4646 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations

1Alteration does not include razing

(Commissioner of the District of Columbia v.

Bennenson, D.C. Court of App. 1974, 329 A.2d 437).

Partial demolition, however, is viewed as an

alteration (The Committee to Preserve Rhodes

Tavern and the Natl. Processional Route v. Oliver

T. Carr Company, et. al., U.S. Court of App. for D.C.

Cir., 1979, 79–1457, Dept. Justice Brief for Fed.

Appellee).

and address of the pharmacy or

practitioner who dispensed the

substance and the prescription number,

if any; and

(c) The importation of the controlled

substance for personal medical use is

authorized or permitted under other

Federal laws and state law.

Dated: January 2, 1997.

Gene R. Haislip,

Deputy Assistant Administrator, Office of

Diversion Control.

[FR Doc. 97–2352 Filed 1–30–97; 8:45 am]

BILLING CODE 4410–09–M

COMMISSION OF FINE ARTS

45 CFR Parts 2101, 2102, and 2103

Procedures and Policies

AGENCY: The Commission of Fine Arts.

ACTION: Final rule.

SUMMARY: This document amends the

procedures and policies governing the

administration of the U.S. Commission

of Fine Arts. The current wording is

incomplete and has become obsolete or

incorrect in several of its parts. This

document serves to clarify the functions

and requirements of the agency in order

to address more efficiently the needs of

the Federal government and the public.

EFFECTIVE DATE: March 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Charles H. Atherton, Secretary,

(202) 504–2200.

SUPPLEMENTARY INFORMATION: As

established by Congress in 1910, the

Commission of Fine Arts is a small

independent advisory body made up of

seven Presidentially appointed ‘‘well

qualified judges of the arts’’ whose

primary role is architectural review of

designs for buildings, parks, monuments

and memorials erected by the Federal or

District of Columbia governments in

Washington, D.C. In addition to

architectural review, the Commission

considers and advises on the designs for

coins, medals and U.S. memorials on

foreign soil. The Commission also

advises the District of Columbia

government on private building projects

within the Georgetown Historic District,

the Rock Creek Park perimeter and the

Monumental Core area. The

Commission advises Congress, the

President, Federal agencies, and the

District of Columbia government on the

general subjects of design, historic

preservation and on orderly planning on

matters within its jurisdiction.

The regulations revised in this rule

were last published in the Federal

Register on November 21, 1979 (44 FR

67050). Specific items this document

amends include providing the current

address and telephone number of the

agency, publishing formerly omitted

Public Laws for which the agency is

responsible (Heraldic services provided

by the Department of the Army, 10

U.S.C. 4594; Commemorative Works, 40

U.S.C. 1001), clarifying a series of

procedural functions, and in general

correcting ambiguous or grammatically

questionable phraseology. Therefore, as

these changes clarify established

procedures and are minor in nature, the

Commission determines that notice and

comment are unnecessary and that, in

accordance with 5 U.S.C. 553 (b)(B),

good cause to waive notice and

comment is established.

List of Subjects

45 CFR Part 2101

Organization and Functions

(Government agencies).

45 CFR Part 2102

Administrative practice and

procedure, Sunshine Act.

45 CFR Part 2103

Administrative practice and

procedure.

This document was prepared under

the direction of Charles H. Atherton,

Secretary, U.S. Commission of Fine

Arts, 441 F Street, N.W., Suite 312,

Washington, D.C., 20001.

Accordingly, for the reasons set forth

above, Parts 2101, 2102, and 2103 are

amended as set forth below.

Signed at Washington, D.C., this 24th day

of January, 1997.

Charles H. Atherton,

Secretary, U.S. Commission of Fine Arts.

CFA hereby revises 45 CFR Parts

2101, 2102 and 2103 to read as follows:

PART 2101—FUNCTIONS AND

ORGANIZATION

Subpart A—Functions and Responsibilities

of the Commission

Sec.

2101.1 Statutory and Executive Order

authority.

2101.2 Relationships of Commission’s

functions to responsibilities of other

government units.

Subpart B—General Organization

2101.10 The Commission.

2101.11 Secretary to the Commission.

2101.12 Georgetown Board of Architectural

Consultants.

Authority: Pub. L. 81–808, 64 Stat. 903; 10

U.S.C. 4594; 36 U.S.C. 124; 40 U.S.C. 72, 104,

106, 121, 1001; E.O. 1259 of October 25,

1910; E.O. 1862 of November 28, 1913; and

E.O. 3524 of July 28, 1921.

Subpart A—Functions and

Responsibilities of the Commission

§ 2101.1 Statutory and Executive Order

Authority.

The Commission of Fine Arts

(referred to as the ‘‘Commission’’)

functions pursuant to statutes of the

United States and Executive Orders of

Presidents, as follows:

(a) Public buildings, other structures,

and parklands. (1) For public buildings

to be erected in the District of Columbia

by the federal government and for other

structures to be so erected which affect

the appearance of the city, the

Commission comments and advises on

the plans and on the merits of the

designs before final approval or action;

(2) For statues, fountains and

monuments to be erected in the District

of Columbia under authority of the

federal government, the Commission

advises upon their location in public

squares, streets, and parks, and the

merits of their designs;

(3) For monuments to be erected at

any location pursuant to the American

Battle Monuments Act, the Commission

approves the designs before they are

accepted by the American Battle

Monuments Commission (See also

§ 2101.1 (g));

(4) For parks within the District of

Columbia, when plans of importance are

under consideration, the Commission

advises upon the merits of the designs;

and

(5) For the selection by the National

Capital Planning Commission of lands

suitable for development of the National

Capital park, parkway, and playground

system in the District of Columbia,

Maryland, and Virginia, the

Commission provides advice.

(b) Private buildings bordering certain

public areas in Washington, D.C.

(Shipstead-Luce Act). For buildings to

be erected or altered 1 in locations

which border the Capitol, the White

House, the intermediate portion of

Pennsylvania Avenue, the Mall Park

System, Lafayette Park, the Zoological

Park, Rock Creek Park or Parkway, or

Potomac Park or Parkway, or are

otherwise within areas defined by the

official plats prepared pursuant to Sec.

2 of the Shipstead-Luce Act, the

Commission reviews the plans as they

relate to height and appearance, color

and materials of the exteriors, and
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations 4647

2Provisions of the Shipstead-Luce Act (§ 2101.1

(b)) do not include full demolition, though partial

demolition is viewed as an alteration.

makes recommendations to the

Government of the District of Columbia

which, in the judgement of the

Commission, are necessary to prevent

reasonably avoidable impairment of the

public values represented by the areas

along which the buildings border.

(Shipstead-Luce Act, 46 Stat. 366 as

amended (40 U.S.C. 121; D.C. Code 5–

410).)

(c) Georgetown buildings (Old

Georgetown Act). For buildings to be

constructed, altered, reconstructed, or

razed within the area of the District of

Columbia known as ‘‘Old Georgetown’’,

the Commission reviews and reports to

the District of Columbia Government on

proposed exterior architectural features,

height, appearance, color, and texture of

exterior materials as would be seen from

public space; and the Commission

makes recommendations to such

government as to the effect of the plans

on the preservation and protection of

places and areas that have historic

interest or that manifest exemplary

features and types of architecture,

including recommendations for any

changes in plans necessary in the

judgement of the Commission to

preserve the historic value of Old

Georgetown, and takes any such actions

as in the judgement of the Commission

are right or proper in the circumstances.

(Old Georgetown Act, Public Law 81–

808, 64 Stat. 903 (D.C. Code 5–801).)

(d) United States medals, insignia,

and coins. On medals, insignia, and

coins to be produced by an executive

department of the United States

including the Mint, the Commission

advises as to the merits of their designs

which shall be submitted before the

executive officer having charge of the

same shall approve thereof.

(e) Heraldic services provided by the

Department of the Army. The

Commission upon request advises the

Heraldic Branch of the Army upon the

merits of proposed designs for medals,

insignia, seals, etc. prepared under the

authority of the Act of August 26, 1957

to furnish heraldic services to the other

departments and agencies of the

government.

(f) Questions of art with which the

Federal government is concerned. When

required to do so by the President or by

Committees of either House of Congress,

the Commission advises generally on

questions of art, and whenever

questions of such nature are submitted

to it by an officer or department of the

federal government the Commission

advises and comments.

(g) Commemorative works. The

Commemorative Works Act provides

standards for placement of

commemorative works on certain

federal lands in the District of Columbia

and its environs, and for other purposes;

and requires site and design approval of

all commemorative works by the

Commission of Fine Arts, National

Capital Planning Commission, and (as

appropriate) the Secretary of Interior or

the Administrator of General Services.

The sponsoring agencies therefore shall

submit designs to the Commission for

review and shall provide such design

changes as may be required to obtain

approval.

§ 2101.2 Relationships of Commission’s

functions to responsibilities of other

government units.

(a) Projects involving the Capitol

building and the Library of Congress.

Plans concerning the Capitol building

and the buildings of the Library of

Congress are outside the purview of the

Commission except as to questions on

which the Committees of Congress

require the Commission to advise.

(b) Other Federal government

projects. Officers and departments of the

federal government responsible for

finally approving or acting upon

proposed projects within the purview of

the Commission’s functions as

described in § 2101.1 (a) are required

first to submit plans or designs for such

projects to the Commission for its

advice and comments.

(c) Projects within the jurisdiction of

the District of Columbia government.

The District of Columbia seeks

Commission advice on exterior

alteration or new construction of public

buildings or major public works within

its boundaries. The District of Columbia

government also shall seek Commission

advice on certain private construction

requiring building or demolition

permits from the D.C. Permit Branch

(D.C. Law 5–422). These include certain

actions by the District of Columbia

government pursuant to either D.C. Law

5–422 or D.C. Law 2–144 within areas

subject to the Shipstead-Luce or Old

Georgetown Acts (§ 2101.1 (b) and (c))

prior to the issuance of a permit.2

Alterations of buildings, demolition, or

new construction at individually

designated landmarks or within historic

districts are further subject to the permit

requirements of the Historic Landmark

and Historic District Protection Act of

1978 (D.C. Law 2–144). Upon request,

advice will be given on the subject of lot

subdivisions.

Subpart B—General Organization

§ 2101.10 The Commission.

The Commission is composed of

seven members, each of whom is

appointed by the President and serves

for a period of four years or until his or

her successor is appointed and

qualified. The Chairman and Vice

Chairman are elected by the members.

The Commission is assisted by a staff as

authorized by the Commission.

§ 2101.11 Secretary to the Commission.

Subject to the direction of the

Chairman, the Secretary to the

Commission is responsible for the dayto-day operations of the agency and for

supervising the staff in its support of the

functions of the Commission; for

preparing the agenda of Commission

meetings; for organizing presentations

before the Commission of plans,

designs, or questions upon which it is

to advise, comment, or respond; for

interpreting the Commission’s

conclusions, advice, or

recommendations on each matter

submitted to it; for maintaining a liaison

with other governmental entities,

professionals, and the public; and for

maintaining the Commission’s records.

The Assistant Secretary of the

Commission shall carry out duties

delegated to him/her by the Secretary

and shall act in place of the Secretary

during his/her absence or disability.

§ 2101.12 Georgetown Board of

Architectural Consultants.

To assist the Commission in carrying

out the purposes of the Old Georgetown

Act (§ 2101.1 (c)), a committee of three

architects appointed for a term of three

years by the Commission serves as the

Board of Architectural Consultants

without expense to the United States.

This committee advises the Commission

regarding designs and plans referred to

it. The Chairman is elected by its

members.

PART 2102—MEETINGS AND

PROCEDURES OF THE COMMISSION

Subpart A—Commission Meetings

Sec.

2102.1 Times and places of meetings.

2102.2 Actions outside of meetings.

2102.3 Public notice of meetings.

2102.4 Public attendance and participation.

2102.5 Records and minutes; public

inspection.
4648 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations

Subpart B—Procedures on Submission of

Plans or Designs

2102.10 Timing, scope and content of

submissions for proposed projects

involving land, buildings or other

structures.

2102.11 Scope and content of submission

for proposed medals, insignia, coins,

seals, and the like.

2102.12 Responses of Commission to

submissions.

Authority: 5 U.S.C., App. 1; OMB Circular

No. A–63.

Subpart A—Commission Meetings

§ 2102.1 Times and places of meetings.

Regular meetings of the Commission,

open to the public, are held monthly on

the third Thursday of the month,

beginning at 10:00 o’clock a.m., at its

offices in Suite 312, 441 F Street, N.W.

Washington, D.C. 20001, except that by

action of the Commission a regular

meeting in any particular month may be

omitted or it may be held on another

day or at a different time or place. A

special meeting, open to the public, may

be held in the interval between regular

meetings upon call of the Chairman and

five days’ written notice of the time and

place mailed to each member who does

not in writing waive such notice. On all

matters of official business, the

Commission shall conduct its

deliberations and reach its conclusions

at such open meetings except as stated

in § 2101.12 provided, however, the

Commission members may receive staff

briefings or may have informal

background discussions among

themselves and the staff outside of such

meetings.

§ 2102.2 Actions outside of meetings.

Between meetings in situations of

emergency, the Commission may act

through a canvass by the Secretary of

individual members, provided that any

action so taken is brought up and

ratified at the next meeting. In addition,

the Commission members may convene

away from the Commission’s offices to

make inspections at the site of a

proposed project or at the location of a

mock-up for the project and may then

and there reach its conclusions

respecting such project which shall be

recorded in the minutes of the meeting

held on the same day or, if none was

then held, in the minutes of the next

meeting.

§ 2102.3 Public notice of meetings.

Notice of each meeting of the

Commission shall be published in the

Federal Register.

§ 2102.4 Public attendance and

participation.

Interested persons are permitted to

attend meetings of the Commission, to

file statements with the Commission at

or before a meeting, and to appear

before the Commission when it is in

meeting, provided that an appearance is

germane to the functions and policies of

the Commission and to the matter or

issues then before the Commission, and

if the presentation or argument is made

in a concise manner, within reasonable

time limits and avoids duplicating

information or views already before the

Commission. A decision of the

Chairman as to the order of appearances

and as to compliance with these

regulations by any person shall be final

unless the Commission determines

otherwise.

§ 2102.5 Records and minutes; public

inspection.

A detailed record of each meeting

shall be made and kept which shall

contain copies of all written, printed, or

graphic materials presented. The

Secretary shall have prepared minutes

of each meeting which shall state the

time and place it was held and

attendance by Commission members

and staff and which shall contain a

complete summary of matters discussed

and conclusions reached and an

explanation of the extent of public

participation, including names of

persons who presented oral or written

statements; and he shall send a copy to

all members of the Commission for their

approval. Subsequent to such approval,

the minutes shall be certified by the

Secretary. The minutes and any

completed reports, studies, agenda or

other documents made available to, or

prepared for or by, the Commission

shall be available for public inspection

and, at the requesting party’s expense,

for copying at the offices of the

Commission.

Subpart B—Procedures on

Submissions of Plans or Designs

§ 2102.10 Timing, scope and content of

submissions for proposed projects

involving land, buildings, or other

structures.

(a) A party proposing a project which

is within the purview of the

Commission’s functions under § 2101.1

(a), (b), or (c) should make a submission

when concept plans for the project are

ready but before detailed plans and

specifications or working drawings are

prepared. In order to assure that a

submission will be considered at the

next scheduled meeting of the

Commission, it should be delivered to

the Commissions offices not later than

ten (10) working days before the

meeting; if it is a project subject to

review first by the Georgetown Board,

not later than ten (10) working days

before the Georgetown Board meeting.

The Commission will attempt to

consider a submission which is not

made in conformity with this schedule,

but it reserves the right to postpone

consideration until its next subsequent

meeting.

(b) (1) Each submission should state

or disclose:

(i) The nature, location, and

justification of the project, including

any relevant historical information

about the building or other structure to

be altered or razed;

(ii) The identity of the owner or

developer (or for public buildings, the

governmental unit with authority to

approve or act upon the plans) and of

the architect;

(iii) The functions, uses, and purpose

of the project; and

(iv) Other information to the extent it

is relevant, such as area studies, site

plans, building and landscape

schematics, renderings, models,

depictions or samples of exterior

materials and components, and

photographs of existing conditions to be

affected by the project.

(2) Alternative proposals may be

included within one submission. The

information submitted shall be

sufficiently complete, detailed, and

accurate as will enable the Commission

to judge the ultimate character, siting,

height, bulk, and appearance of the

project, in its entirety, including the

grounds within the scope of the project,

its setting and environs, and its effect

upon existing conditions and upon

historical and prevailing architectural

values. Record drawings and

photographs will be submitted by the

applicant for a permanent Commission

record of the submission.

(c) If a project consists of a first or

intermediate phase of a contemplated

larger program of construction, similar

information about the eventual plans

should accompany the submission.

Even though a submission relates only

to approval for razing or removal of a

building or other structure, the project

will be regarded as part of phased

development, and the submission is

subject to such requirement.

(d) If the project involves a statue,

fountain or a monument within the

purview of the Commission under

§ 2101.1 (a)(2), partial submissions

should be made as appropriate to permit

the Commission to advise on each

aspect of the project as prescribed by the

Commemorative Works Act (Pub. L. 99–

652, H.R. 4378, 40 U.S.C. 1001).
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations 4649

(e) The Commission staff will advise

owners and architects concerning the

scope and content of particular

submissions. Material relevant to the

functions and policies of the

Commission varies greatly depending

upon the nature, size, and importance of

the project to be reviewed by the

Commission. Also, it is the policy of the

Commission not to impose unnecessary

burdens or delays on persons who make

submissions to the Commission.

However, the Commission at any

meeting may decline to reach a

conclusion about a proposed project if

it deems the submission materials

inadequate for its purposes, or it may

condition its conclusions on the

submission of further information to it

at a later meeting or, in its discretion,

may delegate final action to the staff.

(f) The Commission staff, members of

the Georgetown Board, interested

members of the public, or the

submitting party may augment any

submission by additional relevant

information made available to the

Commission before or at the meeting

where the submission is considered.

The staff should also make information

available concerning prior

considerations or conclusions of the

Commission regarding the same project

or earlier versions of it.

§ 2102.11 Scope and content of

submissions for proposed medals, insignia,

coins, seals, and the like.

Each submission of the design for a

proposed item which is within the

Commission’s purview under § 2101.1

(d) should identify the sponsoring

government unit and disclose the uses

and purpose of the item, the size and

forms in which it will be produced, and

the materials and finishes to be used,

including colors if any, along with a

sketch, model, or prototype.

§ 2102.12 Responses of Commission to

submissions.

(a) The Commission before disposing

of any project presented to it may ask

for the proposed plans or designs to be

changed in certain particulars and

resubmitted, or for the opportunity to

review plans, designs, and

specifications in certain particulars at a

later stage in their development, and to

see samples or mock-ups of materials or

components; and when appropriate in

the matter of a statue or other object of

art, the Commission may ask for the

opportunity to see a larger or full-scale

model. All conclusions, advice, or

comments of the Commission which

lead to further development of plans,

designs, and specifications or to actual

carrying out of the project are made in

contemplation that such steps will

conform in all substantial respects with

the plans or designs submitted to the

Commission, including only such

changes as the Commission may have

recommended; any other changes in

plans or designs require further

submission to the Commission.

(b) In the case of plans for a project

subject to the Old Georgetown Act

(§ 2101.1 (c)), if the Commission does

not respond with a report on such plans

within forty-five days after their receipt

by the Commission, its approval shall be

assumed and a permit may be issued by

the government of the District of

Columbia.

(c) In the case of plans for a project

subject to the Shipstead-Luce Act

(§ 2101.1 (b)), if the Commission does

not respond with a report on such plans

within thirty days after their receipt by

the Commission, its approval shall be

assumed and a permit may be issued by

the government of the District of

Columbia.

(d) In the event that any project or

item within the Commission’s purview

under 2101.1 has not progressed to a

substantial start of construction or

production within four years following

the Commission meeting date on which

the final design was approved, the

Commission’s approval is suspended.

The plans or designs previously

approved or alternative plans or

designs, may thereupon be resubmitted

for Commission review. The

Commission’s subsequent approval, if

granted, shall remain in effect for four

years.

PART 2103—STATEMENTS OF POLICY

§ 2103.1 General approaches to review of

plans by the Commission.

The Commission functions relate to

the appearance of proposed projects

within its purview as specified herein.

These functions are to serve the purpose

of conserving and enhancing the visual

assets which contribute significantly to

the character and quality of Washington

as the nation’s capital and which

appropriately reflect the history and

features of its development over two

centuries. Where existing conditions

detract from the overall appearance of

official Washington or historic

Georgetown—such as conditions caused

by temporary, deteriorated, or

abandoned buildings of little or no

historical or architectural value, by

interrupted developments, or by vacant

lots not devoted to public use as parks

or squares—the Commission will favor

suitable corrections to these conditions.

When changes or additions are

proposed in other circumstances, the

Commission may consider whether the

public need or value of the project or

the private interests to be served thereby

justify making any change or addition,

and it will consider whether the project

can be accomplished in reasonable

harmony with the nearby area, with a

minimum loss of attractive features of

the existing building or site, with due

deference to the historical and

architectural values affected, and

without creating an anomalous

disturbing element in the public view of

the city.

Authority: Pub. L. 81–808, 64 Stat. 903; 40

U.S.C. 72, 104, 106, and 121; E.O. 1259 of

October 25, 1910; E.O. 1862 of November 28,

1913; E.O. 3524 of July 28, 1921.

[FR Doc. 97–2386 Filed 1–30–97; 8:45 am]

BILLING CODE 6330–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 2 and 15

[ET Docket No. 96–102; FCC 97–5]

Unlicensed NII Devices in the 5 GHz

Frequency Range

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this action, the

Commission amends its radio frequency

devices rules to make available 300

megahertz of spectrum at 5.15–5.35 GHz

and 5.725–5.825 GHz for use by a new

category of unlicensed equipment,

called Unlicensed National Information

Infrastructure (‘‘U–NII’’) devices. These

devices will provide short-range, high

speed wireless digital communications

on an unlicensed basis. We anticipate

that U–NII devices will support the

creation of new wireless local area

networks (‘‘LANs’’) and will facilitate

wireless access to the National

Information Infrastructure (‘‘NII’’). In

order to permit significant flexibility in

the design and operation of these

devices, we are adopting the minimum

technical rules necessary to prevent

interference to other services and to

ensure that the spectrum is used

efficiently. We believe that the rules set

forth herein will foster the development

of a broad range of new devices and

communications options that will

stimulate economic development and

the growth of new industries. We also

expect that this action will promote the

ability of U.S. manufacturers, including

small businesses, to compete globally by

enabling them to develop unlicensed

digital communications products for the

world market.