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(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;
(G) The Land and Water Conservation 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:
(i) The Federal Mine Safety and Health Act of 1977, and
(1) 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.
Sec. 1502.1 Purpose. 1502.2 Status. 1502.3 Federal Inspector. 1502.4 Executive policy board. 1502.5 Agency authorized officers. 1502.6 Citizens' Environmental Advisory
Committee. 1502.7 Internal organization. 1502.8 Offices and hours.
AUTHORITY: Alaska Natural Gas Transportation Act, 15 U.S.C. 719; Decision and Report to Congress on the Alaska Natural Gas Transportation System, Executive Office of the President, Energy Policy and Planning, issued September 22, 1977; Reorganization Plan No. 1 of 1979, 44 FR 33663 (June 12, 1979); Executive Order 12142 of June 21, 1979, 44 FR 36927 (June 25, 1979); and 5 U.S.C. 552(a)(1).
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.
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).
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
8 1502.6 Citizens' Environmental Advi.
sory 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. 8 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 EEOMBE/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 (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
(1) 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 assistance on socioeconomic impact is
preconstruction activities, serve as the
"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
8 1602.8 Omrices and hours. 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 deviations on the part of the project
Offices are open Monday through Fri
day, except for Federal holidays. sponsors.
PART 1504-GATHERING, HAN
DLING, AND DISCLOSING INFOR-
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.
Subpart A-Procedures Governing OFI In
formation Requests, Subpoena Process, Judicial Enforcement, and Admin
Istrative Sanctions 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 proceedingscompll
ance orders. 1504.110 Formal OFI proceedings-judicial
Subpart A-Procedures Governing
OFI Information Requests,
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
$ 1504.101 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. 8 1504.102 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 (d) Service. (1) A subpoena will be process, within which the information served upon the person(8) named in the should be submitted.
subpoena by delivering a copy of the (c) When the request for information subpoena to the person(s) named. has not been satisfied, the OFI may (2) Delivery of the subpoena may be take further action under either or made by: both $$1504.103 and 1504.104.
(i) Any legally-accepted method, or
(ii) Any other method that provides $ 1504.103 General oversight-informal
the person with actual notice prior to sanctions.
the return date of the subpoena. (a) If the request for needed informa- (e) Motion to quash. A motion to tion is not satisfied, as per $ 1504.102(c), quash a subpoena may be made no the OFI may-as an alternative to or in
more than 5 calendar days from the addition to issuing an administrative date of service. Such motion shall be subpoena-withhold any regulatory ap- filed with the issuing officer and shall proval or monitoring action to which
set forth specific reasons why the inthe needed information relates.
formation requested is clearly not nec(b) The director of the OFI office re- essary for the OFI to carry out its dusponsible for the specific regulatory ties. The issuing officer may deny or approval or monitoring action and in
grant the motion in whole or part; stay need of the information withheld or the or extend the time for compliance; or Deputy Federal Inspector where appro- modify the subpoena as appropriate. priate may, after consultation with the General Counsel, withhold such ap- $ 1504.105 General oversight-compliproval or action, as per $1504.103(a).
ance orders. (c) Delays associated with the OFI
(a) When a subpoena issued pursuant withholding approval or action, as per to $1504.104 has been neither quashed paragraph (a) of this section, will be at
nor satisfied, the OFI may issue a comtributed to the recalcitrant entity, to
pliance order, as per section 11(a)(1) of which the unsatisfied but valid infor
ANGTA, 15 U.S.C. 7191(a)(1). Either the mation request had been made.
Federal Inspector or the OFI General $ 1504.104 General oversight-subpoe
Counsel may issue such an order.
(b) Such compliance order will specinas.
fy: (1) The subpoena violated; and (2) a (a) Justification. If the request for
time of compliance, not to exceed 10 needed information is not satisfied, as
calendar days. per $1504.102(c), the OFI may issue a subpoena compelling production under 8 1504.106 General oversight-judicial this section.
enforcement. (b) Issuance. Subpoenas for the production of information deemed nec
In addition to pursuing remedies
available under other applicable proviessary for the OFI to carry out its gen
sions of law, the OFI may, after the 18eral oversight and monitoring responsibilities may be issued either by the
suance and violation of a compliance
order: Federal Inspector or by the OFI General Counsel or designee.
(a) Seek judicial enforcement of the (c) Contents. Subpoenas will bear the
unsatisfied subpoena; OFI name and seal and the name and
(b) Commence a civil action pursuant position of the issuing officer. Subpoe
to section 11(a)(2) of ANGTA, 15 U.S.C. nas will command the production of
7191(a)(2), in the district court of the reasonably described information at a
United States having venue for approdesignated place and time, not to ex- priate relief, including an injunction ceed 10 calendar days from date of serv- against or civil penalties (not to exceed ice. The subpoena will contain the stat- $25,000 per day) for, violating the comutory basis for the request of the infor- pliance order; and/or mation and how the requested informa- (c) Where appropriate, seek an order tion is relevant to the execution of from the district court holding the deOFI's authority.
fendant in contempt of court.