[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Notices]
[Pages 54356-54359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21885]


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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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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / 
Notices  

[[Page 54356]]



ADVISORY COUNCIL ON HISTORIC PRESERVATION


Draft Program Comment for Department of Defense Rehabilitation 
Treatment Measures

AGENCY: Advisory Council on Historic Preservation.

ACTION: Notice of intent to issue program comments for Department of 
Defense Rehabilitation Treatment Measures.

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SUMMARY: The Advisory Council on Historic Preservation is considering 
issuing a Program Comment for the Department of Defense setting forth 
how it will comply with Section 106 of the National Historic 
Preservation Act when rehabilitating exterior building elements that 
are character-defining features of historic properties. The Advisory 
Council on Historic Preservation seeks public input on the proposed 
Program Comment.

DATES: Submit comments on or before October 20, 2008.

ADDRESSES: Address all comments concerning this proposed Program 
Comment to Hector Abreu Cintron, Office of Federal Agency Programs, 
Advisory Council on Historic Preservation, 1100 Pennsylvania Avenue, 
NW., Suite 803, Washington, DC 20004. Fax (202) 606-8647. You may 
submit electronic comments to: [email protected].

FOR FURTHER INFORMATION CONTACT: Hector Abreu Cintron, (202) 606-8517, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 106 of the National Historic 
Preservation Act requires Federal agencies to consider the effects of 
their undertakings on historic properties and provide the Advisory 
Council on Historic Preservation (``ACHP'') a reasonable opportunity to 
comment with regard to such undertakings. The ACHP has issued the 
regulations that set forth the process through which Federal agencies 
comply with these duties. Those regulations are codified under 36 CFR 
part 800 (``Section 106 regulations'').
    Under Section 800.14(e) of those regulations, agencies can request 
the ACHP to provide a ``Program Comment'' on a particular category of 
undertakings in lieu of conducting individual reviews of each 
individual undertaking under such category, as set forth in 36 CFR 
800.4 through 800.7. An agency can meet its Section 106 
responsibilities with regard to the effects of particular aspects of 
those undertakings by taking into account ACHP's Program Comment and by 
following the steps set forth in that comment.
    The ACHP is now considering issuing a Program Comment to the 
Department of Defense (DoD), covering rehabilitation treatment measures 
for: (1) The removal of mortar joints and repointing; (2) preparation 
of lime and cement-amended mortars; (3) preparation of lime- or 
Portland-based stucco; (4) identifying masonry types and failures; and 
(5) repair and replacement of historic stucco. The Program Comment 
would include a process for adding new rehabilitation treatment 
measures, updating existing ones, and removing those that may not be 
working as intended.
    The text of the draft Program Comment, minus its appendices, can be 
found at the end of this notice. The appendices comprise the technical 
substance of each of the original five rehabilitation treatment 
measures and their two implementation guidance documents. Due to their 
volume, they will not be copied into this notice. However, they can be 
accessed in their entirety on the Internet at: http://www.achp.gov/masonryst.html. Those without access to the Internet can contact Hector 
Abreu Cintron at 202-606-8517, or by e-mail at [email protected], to 
arrange an alternate method of access to the appendices.

I. Background on Previous Proposal for a ``Standard Treatment''

    Originally, the ACHP and DoD had proposed handling these 
rehabilitation treatment measures as part of a ``Standard Treatment'' 
applicable to all Federal agencies. The ACHP sought public comment on 
that proposal on June 12, 2008 (73 FR 33387-33389). However, after 
considering the resulting public comments, the ACHP met with DoD and 
recommended that the rehabilitation treatment measures be handled as a 
``Program Comment'' applicable only to DoD.
    In general terms, a ``standard treatment'' is an ACHP approved 
method that, if used, assists Federal agencies in satisfying their 
responsibilities under the regular Section 106 process. However, 
standard treatments do not redefine the regular Section 106 process. An 
agency must still go through all the regular steps of the Section 106 
process before using a standard treatment. So, for example, a Federal 
agency still has to consult with various parties in identifying the 
area of potential effects and historic properties within it, and 
determining whether such historic properties may be affected, before 
using a standard treatment to either facilitate the determination of 
adverse effects or facilitate negotiation of an agreement to resolve 
the adverse effects under the regular process.
    While standard treatments have great value in facilitating the 
regular Section 106 process, the ACHP came to the conclusion that a 
more streamlined approach was warranted for handling the rehabilitation 
treatment measures at issue, particularly considering that they are 
drafted so as to meet the Secretary of the Interior's Standards for 
Rehabilitation (Secretary's Standards), 36 CFR part 67. A ``Program 
Comment'' provides such a streamlined approach. Rather than having DoD 
go through the entire, regular Section 106 process for rehabilitation 
activities that will meet the Secretary's Standards, the Program 
Comment redefines that regular process so that DoD can comply with 
Section 106 for its rehabilitation activities by simply following the 
rehabilitation treatment measures appended to the Program Comment and 
keeping a record of its actions.
    The public comments received on the originally proposed standard 
treatment also made it clear that it would be preferable to limit the 
number of the initial rehabilitation treatment measures to the five 
indicated above. Under the original draft standard treatment, eighteen 
rehabilitation treatment measures had been proposed. They included 
measures regarding historic mortar, historic stucco, historic brick, 
terra cotta and ceramics, historic adobe

[[Page 54357]]

masonry units, stone, masonry restoration, identification of masonry 
types and failure, and masonry cleaning. The public comments indicated 
the need to engage in fairly involved technical edits and to more 
closely examine various issues with several of the rehabilitation 
treatment measures. So, a decision was made to limit the number of 
initial rehabilitation treatment measures to a more manageable group 
and work to improve those.
    The public comments, and further internal discussion, also 
highlighted concerns about standard treatments that would be open to 
use by all Federal agencies, when some of those agencies may have 
neither the expertise nor the supervisory capacity to ensure the 
rehabilitation treatment measures are carried out correctly and 
consistently. Accordingly, the ACHP has decided to change the draft so 
that it: (a) Only applies to DoD; (b) includes a recordkeeping 
mechanism that will help keep track on how the rehabilitation treatment 
measures are being carried out; (c) specifically allows for updating 
existing rehabilitation treatment measures and removing those that are 
not working as intended; and (d) provides for annual meetings to 
maintain oversight regarding how the Program Comment is working.

II. Background on the Proposed Program Comment

    As indicated above, the ACHP and DoD collaborated to develop 
various rehabilitation treatment measures to address rehabilitation of 
exterior building elements that are character defining features of 
historic properties.
    The goal is to encourage use of the Secretary's Standards through 
the use of rehabilitation treatment measures that detail construction 
specifications for routine repair and maintenance undertakings that are 
consistent with those Secretary's Standards, and therefore expected to 
have no adverse effects on historic properties.
    Those rehabilitation treatment measures are designed to codify the 
numerous ``industry standard'' practices associated with routine repair 
and maintenance of historic properties. The appendices to the Program 
Comment currently under consideration include the two implementation 
guidance documents (numbered 01060.01 and 01091.01) and the following 
five treatments measures:

04100 Historic Mortar

    (1) 04100.01 Removal of Mortar Joints and Repointing
    (2) 04100.02 Preparation of Lime and Cement Amended Mortars

04110 Historic Stucco

    (3) 04110.01 Preparation of Lime or Portland Based Stucco
    (4) 04110.02 Repair and Replacement of Historic Stucco

04400 Stone

    (5) 04400.01 Identifying Masonry Types and Failures
    DoD has consulted with the ACHP, the National Park Service (NPS), 
the National Conference of State Historic Preservation Officers, the 
National Trust for Historic Preservation and the DoD Historic 
Preservation Working group. The NPS has been a vital partner in 
reviewing the draft standard treatments to verify that they are 
consistent with the Secretary's Standards.
    After considering the public comments resulting from the June 12, 
2008 Federal Register notice (when the rehabilitation treatment 
measures were presented as part of a ``standard treatment''), DoD and 
the ACHP initiated talks with some of those who provided those 
comments, and particularly with representatives of the American 
Institute of Architects, and the American Institute for the 
Conservation of Historic and Artistic Works.
    As a result of those talks, DoD and the ACHP will be revising the 
mentioned five rehabilitation treatment measures. The original 
treatment measures were developed for use on historic properties and 
provided an overview of accepted conservation practices. However, upon 
further revision it became apparent that their original scope was 
method based. Most complex conservation application should be subjected 
to a thorough understanding of the historic resource, its problems, and 
the work to be accomplished. Many of these applications are extremely 
complex and require a thorough diagnostic process prior to the 
execution of any specification.
    Therefore, during the present public comment period, the ACHP, DoD, 
and the NPS will work on modifying the specifications. The new program 
comment specifications will emphasize industry acceptable conservation 
performance practices that require minimal pretesting and support 
cyclical maintenance schedules. Specification will emphasize the 
gentlest methods possible with materials and techniques whose 
application will support the stewardship responsibilities of DoD with 
their historic resources. The current set of proposed specifications 
will require a minimum of diagnostic pretesting due to their common 
applicability by the industry and extensive prior vetting of their 
technical validity by conservation experts. These common maintenance 
specifications are currently being discussed with key experts in the 
conservation field as well as with the National Park Service to ensure 
their consistency with the Secretary's Standards when applied under the 
conditions set out in the Program Comment.
    They will also further clarify the role of conservators and 
architects (professionally qualified) versus the role of the 
contractor. The conservator/architect would always be responsible for 
diagnostic surveys and materials testing, in addition to approval of 
mock-ups (as is already documented).
    Please understand that these modifications are not yet reflected in 
the rehabilitation treatment measures that you will find at http://www.achp.gov/masonryst.html. The modifications are outlined here so the 
public interested in commenting is aware of them and may be able to 
comment on the direction the ACHP plans to take.

III. Expected Benefits

    This Program Comment was conceived to promote best preservation 
practices within the military.
    As explained above, the Program Comment and its rehabilitation 
treatment measures were conceived as a way to assist DoD in 
rehabilitating its large inventory of historic properties without 
getting bogged down in an unnecessarily long Section 106 process, 
particularly since use of the rehabilitation treatment measures (which 
are consistent with the Secretary's Standards) would not result in 
adverse effects.
    Once the public comments resulting from this notice are considered, 
and edits are incorporated as deemed appropriate, the ACHP will decide 
whether to issue the Program Comment. The ACHP expects to make that 
decision at its upcoming quarterly meeting scheduled on November 14, 
2008 in Washington, DC.

IV. Text of the Proposed Program Comment

    As stated above, the appendices to the proposed Program Comment 
comprise the substantive rehabilitation treatment measures and the two 
implementation guidance documents. Due to their volume, they will not 
be copied into this notice. However, they can be accessed on the 
Internet at http://www.achp.gov/masonryst.html. Again, various 
modifications to those rehabilitation treatment measures, while

[[Page 54358]]

outlined above to help the public understand the direction being 
considered, will not be reflected on the versions at the cited Web 
address. The ACHP, DoD, NPS and others will be working to incorporate 
such modifications during the public comment period.
    Those without access to the Internet can contact Hector Abreu 
Cintron at 202-606-8517, or by e-mail at [email protected] to arrange an 
alternate method of access to the documents.
    The following is the text of the Program Comment, minus the 
appendices:

Program Comment for Department of Defense Rehabilitation Treatment 
Measures

    I. Establishment and Authority: This Program Comment was issued by 
the Advisory Council on Historic Preservation (ACHP) on (date of 
establishment) pursuant to 36 CFR 800.14(e).
    It provides the Department of Defense (DoD) with an alternative way 
to comply with its responsibilities under Section 106 of the National 
Historic Preservation Act, 16 U.S.C. 470f, and its implementing 
regulations, 36 CFR part 800 (Section 106), with regard to the effects 
of rehabilitation treatment measures appended to this Program Comment.
    The intent of this Program Comment is to reduce compliance 
timeframes for routine repair and maintenance undertakings involving 
historic properties where DoD chooses to repair and maintain those 
resources in accordance with the Secretary of the Interior's Standards 
for Rehabilitation, 36 CFR part 67 (Secretary's Standards for 
Rehabilitation).
    II. Applicability to Department of Defense: Only DoD may use this 
Program Comment.
    III. Date of Effect: This Program Comment will go into effect on 
(date of establishment).
    IV. Use of Rehabilitation Treatment Measures To Comply With Section 
106 Regarding Their Effects:
    (1) DoD may comply with Section 106 regarding the effects of 
rehabilitation treatment measures on historic properties, and those 
properties whose eligibility has not yet been determined, by:
    (i) Conducting such work as provided by the relevant rehabilitation 
treatment measure(s) appended to this document, in conformance with the 
implementation guidance documents numbered 01060.01 and 01091.01 in 
those appendices;
    (ii) Ensuring that all work described in the rehabilitation 
treatment measures is conducted under the supervision and approval of a 
cultural resources professional who meets the relevant standards 
outlined in the Secretary of the Interior's Professional Qualification 
Standards, pursuant to 36 CFR part 61 (Secretary's Standards on 
Professional Qualification); and
    (iii) Keeping a record, at the relevant DoD installation, detailing 
each use of a rehabilitation treatment measure under this Program 
Comment for no less than five years from the final date of the 
implementation of the rehabilitation treatment measure. Each record 
must include the following information:
    (a) A description of the implementation of the rehabilitation 
treatment measure (including the specific location of the treatment);
    (b) the date(s) when the rehabilitation treatment measure was 
implemented;
    (c) the name(s) of the personnel that carried out and/or supervised 
the use of the rehabilitation treatment measure;
    (d) a summary of the treatment implementation, indicating how the 
rehabilitation treatment measure was carried out, any problems that 
arose, and the final outcome; and
    (e) a summary of any refinements to the rehabilitation treatment 
measures that the installation and relevant State Historic Preservation 
Officer (SHPO) have agreed upon per Stipulation IV(4), below. DoD must 
provide copies of these records, within a reasonable timeframe, when 
requested by the ACHP or the relevant SHPO.
    (2) Before it begins using this Program Comment, a DoD installation 
must provide written notification to the relevant SHPO stating that it 
intends to begin using it and specifying which rehabilitation treatment 
measures it deems appropriate for use with regard to the historic 
properties at the installation. The installation may begin using this 
Program Comment 30 days after such notification.
    (3) A DoD installation must also provide written notification to 
the relevant SHPO when it intends to begin using a rehabilitation 
treatment measure that has been added to this Program Comment per 
Stipulation VI. The installation may begin using such an added 
rehabilitation treatment measure 30 days after such notification.
    (4) If, in the opinion of a DoD personnel or DoD contractor meeting 
the Secretary's Standards on Professional Qualification, quantifiable 
scientific or qualitative historic data indicates that a rehabilitation 
treatment measure covered by this Program Comment should be refined to 
accommodate a specific material or rehabilitation technique that is 
more suitable for the relevant historic properties at the installation 
and/or that more specifically meets the intent of the Secretary's 
Standards for Rehabilitation, the installation shall notify the 
relevant SHPO of that proposed refinement. (An example of a refinement 
would be the selection of a mortar joint profile appropriate for the 
historic property under consideration.) If, within 30 days of receiving 
that notification, the relevant SHPO disputes whether the proposed 
refinement to the rehabilitation treatment measure meets the 
Secretary's Standards for Rehabilitation, the installation and the 
relevant SHPO shall consult to attempt to resolve that dispute. If the 
relevant SHPO and the installation agree to a proposed refinement, or 
the relevant SHPO fails to dispute it within the 30-day period, the 
installation may proceed in accordance with the proposed refinement. 
Consultation about, and agreement or disagreement regarding, proposed 
refinements does not affect the ability of an installation to continue 
using this Program Comment and any of its existing rehabilitation 
treatment measures.
    V. Program Comment Does Not Cover Aspects of Undertakings Beyond 
the Specific Rehabilitation Treatment Measures: While DoD may comply 
with Section 106 regarding the effects of rehabilitation treatment 
measures on historic properties in accordance with this Program 
Comment, the effects of those aspects of its undertakings that are not 
specifically covered by the appended rehabilitation treatment measures 
must still undergo Section 106 review in accordance with the process 
found at 36 CFR 800.3 through 800.7, or applicable alternatives under 
36 CFR 800.14 other than this Program Comment. For example, a DoD 
undertaking that includes the treatment of the exterior masonry of a 
historic building (in accordance with a rehabilitation treatment 
measure of this Program Comment) and the demolition of its interior 
walls, will still have to undergo Section 106 review outside this 
Program Comment for those aspects of the undertaking involving the 
demolition of the interior walls.
    VI. Process for Adding or Updating Rehabilitation Treatment 
Measures: While this Program Comment, as originally adopted, was 
limited to five rehabilitation treatment measures, the ACHP expects 
more rehabilitation treatment measures to be added to it. The ACHP also 
expects that rehabilitation treatment measures included in the Program 
Comment may

[[Page 54359]]

eventually need updating. Accordingly, rehabilitation treatment 
measures may be added to this Program Comment, or updated, as follows:
    (1) DoD will notify the ACHP, the National Conference of State 
Historic Preservation Officers (NCHSPO), and DOI (collectively, 
parties) that it wants to add a rehabilitation treatment measure to the 
Program Comment, or to update a rehabilitation treatment measure that 
is already a part of the Program Comment. Such a notification will 
include a draft of the proposal.
    (2) The parties will provide a copy of the draft to the National 
Trust for Historic Preservation, the American Institute of Architects, 
the American Institute for the Conservation of Historic and Artistic 
Works, and the Association for Preservation Technology, and consult 
with them before finalizing the proposal. The parties may invite other 
entities, including members of professional associations with expertise 
on the particular subject matter of the proposed rehabilitation 
treatment measure or update, to the consultation.
    (3) After such consultation, DoD will submit the finalized version 
to DOI with a request for confirmation from DOI that the proposed 
rehabilitation treatment measure or update meets the criteria set forth 
in the Secretary's Standards for Rehabilitation. DOI will have 45 days 
to provide a written response to DoD. Should DOI determine that the 
proposed rehabilitation treatment measure or update does not meet the 
Secretary's Standards for Rehabilitation, DoD may consult with those 
listed on sub stipulations (1) and (2), above, and revise the proposal 
for reconsideration by DOT.
    (4) After DOI confirmation that the proposal meets the Secretary's 
Standards for Rehabilitation, or after the allotted 45 days pass 
without a DOI response (at which point, DOI confirmation will be 
assumed), DoD may submit the finalized version to the ACHP Executive 
Director. If the ACHP Executive Director approves it, the ACHP will 
publish a notice of availability of the approved addition or update in 
the Federal Register. The addition or update will go into effect upon 
such publication.
    VII. Process for Removing Rehabilitation Treatment Measures: The 
ACHP may remove a rehabilitation treatment measure from the Program 
Comment by publishing a Federal Register notice to that effect. The 
Program Comment will continue to operate with the other rehabilitation 
treatment measures that have not been removed.
    VIII. Latest Version of the Program Comment: DoD and/or the ACHP 
will include the most current version of the Program Comment (with the 
latest amendments and updates) in a publicly accessible Web site. The 
latest Web address for that site will be included in each of the 
Federal Register notices for amending, removing or updating 
rehabilitation treatment measures in the Program Comment. This document 
and its appended rehabilitation measures will initially be available at 
https://www.denix.osd.mil/ProgramAlternatives.
    IX. Annual Reports and Meetings: The parties shall meet once a 
year, in November, to discuss the implementation of the Program Comment 
and to consider whether rehabilitation treatment measures that have not 
been updated in five years should be updated in accordance with 
Stipulation VI. At least 60 days prior to such meetings, the parties 
may request of DoD more information on any issues at specific military 
installations. DoD will collect information from these military 
installations on their experience, for the previous twelve months, on 
how often and where the Program Comment has been utilized, examples of 
successful implementation, and examples of failures or problems with 
implementation.
    X. Amendment: The ACHP may amend this Program Comment (other than 
the appended rehabilitation treatment measures themselves, which are 
amended according to Stipulations VI and VII, above) after consulting 
with the parties and publishing a Federal Register notice to that 
effect.
    XI. Termination: The ACHP may terminate this Program Comment by 
publication of a notice in the Federal Register 30 days before the 
termination takes effect.
    XII. Sunset Clause: This Program Comment will terminate on its own 
accord on November 1, 2018, unless it is amended before that date to 
extend that period.
    XIII. Historic Properties in Tribal Lands and Historic Properties 
of Significance to Indian Tribes and Native Hawaiian Organizations: 
This Program Comment does not apply in connection with effects to 
historic properties that are located on tribal lands and/or that are of 
religious and cultural significance to Indian tribes or Native Hawaiian 
organizations.
    XIV. Definitions: The definitions found at 36 CFR part 800 apply to 
the terms used in this Program Comment.
    XV. Rehabilitation Treatment Measure Appendices: (starting on next 
page).

    Authority: 36 CFR 800.14(e).

    Dated: September 15, 2008.
John M. Fowler,
Executive Director.
[FR Doc. E8-21885 Filed 9-18-08; 8:45 am]
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