**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  | WT Docket No. 03-128         |
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| NATIONWIDE PROGRAMMATIC          | ** |                              |
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| PRESERVATION ACT REVIEW PROCESS  | ** |                              |
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**ERRATA**

**Adopted: June 27, 2003 Released: July 1, 2003**

By the Deputy Chief, Commercial Wireless Division:

These errata make the following changes to the *Notice of Proposed
Rulemaking*, In The Matter of Nationwide Programmatic Agreement
Regarding the Section 106 National Historic Preservation Act Review
Process, FCC 03-125, released on June 9, 2003.

1\. Paragraph 5 is amended to read as follows:

> Finally, in conjunction with the proposed execution of the Nationwide
> Agreement, we propose to revise Section 1.1307(a)(4) of our rules.[^1]
> Under Section 1.1307(a)(4), applicants are required to evaluate
> whether their proposed facilities may affect districts, sites,
> buildings, structures or objects, significant in American history,
> architecture, archeology, engineering or culture, that are listed, or
> are eligible for listing, in the National Register of Historic Places
> and, if so, to file an Environmental Assessment and obtain a Finding
> of No Significant Impact (or procure completion by the Commission of
> an Environmental Impact Statement) prior to construction.[^2] The Note
> to Section 1.1307(a)(4) provides guidance as to how applicants should
> perform this evaluation consistent with the NHPA. In order to make
> clear that the procedures in the Nationwide Agreement will be binding
> on applicants, and that non-compliance with these procedures would
> subject a party to potential enforcement action by the Commission, we
> propose to amend Section 1.1307(a)(4) by deleting the Note and adding
> the following language to the text:
>
> The National Register is updated and re-published in the FEDERAL
> REGISTER each year in February. To ascertain whether a proposed action
> may affect properties that are listed or eligible for listing in the
> National Register of Historic Places, an applicant shall follow the
> procedures set forth in the rules of the Advisory Council on Historic
> Preservation, 36 C.F.R. Part 800, as modified and supplemented by the
> Nationwide Programmatic Agreement for the Collocation of Wireless
> Antennas, Appendix B to Part 1 of this Chapter, and the Nationwide
> Programmatic Agreement for Review of Effects on Historic Properties
> for Certain Undertakings Approved by the Federal Communications
> Commission, Appendix C to Part 1 of this Chapter.

2\. Appendix C ("Proposed Rules") is amended to read:

Subpart I of Part 1 of 47 CFR is proposed to be amended as follows:

Revise § 1.1307(a)(4) to read as follows:

[§1.1307 Actions that may have a significant environmental effect, for
which Environmental Assessments (EAs) must be prepared]{.underline}.

(a)\* \* \*

\(4\) Facilities that may affect districts, sites, buildings, structures
or objects, significant in American history, architecture, archeology,
engineering or culture, that are listed, or are eligible for listing, in
the National Register of Historic Places. (See 16 U.S.C. 470w(5); 36 CFR
60 and 800.) The National Register is updated and re-published in the
FEDERAL REGISTER each year in February. To ascertain whether a proposed
action may affect properties that are listed or eligible for listing in
the National Register of Historic Places, an applicant shall follow the
procedures set forth in the rules of the Advisory Council on Historic
Preservation, 36 C.F.R. Part 800, as modified and supplemented by the
Nationwide Programmatic Agreement for the Collocation of Wireless
Antennas, Appendix B to Part 1 of this Chapter, and the Nationwide
Programmatic Agreement for Review of Effects on Historic Properties for
Certain Undertakings Approved by the Federal Communications Commission,
Appendix C to Part 1 of this Chapter.

FEDERAL COMMUNICATIONS COMMISSION

Jeffrey S. Steinberg

> Deputy Chief,
>
> Commercial Wireless Division
>
> Wireless Telecommunications Bureau

[^1]: 47 C.F.R. § 1.1307(a)(4).

[^2]: *Id*.; *see also* 47 C.F.R. §§ 1.1308, 1.1311.