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data requests. Section 202(b) of the Re- 1.5.). Because construction may not organization Plan.

start until final design is approved, (b) This coordination function goes this review is perhaps the OFI's pribeyond mere permit scheduling. It also mary means for assuring proper design involves the OFI, pursuant to Section and planning, as well as assuring the 202(b) of the Reorganization Plan, in reasonableness of the design-cost estievaluating the many discretionary mate. terms and conditions which each Fed

(1) Quality control and assurance. The eral agency may impose on ANGTS, to

OFI must approve the procedures proassure that they do not impair project posed for quality control and quality expedition, as per Section 9(c) of

assurance during construction (Id., ANGTA.

Condition 1.9.). Apart from these proce

dures, the OFI must approve technical $ 1500.304 Approval of systems, plans, and design.

construction specifications and seismic

monitoring systems, to assure pipeline All significant systems, plans, and

safety and integrity of design, as well design are subject to OFI scrutiny, as a

as approve plans to assure environprecondition to commencement of con

mental protection (Id., Safety and Destruction (Section 5 of the Decision and

sign Conditions II.2 and II.6; EnvironSection 102(h)(3) of the Reorganization

mental Condition III.2.). Plan). Without listing every approval

(g) Procurement review. As part of the requirement, the following are the

bilateral agreement with Canada relmost significant:

ative to ANGTS, the OFI, along with (a) Management plans. Prior to final

the Northern Pipeline Agency in Cancertification, the ANGTS applicants

ada, is charged with endeavoring “to must provide a "detailed overall man

ensure that the supply of goods and agement plan” for OFI approval (Sec

services to (ANGTS) will be on gention 5 of the Decision, Condition 1.1.).

erally competitive terms" (Decision, Thus, at th outset the applicant's

Section 7, paragraph 7(a)). Because overall strategy for executing the proj

sanctions for violation include reopenect will be scrutinized. (b) Execution contracts. Several as

ing bids, procurement review occurs

during the planning process, not afterpects of the contracts with execution contractors (the prime contractor for

the-fact. This review is accomplished any given pipeline spread) must be ap

through detailed reciprocal procedures, proved by the OFI (Section 5 of the De

which were established by a "diplocision, Conditions 1.2, 1.3, 1.7, and 1.8).

matic exchange of notes" and subseThese include contract form (if other

quently given regulatory approval by

the FERC. than fixed-price), bonding and other prequalification requirements, labor

8 1500.306 Cost control. relations procedure, and dispute procedures.

In addition to the cost-control pur(c) Cost and schedule control. The ap- pose and effect

of monitoring plicants must provide the OFI with de- ($1500.302) and systems approval talled "cost and schedule control tech- ($ 1500.304), the OFI has additional and niques" (Id., Condition 1.4.). This en- more direct cost-control functions. tails, for example, manpower, material, (a) The Incentive Rate of Return, delogistical, and equipment planning. veloped by the Federal Energy Regu

(d) Operating strategies. The OFI must latory Commission (FERC), is to be adapprove the applicants' operating ministered by the OFI during planning strategies. Equipment supply, repair and construction, Determination of Infacilities, and spare-part inventories centive Rate of Return, Order No. 31, are among the items to be reviewed Docket No. RM78–12, issued June 8, (Id., Condition 1.6.).

1979. The OFI will rule on design (e) Design review. The OFI's technical changes prior to its approval of the oversight is manifested most in approv- final design during planning and coning the “final design, design-cost esti- struction (Determination of Incentive mate, and construction schedule" for Rate of Return. Order No. 31, Docket No. the ANGTS applicants (Id., Condition RM78-12, issued June 8, 1979. The OFI

cost estimate and on scope changes during construction).

(b) both by transfer of enforcement functions under Section 102(d) of the Reorganization Plan, and also by delegation from the FERC pursuant to Section 202(b) of the Reorganization Plan, 45 FR 85511 (December 29, 1980), the OFI will audit expenditures for rate base formation and accounting compliance. This audit must be performed on a timely basis during construction (Section 5 of the Decision, Finance Condition IV.2.).

8 1500.306 Enforcement of Federal

laws. (a) The OFI's enforcement function extends to "all Federal statutes relevant in any manner to pre-construction, construction, and initial operation" of ANGTS. Section 102 of the Reorganization Plan. This transfer includes, but is not limited to, the enforcement functions of the following agencies:

(1) The Environmental Protection Agency. Such enforcement functions of the Administrator and others related to compliance with:

(1) National Pollutant Discharge Elimination System permits (Section 402 of the Clean Water Act of 1977 (CWA)). These permits are required for the discharge of pollutants into waters of the U.S.

(11) Spill prevention, containment, and countermeasure plans (Section 311 of CWA). These plans are required for major nontransportation oil storage at camps and other facilities.

(111) Review of permits issued by the Corps of Engineers for dredged and fill materials (Section 404 of CWA). These permits are required for the discharge of dredged or fill material into waters of the U.S.

(iv) New Source Performance Standards (Section 111 of the Clean Air Act). Enforcement of standards of performance for new stationary sources of air pollution such as stationary gas turbines and incinerators.

(v) Prevention of Significant Deterioration review and approval (Sections 160-169 of the Clean Air Act). Review of construction or modification of most stationary air emission sources which

emit over 100 tons per day of any air pollutant.

(vi) Resource Conservation and Recovery permits (Resource Conservation and Recovery Act of 1976). Enforcement of permits for disposal or chemical destruction of hazardous wastes.

(2) The U.S. Army Corps of Engineers. Such enforcement functions of the Secretary of the Army and others related to compliance with:

(1) Dredged and fill material permits (Section 404 of CWA). Enforcement of permits regulating the discharge in waters of the U.S. of dredged materials and pollutants that comprise fill material.

(11) Permits for structures in navigable waters (Section 10 of Rivers and Harbors Appropriation Act of 1899). Enforcement for permits for structures, including piers, break waters, bulkheads, revetments, power transmission lines, and aids to navigation, as well as for certain work performed in navigable waters.

(3) The Department of Transportation. Such enforcement functions of the Secretary of Transportation and others related to compliance with:

(1) The Natural Gas Pipeline Safety Act of 1968 and related regulations. This entails a comprehensive oversight program to assure quality of construction and pipeline integrity.

(11) The Federal Aviation Act and related authorizations and regulations, such as, proposed private airport facilities, air traffic limitations, and height requirements for structures like microwave transmitter towers.

(iii) Permits for bridges across navigable waters (Section 9 of Rivers & Harbors Appropriation Act of 1899).

(4) The Department of Energy and the Federal Energy Regulatory Commission. Such enforcement functions of the Secretary of Energy, the Commission and others related to compliance with:

(1) Certificates of public convenience and necessity (Section 7 of the Natural Gas Act).

(ii) Authorizations for importation of natural gas, including gas imported from Alberta as predeliveries of Alaska gas (Section 3 of the Natural Gas Act). Enforcement of requirements for facilities necessary to transport this gas.

(5) The Department of the Interior. Such enforcement functions of the Secretary of the Interior and others related to compliance with:

(1) Grants of rights-of-way and temporary use permits for Federal lands (Section 28 of Mineral Leasing Act). These grants and permits include those for gas pipelines and related facilities on Federal lands, as well as those for related temporary uses, such as campsites, roads, communications and monitoring sites.

(il) Land use permits for temporary use of public lands and other associated land uses (Section 302, 501, and 503-511 of the Federal Land Policy and Management Act of 1976). These permits provide authority for temporary use of Federal lands in addition to the authority under the Mineral Leasing Act and include permits for field work preparatory to applying for grants of right-of-way and other associated uses.

(iil) Materials sales contracts (the Materials Act of 1947). These permits concern the removal of mineral or vegetative material from public lands.

(iv) Rights-of-way across Indian lands (Rights of Way Through Indian Lands Act). Grants of rights-of-way issued by the Secretary after tribal consent.

(v) Removal permits (the Materials Act of 1947). These permits also concern removal of mineral or vegetative material from public lands.

(vi) Approval to cross national wildlife refuges (National Wildlife Refuge System Administration Act of 1966 and Upper Mississippi River Wildlife and Fish Refuge Act). Issuances of permits or rights-of-way or permits on wildlife refuges must have Interior approval as being compatible with the purpose for establishing the refuge.

(vii) Wildlife consultation (Fish and Wildlife Coordination Act). Requirement for consultation with Fish and Wildlife Service as to the effects of rights-of-way or permits on wildlife resources.

(vill) Protection of certain birds (MIgratory Bird Treaty Act and Bald and Golden Eagles Protection Act). Interior is responsible for protecting migratory birds and eagles, their nests and eggs. Special use permits or waivers are available except in the case of eagles.

(ix) Review of Corps of Engineers' dredged and fill material permits (Section 404 of CWA). See similar discussion under paragraph (a) of this section, EPA, and paragraph (b) of this section, the Corps.

(x) Rights-of-way across recreation lands (Land and Water Conservation Fund Act of 1965). Compliance with restrictions for land acquired or developed with the assistance of the Fund.

(xi) Historic preservation (National Historic Preservation Act of 1966). Principally consultation on the effect of system activities on locations covered by the Act.

(xil) Permits issued under the Antiquities Act of 1906. Such permits allow certain institutions to examine ruins, to excavate archeological sites and to gather objects of antiquity on or from Federal lands.

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

(A) The National Trails System Act, (B) The Wilderness Act, (C) The Wild and Scenic Rivers Act,

(D) The National Environmental Policy Act of 1969,

(E) The Act of April 27, 1935, dealing with the prevention of soil erosion, and

(F) An Act to provide for the Preservation of Historical and Archeological Data.

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

(xiv) Equal opportunity regulations published by the Department. 43 CFR Part 34. These regulations require affirmative action to assure against discrimination in employment and contracting on ANGTS. Section 17 of ANGTA.

(6) The Department of Agriculture. Such enforcement functions of the Secretary of Agriculture or other related to compliance with:

(1) Associated land use permits under grants of rights-of-way across Federal lands (Section 28 of the Mineral Leasing Act of 1920). Similar permits to those of Interior above except for lands administered by USDA.

(11) 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.

(ill) 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 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;

(0) 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

(11) 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,

PART 1502-ORGANIZATION

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(&X1).

SOURCE: 46 FR 22332, Apr. 17, 1981, unless tions during this project. In addition, otherwise noted.

depending on the degree of delegation

from the Federal Inspector, they may $ 1502.1 Purpose.

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- 8 1502.6 Citizens' Environmental Advimation Officer.

sory Committee.

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 & 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. $ 15023 Federal Inspector.

8 1602.7 Internal organization. Pursuant to Section 101(b) of Reorga- The OFI is headed by the Federal Innization Plan No. 1 of 1979, the OFI 18

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 48 President with the advice and consent

operations and the headquarters ofof the Senate.

fices. An Executive Director coordi

nates the technical and administrative $ 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 af$ 1502.b 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,

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