[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Pages 53198-53199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26437]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 66, No. 203 / Friday, October 19, 2001 / 
Notices  

[[Page 53198]]



ADVISORY COUNCIL ON HISTORIC PRESERVATION


Draft Program Comment Regarding Historic Preservation Review 
Process for Projects Involving Historic Natural Gas Pipelines

AGENCY: Advisory Council on Historic Preservation.

ACTION: Notice of Intent to issue program comments on Historic Natural 
Gas Pipelines.

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SUMMARY: The Advisory Council on Historic Preservation proposes a 
Program Comment to streamline the historic preservation review process 
for projects involving historic natural gas pipelines.

DATES: Submit comments on or before November 9, 2001.

ADDRESSES: Address all comments concerning this proposed program 
comment to Don Klima, Director, Office of Planning and Review, Advisory 
Council on Historic Preservation, 1100 Pennsylvania Avenue, NW., Suite 
809, Washington, DC 20004. Fax (202) 606-8672. You may submit 
electronic comments to: [email protected].

FOR FURTHER INFORMATION CONTACT: Don Klima, 202-606-8505.

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 (``Council'') a reasonable opportunity 
to comment with regard to such undertakings. The Council 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'').
    The Council can streamline the regular Section 106 review process 
through program comments. 36 CFR 800.14(e). Instead of going through 
each of the steps detailed in subpart B of the Section 106 regulations, 
an agency can meet its Section 106 responsibilities for a specific 
program by taking into account the Council's program comments and 
following the steps set forth in those comments.
    The Council is now proposing a program comment to help the Federal 
Energy Regulatory Commission (``Commission'') meet its Section 106 
responsibilities regarding natural gas pipelines. Specifically, the 
program comment deals with authorizations to construct, operate, and 
abandon natural gas pipelines and related pipeline facilities under 
Section 7 of the Natural Gas Act, 5 U.S.C. 717f, including the blanket 
authorizations under 18 CFR parts 157 and 284 of the Commission's 
regulations. The Commission's part 157, subpart F blanket authorization 
program applies to specified projects below a set cost level. Projects 
above that cost are processed pursuant to part 157, subpart A. Part 284 
applies to activities conducted pursuant to section 311 of the Natural 
Gas Policy Act.
    Consistent with Section 106, it is the Commission's responsibility 
to take into account the effect that issuing such authorizations has on 
historic properties. Due to the planning process for some pipeline 
projects, such as construction, many historic properties that might be 
affected by the construction can be avoided during right-of-way 
selection or during the construction process itself. However, in some 
pipeline projects, the historic properties simply cannot be avoided. 
Such is the case regarding existing natural gas pipelines and related 
pipeline facilities that are listed, or eligible for listing, in the 
National Register of Historic Places (``historic natural gas 
pipelines''). Natural gas pipelines and related pipeline facilities may 
be historic due to such things as their particular design and 
engineering features, or their association with important national or 
regional historic events and well-known persons. It is the Council's 
belief that the historic significance of historic natural gas pipelines 
is appropriately preserved through recordation of their historic 
attributes. This may include preservation of original construction 
drawings and documents, photographic recordation of current conditions, 
assembly and archiving of historical documentation, and retention and 
curation of artifacts from or associated with the historic pipeline.
    Although most historic natural gas pipelines could be treated 
fairly expeditiously during compliance with Section 106, under 
Commission regulations the occurrence of an effect on a historic 
natural gas pipeline as a practical matter disqualifies the pipeline 
company from completing the project under a blanket certificate. 18 CFR 
part 157, subpart F, Appendix II, and 18 CFR part 284. This creates 
delays since, absent the ability to proceed under a blanket 
certificate, a fuller environmental review must be conducted and 
completed by the Commission, which may take substantially more time and 
resources. The potential for delay can impede necessary maintenance, 
repair and replacement actions that are essential to protect public 
health, ensure pipeline safety and provide essential energy resources. 
Absent an effect finding, pipeline companies can proceed under a 
blanket certificate for many types of projects, substantially 
simplifying the approval process, reducing required documentation, and 
expediting the necessary work undertaken by the pipeline company. These 
program comments give certificate holders the ability to stay within 
their blanket certificate, so long as the relevant historic natural gas 
pipeline is appropriately documented.
    For applicants who are unable to proceed under a blanket 
certificate, but who appropriately document the relevant historic 
natural gas pipeline, these program comments provide a more efficient 
and predictable process that also results in an acceptable preservation 
outcome.
    This streamlining initiative is consistent with the 
Administration's National Energy Policy (Report of the National Energy 
Policy Group, May 2001), and Executive order 13212 (May 18, 2001), 
which requires agencies to ``expedite their review of permits or take 
other actions as necessary to accelerate the completion of (projects 
that will increase the production, transmission, or conservation of 
energy), while maintaining safety, public health, and environmental 
protections.''
    Once issued, these program comments will remain in effect unless 
the Council

[[Page 53199]]

determines that the consideration of effects to historic natural gas 
pipelines is not being carried out in a manner consistent with these 
program comments and withdraws the comments. 36 CFR 800.14(e)(6).
    These program comments will not apply to tribal land without the 
consent of the relevant tribe. The Council believes that these program 
comments have no consequences for historic properties of religious and 
cultural significance, regardless of location, to any Indian tribe or 
Native Hawaiian organization since they are limited to effects on only 
one type of historic property (i.e., historic natural gas pipelines). 
The Council is not aware of any historic natural gas pipelines that are 
of such significance to tribes or Native Hawaiian organizations.
    The Council is seeking comments regarding the proposed program 
comments. Such comments must be received by the deadline set forth 
above in order to be considered by the Council.
    The full text of the proposed program comment is reproduced below.

Program Comment for Historic Natural Gas Pipelines

I. Introduction

    These program comments provide the Federal Energy Regulatory 
Commission (``Commission'') with an alternate way to comply with its 
responsibilities under Section 106 of the National Historic 
Preservation Act (``Section 106''), with regard to effects on natural 
gas pipelines and related pipeline facilities (``pipelines'') when 
authorizing projects under Section 7 of the Natural Gas Act by either 
(a) applicants pursuant to 18 CFR part 157, subpart A, or (b) 
certificate holders pursuant to 18 CFR part 157, subpart F and 18 CFR 
part 284 of the Commission's regulations (``pipeline projects'').

II. Effects on Historic Natural Gas Pipelines

a. Evaluation
    For pipeline projects affecting pipelines 50 years old or older not 
previously evaluated for eligibility for listing in the National 
Register of Historic Places (``National Register''), the applicant/
certificate holder will consult with the appropriate State Historic 
Preservation Officer (``SHPO'') to apply the National Register Criteria 
to the pipeline.
    (1) If the applicant/certificate holder and SHPO agree that the 
pipeline is not eligible for listing in the National Register, then the 
pipeline will not be treated as a historic property for Section 106 
purposes.
    (2) If the applicant/certificate holder and SHPO agree that the 
pipeline is eligible for listing in the National Register, proceed to 
subparagraph (b), below.
    (3) If the applicant/certificate holder and the SHPO cannot agree 
on the eligibility of the pipeline, these program comments will not be 
applicable to the pipeline project.
b. Treatment
    (1) For pipelines already listed or determined to be eligible for 
listing in the National Register and for those determined to be 
eligible for National Register listing pursuant to subparagraph (a)(2) 
(``historic pipelines''), the applicant/certificate holder will consult 
with the appropriate SHPO to determine the appropriate level and type 
of documentation. In determining what is appropriate, the applicant/
certificate holder and the SHPO should consider the likelihood and 
magnitude of future impacts.
    (2) If the applicant/certificate holder and SHPO agree regarding 
documentation, the applicant/certificate holder will document the 
historic pipeline, or relevant portion thereof, and contributing 
features as follows:
    (i) Documentation will be carried out in accordance with the 
Secretary of the Interior's Guidelines for Architectural and 
Engineering Documentation to meet, at a minimum, the Documentation 
Level IV Standard.
    (ii) The documentation will be placed in an appropriate depository 
as recommended by the SHPO.
    (iii) Once the applicant/certificate holder and the SHPO have 
agreed regarding this documentation and deposit, the project cannot be 
found to have an effect (as defined under 36 CFR part 800) upon the 
characteristics that make the pipeline eligible for National Register 
listing, and the requirements of Section 106 with regard to the 
historic pipeline will be deemed to have been met. Documentation and 
deposit need not be completed for this provision to apply, except to 
the extent that modification of the historic pipeline would preclude 
the subsequent completion of the agreed-upon documentation and deposit.
    (iv) For those pipeline projects carried out by an applicant under 
18 CFR part 157, subpart A, the applicant will also submit to the 
Commission the information necessary to comply with 18 CFR 380.12 (f).
    (3) If the applicant/certificate holder and the SHPO cannot agree 
on the level and type of documentation and/or the depository, then 
these Program Comments will not be applicable.

III. Effects on Other Historic Properties

    These program Comments address only pipeline project effects to 
historic pipelines. These program comments do not apply to potential 
effects to other properties listed in, or eligible for inclusion in, 
the National Register.

IV. Applicability

    These Program Comments are not applicable on tribal lands, as 
defined under 36 CFR 800.16(x) (``all lands within the exterior 
boundaries of any Indian reservation and all dependent Indian 
communities''), unless the relevant tribe consents. Federal agencies 
other than the Commission may use these program comments for pipeline 
projects that take place on federally administered lands under their 
jurisdiction.

    Authority: 36 CFR 800.14(e)

    Dated: October 16, 2001.
Ronald D. Anzalone,
Acting Executive Director.
[FR Doc. 01-26437 Filed 10-18-01; 8:45 am]
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