31470 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules

INTERNATIONAL BOUNDARY AND

WATER COMMISSION

22 CFR Part 1102

United States and Mexico, United

States Section, Freedom of Information

Act: Uniform Fee Schedule and

Administrative Guidelines

AGENCY: United States Section,

International Boundary and Water

Commission.

ACTION: Proposed rule.

SUMMARY: This proposed rule will revise

the United States Section, International

Boundary and Water Commission

(IBWC) regulations that implement the

Freedom of Information Act (FOIA) fee

schedule. This revision pertains to the

charge for recovery of the full, allowable

direct costs of searching for and

reviewing records requested under the

FOIA and section 1102.4 of the IBWC

rules, unless such fees are restricted or

waived in accordance with section

1102.6. These fees are being revised to

correspond to modifications of rates of

pay approved by the U.S. Congress.

DATES: All comments received on or

before July 22, 1996, will be considered

before final action is taken on this

proposed rule.

ADDRESSES: Please submit any written

comments to the Freedom of

Information Act Officer, International

Boundary and Water Commission,

United States Section, The Commons,

Bldg. C, Suite 310, 4171 N. Mesa, El

Paso, TX 79902–1441, telephone: (915)

534–6697.

FOR FURTHER INFORMATION CONTACT:

Dell Driver, telephone (915) 534–6697.

SUPPLEMENTARY INFORMATION: The IBWC

is modifying section 1102.4(a) of the

rules which pertains to the charges for

searching and reviewing records

requested under the Freedom of

Information Act (FOIA).

The FOIA requires Federal agencies to

establish a schedule of fees for the

processing of requests for agency

records in accordance with fee guidance

issued by the Office of Management and

Budget (OMB). In 1987, OMB issued its

Uniform Freedom of Information Act

Fee Schedule and Guidelines. However,

since the FOIA requires that each

agency’s fees be based upon its direct

costs of providing FOIA services, OMB

did not provide a unitary, government

wide selection of fees.

List of Subjects in 22 CFR Part 1102

Freedom of information.

For the reasons set out in the

preamble, part 1102.4(a)(1) of title 22 of

the Code of Federal Regulations is

proposed to be amended as follows:

PART 1102—FREEDOM OF

INFORMATION ACT

1. The authority for this part

continues to read as follows:

Authority: 5 U.S.C. 552 (Pub. L. 90–23, as

amended by Pub. L. 93–502 and Pub. L. 99–

570).

2. Section 1102.4 (a)(1) and (a)(2) are

revised to read as follows:

§ 1102.4 Fees.

(a) The following shall be applicable

with respect to services rendered to the

public under this subpart:

(1) Fee Schedule.

(i) Searching for records, per hour or

fraction thereof, per individual:

Professional............................................$23.71

Technical................................................$16.57

Clerical ...................................................$13.38

Includes the salary of the category of

employee who actually performs the search

computed at Step 5 of each grade level plus

an additional 24% of that rate for personnel

benefits. These fees will be periodically

modified to correspond to changes in pay

approved by Congress.

(ii) The cost for computer searches

will be calculated based on the salary of

the category of employee who actually

performs the computer search, plus 24%

of that rate to include personnel

benefits, plus the direct costs of the

central processing unit, input-output

devices, and memory capacity of the

actual computer configuration.

(iii) Reproduction fees:

Pages no larger than 81⁄2 × 14 inches when

reproduced by routine electrostatic copying:

$0.10 per page.

Pages requiring reduction, enlargement, or

other special services will be billed at direct

cost to the Section. Reproduction by other

than routine electrostatic copying will be

billed at direct cost to the Section.

(iv) Certification of each record as a

true copy—$1.00.

(v) Duplication of architectural

photographs and drawings:

Blueprinting.............................$1.00 per sq. ft.

Vellum Reproducible from blueprints

........................................... $5.00 per sq. ft.

(vi) Postage and handling. Full costs

will be recovered from the requestor if

special mailing such as express mail is

indicated. Otherwise, records will be

sent by first-class certified mail,

domestic addresses only, direct cost

paid by the U.S. Section.

(2) Only requesters who are seeking

documents for commercial use will be

charged for time spent reviewing

records to determine whether they are

exempt from mandatory disclosure. The

cost for review will be calculated based

on the salary of the category of the

employee who actually performed the

review plus 24% of the rate to cover

personal benefits. Charges will be

assessed only for the initial review (i.e.,

review undertaken the first time in

order to analyze the applicability of

specific exemption(s) to a particular

record or portion of record) and not

review at the administrative appeal

level of the exemption(s) already

applied.

Dell Driver,

Freedom of Information Act Officer.

[FR Doc. 96–15344 Filed 6–19–96; 8:45 am]

BILLING CODE 7010–01–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 142

RIN 1076 AD66

Operation of U.S.M.S.‘‘North Star’’

Between Seattle, Washington, and

Stations of the Bureau of Indian Affairs

and Other Government Agencies,

Alaska

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is proposing to revise its

regulations in Alaska Resupply

Operation as mandated by Executive

Order 12866 to streamline the regulatory

process and enhance the planning and

coordination of existing regulations.

DATES: Comments must be received on

or before August 19, 1996.

ADDRESSES: Mail comments to Warren

Heisler, Assistant Area Director, Juneau

Area Office, Bureau of Indian Affairs,

Department of the Interior, 709 West 9th

Street, Juneau, Alaska 99802; OR, hand

deliver them to the above address.

Comments will be available for

inspection at this address from 9:00 a.m.

to 4:00 p.m., Monday through Friday

beginning approximately two weeks

after publication of this document in the

Federal Register.

FOR FURTHER INFORMATION CONTACT:

Warren Heisler, Assistant Area Director,

Juneau Area Office, Bureau of Indian

Affairs at telephone (907) 586–7177.

SUPPLEMENTARY INFORMATION:

Background

The U.S.M.S. North Star has been

decommissioned. However, the need for

a resupply operation in Alaska

continues. The Juneau Area Office
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules 31471

administers the Alaska Resupply

Operation through the Seattle Support

Center. All accounts receivable and

payable are handled by the Seattle

Support Center that also publishes a

tariff of rates and conditions.

Evaluation and Certification

The authority to issue rules and

regulations is vested in the Secretary of

the Interior by 5 U.S.C. 301 and sections

463 and 465 of the Revised Statutes, 25

U.S.C. 2 and 9.

Publication of the proposed rule by

the Department of the Interior

(Department) provides the public an

opportunity to participate in the

rulemaking process. Interested persons

may submit written comments regarding

the proposed rule to the location

identified in the ADDRESSES section of

this document.

Executive Order 12778

The Department has certified to the

Office of Management and Budget

(OMB) that this proposed rule meets the

applicable standards provided in

sections 2(a) and 2(b)(2) of Executive

Order 12778.

Executive Order 12866

This proposed rule is not a significant

regulatory action under Executive Order

12866.

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.)

Executive Order 12630

The Department has determined that

this proposed rule does not have

‘‘significant’’ takings implications. The

proposed rule does not pertain to

‘‘taking’’ of private property interests,

nor does it impact private property.

Executive Order 12612

The Department has determined that

this proposed rule does not have

significant federalism effects because it

pertains solely to Federal-tribal relations

and will not interfere with the roles,

rights and responsibilities of states.

NEPA Statement

The Department has determined that

this proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment and that no detailed

statement is required pursuant to the

National Environmental Policy Act of

1969.

Unfunded Mandates Act of 1995

This proposed rule imposes no

unfunded mandates on any

governmental or private entity and is in

compliance with the provisions of the

Unfunded Mandates Act of 1995.

Paperwork Reduction Act of 1995

There are no information collection

requirements contained in this proposed

rule which require the approval of the

Office of Management and Budget under

44 U.S.C. 3501 et seq.

Drafting Information

The primary author of this document

is Alan E. Mather, Traffic Manager,

Seattle Support Center, Juneau Area

Office, Bureau of Indian Affairs.

List of Subjects in 25 CFR Part 142

Indians—shipping; Indians—maritime

carriers.

For the reasons given in the preamble

part 142, Chapter I of Title 25 of the

Code of Federal Regulations is proposed

to be revised as set forth below:

PART 142—ALASKA RESUPPLY

OPERATION

Sec.

142.1 Definitions.

142.2 What is the purpose of the Alaska

Resupply Operation?

142.3 Who is responsible for the Alaska

Resupply Operation?

142.4 For whom is the Alaska Resupply

Operation operated?

142.5 Who determines the rates and

conditions of service of the Alaska

Resupply Operation?

142.6 How are the rates and conditions for

the Alaska Resupply Operation

established?

142.7 How are transportation and scheduling

determined?

142.8 Is economy of operation a requirement

for the Alaska Resupply Operation?

142.9 How are orders accepted?

142.10 How is freight to be prepared?

142.11 How is payment made?

142.12 What is the liability of the United

States for loss or damage?

142.13 Information collection.

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. 586.

§ 142.1 Definitions.

Area Director means the Area

Director, Juneau Area Office, Bureau of

Indian Affairs.

Bureau means Bureau of Indian

Affairs

Department means Department of the

Interior.

Manager means Manager of the

Seattle Support Center.

Must is used in place of shall and

indicates a mandatory or imperative act

or requirement.

Indian means any individual who is

a member of an Indian tribe.

Indian tribe means an Indian or

Alaska Native tribe, band, nation,

pueblo, village, or community that the

Secretary of the Interior acknowledges

to exist as an Indian tribe pursuant to

Pub. L. 103–454, 108 Stat. 4791.

Alaska Native means a member of an

Alaska Native village or a Native

shareholder in a corporation as defined

in or established pursuant to the Alaska

Native Claims Settlement Act, 43 U.S.C.

1601 et seq.

§ 142.2 What is the purpose of the Alaska

Resupply Operation?

The Alaska Resupply Operation

provides consolidated purchasing,

freight handling and distribution, and

necessary transportation services from

Seattle, Washington to and from other

points in Alaska or en route in support

of the Bureau’s mission and

responsibilities.

§ 142.3 Who is responsible for the Alaska

Resupply Operation?

The Seattle Support Center, under the

direction of the Juneau Area Office, is

responsible for the operation of the

Alaska Resupply Operation, including

the management of all facilities and

equipment, personnel, and procurement

of goods and services.

(a) The Seattle Support Center is

responsible for publishing the rates and

conditions that must be published in a

tariff.

(b) All accounts receivable and

accounts payable are handled by the

Seattle Support Center.

(c) The Manager must make itineraries

for each voyage in conjunction with

contracted carriers. Preference is to be

given to the work of the Bureau.

(d) The Area Director is authorized to

direct the Seattle Support Center to

perform special services that may arise

and to act in any emergency.

§ 142.4 For whom is the Alaska Resupply

Operation operated?

The Manager is authorized to

purchase and resell food, fuel, clothing,

supplies and materials, and to order,

receive, stage, package, store and

transport these goods and materials for:

(a) Alaska Natives, Indian or Native

owned businesses, profit or nonprofit

Alaska Native corporations, Native

cooperatives or organizations, or such

other groups or individuals as may be

sponsored by any Native or Indian

organization.

(b) Other Federal agencies and the

State of Alaska and its subsidiaries, as

long as the ultimate beneficiaries are the

Alaska Natives or their communities.
31472 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules

(c) Non-Indians and Non-Natives and

commercial establishments that

economically or materially benefit

Alaska Natives or Indians.

(d) The Manager must make

reasonable efforts to restrict competition

with private enterprise.

§ 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 Area Director.

(a) The Manager must develop a tariff

that establishes rates and conditions for

charging users.

(1) The tariff must be approved by the

Area Director.

(2) The tariff must be published on or

before March 1 of each year.

(3) The tariff must not be altered,

amended, or published more frequently

than once each year, except in an

extreme emergency.

(4) The tariff must be published,

circulated and posted throughout

Alaska, particularly in the communities

commonly and historically served by

the resupply operation.

(b) The tariff must include standard

freight categories and rate structures

that are recognized within the industry,

as well as any appropriate specialized

warehouse, handling and storage

charges.

(c) The tariff must specify rates for

return cargo and cargo hauled between

ports.

(1) The rates and conditions for the

Bureau, other Federal agencies, the State

of Alaska and its subsidiaries must be

the same as that for Native entities.

(2) Different rates and conditions may

be established for Non-Indian and NonNative commercial establishments, if

those establishments do not meet the

standard in § 142.4(c) and no other

service is available to that location.

§ 142.6 How are the rates and conditions

for the Alaska Resupply Operation

established?

The Manager must develop tariff rates

using the best modeling techniques

available to ensure the most economical

service to the Alaska Natives, Indian or

Native owned businesses, profit or

nonprofit Alaska Native corporations,

Native cooperatives or organizations, or

such other groups or individuals as may

be sponsored by any Native or Indian

organization, without enhancing the

Federal treasury.

(a) The Area Director’s approval of the

tariff constitutes a final action for the

Department for the purpose of

establishing billing rates.

(b) The Bureau must issue a

supplemental bill to cover excess cost in

the event that the actual cost of a

specific freight substantially exceeds the

tariff price.

(c) If the income from the tariff

substantially exceeds actual costs, a

prorated payment will be issued to the

shipper.

§ 142.7 How are transportation and

scheduling determined?

(a) The Manager must arrange the

most economical and efficient

transportation available, taking into

consideration lifestyle, timing and other

needs of the user. Where practical,

shipping must be by consolidated

shipment that takes advantage of

economies of scale and consider

geographic disparity and distribution of

sites.

(b) Itineraries and scheduling for all

deliveries must be in keeping with the

needs of the users to the maximum

extent possible. Planned itineraries with

dates set as to the earliest and latest

anticipated delivery dates must be

provided to users prior to final

commitment by them to utilize the

transportation services. Each shipping

season the final departure and arrival

schedules must be distributed prior to

the commencement of deliveries.

§ 142.8 Is economy of operation a

requirement for the Alaska Resupply

Operation?

Yes. The Manager must ensure that

purchasing, warehousing and

transportation services utilize the most

economical delivery. This may be

accomplished by memoranda of

agreement, formal contracts, or

cooperative arrangements. Whenever

possible joint arrangements for economy

will be entered into with other Federal

agencies, the State of Alaska, Alaska

Native cooperatives or other entities

providing services to rural Alaska

communities.

§ 142.9 How are orders accepted?

(a) The Manager must make a formal

determination to accept an order, for

goods or services, and document the

approval by issuing a permit or similar

instrument.

(b) The Seattle Support Center must

prepare proper manifests of the freight

accepted at the facility or other

designated location. The manifest must

follow industry standards to ensure a

proper legal contract of carriage is

executed, upon which payment can be

exacted upon the successful delivery of

the goods and services.

§ 142.10 How is freight to be prepared?

All freight must be prepared in

accordance with industry standards,

unless otherwise specified, for overseas

shipment, including any pickup,

delivery, staging, sorting, consolidating,

packaging, crating, boxing,

containerizing, and marking that may be

deemed necessary by the Manager.

§ 142.11 How is payment made?

(a) Unless otherwise provided in this

Part, all regulations implementing the

Financial Integrity Act, Anti-Deficiency

Act, Prompt Payments Act, Debt

Collection Act of 1982, 4 CFR Ch. II

Federal Claims Collection Standards,

and other like acts apply to the Alaska

Resupply Operation.

(b) Payment for all goods purchased

and freight or other services rendered by

the Seattle Support Center are due and

payable upon final receipt of the goods

or services. If payment is not received

within the time specified on the billing

document, interest and penalty fees at

the current treasury rate will be charged,

and handling and administrative fees

may be applied.

(c) Where fuel and other goods are

purchased on behalf of commercial

enterprises, payment for those goods

must be made within 30 days of

delivery to the Seattle Support Center

Warehouse. Payment for freight must be

made within 30 days from receipt of the

goods by the shipper.

§ 142.12 What is the liability of the United

States for loss or damage?

(a) The liability of the United States

for any loss or damage to, or nondelivery of freight is limited by 46

U.S.C. 746 and the Carriage of Goods by

Sea Act (46 U.S.C. 1300 et seq.). The

terms of such limitation of liability must

be contained in any document of title

relating to the carriage of goods by sea.

This liability may be further restricted

in specialized instances as specified in

the tariff.

(b) In addition to the standards of

conduct and ethics applicable to all

government employees, the employees

of the Seattle Support Center shall not

conduct any business with, engage in

trade with, or accept any gifts or items

of value from any shipper or permittee.

(c) The Seattle Support Center will

continue to function only as long as the

need for assistance to Native village

economies exits. To that end, a review

of the need for the serve must be

conducted every five years.

§ 142.13 Information collection.

In accordance with Office of

Management and Budget regulations in

5 CFR 1320.4, approval of information
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Proposed Rules 31473

collections contained in this regulation

is not required.

Dated: May 31, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–15510 Filed 6–19–96; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[PS–39–93]

RIN 1545–AR63

Definition of Structure

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice of proposed rulemaking

and notice of public hearing.

SUMMARY: This document contains

proposed regulations relating to

deductions available upon demolition of

a building. These proposed regulations

reflect changes to the law made by the

Tax Reform Act of 1984 and affect

owners and lessees of real property who

demolish buildings. This document also

provides notice of a public hearing on

these regulations.

DATES: Written comments, requests to

appear and outlines of topics to be

discussed at the public hearing

scheduled for October 9, 1996, must be

received by September 18, 1996.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (PS–39–93), room

5228, Internal Revenue Service, POB

7604, Ben Franklin Station, Washington,

DC 20044. In the alternative,

submissions may be hand delivered

between the hours of 8 a.m. and 5 p.m.

to: CC:DOM:CORP:R (PS–39–93),

Courier’s Desk, Internal Revenue

Service, 1111 Constitution Avenue NW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Concerning the regulations, Bernard P.

Harvey, (202) 622–3110; concerning

submissions and the hearing, Christina

Vasquez, (202) 622–6803 (not toll-free

numbers).

SUPPLEMENTARY INFORMATION:

Background

This document contains proposed

regulations under section 280B of the

Internal Revenue Code. Section 280B

was added by the Tax Reform Act of

1976, Public Law 94–455, 2124(b), 90

Stat. 1520, 1918 (Oct. 4, 1976), and

significant amendments were made to

the provision by the Economic Recovery

Tax Act of 1981, Public Law 97–34,

212(d)(2)(C) and (e)(2), 95 Stat. 172, 239

(Aug. 13, 1981) (1981 Act) and the Tax

Reform Act of 1984, Public Law 98–369,

1063, 98 Stat. 494, 1047 (July 18, 1984)

(1984 Act). Transition rules were

provided in the Tax Reform Act of 1986,

Public Law 99–514, 1878(h), 100 Stat.

2085, 2904 (Oct. 22, 1986) (1986 Act).

As originally enacted, section 280B

required any costs or losses incurred on

account of the demolition of any

certified historic structure (a building or

structure meeting certain requirements)

to be capitalized into the land upon

which the demolished structure was

located. The 1981 Act modified the

definition of certified historic structure

for purposes of section 280B from a

building or structure meeting certain

requirements to a building (or its

structural components) meeting certain

requirements. The 1984 Act substituted

‘‘any structure’’ for ‘‘certified historic

structure.’’ These proposed regulations

define what ‘‘structure’’ means for

purposes of section 280B.

Explanation of Provisions

These proposed regulations define the

term ‘‘structure’’ for purposes of section

280B as a building and its structural

components as those terms are defined

in § 1.48–1(e) of the Income Tax

Regulations. Thus, under section 280B,

a structure will include only a building

and its structural components and not

other inherently permanent structures

such as oil and gas storage tanks, blast

furnaces, and coke ovens.

The proposed regulations rely on the

legislative history underlying the 1984

and 1986 Acts, which refer repeatedly to

buildings rather than to structures

generally. In addition, the legislative

history of the 1984 Act discusses the

difficulty of applying the intent test of

§ 1.165–3 of the regulations, which

applies to the demolition of buildings,

and indicates that the newly added

language is meant to eliminate this

difficulty.

Proposed Effective Date

The regulations are proposed to be

effective on and after the date that final

regulations are filed with the Federal

Register.

Special Analyses

It has been determined that this notice

of proposed rulemaking is not a

significant regulatory action as defined

in EO 12866. Therefore, a regulatory

assessment is not required. It also has

been determined that section 553(b) of

the Administrative Procedure Act (5

U.S.C. chapter 5) and the Regulatory

Flexibility Act (5 U.S.C. chapter 6) do

not apply to these regulations, and,

therefore, a Regulatory Flexibility

Analysis is not required. Pursuant to

section 7805(f) of the Internal Revenue

Code, this notice of proposed

rulemaking will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment

on its impact on small business.

Comments and Public Hearing

Before these proposed regulations are

adopted as final regulations,

consideration will be given to any

written comments (a signed original and

eight (8) copies) that are submitted

timely to the IRS. All comments will be

available for public inspection and

copying.

A public hearing has been scheduled

for October 9, 1996, in the

Commissioner’s Conference Room.

Because of access restrictions, visitors

will not be admitted beyond the Internal

Revenue Building lobby more than 15

minutes before the hearing starts.

The rules of 26 CFR 601.601(a)(3)

apply to the hearing.

Persons that wish to present oral

comments at the hearing must submit

written comments and an outline of the

topics to be discussed and the time to

be devoted to each topic (signed original

and eight (8) copies) by September 18,

1996.

A period of 10 minutes will be

allotted to each person for making

comments.

An agenda showing the scheduling of

the speakers will be prepared after the

deadline for receiving outlines has

passed. Copies of the agenda will be

available free of charge at the hearing.

Drafting Information

The principal author of these

regulations is Bernard P. Harvey, Office

of Assistant Chief Counsel

(Passthroughs and Special Industries).

However, other personnel from the IRS

and Treasury Department participated

in their development.

List of Subjects in 26 CFR Part 1

Income Taxes, Reporting and

recordkeeping requirements.

Proposed Amendments to the

Regulations

Accordingly, 26 CFR part 1 is

proposed to be amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 continues to read in part as

follows:

Authority: 26 U.S.C. 7805 * * *