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19 September 2008
[Federal Register: September 19, 2008 (Volume 73, Number 183)]
[Notices]
[Page 54356-54359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se08-22]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 54356]]
ADVISORY COUNCIL ON HISTORIC PRESERVATION
Draft Program Comment for Department of Defense Rehabilitation
Treatment Measures
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice of intent to issue program comments for Department of
Defense Rehabilitation Treatment Measures.
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SUMMARY: The Advisory Council on Historic Preservation is considering
issuing a Program Comment for the Department of Defense setting forth
how it will comply with Section 106 of the National Historic
Preservation Act when rehabilitating exterior building elements that
are character-defining features of historic properties. The Advisory
Council on Historic Preservation seeks public input on the proposed
Program Comment.
DATES: Submit comments on or before October 20, 2008.
ADDRESSES: Address all comments concerning this proposed Program
Comment to Hector Abreu Cintron, Office of Federal Agency Programs,
Advisory Council on Historic Preservation, 1100 Pennsylvania Avenue,
NW., Suite 803, Washington, DC 20004. Fax (202) 606-8647. You may
submit electronic comments to: habreu@achp.gov.
FOR FURTHER INFORMATION CONTACT: Hector Abreu Cintron, (202) 606-8517,
habreu@achp.gov.
SUPPLEMENTARY INFORMATION: Section 106 of the National Historic
Preservation Act requires Federal agencies to consider the effects of
their undertakings on historic properties and provide the Advisory
Council on Historic Preservation (``ACHP'') a reasonable opportunity to
comment with regard to such undertakings. The ACHP has issued the
regulations that set forth the process through which Federal agencies
comply with these duties. Those regulations are codified under 36 CFR
part 800 (``Section 106 regulations'').
Under Section 800.14(e) of those regulations, agencies can request
the ACHP to provide a ``Program Comment'' on a particular category of
undertakings in lieu of conducting individual reviews of each
individual undertaking under such category, as set forth in 36 CFR
800.4 through 800.7. An agency can meet its Section 106
responsibilities with regard to the effects of particular aspects of
those undertakings by taking into account ACHP's Program Comment and by
following the steps set forth in that comment.
The ACHP is now considering issuing a Program Comment to the
Department of Defense (DoD), covering rehabilitation treatment measures
for: (1) The removal of mortar joints and repointing; (2) preparation
of lime and cement-amended mortars; (3) preparation of lime- or
Portland-based stucco; (4) identifying masonry types and failures; and
(5) repair and replacement of historic stucco. The Program Comment
would include a process for adding new rehabilitation treatment
measures, updating existing ones, and removing those that may not be
working as intended.
The text of the draft Program Comment, minus its appendices, can be
found at the end of this notice. The appendices comprise the technical
substance of each of the original five rehabilitation treatment
measures and their two implementation guidance documents. Due to their
volume, they will not be copied into this notice. However, they can be
accessed in their entirety on the Internet at: http://www.achp.gov/
masonryst.html. Those without access to the Internet can contact Hector
Abreu Cintron at 202-606-8517, or by e-mail at habreu@achp.gov, to
arrange an alternate method of access to the appendices.
I. Background on Previous Proposal for a ``Standard Treatment''
Originally, the ACHP and DoD had proposed handling these
rehabilitation treatment measures as part of a ``Standard Treatment''
applicable to all Federal agencies. The ACHP sought public comment on
that proposal on June 12, 2008 (73 FR 33387-33389). However, after
considering the resulting public comments, the ACHP met with DoD and
recommended that the rehabilitation treatment measures be handled as a
``Program Comment'' applicable only to DoD.
In general terms, a ``standard treatment'' is an ACHP approved
method that, if used, assists Federal agencies in satisfying their
responsibilities under the regular Section 106 process. However,
standard treatments do not redefine the regular Section 106 process. An
agency must still go through all the regular steps of the Section 106
process before using a standard treatment. So, for example, a Federal
agency still has to consult with various parties in identifying the
area of potential effects and historic properties within it, and
determining whether such historic properties may be affected, before
using a standard treatment to either facilitate the determination of
adverse effects or facilitate negotiation of an agreement to resolve
the adverse effects under the regular process.
While standard treatments have great value in facilitating the
regular Section 106 process, the ACHP came to the conclusion that a
more streamlined approach was warranted for handling the rehabilitation
treatment measures at issue, particularly considering that they are
drafted so as to meet the Secretary of the Interior's Standards for
Rehabilitation (Secretary's Standards), 36 CFR part 67. A ``Program
Comment'' provides such a streamlined approach. Rather than having DoD
go through the entire, regular Section 106 process for rehabilitation
activities that will meet the Secretary's Standards, the Program
Comment redefines that regular process so that DoD can comply with
Section 106 for its rehabilitation activities by simply following the
rehabilitation treatment measures appended to the Program Comment and
keeping a record of its actions.
The public comments received on the originally proposed standard
treatment also made it clear that it would be preferable to limit the
number of the initial rehabilitation treatment measures to the five
indicated above. Under the original draft standard treatment, eighteen
rehabilitation treatment measures had been proposed. They included
measures regarding historic mortar, historic stucco, historic brick,
terra cotta and ceramics, historic adobe
[[Page 54357]]
masonry units, stone, masonry restoration, identification of masonry
types and failure, and masonry cleaning. The public comments indicated
the need to engage in fairly involved technical edits and to more
closely examine various issues with several of the rehabilitation
treatment measures. So, a decision was made to limit the number of
initial rehabilitation treatment measures to a more manageable group
and work to improve those.
The public comments, and further internal discussion, also
highlighted concerns about standard treatments that would be open to
use by all Federal agencies, when some of those agencies may have
neither the expertise nor the supervisory capacity to ensure the
rehabilitation treatment measures are carried out correctly and
consistently. Accordingly, the ACHP has decided to change the draft so
that it: (a) Only applies to DoD; (b) includes a recordkeeping
mechanism that will help keep track on how the rehabilitation treatment
measures are being carried out; (c) specifically allows for updating
existing rehabilitation treatment measures and removing those that are
not working as intended; and (d) provides for annual meetings to
maintain oversight regarding how the Program Comment is working.
II. Background on the Proposed Program Comment
As indicated above, the ACHP and DoD collaborated to develop
various rehabilitation treatment measures to address rehabilitation of
exterior building elements that are character defining features of
historic properties.
The goal is to encourage use of the Secretary's Standards through
the use of rehabilitation treatment measures that detail construction
specifications for routine repair and maintenance undertakings that are
consistent with those Secretary's Standards, and therefore expected to
have no adverse effects on historic properties.
Those rehabilitation treatment measures are designed to codify the
numerous ``industry standard'' practices associated with routine repair
and maintenance of historic properties. The appendices to the Program
Comment currently under consideration include the two implementation
guidance documents (numbered 01060.01 and 01091.01) and the following
five treatments measures:
04100 Historic Mortar
(1) 04100.01 Removal of Mortar Joints and Repointing
(2) 04100.02 Preparation of Lime and Cement Amended Mortars
04110 Historic Stucco
(3) 04110.01 Preparation of Lime or Portland Based Stucco
(4) 04110.02 Repair and Replacement of Historic Stucco
04400 Stone
(5) 04400.01 Identifying Masonry Types and Failures
DoD has consulted with the ACHP, the National Park Service (NPS),
the National Conference of State Historic Preservation Officers, the
National Trust for Historic Preservation and the DoD Historic
Preservation Working group. The NPS has been a vital partner in
reviewing the draft standard treatments to verify that they are
consistent with the Secretary's Standards.
After considering the public comments resulting from the June 12,
2008 Federal Register notice (when the rehabilitation treatment
measures were presented as part of a ``standard treatment''), DoD and
the ACHP initiated talks with some of those who provided those
comments, and particularly with representatives of the American
Institute of Architects, and the American Institute for the
Conservation of Historic and Artistic Works.
As a result of those talks, DoD and the ACHP will be revising the
mentioned five rehabilitation treatment measures. The original
treatment measures were developed for use on historic properties and
provided an overview of accepted conservation practices. However, upon
further revision it became apparent that their original scope was
method based. Most complex conservation application should be subjected
to a thorough understanding of the historic resource, its problems, and
the work to be accomplished. Many of these applications are extremely
complex and require a thorough diagnostic process prior to the
execution of any specification.
Therefore, during the present public comment period, the ACHP, DoD,
and the NPS will work on modifying the specifications. The new program
comment specifications will emphasize industry acceptable conservation
performance practices that require minimal pretesting and support
cyclical maintenance schedules. Specification will emphasize the
gentlest methods possible with materials and techniques whose
application will support the stewardship responsibilities of DoD with
their historic resources. The current set of proposed specifications
will require a minimum of diagnostic pretesting due to their common
applicability by the industry and extensive prior vetting of their
technical validity by conservation experts. These common maintenance
specifications are currently being discussed with key experts in the
conservation field as well as with the National Park Service to ensure
their consistency with the Secretary's Standards when applied under the
conditions set out in the Program Comment.
They will also further clarify the role of conservators and
architects (professionally qualified) versus the role of the
contractor. The conservator/architect would always be responsible for
diagnostic surveys and materials testing, in addition to approval of
mock-ups (as is already documented).
Please understand that these modifications are not yet reflected in
the rehabilitation treatment measures that you will find at http://
www.achp.gov/masonryst.html. The modifications are outlined here so the
public interested in commenting is aware of them and may be able to
comment on the direction the ACHP plans to take.
III. Expected Benefits
This Program Comment was conceived to promote best preservation
practices within the military.
As explained above, the Program Comment and its rehabilitation
treatment measures were conceived as a way to assist DoD in
rehabilitating its large inventory of historic properties without
getting bogged down in an unnecessarily long Section 106 process,
particularly since use of the rehabilitation treatment measures (which
are consistent with the Secretary's Standards) would not result in
adverse effects.
Once the public comments resulting from this notice are considered,
and edits are incorporated as deemed appropriate, the ACHP will decide
whether to issue the Program Comment. The ACHP expects to make that
decision at its upcoming quarterly meeting scheduled on November 14,
2008 in Washington, DC.
IV. Text of the Proposed Program Comment
As stated above, the appendices to the proposed Program Comment
comprise the substantive rehabilitation treatment measures and the two
implementation guidance documents. Due to their volume, they will not
be copied into this notice. However, they can be accessed on the
Internet at http://www.achp.gov/masonryst.html. Again, various
modifications to those rehabilitation treatment measures, while
[[Page 54358]]
outlined above to help the public understand the direction being
considered, will not be reflected on the versions at the cited Web
address. The ACHP, DoD, NPS and others will be working to incorporate
such modifications during the public comment period.
Those without access to the Internet can contact Hector Abreu
Cintron at 202-606-8517, or by e-mail at habreu@achp.gov to arrange an
alternate method of access to the documents.
The following is the text of the Program Comment, minus the
appendices:
Program Comment for Department of Defense Rehabilitation Treatment
Measures
I. Establishment and Authority: This Program Comment was issued by
the Advisory Council on Historic Preservation (ACHP) on (date of
establishment) pursuant to 36 CFR 800.14(e).
It provides the Department of Defense (DoD) with an alternative way
to comply with its responsibilities under Section 106 of the National
Historic Preservation Act, 16 U.S.C. 470f, and its implementing
regulations, 36 CFR part 800 (Section 106), with regard to the effects
of rehabilitation treatment measures appended to this Program Comment.
The intent of this Program Comment is to reduce compliance
timeframes for routine repair and maintenance undertakings involving
historic properties where DoD chooses to repair and maintain those
resources in accordance with the Secretary of the Interior's Standards
for Rehabilitation, 36 CFR part 67 (Secretary's Standards for
Rehabilitation).
II. Applicability to Department of Defense: Only DoD may use this
Program Comment.
III. Date of Effect: This Program Comment will go into effect on
(date of establishment).
IV. Use of Rehabilitation Treatment Measures To Comply With Section
106 Regarding Their Effects:
(1) DoD may comply with Section 106 regarding the effects of
rehabilitation treatment measures on historic properties, and those
properties whose eligibility has not yet been determined, by:
(i) Conducting such work as provided by the relevant rehabilitation
treatment measure(s) appended to this document, in conformance with the
implementation guidance documents numbered 01060.01 and 01091.01 in
those appendices;
(ii) Ensuring that all work described in the rehabilitation
treatment measures is conducted under the supervision and approval of a
cultural resources professional who meets the relevant standards
outlined in the Secretary of the Interior's Professional Qualification
Standards, pursuant to 36 CFR part 61 (Secretary's Standards on
Professional Qualification); and
(iii) Keeping a record, at the relevant DoD installation, detailing
each use of a rehabilitation treatment measure under this Program
Comment for no less than five years from the final date of the
implementation of the rehabilitation treatment measure. Each record
must include the following information:
(a) A description of the implementation of the rehabilitation
treatment measure (including the specific location of the treatment);
(b) the date(s) when the rehabilitation treatment measure was
implemented;
(c) the name(s) of the personnel that carried out and/or supervised
the use of the rehabilitation treatment measure;
(d) a summary of the treatment implementation, indicating how the
rehabilitation treatment measure was carried out, any problems that
arose, and the final outcome; and
(e) a summary of any refinements to the rehabilitation treatment
measures that the installation and relevant State Historic Preservation
Officer (SHPO) have agreed upon per Stipulation IV(4), below. DoD must
provide copies of these records, within a reasonable timeframe, when
requested by the ACHP or the relevant SHPO.
(2) Before it begins using this Program Comment, a DoD installation
must provide written notification to the relevant SHPO stating that it
intends to begin using it and specifying which rehabilitation treatment
measures it deems appropriate for use with regard to the historic
properties at the installation. The installation may begin using this
Program Comment 30 days after such notification.
(3) A DoD installation must also provide written notification to
the relevant SHPO when it intends to begin using a rehabilitation
treatment measure that has been added to this Program Comment per
Stipulation VI. The installation may begin using such an added
rehabilitation treatment measure 30 days after such notification.
(4) If, in the opinion of a DoD personnel or DoD contractor meeting
the Secretary's Standards on Professional Qualification, quantifiable
scientific or qualitative historic data indicates that a rehabilitation
treatment measure covered by this Program Comment should be refined to
accommodate a specific material or rehabilitation technique that is
more suitable for the relevant historic properties at the installation
and/or that more specifically meets the intent of the Secretary's
Standards for Rehabilitation, the installation shall notify the
relevant SHPO of that proposed refinement. (An example of a refinement
would be the selection of a mortar joint profile appropriate for the
historic property under consideration.) If, within 30 days of receiving
that notification, the relevant SHPO disputes whether the proposed
refinement to the rehabilitation treatment measure meets the
Secretary's Standards for Rehabilitation, the installation and the
relevant SHPO shall consult to attempt to resolve that dispute. If the
relevant SHPO and the installation agree to a proposed refinement, or
the relevant SHPO fails to dispute it within the 30-day period, the
installation may proceed in accordance with the proposed refinement.
Consultation about, and agreement or disagreement regarding, proposed
refinements does not affect the ability of an installation to continue
using this Program Comment and any of its existing rehabilitation
treatment measures.
V. Program Comment Does Not Cover Aspects of Undertakings Beyond
the Specific Rehabilitation Treatment Measures: While DoD may comply
with Section 106 regarding the effects of rehabilitation treatment
measures on historic properties in accordance with this Program
Comment, the effects of those aspects of its undertakings that are not
specifically covered by the appended rehabilitation treatment measures
must still undergo Section 106 review in accordance with the process
found at 36 CFR 800.3 through 800.7, or applicable alternatives under
36 CFR 800.14 other than this Program Comment. For example, a DoD
undertaking that includes the treatment of the exterior masonry of a
historic building (in accordance with a rehabilitation treatment
measure of this Program Comment) and the demolition of its interior
walls, will still have to undergo Section 106 review outside this
Program Comment for those aspects of the undertaking involving the
demolition of the interior walls.
VI. Process for Adding or Updating Rehabilitation Treatment
Measures: While this Program Comment, as originally adopted, was
limited to five rehabilitation treatment measures, the ACHP expects
more rehabilitation treatment measures to be added to it. The ACHP also
expects that rehabilitation treatment measures included in the Program
Comment may
[[Page 54359]]
eventually need updating. Accordingly, rehabilitation treatment
measures may be added to this Program Comment, or updated, as follows:
(1) DoD will notify the ACHP, the National Conference of State
Historic Preservation Officers (NCHSPO), and DOI (collectively,
parties) that it wants to add a rehabilitation treatment measure to the
Program Comment, or to update a rehabilitation treatment measure that
is already a part of the Program Comment. Such a notification will
include a draft of the proposal.
(2) The parties will provide a copy of the draft to the National
Trust for Historic Preservation, the American Institute of Architects,
the American Institute for the Conservation of Historic and Artistic
Works, and the Association for Preservation Technology, and consult
with them before finalizing the proposal. The parties may invite other
entities, including members of professional associations with expertise
on the particular subject matter of the proposed rehabilitation
treatment measure or update, to the consultation.
(3) After such consultation, DoD will submit the finalized version
to DOI with a request for confirmation from DOI that the proposed
rehabilitation treatment measure or update meets the criteria set forth
in the Secretary's Standards for Rehabilitation. DOI will have 45 days
to provide a written response to DoD. Should DOI determine that the
proposed rehabilitation treatment measure or update does not meet the
Secretary's Standards for Rehabilitation, DoD may consult with those
listed on sub stipulations (1) and (2), above, and revise the proposal
for reconsideration by DOT.
(4) After DOI confirmation that the proposal meets the Secretary's
Standards for Rehabilitation, or after the allotted 45 days pass
without a DOI response (at which point, DOI confirmation will be
assumed), DoD may submit the finalized version to the ACHP Executive
Director. If the ACHP Executive Director approves it, the ACHP will
publish a notice of availability of the approved addition or update in
the Federal Register. The addition or update will go into effect upon
such publication.
VII. Process for Removing Rehabilitation Treatment Measures: The
ACHP may remove a rehabilitation treatment measure from the Program
Comment by publishing a Federal Register notice to that effect. The
Program Comment will continue to operate with the other rehabilitation
treatment measures that have not been removed.
VIII. Latest Version of the Program Comment: DoD and/or the ACHP
will include the most current version of the Program Comment (with the
latest amendments and updates) in a publicly accessible Web site. The
latest Web address for that site will be included in each of the
Federal Register notices for amending, removing or updating
rehabilitation treatment measures in the Program Comment. This document
and its appended rehabilitation measures will initially be available at
https://www.denix.osd.mil/ProgramAlternatives.
IX. Annual Reports and Meetings: The parties shall meet once a
year, in November, to discuss the implementation of the Program Comment
and to consider whether rehabilitation treatment measures that have not
been updated in five years should be updated in accordance with
Stipulation VI. At least 60 days prior to such meetings, the parties
may request of DoD more information on any issues at specific military
installations. DoD will collect information from these military
installations on their experience, for the previous twelve months, on
how often and where the Program Comment has been utilized, examples of
successful implementation, and examples of failures or problems with
implementation.
X. Amendment: The ACHP may amend this Program Comment (other than
the appended rehabilitation treatment measures themselves, which are
amended according to Stipulations VI and VII, above) after consulting
with the parties and publishing a Federal Register notice to that
effect.
XI. Termination: The ACHP may terminate this Program Comment by
publication of a notice in the Federal Register 30 days before the
termination takes effect.
XII. Sunset Clause: This Program Comment will terminate on its own
accord on November 1, 2018, unless it is amended before that date to
extend that period.
XIII. Historic Properties in Tribal Lands and Historic Properties
of Significance to Indian Tribes and Native Hawaiian Organizations:
This Program Comment does not apply in connection with effects to
historic properties that are located on tribal lands and/or that are of
religious and cultural significance to Indian tribes or Native Hawaiian
organizations.
XIV. Definitions: The definitions found at 36 CFR part 800 apply to
the terms used in this Program Comment.
XV. Rehabilitation Treatment Measure Appendices: (starting on next
page).
Authority: 36 CFR 800.14(e).
Dated: September 15, 2008.
John M. Fowler,
Executive Director.
[FR Doc. E8-21885 Filed 9-18-08; 8:45 am]
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