80_FR_58933 80 FR 58744 - Notice of Amendment to Program Comment to Avoid Duplicative Reviews for Wireless Communications Facilities Construction and Modification

80 FR 58744 - Notice of Amendment to Program Comment to Avoid Duplicative Reviews for Wireless Communications Facilities Construction and Modification

ADVISORY COUNCIL ON HISTORIC PRESERVATION

Federal Register Volume 80, Issue 189 (September 30, 2015)

Page Range58744-58747
FR Document2015-24713

The Advisory Council on Historic Preservation has amended the referenced Program Comment which avoids duplicate reviews under Section 106 of the National Historic Preservation Act regarding telecommunications projects that undergo Section 106 review by the Federal Communications Commission under existing Nationwide Programmatic Agreements. The amendments extend the duration of the Program Comment, add agencies that can use the Program Comment, and provide for a monitoring system.

Federal Register, Volume 80 Issue 189 (Wednesday, September 30, 2015)
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Pages 58744-58747]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24713]


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ADVISORY COUNCIL ON HISTORIC PRESERVATION


Notice of Amendment to Program Comment to Avoid Duplicative 
Reviews for Wireless Communications Facilities Construction and 
Modification

AGENCY: Advisory Council on Historic Preservation.

ACTION: Notice of Program Comment amendment.

-----------------------------------------------------------------------

SUMMARY: The Advisory Council on Historic Preservation has amended the 
referenced Program Comment which avoids duplicate reviews under Section 
106 of the National Historic Preservation Act regarding 
telecommunications projects that undergo Section 106 review by the 
Federal Communications Commission under existing Nationwide 
Programmatic Agreements. The amendments extend the duration of the 
Program Comment, add agencies that can use the Program Comment, and 
provide for a monitoring system.

DATES: The amendments were adopted by the ACHP on September 24, 2015.

ADDRESSES: Address all questions concerning the Program Comment 
amendments to Charlene Vaughn, Office of Federal Agency Programs, 
Advisory Council on Historic Preservation, 401 F Street NW., 
Washington, DC 20001-2637. You may submit electronic questions to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Charlene Vaughn, (202) 517-0207, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 106 of the National Historic 
Preservation Act, 54 U.S.C. 306108 (Section 106), requires federal 
agencies to consider the effects of their undertakings on historic 
properties and to 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 
800.3 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 
following the steps set forth in that comment.

I. Background

    On October 23, 2009, the ACHP issued the referenced Program Comment 
to the U.S. Department of Agriculture Rural Utilities Service (RUS), 
the U.S. Department of Commerce National Telecommunications and 
Information Administration (NTIA), and the Federal Emergency Management 
Agency (FEMA) to relieve them from conducting duplicate reviews under 
Section 106 when those agencies assist a telecommunications project 
subject to Section 106 review by the Federal Communications Commission 
(FCC). The FCC complies with its Section 106 responsibilities through 
its Programmatic Agreement for Review of Effects on Historic Properties 
for Certain Undertakings Approved by the FCC and the Nationwide 
Programmatic Agreement for the Collocation of Wireless Antennas (FCC 
NPAs).
    For background on that original Program Comment, and its text 
before these amendments, please refer to 74 FR 60280-60281 (November 
20, 2009).
    On August 21, 2015, the ACHP received a request from RUS, NTIA, and 
the Federal Emergency Management Agency (FEMA) to amend the referenced 
Program Comment.
    The issuance of the original Program Comment was intended to assist 
agencies to expeditiously allocate American Recovery and Reinvestment

[[Page 58745]]

Act (ARRA) funds, which was done successfully. While the ARRA funds 
have been expended, new funding has been provided to agencies to 
expedite the deployment of broadband. Also, unless amended, the Program 
Comment would have expired on September 30, 2015.
    The extension of the duration of the Program Comment is therefore 
necessary to continue streamlining the Section 106 review. In addition, 
several new agencies are now involved in these undertakings and need to 
be accommodated by the Program Comment to avoid delays in project 
approval. One of those agencies, FirstNet may or may not provide 
financial assistance for such towers and collocations in the future, 
but is the entity responsible for ensuring the building, deployment, 
and operation of the nationwide public safety broadband network, which 
will likely include the construction of communications towers and the 
collocation of equipment on existing facilities.
    Accordingly, the ACHP membership voted in favor of amending the 
Program Comment via an unassembled vote on September 24, 2015. The 
Program Comment has been amended to:
    1. Allow all components of the Department of Homeland Security 
(DHS), the Federal Railroad Administration (FRA), the Federal Transit 
Authority (FTA), and the First Responder Network Authority (FirstNet) 
to use the Program Comment, and specify how to add new agencies to the 
Program Comment in the future;
    2. Insert three new paragraphs explaining the purpose and need of 
the amendments listed above;
    3. Extend the duration of the Program Comment to September 30, 
2025;
    4. Add a system to monitor the use of the Program Comment;
    5. Cite Presidential Memoranda consistent with the streamlining 
intent of the Program Comment; and
    6. Add technical edits to reflect the effective date of these 
amendments and changes to the statutory citation to Section 106 of the 
National Historic Preservation Act.
    RUS sought input from stakeholders on the proposed amendments to 
the Program Comment. Thereafter, the ACHP became more directly involved 
in the consultation by holding meetings, requesting and considering 
comments by stakeholders, holding conference calls with them, and 
making changes to the draft amendments accordingly. Overall, the 
majority of State Historic Preservation Officers (SHPOs), Tribal 
Historic Preservation Officers (THPOs), and Indian tribes that 
commented endorsed the amendment of the Program Comment.
    Comments from several stakeholders raised issues beyond the 
amendments outlined above. Since addressing those issues in the text of 
the Program Comment itself would unnecessarily clutter it, those issues 
are addressed in this Federal Register preamble instead. These issues 
are:
    1. How the scope of the Federal Communications Commission (FCC) 
Nationwide Programmatic Agreements does not include federal or tribal 
lands, and therefore the scope of the Program Comment is similarly 
limited. The FCC NPAs, by their own terms, do not apply on tribal 
lands. Since this Program Comment relies on compliance carried out by 
the FCC through the FCC NPAs, the Program Comment would similarly not 
cover these undertakings on tribal lands.
    Regarding the applicability of the Program Comment on federal 
lands, it must be noted that of the roughly 635-640 million acres of 
federal lands, 628 million acres are managed by the Forest Service, the 
National Park Service, the Bureau of Land Management, the Fish and 
Wildlife Service, and the Department of Defense. ``Federal Land 
Ownership: Overview and Data,'' Congressional Research Service, 
February 8, 2012. The Program Comment does not apply to any of these 
agencies or other agencies typically known as land managing agencies. 
When these land managing agencies issue special use permits, or other 
approvals, for the construction or location of telecommunications 
facilities on the lands they manage, they have to comply with Section 
106 through means other than the FCC NPAs or this Program Comment.
    2. How the Program Comment relies on FCC compliance with Section 
106 for the same projects through their Nationwide Programmatic 
Agreements, and their e-106 and Tower Construction Notification 
Systems. The Program Comment exempts the named agencies from having to 
separately comply with Section 106 regarding certain telecommunications 
facilities and collocations when the FCC has or will comply with 
Section 106 for those same facilities and collocations through its 
NPAs. The FCC conducts such Section 106 compliance following the 
processes and exemptions of those NPAs, and using its related e-106 
system and Tower Construction Notification System (TCNS) which are 
known to most practitioners. Some SHPO stakeholders wanted us to note 
that some of them do not use the FCC's e-106 system.
    3. How the Program Comment, as originally issued and as amended, 
has always required subject agencies to inform the SHPOs and THPOs or 
Indian Tribes when their undertakings are covered by this Program 
Comment. As stated in Section IV of the original Program Comment: 
``Whenever RUS, NTIA, or FEMA uses this Program Comment for such 
undertakings, RUS, NTIA or FEMA will apprise the relevant State 
Historic Preservation Officer (SHPO) or Tribal Historic Preservation 
Officer (THPO) of the use of this Program Comment for the relevant 
communications facilities construction or modification component.'' The 
amended Program Comment retains this language, with changes to simply 
note the new agencies that are now being added to the Program Comment.
    On a somewhat related note, some SHPOs raised concerns about the 
need to address the effects of the non-tower components of 
undertakings. As specified in the second paragraph of Section IV of the 
Program Comment, the RUS, NTIA, DHS, FRA, FTA, FirstNet are responsible 
for the Section 106 review of those non-tower components of their 
undertakings.
    4. The purpose, and success, of the original Program Comment in the 
context of the American Recovery and Reinvestment Act (ARRA). In 2009, 
the American Recovery and Reinvestment Act (ARRA) provided NTIA and RUS 
with $7.2 billion to expand access to broadband services in the United 
States. The purpose of the original Program Comment was to expedite 
broadband expansion by relieving these agencies from conducting 
duplicate Section 106 reviews when those agencies have Section 106 
responsibilities for a telecommunications project subject to Section 
106 review by the FCC.
    Since it went into effect, the Program Comment has met this 
purpose. The Program Comment helped RUS, NTIA, and FEMA to spend their 
ARRA funding for broadband deployment without unnecessary delays. The 
success of the Program Comment is also reflected in the agencies' 
request to expand its duration and add new agencies to it.
    Finally, the ACHP has not received complaints about the 
implementation of the Program Comment. The amendments nevertheless, 
provide for a monitoring system to better ensure the Program Comment is 
working as intended.
    5. How the FCC handles discovery situations under its Nationwide 
Programmatic Agreement. Since the Program Comment relies on FCC 
compliance with its NPAs, the discovery provisions of those NPAs are

[[Page 58746]]

the ones that will be followed for the relevant projects. The discovery 
provision of the FCC Nationwide Programmatic Agreement is found on its 
Section IX. A copy of that agreement can be found at: http://www.achp.gov/docs/PA_FCC_0804.pdf.

II. Final Text of the amended Program Comment

    The text of the amended Program Comment is included below:
    Program Comment for Streamlining Section 106 Review for Wireless 
Communications Facilities Construction and Modification Subject to 
Review Under the FCC Nationwide Programmatic Agreement and/or the 
Nationwide Programmatic Agreement for the Collocation of Wireless 
Antennas (as amended on September 24, 2015).

I. Background

    Due to their role in providing financial assistance and/or carrying 
out other responsibilities for undertakings that involve the 
construction of communications towers and collocation of communications 
equipment on existing facilities, the Rural Utilities Service (RUS), 
the National Telecommunications and Information Administration (NTIA), 
the Department of Homeland Security (DHS), the Federal Railroad 
Administration (FRA), the Federal Transit Administration (FTA), and the 
First Responder Network Authority (FirstNet) are required to comply 
with Section 106 of the National Historic Preservation Act, 54 U.S.C. 
306108, and its implementing regulations at 36 CFR part 800 (Section 
106 review) for such undertakings. Some of those communications towers 
and antennas are also federal undertakings of the Federal 
Communications Commission (FCC), and therefore undergo, or are exempted 
from, Section 106 review under the Nationwide Programmatic Agreement 
for Review of Effects on Historic Properties for Certain Undertakings 
Approved by the FCC (FCC Nationwide PA) and the Nationwide Programmatic 
Agreement for the Collocation of Wireless Antennas (FCC Collocation 
PA). The FCC Nationwide PA was executed by the FCC, the Advisory 
Council on Historic Preservation (ACHP), and the National Conference of 
State Historic Preservation Officers (NCSHPO) on October 4, 2004. The 
FCC Collocation PA was executed by the FCC, ACHP, and NCSHPO on March 
16, 2001. The undertakings addressed by the FCC Nationwide PA primarily 
include the construction and modification of communications towers. The 
undertakings addressed by the FCC Collocation PA include the 
collocation of communications equipment on existing structures and 
towers.
    This Program Comment is intended to streamline Section 106 review 
of the construction and modification of communications towers and 
antennas for which FCC and RUS, NTIA, DHS, FRA, FTA, or FirstNet share 
Section 106 responsibility. Such streamlining is consistent with the 
broad purpose of the Presidential Memorandum: Unleashing the Wireless 
Broadband Revolution dated June 28, 2010, Executive Order 13616: 
Accelerating Broadband Infrastructure Deployment, dated June 14, 2012, 
and the Presidential Memorandum: Expanding Broadband Deployment and 
Adoption by Addressing Regulatory Barriers and Encouraging Investment 
and Training, dated March 23, 2015.
    The term ``DHS,'' as used in this Program Comment, refers to all of 
that agency's operational and support components. For a list of such 
components, you may refer to: http://www.dhs.gov/components-directorates-and-offices.
    Nothing in this Program Comment alters or modifies the FCC 
Nationwide PA or the FCC Collocation PA (collectively, the FCC NPAs), 
or imposes Section 106 responsibilities on the FCC for elements of a 
RUS, NTIA, DHS, FRA, FTA, or FirstNet undertaking that are unrelated to 
a communications facility within the FCC's jurisdiction or are beyond 
the scope of the FCC NPAs.
    The Program Comment, as originally issued in October 23, 2009, only 
covered RUS, NTIA, and the Federal Emergency Management Agency (FEMA). 
Because of the successful implementation of this Program Comment, as 
originally issued, the DHS sought to expand its participation beyond 
FEMA to all of its components which provide federal assistance for the 
construction and modification of communications towers, and the 
collocation of communications equipment on existing structures and 
towers. Three additional agencies, the FRA, which supports railroading 
with funding that may be used to improve safety and rail 
infrastructure, the FTA, which provides financial assistance to 
eligible applicants to support public transportation, and FirstNet, an 
independent authority within the NTIA that was created by Congress in 
2012, also wished to become part of Program Comment in order to benefit 
from the efficiencies in the timely delivery of their respective 
programs.
    DHS, FRA and FTA provide financial assistance to applicants for 
various undertakings, including the construction of communications 
towers and collocation of communications equipment on existing 
facilities. Conversely, FirstNet is the entity responsible for ensuring 
the building, deployment, and operation of the nationwide public safety 
broadband network, which will likely include the construction of 
communications towers and the collocation of equipment on existing 
facilities. DHS, FRA, FTA and FirstNet must therefore comply with 
Section 106 for these undertakings. Some of the communications towers 
and collocated communications equipment assisted by DHS components, 
FRA, FTA and FirstNet are also the FCC's undertakings, and therefore 
undergo Section 106 review governed by the FCC NPAs.
    Accordingly, the ACHP amended this Program Comment on September 24, 
2015, to add all DHS components, FRA, FTA and FirstNet to the list of 
agencies subject to the terms of the Program Comment along with RUS, 
NTIA, and FEMA, and to extend its period of applicability, which 
originally would have ended on September 30, 2015.

II. Establishment and Authority

    This Program Comment was originally issued by the ACHP on October 
23, 2009 pursuant to 36 CFR 800.14(e), and was subsequently amended, 
effective on September 24, 2015 pursuant to its Stipulation VI.

III. Date of Effect

    This Program Comment, as originally issued, went into effect on 
October 23, 2009. It was subsequently amended to its current version on 
September 24, 2015, effective on that date.

IV. Use of This Program Comment To Comply With Section 106 for the 
Effects of Facilities Construction or Modification Reviewed Under the 
FCC Nationwide PA and/or the FCC Collocation PA

    RUS, NTIA, DHS, FRA, FTA, and FirstNet will not need to comply with 
Section 106 with regard to the effects of communications facilities 
construction or modification that has either undergone or will undergo 
Section 106 review, or is exempt from Section 106 review, by the FCC 
under the FCC Nationwide PA and/or the FCC Collocation PA. For purposes 
of this program comment, review under the FCC Nationwide PA means the 
historic preservation review that is necessary to complete the FCC's 
Section 106 responsibility for an undertaking that is subject to the 
FCC Nationwide PA.
    When an RUS, NTIA, DHS, FRA, FTA, or FirstNet undertaking includes

[[Page 58747]]

both communications facilities construction or modification components 
that are covered by the FCC Nationwide PA or Collocation PA and 
components other than such communications facilities construction or 
modification, RUS, NTIA, DHS, FRA, FTA, or FirstNet, as applicable, 
will comply with Section 106 in accordance with the process set forth 
at 36 CFR 800.3 through 800.7, or 36 CFR 800.8(c), or another 
applicable alternate procedure under 36 CFR 800.14, for the components 
other than communications facilities construction or modification. 
However, RUS, NTIA, DHS, FRA, FTA, or FirstNet will not have to 
consider the effects of the communications facilities construction or 
modification component of the undertaking on historic properties.
    Whenever RUS, NTIA, DHS, FRA, FTA, or FirstNet uses this Program 
Comment for such undertakings, RUS, NTIA, DHS, FRA, FTA, or FirstNet 
will apprise the relevant State Historic Preservation Officer (SHPO) or 
Tribal Historic Preservation Officer (THPO) of the use of this Program 
Comment for the relevant communications facilities construction or 
modification component.

V. Reporting

    No later than March 1, 2016, the FCC, RUS, NTIA, DHS, FRA, FTA, and 
FirstNet will inform the ACHP as to the reporting system that they will 
utilize to collectively provide annual reports to the ACHP. The intent 
of the annual reports will be to enable the monitoring of the use of 
the Program Comment.

VI. Amendment

    The ACHP may amend this Program Comment after consulting with FCC, 
RUS, NTIA, DHS, FRA, FTA, FirstNet, and other parties, as appropriate 
and publishing notice in the Federal Register to that effect.
    If any other Federal agency wishes to take advantage of this 
Program Comment, it may notify the ACHP to that effect. An amendment, 
as set forth above, is needed in order to add such an agency to this 
Program Comment.

VII. Sunset Clause

    This Program Comment will terminate on September 30, 2025, unless 
it is amended to extend the period in which it is in effect.
    The ACHP may extend the Program Comment for an additional five 
years beyond 2025 through an amendment per Stipulation VI of this 
Program Comment.

VIII. Termination

    The ACHP may terminate this Program Comment, pursuant to 36 CFR 
800.14(e)(6), by publication of a notice in the Federal Register thirty 
(30) days before the termination takes effect.

    Authority: 36 CFR 800.14(e).

    Dated: September 24, 2015.
Javier E. Marques,
Associate General Counsel.
[FR Doc. 2015-24713 Filed 9-29-15; 8:45 am]
 BILLING CODE 4310-K6-P



                                                  58744                           Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices

                                                  replication and dissemination of                                          numbers of participants by service                            participant, spending an estimated three
                                                  effective prevention strategies.                                          duration and the numbers of completed                         minutes per form. A typical grantee is
                                                                                                                            dosage forms were estimated based on                          expected to complete 1,316 Individual
                                                  Total Estimates of Annualized Hour
                                                                                                                            analysis of the data submitted by Cohort                      Dosage Forms per year. A group Dosage
                                                  Burden
                                                                                                                            7–10 grantees. The numbers are                                Form will be completed for each group
                                                    The following table displays estimates                                  adjusted for expected response rates,                         session held by the funded programs,
                                                  of the annualized hour burden for data                                    also estimated based on data analysis.                        and will take approximately eight
                                                  collection using the Youth and Adult                                      Program staff will complete an                                minutes to complete. A typical grantee
                                                  Questionnaires and the Individual and                                     Individual Dosage Form for each one-                          is expected to offer approximately 26
                                                  Group Dosage Forms. The expected                                          on-one service encounter with every                           group sessions per year.

                                                                                                               TABLE 1—ESTIMATES OF ANNUALIZED HOUR BURDEN
                                                                                                                                                                 Responses
                                                                                                                                               Number of                                     Total           Hours per               Total burden
                                                                        Type of respondent activity                                                                 per
                                                                                                                                              respondents                                 responses          response                   hours
                                                                                                                                                                respondent *

                                                  Youth Questionnaire/Single-day service duration ...............                                       64                       1                 64                 0.2167                   14
                                                  Youth Questionnaire/2–29-day service duration .................                                      240                       2                480                 0.4333                  208
                                                  Youth Questionnaire/30-or-more-day service duration ........                                       1,136                       2              2,158                 0.6167                1,401
                                                  Adult Questionnaire/Single-day service duration .................                                  1,040                       1              1,040                 0.2167                  225
                                                  Adult Questionnaire/2–29-day service duration ...................                                  4,314                       2              8,628                 0.3833                3,307
                                                  Adult Questionnaire/30-or-more-day service duration .........                                     19,150                       2             38,300                 0.5333               20,425
                                                  Individual Dosage Form .......................................................                       138                   1,316            181,608                 0.0500                9,080
                                                  Group Dosage Form ............................................................                       138                      26              3,588                 0.1333                  478

                                                       Total ..............................................................................         26,220     ........................       235,980     ........................         35,139



                                                    Send comments to Summer King,                                           can use the Program Comment, and                              aspects of those undertakings by taking
                                                  SAMHSA Reports Clearance Officer,                                         provide for a monitoring system.                              into account ACHP’s Program Comment
                                                  Room 2–1057, One Choke Cherry Road,                                       DATES: The amendments were adopted                            and following the steps set forth in that
                                                  Rockville, MD 20857 or email her a                                        by the ACHP on September 24, 2015.                            comment.
                                                  copy at summer.king@samhsa.hhs.gov.                                       ADDRESSES: Address all questions                              I. Background
                                                  Written comments should be received                                       concerning the Program Comment
                                                  by November 30, 2015.                                                                                                                      On October 23, 2009, the ACHP
                                                                                                                            amendments to Charlene Vaughn, Office
                                                                                                                                                                                          issued the referenced Program Comment
                                                  Summer King,                                                              of Federal Agency Programs, Advisory
                                                                                                                                                                                          to the U.S. Department of Agriculture
                                                  Statistician.                                                             Council on Historic Preservation, 401 F
                                                                                                                                                                                          Rural Utilities Service (RUS), the U.S.
                                                  [FR Doc. 2015–24811 Filed 9–29–15; 8:45 am]                               Street NW., Washington, DC 20001–
                                                                                                                                                                                          Department of Commerce National
                                                                                                                            2637. You may submit electronic
                                                  BILLING CODE 4162–20–P                                                                                                                  Telecommunications and Information
                                                                                                                            questions to: cvaughn@achp.gov.
                                                                                                                                                                                          Administration (NTIA), and the Federal
                                                                                                                            FOR FURTHER INFORMATION CONTACT:                              Emergency Management Agency
                                                                                                                            Charlene Vaughn, (202) 517–0207,                              (FEMA) to relieve them from conducting
                                                  ADVISORY COUNCIL ON HISTORIC                                              cvaughn@achp.gov.                                             duplicate reviews under Section 106
                                                  PRESERVATION                                                              SUPPLEMENTARY INFORMATION: Section                            when those agencies assist a
                                                                                                                            106 of the National Historic                                  telecommunications project subject to
                                                  Notice of Amendment to Program
                                                                                                                            Preservation Act, 54 U.S.C. 306108                            Section 106 review by the Federal
                                                  Comment to Avoid Duplicative
                                                                                                                            (Section 106), requires federal agencies                      Communications Commission (FCC).
                                                  Reviews for Wireless Communications
                                                                                                                            to consider the effects of their                              The FCC complies with its Section 106
                                                  Facilities Construction and
                                                                                                                            undertakings on historic properties and                       responsibilities through its
                                                  Modification
                                                                                                                            to provide the Advisory Council on                            Programmatic Agreement for Review of
                                                  AGENCY: Advisory Council on Historic                                      Historic Preservation (ACHP) a                                Effects on Historic Properties for Certain
                                                  Preservation.                                                             reasonable opportunity to comment                             Undertakings Approved by the FCC and
                                                  ACTION: Notice of Program Comment                                         with regard to such undertakings. The                         the Nationwide Programmatic
                                                  amendment.                                                                ACHP has issued the regulations that set                      Agreement for the Collocation of
                                                                                                                            forth the process through which Federal                       Wireless Antennas (FCC NPAs).
                                                  SUMMARY:   The Advisory Council on                                        agencies comply with these duties.                               For background on that original
                                                  Historic Preservation has amended the                                     Those regulations are codified under 36                       Program Comment, and its text before
                                                  referenced Program Comment which                                          CFR part 800 (Section 106 regulations).                       these amendments, please refer to 74 FR
                                                  avoids duplicate reviews under Section                                      Under Section 800.14(e) of those                            60280–60281 (November 20, 2009).
                                                  106 of the National Historic                                              regulations, agencies can request the                            On August 21, 2015, the ACHP
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Preservation Act regarding                                                ACHP to provide a ‘‘Program Comment’’                         received a request from RUS, NTIA, and
                                                  telecommunications projects that                                          on a particular category of undertakings                      the Federal Emergency Management
                                                  undergo Section 106 review by the                                         in lieu of conducting individual reviews                      Agency (FEMA) to amend the
                                                  Federal Communications Commission                                         of each individual undertaking under                          referenced Program Comment.
                                                  under existing Nationwide                                                 such category, as set forth in 36 CFR                            The issuance of the original Program
                                                  Programmatic Agreements. The                                              800.3 through 800.7. An agency can                            Comment was intended to assist
                                                  amendments extend the duration of the                                     meet its Section 106 responsibilities                         agencies to expeditiously allocate
                                                  Program Comment, add agencies that                                        with regard to the effects of particular                      American Recovery and Reinvestment


                                             VerDate Sep<11>2014       18:27 Sep 29, 2015          Jkt 235001       PO 00000       Frm 00043    Fmt 4703   Sfmt 4703    E:\FR\FM\30SEN1.SGM      30SEN1


                                                                          Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices                                          58745

                                                  Act (ARRA) funds, which was done                        endorsed the amendment of the Program                    3. How the Program Comment, as
                                                  successfully. While the ARRA funds                      Comment.                                              originally issued and as amended, has
                                                  have been expended, new funding has                        Comments from several stakeholders                 always required subject agencies to
                                                  been provided to agencies to expedite                   raised issues beyond the amendments                   inform the SHPOs and THPOs or Indian
                                                  the deployment of broadband. Also,                      outlined above. Since addressing those                Tribes when their undertakings are
                                                  unless amended, the Program Comment                     issues in the text of the Program                     covered by this Program Comment. As
                                                  would have expired on September 30,                     Comment itself would unnecessarily                    stated in Section IV of the original
                                                  2015.                                                   clutter it, those issues are addressed in             Program Comment: ‘‘Whenever RUS,
                                                     The extension of the duration of the                 this Federal Register preamble instead.               NTIA, or FEMA uses this Program
                                                  Program Comment is therefore                            These issues are:                                     Comment for such undertakings, RUS,
                                                  necessary to continue streamlining the                     1. How the scope of the Federal                    NTIA or FEMA will apprise the relevant
                                                  Section 106 review. In addition, several                Communications Commission (FCC)                       State Historic Preservation Officer
                                                  new agencies are now involved in these                  Nationwide Programmatic Agreements                    (SHPO) or Tribal Historic Preservation
                                                  undertakings and need to be                             does not include federal or tribal lands,             Officer (THPO) of the use of this
                                                  accommodated by the Program                             and therefore the scope of the Program                Program Comment for the relevant
                                                  Comment to avoid delays in project                      Comment is similarly limited. The FCC                 communications facilities construction
                                                  approval. One of those agencies,                        NPAs, by their own terms, do not apply                or modification component.’’ The
                                                  FirstNet may or may not provide                         on tribal lands. Since this Program                   amended Program Comment retains this
                                                  financial assistance for such towers and                Comment relies on compliance carried                  language, with changes to simply note
                                                  collocations in the future, but is the                  out by the FCC through the FCC NPAs,                  the new agencies that are now being
                                                  entity responsible for ensuring the                     the Program Comment would similarly                   added to the Program Comment.
                                                  building, deployment, and operation of                  not cover these undertakings on tribal                   On a somewhat related note, some
                                                  the nationwide public safety broadband                  lands.                                                SHPOs raised concerns about the need
                                                  network, which will likely include the                                                                        to address the effects of the non-tower
                                                                                                             Regarding the applicability of the
                                                  construction of communications towers                                                                         components of undertakings. As
                                                                                                          Program Comment on federal lands, it
                                                  and the collocation of equipment on                                                                           specified in the second paragraph of
                                                                                                          must be noted that of the roughly 635–
                                                  existing facilities.                                                                                          Section IV of the Program Comment, the
                                                                                                          640 million acres of federal lands, 628
                                                     Accordingly, the ACHP membership                                                                           RUS, NTIA, DHS, FRA, FTA, FirstNet
                                                                                                          million acres are managed by the Forest
                                                  voted in favor of amending the Program                                                                        are responsible for the Section 106
                                                                                                          Service, the National Park Service, the
                                                  Comment via an unassembled vote on                                                                            review of those non-tower components
                                                                                                          Bureau of Land Management, the Fish
                                                  September 24, 2015. The Program                                                                               of their undertakings.
                                                                                                          and Wildlife Service, and the                            4. The purpose, and success, of the
                                                  Comment has been amended to:                            Department of Defense. ‘‘Federal Land
                                                     1. Allow all components of the                                                                             original Program Comment in the
                                                                                                          Ownership: Overview and Data,’’                       context of the American Recovery and
                                                  Department of Homeland Security
                                                                                                          Congressional Research Service,                       Reinvestment Act (ARRA). In 2009, the
                                                  (DHS), the Federal Railroad
                                                                                                          February 8, 2012. The Program                         American Recovery and Reinvestment
                                                  Administration (FRA), the Federal
                                                                                                          Comment does not apply to any of these                Act (ARRA) provided NTIA and RUS
                                                  Transit Authority (FTA), and the First
                                                                                                          agencies or other agencies typically                  with $7.2 billion to expand access to
                                                  Responder Network Authority (FirstNet)
                                                                                                          known as land managing agencies.                      broadband services in the United States.
                                                  to use the Program Comment, and
                                                                                                          When these land managing agencies                     The purpose of the original Program
                                                  specify how to add new agencies to the
                                                                                                          issue special use permits, or other                   Comment was to expedite broadband
                                                  Program Comment in the future;
                                                                                                          approvals, for the construction or                    expansion by relieving these agencies
                                                     2. Insert three new paragraphs
                                                                                                          location of telecommunications                        from conducting duplicate Section 106
                                                  explaining the purpose and need of the
                                                                                                          facilities on the lands they manage, they             reviews when those agencies have
                                                  amendments listed above;
                                                     3. Extend the duration of the Program                have to comply with Section 106                       Section 106 responsibilities for a
                                                  Comment to September 30, 2025;                          through means other than the FCC NPAs                 telecommunications project subject to
                                                     4. Add a system to monitor the use of                or this Program Comment.                              Section 106 review by the FCC.
                                                  the Program Comment;                                       2. How the Program Comment relies                     Since it went into effect, the Program
                                                     5. Cite Presidential Memoranda                       on FCC compliance with Section 106 for                Comment has met this purpose. The
                                                  consistent with the streamlining intent                 the same projects through their                       Program Comment helped RUS, NTIA,
                                                  of the Program Comment; and                             Nationwide Programmatic Agreements,                   and FEMA to spend their ARRA funding
                                                     6. Add technical edits to reflect the                and their e-106 and Tower Construction                for broadband deployment without
                                                  effective date of these amendments and                  Notification Systems. The Program                     unnecessary delays. The success of the
                                                  changes to the statutory citation to                    Comment exempts the named agencies                    Program Comment is also reflected in
                                                  Section 106 of the National Historic                    from having to separately comply with                 the agencies’ request to expand its
                                                  Preservation Act.                                       Section 106 regarding certain                         duration and add new agencies to it.
                                                     RUS sought input from stakeholders                   telecommunications facilities and                        Finally, the ACHP has not received
                                                  on the proposed amendments to the                       collocations when the FCC has or will                 complaints about the implementation of
                                                  Program Comment. Thereafter, the                        comply with Section 106 for those same                the Program Comment. The
                                                  ACHP became more directly involved in                   facilities and collocations through its               amendments nevertheless, provide for a
                                                  the consultation by holding meetings,                   NPAs. The FCC conducts such Section                   monitoring system to better ensure the
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                                                  requesting and considering comments                     106 compliance following the processes                Program Comment is working as
                                                  by stakeholders, holding conference                     and exemptions of those NPAs, and                     intended.
                                                  calls with them, and making changes to                  using its related e-106 system and                       5. How the FCC handles discovery
                                                  the draft amendments accordingly.                       Tower Construction Notification System                situations under its Nationwide
                                                  Overall, the majority of State Historic                 (TCNS) which are known to most                        Programmatic Agreement. Since the
                                                  Preservation Officers (SHPOs), Tribal                   practitioners. Some SHPO stakeholders                 Program Comment relies on FCC
                                                  Historic Preservation Officers (THPOs),                 wanted us to note that some of them do                compliance with its NPAs, the
                                                  and Indian tribes that commented                        not use the FCC’s e-106 system.                       discovery provisions of those NPAs are


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                                                  58746                   Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices

                                                  the ones that will be followed for the                  Collocation PA include the collocation                construction of communications towers
                                                  relevant projects. The discovery                        of communications equipment on                        and collocation of communications
                                                  provision of the FCC Nationwide                         existing structures and towers.                       equipment on existing facilities.
                                                  Programmatic Agreement is found on its                     This Program Comment is intended to                Conversely, FirstNet is the entity
                                                  Section IX. A copy of that agreement                    streamline Section 106 review of the                  responsible for ensuring the building,
                                                  can be found at: http://www.achp.gov/                   construction and modification of                      deployment, and operation of the
                                                  docs/PA_FCC_0804.pdf.                                   communications towers and antennas                    nationwide public safety broadband
                                                                                                          for which FCC and RUS, NTIA, DHS,                     network, which will likely include the
                                                  II. Final Text of the amended Program                   FRA, FTA, or FirstNet share Section 106               construction of communications towers
                                                  Comment                                                 responsibility. Such streamlining is                  and the collocation of equipment on
                                                     The text of the amended Program                      consistent with the broad purpose of the              existing facilities. DHS, FRA, FTA and
                                                  Comment is included below:                              Presidential Memorandum: Unleashing                   FirstNet must therefore comply with
                                                     Program Comment for Streamlining                     the Wireless Broadband Revolution                     Section 106 for these undertakings.
                                                  Section 106 Review for Wireless                         dated June 28, 2010, Executive Order                  Some of the communications towers
                                                  Communications Facilities Construction                  13616: Accelerating Broadband                         and collocated communications
                                                  and Modification Subject to Review                      Infrastructure Deployment, dated June                 equipment assisted by DHS
                                                  Under the FCC Nationwide                                14, 2012, and the Presidential                        components, FRA, FTA and FirstNet are
                                                  Programmatic Agreement and/or the                       Memorandum: Expanding Broadband                       also the FCC’s undertakings, and
                                                  Nationwide Programmatic Agreement                       Deployment and Adoption by                            therefore undergo Section 106 review
                                                  for the Collocation of Wireless Antennas                Addressing Regulatory Barriers and                    governed by the FCC NPAs.
                                                  (as amended on September 24, 2015).                     Encouraging Investment and Training,                    Accordingly, the ACHP amended this
                                                  I. Background                                           dated March 23, 2015.                                 Program Comment on September 24,
                                                                                                             The term ‘‘DHS,’’ as used in this                  2015, to add all DHS components, FRA,
                                                     Due to their role in providing                       Program Comment, refers to all of that                FTA and FirstNet to the list of agencies
                                                  financial assistance and/or carrying out                agency’s operational and support                      subject to the terms of the Program
                                                  other responsibilities for undertakings                 components. For a list of such                        Comment along with RUS, NTIA, and
                                                  that involve the construction of                        components, you may refer to: http://
                                                  communications towers and collocation                                                                         FEMA, and to extend its period of
                                                                                                          www.dhs.gov/components-directorates-                  applicability, which originally would
                                                  of communications equipment on                          and-offices.
                                                  existing facilities, the Rural Utilities                                                                      have ended on September 30, 2015.
                                                                                                             Nothing in this Program Comment
                                                  Service (RUS), the National                             alters or modifies the FCC Nationwide                 II. Establishment and Authority
                                                  Telecommunications and Information                      PA or the FCC Collocation PA                             This Program Comment was originally
                                                  Administration (NTIA), the Department                   (collectively, the FCC NPAs), or imposes              issued by the ACHP on October 23, 2009
                                                  of Homeland Security (DHS), the                         Section 106 responsibilities on the FCC               pursuant to 36 CFR 800.14(e), and was
                                                  Federal Railroad Administration (FRA),                  for elements of a RUS, NTIA, DHS, FRA,                subsequently amended, effective on
                                                  the Federal Transit Administration                      FTA, or FirstNet undertaking that are                 September 24, 2015 pursuant to its
                                                  (FTA), and the First Responder Network                  unrelated to a communications facility                Stipulation VI.
                                                  Authority (FirstNet) are required to                    within the FCC’s jurisdiction or are
                                                  comply with Section 106 of the National                 beyond the scope of the FCC NPAs.                     III. Date of Effect
                                                  Historic Preservation Act, 54 U.S.C.                       The Program Comment, as originally                    This Program Comment, as originally
                                                  306108, and its implementing                            issued in October 23, 2009, only                      issued, went into effect on October 23,
                                                  regulations at 36 CFR part 800 (Section                 covered RUS, NTIA, and the Federal                    2009. It was subsequently amended to
                                                  106 review) for such undertakings.                      Emergency Management Agency                           its current version on September 24,
                                                  Some of those communications towers                     (FEMA). Because of the successful                     2015, effective on that date.
                                                  and antennas are also federal                           implementation of this Program
                                                  undertakings of the Federal                             Comment, as originally issued, the DHS                IV. Use of This Program Comment To
                                                  Communications Commission (FCC),                        sought to expand its participation                    Comply With Section 106 for the Effects
                                                  and therefore undergo, or are exempted                  beyond FEMA to all of its components                  of Facilities Construction or
                                                  from, Section 106 review under the                      which provide federal assistance for the              Modification Reviewed Under the FCC
                                                  Nationwide Programmatic Agreement                       construction and modification of                      Nationwide PA and/or the FCC
                                                  for Review of Effects on Historic                       communications towers, and the                        Collocation PA
                                                  Properties for Certain Undertakings                     collocation of communications                           RUS, NTIA, DHS, FRA, FTA, and
                                                  Approved by the FCC (FCC Nationwide                     equipment on existing structures and                  FirstNet will not need to comply with
                                                  PA) and the Nationwide Programmatic                     towers. Three additional agencies, the                Section 106 with regard to the effects of
                                                  Agreement for the Collocation of                        FRA, which supports railroading with                  communications facilities construction
                                                  Wireless Antennas (FCC Collocation                      funding that may be used to improve                   or modification that has either
                                                  PA). The FCC Nationwide PA was                          safety and rail infrastructure, the FTA,              undergone or will undergo Section 106
                                                  executed by the FCC, the Advisory                       which provides financial assistance to                review, or is exempt from Section 106
                                                  Council on Historic Preservation                        eligible applicants to support public                 review, by the FCC under the FCC
                                                  (ACHP), and the National Conference of                  transportation, and FirstNet, an                      Nationwide PA and/or the FCC
                                                  State Historic Preservation Officers                    independent authority within the NTIA                 Collocation PA. For purposes of this
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                                                  (NCSHPO) on October 4, 2004. The FCC                    that was created by Congress in 2012,                 program comment, review under the
                                                  Collocation PA was executed by the                      also wished to become part of Program                 FCC Nationwide PA means the historic
                                                  FCC, ACHP, and NCSHPO on March 16,                      Comment in order to benefit from the                  preservation review that is necessary to
                                                  2001. The undertakings addressed by                     efficiencies in the timely delivery of                complete the FCC’s Section 106
                                                  the FCC Nationwide PA primarily                         their respective programs.                            responsibility for an undertaking that is
                                                  include the construction and                               DHS, FRA and FTA provide financial                 subject to the FCC Nationwide PA.
                                                  modification of communications towers.                  assistance to applicants for various                    When an RUS, NTIA, DHS, FRA,
                                                  The undertakings addressed by the FCC                   undertakings, including the                           FTA, or FirstNet undertaking includes


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                                                                                 Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Notices                                                    58747

                                                  both communications facilities                                  If any other Federal agency wishes to               petroleum and certain petroleum
                                                  construction or modification                                  take advantage of this Program                        products for customs purposes for the
                                                  components that are covered by the FCC                        Comment, it may notify the ACHP to                    next three years as of August 27, 2014.
                                                  Nationwide PA or Collocation PA and                           that effect. An amendment, as set forth               DATES: Effective Dates: The
                                                  components other than such                                    above, is needed in order to add such an              accreditation and approval of Camin
                                                  communications facilities construction                        agency to this Program Comment.                       Cargo Control, Inc., as commercial
                                                  or modification, RUS, NTIA, DHS, FRA,                                                                               gauger and laboratory became effective
                                                                                                                VII. Sunset Clause
                                                  FTA, or FirstNet, as applicable, will                                                                               on August 27, 2014. The next triennial
                                                  comply with Section 106 in accordance                            This Program Comment will terminate                inspection date will be scheduled for
                                                  with the process set forth at 36 CFR                          on September 30, 2025, unless it is                   August 2017.
                                                  800.3 through 800.7, or 36 CFR 800.8(c),                      amended to extend the period in which
                                                                                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                  or another applicable alternate                               it is in effect.
                                                                                                                   The ACHP may extend the Program                    Approved Gauger and Accredited
                                                  procedure under 36 CFR 800.14, for the                                                                              Laboratories Manager, Laboratories and
                                                  components other than communications                          Comment for an additional five years
                                                                                                                beyond 2025 through an amendment per                  Scientific Services Directorate, U.S.
                                                  facilities construction or modification.                                                                            Customs and Border Protection, 1300
                                                  However, RUS, NTIA, DHS, FRA, FTA,                            Stipulation VI of this Program
                                                                                                                Comment.                                              Pennsylvania Avenue NW., Suite
                                                  or FirstNet will not have to consider the                                                                           1500N, Washington, DC 20229, tel. 202–
                                                  effects of the communications facilities                      VIII. Termination                                     344–1060.
                                                  construction or modification component
                                                  of the undertaking on historic                                  The ACHP may terminate this                         SUPPLEMENTARY INFORMATION: Notice is
                                                  properties.                                                   Program Comment, pursuant to 36 CFR                   hereby given pursuant to 19 CFR 151.12
                                                     Whenever RUS, NTIA, DHS, FRA,                              800.14(e)(6), by publication of a notice              and 19 CFR 151.13, that Camin Cargo
                                                  FTA, or FirstNet uses this Program                            in the Federal Register thirty (30) days              Control, Inc., 230 Marion Ave., Linden,
                                                  Comment for such undertakings, RUS,                           before the termination takes effect.                  NJ 07036, has been approved to gauge
                                                  NTIA, DHS, FRA, FTA, or FirstNet will                           Authority: 36 CFR 800.14(e).                        and accredited to test petroleum and
                                                  apprise the relevant State Historic                                                                                 certain petroleum products for customs
                                                                                                                  Dated: September 24, 2015.
                                                  Preservation Officer (SHPO) or Tribal                                                                               purposes, in accordance with the
                                                                                                                Javier E. Marques,                                    provisions of 19 CFR 151.12 and 19 CFR
                                                  Historic Preservation Officer (THPO) of
                                                                                                                Associate General Counsel.                            151.13. Camin Cargo Control, Inc., is
                                                  the use of this Program Comment for the
                                                  relevant communications facilities                            [FR Doc. 2015–24713 Filed 9–29–15; 8:45 am]           approved for the following gauging
                                                  construction or modification                                  BILLING CODE 4310–K6–P                                procedures for petroleum and certain
                                                  component.                                                                                                          petroleum products set forth by the
                                                                                                                                                                      American Petroleum Institute (API):
                                                  V. Reporting                                                  DEPARTMENT OF HOMELAND
                                                    No later than March 1, 2016, the FCC,                       SECURITY                                                    API                           Title
                                                                                                                                                                          chapters
                                                  RUS, NTIA, DHS, FRA, FTA, and
                                                  FirstNet will inform the ACHP as to the                       U.S. Customs and Border Protection
                                                                                                                                                                      3 ...................   Tank gauging.
                                                  reporting system that they will utilize to                                                                          7 ...................   Temperature Determination.
                                                                                                                Accreditation and Approval of Camin
                                                  collectively provide annual reports to                                                                              8 ...................   Sampling.
                                                                                                                Cargo Control, Inc., as a Commercial
                                                  the ACHP. The intent of the annual                                                                                  12 .................    Calculations.
                                                                                                                Gauger and Laboratory                                 17 .................    Maritime Measurements.
                                                  reports will be to enable the monitoring
                                                  of the use of the Program Comment.                            AGENCY:  U.S. Customs and Border
                                                                                                                Protection, Department of Homeland                      Camin Cargo Control, Inc., is
                                                  VI. Amendment                                                                                                       accredited for the following laboratory
                                                                                                                Security.
                                                    The ACHP may amend this Program                             ACTION: Notice.                                       analysis procedures and methods for
                                                  Comment after consulting with FCC,                                                                                  petroleum and certain petroleum
                                                  RUS, NTIA, DHS, FRA, FTA, FirstNet,                           SUMMARY:  Notice is hereby given,                     products set forth by the U.S. Customs
                                                  and other parties, as appropriate and                         pursuant to CBP regulations, that Camin               and Border Protection Laboratory
                                                  publishing notice in the Federal                              Cargo Control, Inc., has been approved                Methods (CBPL) and American Society
                                                  Register to that effect.                                      to gauge and accredited to test                       for Testing and Materials (ASTM):



                                                       CBPL No.                     ASTM                                                                      Title

                                                  27–01 .................       ASTM D–287          Standard Test Method for API Gravity of Crude Petroleum Products and Petroleum Products (Hydrometer
                                                                                                      Method).
                                                  27–03     .................   ASTM   D–4006       Standard Test Method for Water in Crude Oil by Distillation.
                                                  27–04     .................   ASTM   D–95         Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation.
                                                  27–06     .................   ASTM   D–473        Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method.
                                                  27–08     .................   ASTM   D–86         Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure.
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                                                  27–13     .................   ASTM   D–4294       Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-Ray Fluo-
                                                                                                      rescence Spectrometry.
                                                  27–48 .................       ASTM D–4052         Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter.
                                                  27–58 .................       ASTM D–5191         Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure.
                                                  N/A .....................     ASTM D1319          Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Ad-
                                                                                                      sorption.
                                                  N/A .....................     ASTM D–3606         Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gaso-
                                                                                                      line by Gas Chromatography.



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Document Created: 2015-12-15 09:32:05
Document Modified: 2015-12-15 09:32:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Program Comment amendment.
DatesThe amendments were adopted by the ACHP on September 24, 2015.
ContactCharlene Vaughn, (202) 517-0207, [email protected]
FR Citation80 FR 58744 

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