[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Rules and Regulations]
[Pages 49193-49194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16712]


=======================================================================
-----------------------------------------------------------------------

COMMISSION OF FINE ARTS

45 CFR Part 2102


Procedures and Policies Amendment

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. This document 
serves to establish a Consent Calendar and to clarify the functions and 
requirements of a Consent Calendar and Appendices for the review of 
projects submitted to the Commission in order to address more 
efficiently the needs of the Federal government and the public.

DATES: Effective September 1, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas Luebke, 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, DC. 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 amended with this rule were last published in the 
Federal Register on January 31, 1997 (45 CFR Parts 2101, 2102, 2103). 
Specific items this document amends include providing the current 
address and telephone number of the agency, and clarifying a series of 
procedural functions. Therefore, as these changes clarify established 
and new 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.

[[Page 49194]]

List of Subjects in 45 CFR Part 2102

    Administrative practice and procedure, Sunshine Act.

    This document was prepared under the direction of Thomas Luebke, 
Secretary. U.S. Commission of Fine Arts, 401 F Street, NW., Suite 312, 
Washington, DC 20001.

0
Accordingly, for the reasons set forth above, Part 2102 is amended as 
set forth below.
0
For the reasons stated in the preamble, the Commission of Fine Arts 
hereby amends 45 CFR 2102, Subpart B--Procedures on Submission of Plans 
or Designs, with the addition of the following sections to read:

PART 2102--MEETINGS AND PROCEDURES OF THE COMMISSION

0
1. The authority citation for part 2102 is revised to read as follows:


    Authority: 5 U.S.C., App. 1.


0
2. Add Sec.  2102.13 to Part 2102, Subpart B--Procedures on Submission 
of Plans or Designs, to read as follows:


Sec.  2102.13  Project eligibility criteria for placement on a Consent 
Calendar.

    With respect to submissions to the Commission for projects that 
meet the following criteria, the Secretary, at his/her discretion and 
in coordination with the Commission's staff, may place these projects 
on a Consent Calendar according to Sec.  2102.14.
    (a) Additions to buildings of less than 25 percent (%) of the 
original structure and no more than 25,000 sq. ft.;
    (b) New construction of less than 25,000 sq. ft.;
    (c) Window replacement projects;
    (d) Cellular or other communications antenna installations or 
replacements;
    (e) New or replacement signs;
    (f) Cleaning, routine maintenance, repairs or replacement-in-kind 
of exterior finish materials;
    (g) Temporary utility or construction structures;
    (h) And does not include new physical perimeter security items.

0
3. Add Sec.  2102.14 to Part 2102, Subpart B--Procedures on Submission 
of Plans or Designs, to read as follows:


Sec.  2102.14  Consent Calendar and Appendices procedures.

    (a) The Commission shall review applications scheduled on its 
Meeting Agenda, Consent Calendar, or Appendices (Old Georgetown Act and 
Shipstead-Luce Act). Cases on the Meeting Agenda will be heard by the 
Commission in open session. Cases on the Consent Calendar or Appendices 
will be acted upon based on submitted materials and staff 
recommendations without further public comment.
    (b) The Commission shall release the proposed Meeting Agenda, and 
the Consent Calendar and Appendices with staff recommendation to the 
public not later than five (5) calendar days before the meeting.
    (c) The scheduling of cases on the Meeting Agenda, Consent 
Calendar, and Appendices shall be at the sole discretion of the 
Commission and staff, and nothing shall preclude the Commission from 
amending or changing the scheduling at a public meeting.
    (d) The staff shall prepare a written recommendation for each case 
on the Consent Calendar or Appendices the Commission will review.
    (e) The Commission shall conduct public review of cases in 
accordance with a proposed Agenda released to the public before the 
Commission meeting. The Commission shall dispose of other cases by 
adoption of a Consent Calendar and Appendices, as appropriate. The 
Commission may amend the Meeting Agenda, Consent Calendar and 
Appendices at the public meeting as it may deem appropriate.
    (f) An application may be placed on the Consent Calendar if the 
applicant and staff agree that the proposed work has no known objection 
by an affected government agency, neighborhood organization, historic 
preservation organization, or affected person. Any relevant terms or 
modifications agreed upon by the applicant and staff may be included as 
conditions of the approval.
    (g) At the request of any Commission member, the Chairperson may 
remove any case from the Consent Calendar and place it on the Meeting 
Agenda for individual consideration by the Commission at the meeting. A 
request from any other group or person to remove a case from the 
Consent Calendar should be made to the staff in advance of the meeting 
and shall be considered as a preliminary matter at the meeting.
    (h) The Chairperson may also remove any case from a duly noticed 
Meeting Agenda and place it on the Consent Calendar, provided there is 
no objection from the applicant, any Commission member, or any affected 
group or person present and wishing to comment on the case.
    (i) The Commission may approve the Consent Calendar and Appendices 
on a voice vote.

    Dated: August 18, 2005.
Thomas Luebke,
Secretary, U.S. Commission of Fine Arts.
[FR Doc. 05-16712 Filed 8-22-05; 8:45 am]
BILLING CODE 6330-01-P