Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3599

the complicated technical issues raised

in the proposed rulemaking.

ATF agrees that the proposed

rulemaking contains several wine

treating processes that are technically

complex and that may require more

time than usual to analyze and prepare

comments for submission.

Consequently, in order to allow all

interested persons to comment fully,

ATF has decided to reopen the

comment period, which originally

closed on November 29, 1994, for 60

days from the date of publication of this

notice in the Federal Register.

All written comments received will be

considered in the development of a

decision on this matter. Comments that

provide the factual basis supporting the

views or suggestions presented will be

particularly helpful in developing a

reasoned regulatory decision on this

matter.

Correction

In Notice No. 800, 59 FR 49870, on

page 49874, in the ‘‘Reference or

limitation’’ column of the table for

reverse osmosis, the words ‘‘off flavors

in wine’’ in the third line should be

deleted. In addition, the word ‘‘virous’’

in the last line should be changed to

read ‘‘vinous.’’

Drafting Information

The principal author of this document

is Robert White, Wine, Beer and Spirits

Regulations Branch, Bureau of Alcohol,

Tobacco and Firearms.

List of Subjects in 27 CFR Part 24

Administrative practice and

procedure, Authority delegations,

Claims Electronic funds transfers,

Excise taxes, Exports, Food additives,

Fruit juices, Labeling, Liquors,

Packaging and containers, Reporting

requirements, Research, Scientific

equipment, Spices and flavorings,

Surety bonds, Transportation,

Warehouses, Wine and vinegar.

Authority: This notice is issued under the

authority of 26 U.S.C. 7805.

Approved: January 5, 1995.

Daniel R. Black,

Acting Director.

[FR Doc. 95–1089 Filed 1–17–95; 8:45 am]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 68

RIN 1024–AC24

The Secretary of the Interior’s

Standards for Historic Preservation

Projects

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

SUMMARY: The National Park Service

(NPS) proposes to revise 36 CFR part 68,

The Secretary of the Interior’s Standards

for Historic Preservation Projects.

Published in 1978, the standards apply

to all proposed grant-in-aid projects

assisted through the National Historic

Preservation Fund, focusing primarily

on development projects involving

buildings. Seven approaches to project

work are defined in that document:

Acquisition, protection, stabilization,

preservation, rehabilitation, restoration,

and reconstruction. Those standards are

organized with general standards that

apply to all historic preservation grantin-aid projects, and specific standards

that apply to specific grant-in aid

projects, as appropriate. This proposed

revision reduces the work approaches

from seven to four: preservation,

rehabilitation, restoration, and

reconstruction. The total number of

standards is subsequently reduced from

77 to 34; the acquisition section is

deleted; and protection and stabilization

are consolidated under preservation. In

addition, the citation referencing the

Tax Reform Act of 1976 is deleted.

The revised Standards apply to all

properties defined in the National

Register of Historic Places: buildings,

structures, sites, landscapes, objects,

and districts. The goal of revision is to

reduce the part in length, sharpen it in

format and language and, in

consequence, make it easier to

understand and apply. Because of their

broader application to all cultural

property types, the revised standards are

titled, ‘‘The Secretary of the Interior’s

Standards for the Treatment of Historic

Properties’’. However, the philosophy of

the revised standards remains

unchanged and is consistent with

existing historic preservation

authorities.

DATES: Written comments will be

accepted through February 17, 1995.

ADDRESSES: Comments should be

addressed to: Chief, Preservation

Assistance Division, P.O. Box 37127,

Washington, DC 20013–7127.

FOR FURTHER INFORMATION CONTACT: Kay

Weeks, (202) 343–9593.

SUPPLEMENTARY INFORMATION:

Background

The Secretary of the Interior’s

Standards for Historic Preservation

Projects were codified December 7,

1978, at 36 CFR part 1207 (43 FR

57250), and redesignated at 36 CFR part

68 on July 1, 1981 (46 FR 34329). These

Standards are applied to all proposed

grant-in-aid projects assisted through

the National Historic Preservation Fund

(HPF). They have focused primarily on

acquisition and development projects

for buildings listed in the National

Register of Historic Places.

The NPS is proposing to revise 36

CFR part 68, The Secretary of the

Interior’s Standards for Historic

Preservation Projects, and replace it

with broader standards to include all

cultural property types. The proposed

revision changes the title of the part to

‘‘The Secretary of the Interior’s

Standards for the Treatment of Historic

Properties’’. Revisions to the existing

Standards began in 1990 in conjunction

with the National Conference of State

Historic Preservation Officers, National

Trust for Historic Preservation, and a

number of other outside organizations.

Standards have been evolving over time,

with the majority of the concepts

proposed here having been practiced

successfully in field application. These

practices are now being proposed as

revisions to codified standards and are,

in several ways, broader in approach

and, most important, easier to use.

First, they may be applied to all

historic resource types, including

buildings, sites, landscapes, structures,

objects, and districts.

Second, they eliminate the general

and specific standards format, which

tended to create a lengthy rule that was

also confusing. In the existing rule, eight

general standards apply to every project,

even though the goals of work differ

dramatically. In addition, specific

standards apply to specific types of

projects, thus acknowledging the

differences in work approaches, but

resulting in a total of 77 standards. The

revised standards remedy organizational

problems that had existed in the earlier

standards and create a clearer document

for the user. For example, the

definitions of the different treatments

are expanded to assist selection of the

most appropriate one; § 68.4(a) relating

to acquisition has been deleted because

it is not a treatment; and protection and

stabilization are consolidated under a

single preservation treatment rather

than being cited separately. As a result,

the total number of treatments has been

reduced from seven to four.
3600 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules

Third, the total number of standards

has been reduced from 77 to 34, and the

distinctions between the four treatments

have been clarified in the standards

themselves. Preservation focuses on the

maintenance and repair of existing

historic materials and retention of a

property’s form as it has evolved over

time. Rehabilitation acknowledges the

need to alter or add to a historic

property to meet continuing or changing

uses while retaining the property’s

historic character. Restoration is

undertaken to depict a property at a

particular period of time in its history,

while removing evidence of other

periods. Reconstruction recreates

vanished or non-surviving portions of a

property, generally for interpretive

purposes.

In summary, the simplification and

sharpened focus of these revised sets of

treatment Standards is intended to assist

users in making sound historic

preservation decisions. It should be

noted that a slightly modified version of

the Standards for Rehabilitation was

codified in 36 CFR part 67, and focuses

on ‘‘certified historic structures’’ as

defined by the IRS Code of 1986. These

regulations are used in the Preservation

Tax Incentives Program. Part 67 of 36

CFR should continue to be used when

property owners are seeking

certification for Federal tax benefits.

Public Participation

The policy of the National Park

Service is, whenever practicable, to

afford the public an opportunity to

participate in the rulemaking process.

Accordingly, interested persons may

submit written comments regarding this

proposed rule to the address noted at

the beginning of this rulemaking.

Drafting Information

The primary authors of this proposed

rule are Kay D. Weeks, Technical

Writer-Editor, Preservation Assistance

Division, and H. Ward Jandl, Deputy

Chief, Preservation Assistance Division.

Paperwork Reduction Act

This rulemaking does not contain

information collection requirements that

require approval by the Office of

Management and Budget under 44

U.S.C. 3501 et seq.

Compliance With Other Laws

The NPS has determined that this

proposed rulemaking will not have a

significant effect on the quality of the

human environment, health and safety

because it is not expected to:

(a) Increase public use to the extent of

compromising the nature and character

of the area or causing physical damage

to it;

(b) Introduce noncompatible uses

which might compromise the nature

and characteristics of the area, or cause

physical damage to it;

(c) Conflict with adjacent ownerships

or land uses; or

(d) Cause a nuisance to adjacent

owners or occupants.

Based on this determination, this

proposed rulemaking is categorically

excluded from the procedural

requirements of the National

Environmental Policy Act (NEPA) by

Departmental guidelines in 516 DM 6,

(49 FR 21438). As such, neither an

Environmental Assessment nor an

Environmental Impact Statement has

been prepared.

This rule was not subject to Office of

Management and Budget (OMB) review

under Executive Order 12866.

List of Subjects in 36 CFR Part 68

Historic preservation.

In consideration of the foregoing, 36

CFR part 68 is proposed to be revised

to read as follows:

PART 68—THE SECRETARY OF THE

INTERIOR’S STANDARDS FOR THE

TREATMENT OF HISTORIC

PROPERTIES

Sec.

68.1 Intent.

68.2 Definitions.

68.3 Standards.

Authority: The National Historic

Preservation Act of 1966, as amended (16

U.S.C. 470 et seq.); EO 11593, 3 CFR 75

(1971); sec. 2 of Reorganization Plan No. 3 of

1950 (64 Stat. 1262).

§ 68.1 Intent.

The intent of this part is to set forth

standards for the treatment of historic

properties containing standards for

preservation, rehabilitation, restoration,

and reconstruction. These standards

apply to all proposed grant-in-aid

development projects assisted through

the National Historic Preservation Fund.

§ 68.2 Definitions.

The standards for the treatment of

historic properties will be used by the

National Park Service and State historic

preservation officers and their staff

members in planning, undertaking, and

supervising grant-assisted projects for

preservation, rehabilitation, restoration,

and reconstruction. For the purposes of

this part:

(a) Preservation means the act or

process of applying measures necessary

to sustain the existing form, integrity,

and materials of an historic property.

Work, including preliminary measures

to protect and stabilize the property,

generally focuses upon the ongoing

maintenance and repair of historic

materials and features rather than

extensive replacement and new

construction. New exterior additions are

not within the scope of this treatment;

however, the limited and sensitive

upgrading of mechanical, electrical, and

plumbing systems and other coderequired work to make properties

functional is appropriate within a

preservation project.

(b) Rehabilitation means the act or

process of making possible an efficient

compatible use for a property through

repair, alterations, and additions while

preserving those portions or features

which convey its historical, cultural, or

architectural values.

(c) Restoration means the act or

process of accurately depicting the form,

features, and character of a property as

it appeared at a particular period of time

by means of the removal of features

from other periods in its history and

reconstruction of missing features from

the restoration period. The limited and

sensitive upgrading of mechanical,

electrical, and plumbing systems and

other code-required work to make

properties functional is appropriate

within a restoration project.

(d) Reconstruction means the act or

process of depicting, by means of new

construction, the form, features, and

detailing of a non-surviving site,

landscape, building, structure, or object

for the purpose of replicating its

appearance at a specific period of time

and in its historic location.

§ 68.3 Standards.

One set of standards—preservation,

rehabilitation, restoration, or

reconstruction—will apply to a property

undergoing treatment, depending upon

the property’s significance, existing

physical condition, the extent of

documentation available, and

interpretive goals, when applicable. The

Standards will be applied taking into

consideration the economic and

technical feasibility of each project.

(a) Preservation. (1) A property will be

used as it was historically, or be given

a new use that maximizes the retention

of distinctive materials, features, spaces,

and spatial relationships. Where a

treatment and use have not been

identified, a property will be protected

and, if necessary, stabilized until

additional work may be undertaken.

(2) The historic character of a

property will be retained and preserved.

The replacement of intact or repairable

historic materials or alteration of

features, spaces, and spatial
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Proposed Rules 3601

relationships that characterize a

property will be avoided.

(3) Each property will be recognized

as a physical record of its time, place,

and use. Work needed to stabilize,

consolidate, and conserve existing

historic materials and features will be

physically and visually compatible,

identifiable upon close inspection, and

properly documented for future

research.

(4) Changes to a property that have

acquired historic significance in their

own right will be retained and

preserved.

(5) Distinctive materials, features,

finishes, and construction techniques or

examples of craftsmanship that

characterize a property will be

preserved.

(6) The existing condition of historic

features will be evaluated to determine

the appropriate level of intervention

needed. Where the severity of

deterioration requires repair or limited

replacement of a distinctive feature, the

new material will match the old in

composition, design, color, and texture.

(7) Chemical or physical treatments, if

appropriate, will be undertaken using

the gentlest means possible. Treatments

that cause damage to historic materials

will not be used.

(8) Archeological resources shall be

protected and preserved in place. If

such resources must be disturbed,

mitigation measures shall be

undertaken.

(b) Rehabilitation. (1) A property will

be used as it was historically or be given

a new use that requires minimal change

to its distinctive materials, features,

spaces, and spatial relationships.

(2) The historic character of a

property will be retained and preserved.

The removal of distinctive materials or

alteration of features, spaces, and spatial

relationships that characterize a

property will be avoided.

(3) Each property shall be recognized

as a physical record of its time, place,

and use. Changes that create a false

sense of historical development, such as

adding conjectural features or elements

from other historic properties, shall not

be undertaken.

(4) Changes to a property that have

acquired historic significance in their

own right shall be retained and

preserved.

(5) Distinctive materials, features,

finishes, and construction techniques or

examples of craftsmanship that

characterize a property shall be

preserved.

(6) Deteriorated historic features will

be repaired rather than replaced. Where

the severity of deterioration requires

replacement of a distinctive feature, the

new feature will match the old in

design, color, texture, and, where

possible, materials. Replacement of

missing features will be substantiated by

documentary and physical evidence.

(7) Chemical or physical treatments, if

appropriate, will be undertaken using

the gentlest means possible. Treatments

that cause damage to historic materials

will not be used.

(8) Archeological resources shall be

protected and preserved in place. If

such resources must be disturbed,

mitigation measures will be undertaken.

(9) New additions, exterior

alterations, or related new construction

will not destroy historic materials,

features, and spatial relationships that

characterize the property. The new work

will be differentiated from the old and

will be compatible with the historic

materials, features, size, scale and

proportion, and massing to protect the

integrity of the property and its

environment.

(10) New additions and adjacent or

related new construction will be

undertaken in such a manner that, if

removed in the future, the essential

form and integrity of the historic

property and its environment would be

unimpaired.

(c) Restoration. (1) A property will be

used as it was historically or be given

a new use that interprets the property

and its restoration period.

(2) Materials and features from the

restoration period will be retained and

preserved. The removal of materials or

alteration of features, spaces, and spatial

relationships that characterize the

period will be not be undertaken.

(3) Each property will be recognized

as a physical record of its time, place,

and use. Work needed to stabilize,

consolidate and conserve materials and

features from the restoration period will

be physically and visually compatible,

identifiable upon close inspection, and

properly documented for future

research.

(4) Materials, features, spaces, and

finishes that characterize other

historical periods will be documented

prior to their alteration or removal.

(5) Distinctive materials, features,

finishes, and construction techniques or

examples of craftsmanship that

characterize the restoration period will

be preserved.

(6) Deteriorated features from the

restoration period will be repaired

rather than replaced. Where the severity

of deterioration requires replacement of

a distinctive feature, the new feature

will match the old in design, color,

texture, and, where possible, materials.

(7) Replacement of missing features

from the restoration period will be

substantiated by documentary and

physical evidence. A false sense of

history will not be created by adding

conjectural features, features from other

properties, or by combining features that

never existed together historically.

(8) Chemical or physical treatments, if

appropriate, will be undertaken using

the gentlest means possible. Treatments

that cause damage to historic materials

will not be used.

(9) Archeological resources affected

by a project will be protected and

preserved in place. If such resources

must be disturbed, mitigation measures

will be undertaken.

(10) Designs that were never executed

historically will not be constructed.

(d) Reconstruction. (1) Reconstruction

will be used to depict vanished or nonsurviving portions of a property when

documentary and physical evidence is

available to permit accurate

reconstruction with minimal conjecture,

and such reconstruction is essential to

the public understanding of the

property.

(2) Reconstruction of a landscape,

building, structure, or object in its

historic location will be preceded by a

thorough archeological investigation to

identify and evaluate those features and

artifacts that are essential to an accurate

reconstruction. If such resources must

be disturbed, mitigation measures will

be undertaken.

(3) Reconstruction will include

measures to preserve any remaining

historic materials, features, and spatial

relationships.

(4) Reconstruction will be based on

the accurate duplication of historic

features and elements substantiated by

documentary or physical evidence

rather than on conjectural designs or the

availability of different features from

other historic properties. A

reconstructed property will re-create the

appearance of the non-surviving historic

property in materials, design, color, and

texture.

(5) A reconstruction will be clearly

identified as a contemporary re-creation.

(6) Designs that were never executed

historically will not be constructed.

Dated: November 9, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–1043 Filed 1–17–95; 8:45 am]

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