitors all external EEO ferred to the Federal Inspector (Id.). and MBE matters including the devel
opment and implementation of the af81502.5 Agency authorized officers.
firmative actions plans and regulations Each Federal agency which has ap required by Section 17 of ANGTA and proval authority for some aspect of the Title VII of the Civil Rights Act of project must appoint an Agency Au- 1964. This office also administers the thorized Officer (AAO) to represent OFI EEO program. In addition, the Ofthat agency in the Federal Inspector's fice of EEO/MBE/Labor works with orOffice (Section 101(c) of the Reorga- ganized labor and the sponsors on EEO nization Plan). The AAOs work closely and other labor-related issues. with their agencies and are responsible (c) The Office of External Affairs. The to the Federal Inspector for assuring Office of External Affairs is responsible timely completion of all necessary ac- for Congressional and Canadian liaison,
public affairs, and intergovernmental (1) The Office of Permits, Scheduling, affairs.
and Compliance. The Office of Permits, (d) The Office of Administration. The Scheduling, and Compliance tracks, exOffice of Administration is responsible pedites, and coordinates Federal perfor all normal personnel and financial mit issuance. It also monitors resource management functions, including oper- requirements, generally oversees the ation of the OFI management informa- regulatory process by working with tion system. In addition, this office and advising the field staff, provides provides contract management, pro
guidance and criteria on the enforcecurement, internal audit, and security
ment of terms and conditions, laws, functions.
and regulations and administers the (e) The Office of Policy Analysis. The
joint surveillance and monitoring Office of Policy Analysis analyzes
agreement. major policy and economic issues as
(j) Field Offices in Alaska, San Franthey arise and provides program eval
cisco, and Omaha. Field Offices in Alasuations and special organization stud
ka, San Francisco, and Omaha are reies for the Federal Inspector. It also
sponsible for monitoring any provides policy oversight and program
preconstruction activities, serve as the assistance on socioeconomic impact is
"one window" for processing permit sues. (1) The Office of Engineering Review.
applications, and monitor all construcThe Office of Engineering Review re
tion and initial operation activities for views pipeline design and construction
the Alaska, Western and Eastern legs plans, quality assurance and control
of the project. The field offices also enprograms, change orders and requests,
force laws, regulations, and the terms cost estimates, and provides both com- and conditions of all permits, grants, pliance guidance and technical advice certificates, and notices-to-proceed. and assistance for field inspections. (8) The Office of Environmental Re
$1602.8 Offices and hours.
$100 view. The Office of Environmental Re- (a) Offices of the OFI are in the folview has functions which are similar to lowing locations: those of the Office of Engineering Re- (1) Headquarters. Room 2407, Post Ofview, except that this office focuses its fice Building, 1200 Pennsylvania Aveattention on solving environmental nue, NW. Washington, DC 20044; problems. Although structurally sepa
(2) San Francisco. Room 767, Matson rate, these two units work closely to Building, 215 Market Street, San Franensure that both engineering and envi
cisco, California 94105; ronmental considerations are addressed in a coordinated manner.
(3) Irvine. 1st Floor, 2302 Martin (h) The Office of Audit and Cost Analy
Drive, Irvine, California 92715; sis. The Office of Audit and Cost Analy
(4) Anchorage. 605 West Fourth Avesis implements the incentive rate of re
nue, Pouch 6619, Anchorage, Alaska turn mechanism and conducts audits of
99502; the sponsors' records for purposes of
(5) Fairbanks. Suite 400, Central Ofrate base formation. It is also respon
fice Building, 1001 Noble Street, Fairsible for assuring that the project spon- banks, Alaska 99701; and sors establish and maintain effective (6) Omaha. Suite 350, 11414 West Cencost-control and other management ter Road, Omaha, Nebraska 68144. systems. These activities enable the (b) Business hours are from 8:30 a.m. Federal Inspector to quickly determine to 5:00 p.m. in Washington, from 8:00 the impact of major decisions on cost a.m. to 5 p.m. in Irvine, and from 7:30 and scheduling and to anticipate any a.m. to 4:00 p.m. in all other locations. potential significant cost or schedule Offices are open Monday through Frideviations on the part of the project day, except for Federal holidays. sponsors.
PART 1504-GATHERING, HAN
DLING, AND DISCLOSING INFORMATION
Subpart A-Procedures Governing OFI In
formation Requests, Subpoena Process, Judicial Enforcement, and AdminIstrative Sanctions
1504.314 Appeal determination. 1504.315 Contents of determination denying
appeal. 1504.316 Time allowed for issuance of appeal
determination. 1504.317 Exemption categories. 1504.318 Fees; payment; waiver.
AUTHORITY: 5 U.S.C. 552; secs. 7(a) (5) and 9 of ANGTA, 15 U.S.C. 719; and secs. 102 and 202 of Reorganization Plan No. 1 of 1979.
SOURCE: 46 FR 61228, Dec. 15, 1981, unless otherwise noted.
Sec. 1504.101 Scope. 1504.102 General oversight OFI requests for
information. 1504.103 General oversight-informal sanc
tions. 1504.104 General oversight-subpoenas. 1504.105 General oversight-compliance or
ders. 1504.106 General oversight-judicial enforce
ment. 1504.107 Formal OFI proceedings discovery. 1504.108 Formal OFI proceedingssubpoe
nas. 1504.109 Formal OFI proceedingscompli
ance orders. 1504.110 Formal OFI proceedings-judicial
enforcement. Subpart B-Treatment of “Sensitive" and
"Business" Information 1504.201 General policy. 1504.202 Document categories. 1504.203 Factors governing designation of
information as "sensitive". 1504.204 Factors governing designation of
information as "business". 1504.205 Procedures to designate informa
tion as "sensitive". 1504.206 Treatment of “sensitive" informa
tion. 1504.207 Procedures to designate informa
tion as “business". 1504.208 Treatment of "business" informa
Subpart A-Procedures Governing
OFI Information Requests,
tive Sanctions 81504.101 Scope.
(a) The Federal Inspector has expansive authority to collect information which "he deems necessary to carry out his responsibilities.” Section 7(a)(5)(D) of the Alaska Natural Gas Transportation Act (ANGTA), 15 U.S.C. 719e(a)(5)(D). Absent voluntary submission, the Office of the Federal Inspector (OFI) may issue an administrative subpoena and, if necessary, pursue judicial enforcement of unsatisfied subpoenas.
(b) This subpart describes the procedures which will be used when voluntary OFI requests for information relevant to the general oversight functions of the OFI are not fulfilled. It also provides the procedures to be used during any formal OFI proceeding for issuing and enforcing administrative subpoenas. 81504.102 General oversight-OFI re
quests for information. (a) The OFI will exercise its jurisdiction mainly through general project oversight, not through ad hoc adjudication. As a result, most of the OFI's requests for information should occur outside the confines of litigation.
(b) The OFI will make requests for information in writing, except when a written communication would result in an unacceptable delay, in which case any oral request will be confirmed in writing. Requests will provide an adequate description of the information requested and state a reasonable period of time, consistent with the mandate of
Subpart C-Public Requests for Information
1504.301 Purpose and scope. 1504.302 Policy on disclosure of OFI records. 1504.303 Partial disclosure of records. 1504.304 Existing records. 1504.305 Where and to whom requests for
OFI records should be sent. 1504.306 Form of request. 1504.307 Requests which do not reasonably
describe records sought. 1504.308 Responsibilities of Freedom of In
formation Officer. 1504.309 Time allowed for issuance of initial
determination. 1504.310 Records of other federal agencies. 1504.311 Records obtained from the public;
notice to the donor. 1504.312 Initial denial of a request. 1504.313 Appeal from an initial denial.
ANGTA to expedite the regulatory process, within which the information should be submitted.
(c) When the request for information has not been satisfied, the OFI may take further action under either or both $$ 1504.103 and 1504.104.
(d) Service. (1) A subpoena will be served upon the person(s) named in the subpoena by delivering a copy of the subpoena to the person(s) named.
(2) Delivery of the subpoena may be made by:
(i) Any legally-accepted method, or
(ii) Any other method that provides the person with actual notice prior to the return date of the subpoena.
(e) Motion to quash. A motion to quash a subpoena may be made no more than 5 calendar days from the date of service. Such motion shall be filed with the issuing officer and shall set forth specific reasons why the information requested is clearly not necessary for the OFI to carry out its duties. The issuing officer may deny or grant the motion in whole or part; stay or extend the time for compliance; or modify the subpoena as appropriate.
$ 1504.103 General oversight-informal
sanctions. (a) If the request for needed information is not satisfied, as per $1504.102(c), the OFI may as an alternative to or in addition to issuing an administrative subpoena-withhold any regulatory approval or monitoring action to which the needed information relates.
(b) The director of the OFI office responsible for the specific regulatory approval or monitoring action and in need of the information withheld or the Deputy Federal Inspector where appropriate may, after consultation with the General Counsel, withhold such ap proval or action, as per $1504.103(a).
(c) Delays associated with the OFI withholding approval or action, as per paragraph (a) of this section, will be attributed to the recalcitrant entity, to which the unsatisfied but valid information request had been made. 8 1504.104 General oversight-subpoe
nas. (a) Justification. If the request for needed information is not satisfied, as per $1504.102(c), the OFI may issue a subpoena compelling production under this section.
(b) Issuance. Subpoenas for the production of information deemed necessary for the OFI to carry out its general oversight and monitoring responsibilities may be issued either by the Federal Inspector or by the OFI General Counsel or designee.
(c) Contents. Subpoenas will bear the OFI name and seal and the name and position of the issuing officer. Subpoenas will command the production of reasonably described information at a designated place and time, not to exceed 10 calendar days from date of serv. ice. The subpoena will contain the stat utory basis for the request of the information and how the requested information is relevant to the execution of OFI's authority.
8 1504.105 General oversight-compli
ance orders. (a) When a subpoena issued pursuant to $1504.104 has been neither quashed nor satisfied, the OFI may issue a compliance order, as per section 11(a)(1) of ANGTA, 15 U.S.C. 7191(a)(1). Either the Federal Inspector or the OFI General Counsel may issue such an order.
(b) Such compliance order will specify: (1) The subpoena violated; and (2) a time of compliance, not to exceed 10 calendar days. 8 1504.106 General oversight-judicial
enforcement. In addition to pursuing remedies available under other applicable provisions of law, the OFI may, after the issuance and violation of a compliance order:
(a) Seek judicial enforcement of the unsatisfied subpoena;
(b) Commence a civil action pursuant to section 11(a)(2) of ANGTA, 15 U.S.C. to secui 7191(a)(2), in the district court of the United States having venue for appropriate relief, including an injunction against or civil penalties (not to exceed $25,000 per day) for, violating the compliance order; and/or
(c) Where appropriate, seek an order from the district court holding the defendant in contempt of court.