(ii) Land use permits for associated land uses (Section 501 and 503-511 of Federal Land Policy and Management Act of 1976). Similar permits to those of Interior above except for lands administered by USDA.

(iii) Land use permits under the Organic Administration Act of June 4, 1897 and Title III of Bankhead-Jones Farm Tenant Act of 1937. Permits for land use of a non right-of-way nature for National Forest System lands (under the first Act) and National Grasslands (under the second Act).

(iv) Removal of materials under the Materials Act of 1947. Similar permits to those of Interior above except for lands administered by USDA.

(v) Removal of objects of antiquity (Antiquities Act of 1906). Similar permits to those of Interior above except for lands administered by USDA.

(vi) Construction and utilization of national forest roads (Roads and Trails System Act of 1964). Permanent or temporary easements issued for such roads.

(vii) System activities requiring coordination and approval under the general authorities of:

(A) The National Forest Management Act of 1976;

(B) The Multiple Use Sustained-Yield Act of 1960;

(C) The Forest and Rangelands Renewable Resources Planning Act of 1974;

(D) The National Trails System Act; (E) The Wilderness Act;

(F) The Wild and Scenic Rivers Act; (G) The Land and Water Conserva

tion Fund Act of 1965;

(H) The Clean Water Act of 1977;

(I) The Fish and Wildlife Coordination Act;

(J) The Fish and Game Sanctuaries Act;

(K) The National Historic Preservation Act of 1966;

(L) An Act to provide for the preservation of Historical and Archeological Data;

(M) The National Environmental Policy Act of 1969;

(N) The Watershed Protection and Flood Prevention Act;

(O) The Soil and Water Conservation Act of 1977; and

(P) The Act of April 27, 1935, dealing with prevention of soil erosion.

The enforcement functions under these acts generally concern requirements that the purposes and protections set forth in the acts be observed, or, depending on the specific statute, at least be taken into account, in the performance of system activities.

(7) The Department of the Treasury. Such enforcement functions of the Secretary of the Treasury and others related to compliance with permits and regulations for interstate transport or storage of explosives.

(8) The Department of Labor. Pursuant to memorandum of understanding, coordination of functions to assure compliance with:

(1) The Federal Mine Safety and Health Act of 1977, and

(ii) The Occupational Safety and Health Act of 1970.

Regulations promulgated pursuant to these acts are intended to reduce lost work time resulting from workplace injuries and illnesses.

(b) The specific statutes and regulations listed above span the full spectrum of Federal regulatory law. Be they concerned with environmental protection, pipeline integrity, public convenience and necessity, or public land use, these statutes, and the resulting regulations, permits, and terms and conditions, require the OFI to oversee every aspect of ANGTS construction.

SOURCE: 46 FR 22332, Apr. 17, 1981, unless otherwise noted.

$1502.1 Purpose.

This part is intended to provide a general description of the organization of the Office of the Federal Inspector (OFI). More detailed information can be obtained from the OFI Public Information Officer.

§1502.2 Status.

Pursuant to Section 101(a) of Reorganization Plan No. 1 of 1979, the OFI was created as an independent establishment in the Executive Branch. It is not a component of any department or other agency. The Federal Inspector reports to the Executive Office of the President.

§ 1502.3 Federal Inspector.

Pursuant to Section 101(b) of Reorganization Plan No. 1 of 1979, the OFI is headed by a Federal Inspector. Pursuant to Section 7(a)(5) of ANGTA, the Federal Inspector was appointed by the President with the advice and consent of the Senate.

§1502.4 Executive policy board.

Established by Executive Order No. 12142, the Executive Policy Board (EPB) is composed of high-level representatives of the Departments of Labor, Agriculture, Energy, Interior, Transportation, the U.S. Army Corps of Engineers, the Federal Energy Regulatory Commission, and the Environmental Protection Agency. The EPB advises the Federal Inspector on policy issues and the exercise of OFI authorities relating to enforcement actions (Section 201 of the Reorganization Plan). But the other functions proposed for the EPB in the Decision were transferred to the Federal Inspector (Id.).

1502.5 Agency authorized officers.

Each Federal agency which has approval authority for some aspect of the project must appoint an Agency Authorized Officer (AAO) to represent that agency in the Federal Inspector's Office (Section 101(c) of the Reorganization Plan). The AAOs work closely with their agencies and are responsible to the Federal Inspector for assuring timely completion of all necessary ac

tions during this project. In addition, depending on the degree of delegation from the Federal Inspector, they may participate in major enforcement actions related to their agency's responsibilities (Section 202(a) of the Reorganization Plan).

§ 1502.6 Citizens' Environmental Advisory Committee.

The Federal Inspector has established a Citizens' Environmental Advisory Committee to advise him regarding environmental issues associated with the Alaskan segment of the System. (45 FR 41741, June 20, 1980). The Committee provides a formal, direct channel through which views of the environmental community can be made known to the Federal Inspector.

§ 1502.7 Internal organization.

The OFI is headed by the Federal Inspector. There are two Deputy Federal Inspectors, one responsible for operations in Alaska and the Irvine Office and the other responsible for Lower 48 operations and the headquarters offices. An Executive Director coordinates the technical and administrative functions of the OFI. The following organizational components are under the Federal Inspector's supervision:

(a) The Office of the General Counsel. The Office of the General Counsel provides all legal services to the Federal Inspector on matters related to environmental, technical, public utility, contract, administrative, and all other laws related to the ANGTS.

(b) The Office of Equal Employment Opportunity/Minority Business Enterprise/Labor. The Office of Equal Employment Opportunity/Minority Business Enterprise/Labor (Office of EEO/ MBE/Labor) monitors all external EEO and MBE matters including the development and implementation of the affirmative actions plans and regulations required by Section 17 of ANGTA and Title VII of the Civil Rights Act of 1964. This office also administers the OFI EEO program. In addition, the Office of EEO/MBE/Labor works with organized labor and the sponsors on EEO and other labor-related issues.

(c) The Office of External Affairs. The Office of External Affairs is responsible for Congressional and Canadian liaison,

public affairs, and intergovernmental affairs.

(d) The Office of Administration. The Office of Administration is responsible for all normal personnel and financial management functions, including operation of the OFI management information system. In addition, this office provides contract management, procurement, internal audit, and security functions.

(e) The Office of Policy Analysis. The Office of Policy Analysis analyzes major policy and economic issues as they arise and provides program evaluations and special organization studies for the Federal Inspector. It also provides policy oversight and program assistance on socioeconomic impact is

sues.

(f) The Office of Engineering Review. The Office of Engineering Review reviews pipeline design and construction plans, quality assurance and control programs, change orders and requests, cost estimates, and provides both compliance guidance and technical advice and assistance for field inspections.

(g) The Office of Environmental Review. The Office of Environmental Review has functions which are similar to those of the Office of Engineering Review, except that this office focuses its attention on solving environmental problems. Although structurally separate, these two units work closely to ensure that both engineering and environmental considerations are addressed in a coordinated manner.

(h) The Office of Audit and Cost Analysis. The Office of Audit and Cost Analysis implements the incentive rate of return mechanism and conducts audits of the sponsors' records for purposes of rate base formation. It is also responsible for assuring that the project sponsors establish and maintain effective cost-control and other management systems. These activities enable the Federal Inspector to quickly determine the impact of major decisions on cost and scheduling and to anticipate any potential significant cost or schedule deviations on the part of the project sponsors.

(1) The Office of Permits, Scheduling, and Compliance. The Office of Permits, Scheduling, and Compliance tracks, expedites, and coordinates Federal permit issuance. It also monitors resource requirements, generally oversees the regulatory process by working with and advising the field staff, provides guidance and criteria on the enforcement of terms and conditions, laws, and regulations and administers the joint surveillance and monitoring

agreement.

(j) Field Offices in Alaska, San Francisco, and Omaha. Field Offices in Alaska, San Francisco, and Omaha are responsible for monitoring any preconstruction activities, serve as the "one window" for processing permit applications, and monitor all construction and initial operation activities for the Alaska, Western and Eastern legs of the project. The field offices also enforce laws, regulations, and the terms and conditions of all permits, grants, certificates, and notices-to-proceed.

§ 1502.8 Offices and hours.

(a) Offices of the OFI are in the following locations:

(1) Headquarters. Room 2407, Post Office Building, 1200 Pennsylvania Avenue, NW. Washington, DC 20044;

(2) San Francisco. Room 767, Matson Building, 215 Market Street, San Francisco, California 94105;

(3) Irvine. 1st Floor, 2302 Martin Drive, Irvine, California 92715;

(4) Anchorage. 605 West Fourth Avenue, Pouch 6619, Anchorage, Alaska 99502;

(5) Fairbanks. Suite 400, Central Office Building, 1001 Noble Street, Fairbanks, Alaska 99701; and

(6) Omaha. Suite 350, 11414 West Center Road, Omaha, Nebraska 68144.

(b) Business hours are from 8:30 a.m. to 5:00 p.m. in Washington, from 8:00 a.m. to 5 p.m. in Irvine, and from 7:30 a.m. to 4:00 p.m. in all other locations. Offices are open Monday through Friday, except for Federal holidays.

(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.

§ 1504.102 General oversight-OFI requests 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

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.

§ 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 approval 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.

§ 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 service. The subpoena will contain the statutory basis for the request of the information and how the requested information is relevant to the execution of OFI's authority.

(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.

§ 1504.105 General oversight-compliance 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. 719i(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.

§ 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. 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.