3746 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

conference, including a systematic 

literature review commissioned through 

the Agency for Healthcare Research and 

Quality. The first day and a half of the 

conference will consist of presentations 

by expert researchers and practitioners 

and open public discussions. On 

Wednesday, March 10, the panel will 

present a statement of its collective 

assessment of the evidence to answer 

each of the questions above. The panel 

will also hold a press telebriefing to 

address questions from the media. The 

draft statement will be published online 

later that day, and the final version will 

be released approximately six weeks 

later. The primary sponsors of this 

meeting are the NIH Eunice Kennedy 

Shriver National Institute of Child 

Health and Human Development and 

the NIH Office of Medical Applications 

of Research. 

Advance information about the 

conference and conference registration 

materials may be obtained from the NIH 

Consensus Development Program 

Information Center by calling 888–644– 

2667 or by sending e-mail to 

consensus@mail.nih.gov. The 

Information Center’s mailing address is 

P.O. Box 2577, Kensington, Maryland 

20891. Registration information is also 

available on the NIH Consensus 

Development Program Web site at 

http://consensus.nih.gov. 

Please Note: The NIH has instituted 

security measures to ensure the safety of NIH 

employees, guests, and property. All visitors 

must be prepared to show a photo ID upon 

request. Visitors may be required to pass 

through a metal detector and have bags, 

backpacks, or purses inspected or x-rayed as 

they enter NIH buildings. For more 

information about the security measures at 

NIH, please visit the Web site at http:// 

www.nih.gov/about/visitorsecurity.htm. 

Dated: January 11, 2010. 

Raynard S. Kington, 

Deputy Director, National Institutes of Health. 

[FR Doc. 2010–859 Filed 1–21–10; 8:45 am] 

BILLING CODE 4140–01–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Health Resources and Services 

Administration 

Ryan White HIV/AIDS Part C Early 

Intervention Services (EIS) Program 

AGENCY: Health Resources and Services 

Administration, HHS. 

ACTION: Notice of Non-competitive 

Replacement Award. 

SUMMARY: The Health Resources and 

Services Administration (HRSA) is 

issuing a non-competitive replacement 

award to the Orange County Health 

Department, Orlando, Florida, that will 

ensure continuity of Part C, Early 

Intervention Services (EIS), HIV/AIDS 

care and treatment services to women, 

infants, and children without disruption 

from Orlando Health Incorporated’s 

HUG–ME Program, in Orange County 

and the surrounding areas. 

SUPPLEMENTARY INFORMATION: 

Intended Recipient of the Award: 

Orange County Health Department, 

Orlando, Florida. 

Amount of the Award: $303,018.00. 

Period of Support: The period of the 

supplemental support is from October 1, 

2009, through March 31, 2010. 

Authority: This activity is under the 

authority of the Public Health Service 

Act as amended, Section 2651 and 2693 

of the Public Health Service Act, as 

amended (2 USC 300ff–51 and 42 USC 

300ff–121). The authority for the 

exception to competition is HHS Grants 

Policy Directive 2.04, Awarding Grants. 

Catalogue of Federal Domestic 

Assistance Number: 93.918. 

Justification for the Exception to 

Competition: Critical funding for HIV/ 

AIDS care and treatment to the target 

populations in Orange County, Orlando, 

Florida, and surrounding areas will be 

continued through a temporary, noncompetitive replacement award to the 

Orange County Health Department as 

the new recipient. This temporary 

award is needed because the former 

grantee, Orlando Health, Incorporated, 

has relinquished, effective September 

30, 2009, the HUG ME Program and the 

HRSA Grant award supporting it 

(original Project Period April 1, 2008, 

through March 31, 2010). The Orange 

County Health Department is known 

Statewide as an exceptional site for 

HIV/AIDS care and treatment services. It 

has administered its own HRSA Ryan 

White HIV/AIDS Program Part C EIS 

Grant for the past 9 years and is well 

suited to undertake operations of the 

HUG–ME Program under the previously 

approved scope of project activities. 

Additionally, this organization has a 

thorough understanding of the 

characteristics and needs of HIV/AIDSinfected populations. The HIV/AIDS 

Bureau (HAB) and its Division of 

Community Based Programs are not 

aware of any other organization that 

could provide good quality care and 

treatment services to the impacted 

service populations without additional 

time and resources being devoted to 

bringing that organization’s service 

capacity up to the level needed under 

the project scope of this award. This 

non-competitive replacement award 

will permit the new recipient to ensure 

continuity of services to the HIV/AIDSinfected populations. The supplemental 

funding will provide support for 6 

months. Additional funding beyond 

March 31, 2010, will be provided 

through a limited service area 

competition that will be announced in 

the future. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Parham Hopson, Associate 

Administrator, HRSA/HAB, 5600 

Fishers Lane, Rockville, Maryland 

20857; phone 301–443–1993; 

DParham@hrsa.gov. 

Dated: January 13, 2010. 

Mary K. Wakefield, 

Administrator. 

[FR Doc. 2010–1179 Filed 1–21–10; 8:45 am] 

BILLING CODE 4165–15–P 

ADVISORY COUNCIL ON HISTORIC 

PRESERVATION 

Draft Program Comment for the 

Department of the Navy for the 

Disposition of Historic Vessels 

AGENCY: Advisory Council on Historic 

Preservation. 

ACTION: Notice of Intent to issue 

program comments for the Department 

of the Navy for the disposition of 

historic vessels. 

SUMMARY: The Advisory Council on 

Historic Preservation is considering 

issuing a Program Comment for the 

Department of the Navy setting forth the 

way in which it will comply with 

Section 106 of the National Historic 

Preservation Act with regard to the 

determination of National Register of 

Historic Places eligibility of its vessels 

and the treatment of adverse effects that 

may result from their disposition. 

DATES: Submit comments on or before 

February 12, 2010. 

ADDRESSES: Address all comments 

concerning this proposed Program 

Comment to Dr. Tom McCulloch, 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: tmcculloch@achp.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Tom McCulloch, (202) 606–8554, 

tmcculloch@achp.gov. 

SUPPLEMENTARY INFORMATION: Section 

106 of the National Historic 

Preservation Act requires Federal 

agencies to consider the effects of their 

undertakings on historic properties and 

to provide the Advisory Council on 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3747 

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 following the steps set forth in that 

comment. 

I. Background 

The ACHP is now considering issuing 

a Program Comment to the Department 

of the Navy (Navy) that would set forth 

the way in which it will comply with 

Section 106 of the National Historic 

Preservation Act with regard to the 

determination of National Register of 

Historic Places (National Register) 

eligibility of its vessels and the 

treatment of adverse effects that may 

result from their disposition. 

As explained in the Program 

Comment itself, naval vessels are the 

ships and service craft built by and for 

the Navy, used in furthering the Navy’s 

military mission, and listed in the Naval 

Vessel Register (NVR). Naval vessels are 

an unusual type of historic property. 

They are mobile assets that are put into 

harm’s way and remain in active service 

for typically less than fifty years. 

Because naval vessels have a limited 

useful life, the Chief of Naval 

Operations undertakes a Ship 

Disposition Review (SDR) each year to 

determine whether any vessels should 

be decommissioned from active service. 

The total number of vessels to be 

decommissioned varies from year to 

year, but currently averages eight per 

year. 

Upon the decommissioning of a 

vessel, the Secretary of the Navy is 

authorized to strike the vessel from the 

NVR. By the authority of the Secretary 

of the Navy, stricken Navy vessels may 

be: (1) Sold; (2) dismantled; (3) 

transferred, by gift or otherwise, to any 

State, Commonwealth, or possession of 

the U.S., the District of Columbia, or 

non-profit entity; (4) used for 

experimental purposes, including Navy 

sink exercises (SINKEXes); (5) 

transferred, by gift or otherwise, to any 

State, Commonwealth or possession of 

the U.S. for use as an artificial reef; or 

(6) disposed to a foreign nation by sale, 

lease, grant, loan, barter, transfer or 

otherwise. These six methods of final 

disposition, which are ‘‘undertakings’’ 

under Section 106, are available to the 

Navy because it is neither cost effective 

nor consistent with the Navy’s mission 

to retain vessels that have surpassed 

their useful life. 

Under the Program Comment, the 

Navy would apply the National Register 

criteria to vessels in active service and 

decommissioned vessels. That process 

would include input from the public 

and various historic preservation 

stakeholders. The Program Comment 

would establish a type of treatment that 

would begin immediately from the time 

a vessel is determined eligible, and thus, 

well before a Navy decision to dispose 

of the vessel. Finally, the Program 

Comment would clarify that the Navy 

will not need to conduct Section 106 

reviews regarding effects to active 

vessels. 

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 currently scheduled on 

February 24, 2010 in Washington, DC, 

or shortly thereafter. 

II. Text of the Proposed Program 

Comment 

The following is the text of the 

proposed Program Comment, without 

the Guideline appendices: PROGRAM 

COMMENT PURSUANT TO 36 CFR 

800.14(e) IMPLEMENTING SECTION 

106 OF THE NATIONAL HISTORIC 

PRESERVATION ACT FOR THE 

EVALUATION OF VESSELS FOR 

ELIGIBILITY FOR LISTING IN THE 

NATIONAL REGISTER OF HISTORIC 

PLACES AND THE TREATMENT OF 

ELIGIBLE VESSELS TO RESOLVE 

ADVERSE EFFECTS THAT MAY 

RESULT FROM CERTAIN METHODS 

OF FINAL DISPOSITION. 

I. Introduction 

Section 106 of the National Historic 

Preservation Act (NHPA) requires Federal 

agencies to ‘‘take into account the effect of 

[an] undertaking on any . . . structure . . . 

eligible for inclusion in the National 

Register’’ and to ‘‘afford the Advisory Council 

on Historic Preservation . . . a reasonable 

opportunity to comment with regard to such 

undertaking.’’ Regulations promulgated by 

the Advisory Council on Historic 

Preservation (ACHP) and codified at 36 

C.F.R. Part 800 describe the procedures 

Federal agencies must follow to meet their 

Section 106 obligations. Under 36 C.F.R. 

§ 800.14, the ACHP provides Federal 

agencies with ‘‘a variety of alternative 

methods . . . to meet their Section 106 

obligations,’’ thereby allowing agencies ‘‘to 

tailor the Section 106 process to their needs’’ 

(65 FR 77698–01) 

The following Program Comment was 

proposed by the Navy, and issued by the 

ACHP on (date to be determined), pursuant 

to 36 C.F.R. § 800.14(e). The Program 

Comment benefits the Navy and the historic 

preservation stakeholders by providing the 

Navy with a process for evaluating vessels to 

determine eligibility for listing in the 

National Register of Historic Places (NRHP) 

for Section 106 and Section 110 purposes. 

The Program Comment also provides a 

Section 106 method of treatment of eligible 

vessels to resolve adverse effects that result 

from certain methods of final disposition. 

The Program Comment will enable Navy 

decision-makers to apply the eligibility 

criteria as defined by the National Park 

Service (NPS) at 36 C.F.R. Part 60 to vessels 

in active service and decommissioned 

vessels. Furthermore, the Program Comment 

will give the public and various historic 

preservation stakeholders opportunities to 

provide input regarding a vessel’s eligibility 

for listing in the NRHP. The Program 

Comment will establish a type of treatment 

(i.e., collecting documentation in accordance 

with Section IV of this Program) that will 

begin immediately from the time a vessel is 

determined eligible, and thus, well before a 

Navy decision to dispose of the vessel. 

Finally, the Program Comment will clarify 

that the Navy will not need to conduct 

Section 106 reviews regarding effects to 

active vessels. 

By implementing the Program Comment, 

the Navy will no longer be required to follow 

the standard Section 106 process for each 

final disposition decision affecting inactive 

vessels. In addition to satisfying the Navy’s 

obligations under Section 106 of the NHPA 

for vessels, the Program Comment enables 

the Navy to fulfill its responsibility under 

Section 110 of the NHPA to manage and 

maintain vessels that may be eligible for 

listing in the NRHP in a way that considers 

the preservation of their historic value. 

II. Background 

Naval vessels are the ships and service 

craft built by and for the Navy, used in 

furthering the Navy’s military mission, and 

listed in the Naval Vessel Register (NVR). 

Naval vessels are an unusual type of historic 

property. They are mobile assets that are put 

into harm’s way and remain in active service 

for typically less than fifty years. Because 

naval vessels have a limited useful life, the 

Chief of Naval Operations undertakes a Ship 

Disposition Review (SDR) each year to 

determine whether any vessels should be 

decommissioned from active service. The 

total number of vessels to be 

decommissioned varies from year to year, but 

currently averages eight per year. Upon the 

decommissioning of a vessel, the Secretary of 

the Navy is authorized, under 10 U.S.C. 

§ 7304, to strike the vessel from the NVR. By 

the authority of the Secretary of the Navy 

under 10 U.S.C. § 7305–7307, stricken Navy 

vessels may be: 1) sold; 2) dismantled; 3) 

transferred, by gift or otherwise, to any State, 

Commonwealth, or possession of the U.S., 


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the District of Columbia, or non-profit entity; 

4) used for experimental purposes, including 

Navy sink exercises (SINKEXes); 5) 

transferred, by gift or otherwise, to any State, 

Commonwealth or possession of the U.S. for 

use as an artificial reef; or 6) disposed to a 

foreign nation by sale, lease, grant, loan, 

barter, transfer or otherwise. These six 

methods of final disposition, which are 

‘‘undertakings’’ as defined by 36 C.F.R. 

§ 800.16(y), are available to the Navy because 

it is neither cost effective nor consistent with 

the Navy’s mission to retain vessels that have 

surpassed their useful life. 

III. Determining Eligibility for Listing in the 

NRHP 

A. Criteria 

The Secretary of the Interior, through the 

NPS, established four criteria pursuant to its 

authority under the NHPA for determining 

whether property is eligible for listing in the 

NRHP. The four evaluation criteria are 

codified at 36 C.F.R. § 60.4 and listed below. 

The Navy is required to evaluate vessels for 

eligibility for listing in the NRHP using the 

four evaluation criteria: 

i. are associated with events that have 

made a significant contribution to the broad 

patterns of our history; 

ii. are associated with the lives of persons 

significant in our past; 

iii. embody the distinctive characteristics 

of a type, period, or method of construction; 

or 

iv. have yielded, or may be likely to yield, 

information important in prehistory or 

history. 

Navy vessels that meet one or more of 

these criteria, and that continue to possess 

integrity of (as appropriate) design, materials, 

workmanship, feeling and/or association are 

eligible for listing in the NRHP. 

Recognizing that vessels have a limited 

useful life of typically less than fifty years, 

the Navy has determined that, for Section 

106 and Section 110 purposes, vessels 

possessing any of the following 

characteristics at any time, including during 

active service, are of exceptional importance 

and meet the listing eligibility criteria 

established by the NPS and codified at 36 

C.F.R. § 60.4: 

i. The vessel was awarded an individual 

Presidential Unit Citation. (A Presidential 

Unit Citation is awarded to military units 

that have performed an extremely 

meritorious or heroic act, usually in the face 

of an armed enemy.) 

ii. An individual act of heroism took place 

aboard the vessel such that an individual was 

subsequently awarded the Medal of Honor or 

the Navy Cross. (The Medal of Honor is 

awarded for valor in action against an enemy 

force. The Navy Cross is awarded for 

extraordinary heroism in action not justifying 

an award of the Medal of Honor.) 

iii. A President of the United States was 

assigned to the vessel during his or her naval 

service. 

iv. The vessel was the first to incorporate 

engineering, weapons systems, or other 

upgrades that represent a revolutionary 

change in naval design or warfighting 

capabilities, or other special and unique 

considerations. 

v. Some other historic or socially 

significant event occurred on the vessel. 

B. Process 

Each year, qualified Navy historians with 

knowledge about Navy vessels will review 

each vessel in active service to determine 

which, if any, possess any of the 

characteristics described above, and integrity, 

and therefore, will be determined eligible for 

listing in the NRHP. 

Upon decommissioning, those vessels that 

have not already been determined eligible for 

listing in the NRHP will be evaluated by 

qualified Navy historians with knowledge 

about Navy vessels in accordance with the 

listing eligibility criteria established by the 

NPS, including whether the vessels possess 

integrity, and informed by the above, and 

thus, prior to making any final disposition 

decision with the potential to adversely affect 

historic property. 

Depending on the availability of funds, the 

Navy may also develop type-specific context 

studies to determine NRHP listing eligibility 

of classes of vessels. Context studies shall be 

consistent with the eligibility criteria noted 

above and with the NPS publications ‘‘How 

to Apply the National Register Criteria for 

Evaluation,’’ ‘‘How to Complete the National 

Register Multiple Property Documentation 

Form,’’ and ‘‘Nominating Historic Vessels and 

Shipwrecks to the National Register of 

Historic Places.’’ Vessels will be analyzed by 

class and the appropriate historic 

preservation stakeholders will be consulted 

on appropriate application of the National 

Register criteria. In the event that context 

studies are developed, they will be made 

available to the public in accordance with 

Section IV of this Program. 

C. Participation by Historic Preservation 

Stakeholders 

The Navy encourages historic preservation 

stakeholders, including but not limited to the 

ACHP, the NPS, State Historic Preservation 

Officers (SHPO), the National Conference of 

State Historic Preservation Officers 

(NCSHPO), the National Trust for Historic 

Preservation (National Trust), and the public 

to participate in the process for determining 

whether a vessel meets the eligibility criteria 

for listing in the NRHP. Through its existing 

public outreach programs the Navy will 

invite the public and historic preservation 

stakeholders to provide written comments 

and justification that support determining a 

vessel eligible for listing in the NRHP. 

After the annual SDR, the Navy provides 

a list of vessels planned to be 

decommissioned over the next five years in 

a Report to Congress on the Annual LongRange Plan for Construction of Naval Vessels. 

Subsequent to the release of the annual 

report to Congress, the Navy will provide 

statements of eligibility or ineligibility for 

listing in the NRHP on its website for those 

vessels to be decommissioned in the 

forthcoming year. The Navy will then solicit 

written comments on those statements of 

eligibility or ineligibility for listing in the 

NRHP from historic preservation 

stakeholders via its website. Historic 

preservation stakeholders will have sixty 

days from the time of publication of the list 

of vessels to be decommissioned to provide 

their comments. The Navy will notify 

historic preservation stakeholders, including 

the Historic Naval Ships Association (HNSA) 

and other Veterans-affiliated organizations, of 

the beginning of the sixty-day period. All 

written comments should be mailed to the 

Naval History and Heritage Command 

(NHHC) or submitted electronically via the 

NHHC’s website. The Navy will consider all 

written comments received before making a 

final determination as to whether a vessel is 

eligible for listing in the NRHP. If the Navy 

determines no question exists as to whether 

a vessel is eligible for listing in the NRHP, 

then the Navy will publish its final 

determination of listing eligibility for each 

vessel on its website. If the Navy determines 

that a question exists as to whether a vessel 

is eligible for listing in the NRHP, or if the 

ACHP or the Secretary of the Interior so 

request, the Navy will seek a formal 

determination of eligibility from the Keeper. 

Upon review, the Keeper’s determination of 

listing eligibility shall be final. 

An historic preservation stakeholder may 

also comment on a vessel’s eligibility or 

ineligibility for listing in the NRHP in writing 

while the vessel is in active service. These 

comments should be mailed to the NHHC or 

submitted electronically via the NHHC’s 

website. The NHHC will acknowledge receipt 

of the comments in writing, and retain the 

comments for consideration when preparing 

the statement of eligibility or ineligibility for 

the vessel prior to the vessel’s scheduled 

decommissioning. 

D. Effect of Eligibility Determination on 

Active Vessels 

A determination that a vessel in active 

service is eligible for listing in the NRHP 

shall not affect the vessel’s availability for 

routine operations, combat operations, and 

modernization to keep the vessel battleworthy, safe, and habitable, as required by 

the Navy’s military mission. Specifically, the 

Navy shall employ, deploy, activate, 

inactivate, repair, modify, move and 

decommission such vessels without regard to 

their eligibility and without needing to 

consider effects to them under Section 106 of 

the NHPA. 

IV. Treatment of Vessels Determined to be 

Eligible for Listing in the NRHP 

The Navy will take the following steps 

regarding vessels determined to be eligible 

for listing in the NRHP during active service 

or upon decommissioning: 

i. Annotate the vessel’s entry in the NVR 

to reflect listing eligibility and include the 

basis for eligibility (the public can access the 

NVR at http://www.nvr.navy.mil); and 

ii. Make available a documentation 

package consisting of historically significant 

records such as command operation reports, 

war diaries, and deck logs, as they are 

submitted (the public would be able to access 

the documentation package at the NHHC; 

unclassified command operation reports will 

be available at http://www.history.navy.mil). 

The Navy will also strongly consider 

making the vessel available for donation only 

upon decommissioning and striking from the 

NVR pursuant to 10 U.S.C. § 7306 for up to 

two years unless: 

i. The vessel is designated for Foreign 

Military Sales (FMS) transfer; 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3749 

ii. There are other Navy requirements for 

its continued use; 

iii. The material condition of the vessel 

precludes donation; 

iv. National security or other restrictions 

preclude donation; or 

v. The vessel is nuclear powered. 

(Additional coordination with the Director, 

Naval Nuclear Propulsion Program is 

required to determine donation feasibility.) 

The Navy’s Ship Donation Program is 

described at http://peoships.crane.navy.mil/ 

donation/. Donation application 

requirements include submission of 

acceptable curatorial/museum and 

maintenance plans among other plans for the 

preservation of the vessel in a condition 

satisfactory to the Secretary of the Navy. If a 

qualified donee is not identified within two 

years, the Navy may remove the vessel from 

donation hold status and proceed with 

another method of final disposition. 

Contracts between the Navy and qualified 

donees include provisions that address 

historic preservation of the vessel. 

The Navy will publish a list of vessels 

available for donation in the Federal Register 

and at http://peoships.crane.navy.mil/ 

donation/. The list will include any NRHP 

eligible vessel initially precluded from 

donation that, due to a change in status, 

becomes available for donation. 

The Navy will take the following steps 

regarding decommissioned vessels 

determined eligible for listing in the NRHP 

before final disposition by a method other 

than donation: 

i. Give priority to compiling histories of 

these eligible vessels when preparing entries 

in the Dictionary of American Naval Fighting 

Ships; 

ii. Retain and, depending on classification, 

provide public access to historical 

documentation from NRHP eligible vessels 

such as command operation reports, war 

diaries, and ship deck logs at the NHHC 

(deck logs that are more than thirty years old 

are transferred to the National Archives and 

Records Administration (NARA) for 

pemanent retention); 

iii. In addition to the standard curator 

items removed from the vessel upon 

decommissioning in accordance with 

required Navy policy, including citations, 

correspondence of significant historical 

value, ship histories, paintings, ship silver 

services, and photographs selected to best 

display the physical characteristics of the 

vessel, the Navy would make the vessel 

available to the Navy Curator and eligible 

non-profit organizations for removal of 

additional equipment, parts of the vessel, etc. 

that contribute to the historical significance 

of the vessel. Items removed by the Navy 

Curator will be maintained and considered 

for loan to qualified U.S. non-profit 

organizations in accordance with 10 U.S.C. 

§ 2572, 4575; and 

iv. Within three years of designating a 

NRHP-eligible vessel for final disposition, 

deposit with the NARA documentation 

consisting of archivally stable media of the 

following items: 

a. A Booklet of General Plans; and 

b. The last report of the Board of Inspection 

and Survey describing the material condition 

of the vessel. 

Note that accessibility to the public will 

depend on the document’s classification and 

NARA policies. 

V. Reports 

The Navy will submit an annual report to 

the NCSHPO and the ACHP on the progress 

of this Program Comment on 1 December, 

annually. The report will include the 

following information: 

i. The names and status of active vessels 

identified as eligible for listing in the NRHP, 

and the basis for their eligibility; 

ii. The names and status of 

decommissioned vessels identified as eligible 

for listing in the NRHP, and a copy of the 

statement of eligibility; 

iii. The names and status of 

decommissioned vessels identified as 

ineligible for listing in the NRHP, and a copy 

of the statement of ineligibility; and 

iv. The names of the vessels eligible for 

listing in the NRHP whose final disposition 

occurred during the reporting period, along 

with the status of the documentation 

supporting final disposition. 

The annual report will also be made 

available to the public on the Navy’s 

donation website. 

VI. Effect of the Program Comment 

By following this Program Comment, the 

Navy will meet its responsibilities for 

compliance with Section 110, in part, and 

Section 106 of the NHPA concerning the 

evaluation of vessels for eligibility for listing 

in the NRHP and the final disposition of 

eligible vessels. Accordingly, the Navy will 

no longer be required to follow the standard 

Section 106 process for each final disposition 

decision affecting inactive vessels, except as 

provided in this Program Comment. 

Vessels already determined eligible for 

listing in the NRHP that are not subject to an 

existing agreement established through the 

Section 106 consultation process will be 

subject to this Program Comment as if their 

eligibility had been established as a result of 

this Program Comment. Vessels that are the 

subject of an existing agreement established 

pursuant to the Section 106 regulations will 

continue to be subject to that existing 

agreement. 

The Program Comment described herein 

will remain in effect for twenty years, unless 

and until the Navy decides to terminate its 

application or the ACHP ‘‘determines that the 

consideration of historic [vessels] is not being 

carried out in a manner consistent with the 

program comment’’ and withdraws the 

comment. (36 C.F.R. § 800.14(e) (6)). 

Upon either event, the Navy shall comply 

with the requirements of 36 C.F.R. Part 800 

for each undertaking within the scope of this 

Program Comment. The Navy shall inform 

historic preservation stakeholders of the 

Program Comment’s termination. 

The Navy shall reexamine the Program 

Comment’s effectiveness after the first year of 

implementation and every five years 

thereafter within the context of its annual 

report or by convening a meeting with 

historic preservation stakeholders. In 

reexamining the Program Comment’s 

effectiveness, the Navy shall consider any 

written recommendations for improvement 

submitted by historic preservation 

stakeholders to the NHHC. 

Once in effect, the Program Comment may 

be amended when such an amendment is 

agreed to in writing by the Navy and the 

ACHP. The amendment will be effective on 

the date a copy of the amended Program 

Comment signed by the Navy and the ACHP 

is filed with the ACHP. 

Appendix A 

Definitions 

a. Command Operation Report, formerly 

Command History Report means a report that 

covers the operational and administrative 

actions of the command for each calendar 

year and usually consists of a chronology, a 

narrative, and enclosures. Some Command 

Operation Reports are classified for a set 

period of time. 

b. Decommission means to remove a vessel 

from active service. 

c. Documentation package means a 

compilation of historically significant records 

including, but not limited to, command 

operation reports, war diaries, and deck logs. 

d. Effect means alteration to the 

characteristics of a historic property 

qualifying it for inclusion in or eligibility for 

the National Register. 

e. Historic Preservation Stakeholder means 

the ACHP, the NPS, SHPOs, NCSHPO, the 

National Trust, any other agency or 

organization specifically concerned with 

historic preservation issues, and the public. 

f. Naval Vessel Register means the official 

inventory of ships and service craft titled to 

or in the custody of the U.S. Navy. It includes 

information about vessels from the time of 

their authorization through their life cycle 

and final disposition. 

g. Ship deck log means a daily chronology 

of particular events for administrative and 

legal purposes, as set forth by the Office of 

the Chief of Naval Operations Instruction 

3100.7 series. 

h. Ship disposition review means an 

annual review of vessels in active service 

conducted by the Chief of Naval Operations 

to determine which vessels will be 

decommissioned from active service and 

retained for potential reactivation or stricken 

from the Naval Vessel Register and 

designated for disposal. 

i. Stricken vessel means a decommissioned 

vessel that has been removed from the Naval 

Vessel Register. 

j. Undertaking means a project, activity, or 

program funded in whole or in part under the 

direct or indirect jurisdiction of a Federal 

agency, including those carried out by or on 

behalf of a Federal agency; those carried out 

with Federal financial assistance; and those 

requiring a Federal permit, license or 

approval. 

k. Vessel means the ships and service craft 

built by and for the Navy, used in furthering 

the Navy’s military mission, and listed in the 

Naval Vessel Register. Vessel does not 

include those vessels retained in Navy 

custody for public display (i.e., USS 

CONSTITUTION, NAUTILUS (SSN 571), exBARRY (DD 933)). 

1. War diary means a ship’s recounting of 

wartime operations. Some war diaries are 

written in a cursory fashion. Others are 

works of literary art. War diaries for combat 

actions are included with the Command 

Operations Report. 


erowe on DSK5CLS3C1PROD with NOTICES
3750 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 

Authority: 36 CFR 800.14(e). 

Dated: January 14, 2010. 

John M. Fowler, 

Executive Director. 

[FR Doc. 2010–1023 Filed 1–21–10; 8:45 am] 

BILLING CODE 4310–K6–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID: FEMA–2007–0008] 

National Advisory Council Meeting 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice of the National Advisory 

Committee meeting. 

SUMMARY: This notice announces the 

date, time, location, and agenda for the 

next meeting of the National Advisory 

Council (NAC). At the meeting, the 

subcommittees will report on their work 

since the July 29–30, 2009 meeting. This 

meeting will be open to the public. 

DATES: Meeting Dates: Wednesday, 

February 10, 2010, from approximately 

10 a.m. EST to 5:45 p.m. EST and 

Thursday, February 11, 2010, 8:30 a.m. 

EST to 3:30 p.m. EST. A public 

comment period will take place on the 

afternoon of February 11, 2010, between 

approximately 2:30 p.m. EST and 3 p.m. 

EST. 

Comment Date: Persons wishing to 

make an oral presentation, or who are 

unable to attend or speak at the meeting, 

may submit written comments. Written 

comments or requests to make oral 

presentations must be received by 

February 1, 2010. 

ADDRESSES: The meeting will be held at 

the Holiday Inn Capitol, 550 C Street 

SW., Washington, DC 20024. Written 

comments and requests to make oral 

presentations at the meeting should be 

provided to the address listed in the FOR

FURTHER INFORMATION CONTACT section 

and must be received by February 3, 

2010. All submissions received must 

include the Docket ID FEMA–2007– 

0008 and may be submitted by any one 

of the following methods: 

Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the Web site. 

E-mail: FEMA–RULES@dhs.gov. 

Include Docket ID FEMA–2007–0008 in 

the subject line of the message. 

Facsimile: (703) 483–2999. 

Mail: Office of Chief Counsel, Federal 

Emergency Management Agency, Room 

835, 500 C Street SW., Washington, DC 

20472–3100. 

Hand Delivery/Courier: Office of Chief 

Counsel, Federal Emergency 

Management Agency, Room 835, 500 C 

Street SW., Washington, DC 20472– 

3100. 

Instructions: All submissions received 

must include the Docket ID FEMA– 

2007–0008. Comments received also 

will be posted without alteration at 

http://www.regulations.gov, including 

any personal information provided. 

Docket: For access to the docket to 

read documents or comments received 

by the National Advisory Council, go to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Breese Eddy, Alternate Designated 

Federal Officer, Federal Emergency 

Management Agency, 500 C Street, SW., 

(Room 832), Washington, DC 20472– 

3100, telephone 202–646–3746, fax 

202–646–3930, and e-mail to: FEMA– 

NAC@dhs.gov. The NAC Web site is 

located at: http://www.fema.gov/about/ 

nac/. 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is required under the 

Federal Advisory Committee Act 

(FACA), Public Law 92–463, as 

amended (5 U.S.C. App. 1 et seq.). The 

National Advisory Council (NAC) will 

meet for the purpose of reviewing the 

progress and/or potential 

recommendations of the following NAC 

subcommittees: Stafford Act, National 

Response Framework, National Incident 

Management System, Post-Disaster 

Housing, Special Needs, Public/Private 

Partnerships, and Target Capabilities 

List. The Council may receive updates 

on preparedness issues, mitigation 

issues, the National Disaster Recovery 

Framework, and the Regional Advisory 

Councils. 

Public Attendance: The meeting is 

open to the public. Please note that the 

meeting may adjourn early if all 

business is finished. Persons with 

disabilities who require special 

assistance should advise the Alternate 

Designated Federal Officer of their 

anticipated special needs as early as 

possible. Members of the public who 

wish to make comments on Thursday, 

February 11, 2010 between 2:30 p.m. 

EST and 3 p.m. EST are requested to 

register in advance, and if the meeting 

is running ahead of schedule the public 

comment period may take place at 1 

p.m. EST; therefore, all speakers must 

be present and seated by 12:15 p.m. 

EST. In order to allow as many people 

as possible to speak, speakers are 

requested to limit their remarks to 3 

minutes. For those wishing to submit 

written comments, please follow the 

procedure noted above. 

Dated: January 14, 2010. 

W. Craig Fugate, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2010–1170 Filed 1–21–10; 8:45 am] 

BILLING CODE 9111–48–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5375–N–03] 

Federal Property Suitable as Facilities 

To Assist the Homeless 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This Notice identifies 

unutilized, underutilized, excess, and 

surplus Federal property reviewed by 

HUD for suitability for possible use to 

assist the homeless. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ezzell, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW., Room 7266, Washington, 

DC 20410; telephone (202) 708–1234; 

TTY number for the hearing- and 

speech-impaired (202) 708–2565 (these 

telephone numbers are not toll-free), or 

call the toll-free Title V information line 

at 800–927–7588. 

SUPPLEMENTARY INFORMATION: In 

accordance with 24 CFR part 581 and 

section 501 of the Stewart B. McKinney 

Homeless Assistance Act (42 U.S.C. 

11411), as amended, HUD is publishing 

this Notice to identify Federal buildings 

and other real property that HUD has 

reviewed for suitability for use to assist 

the homeless. The properties were 

reviewed using information provided to 

HUD by Federal landholding agencies 

regarding unutilized and underutilized 

buildings and real property controlled 

by such agencies or by GSA regarding 

its inventory of excess or surplus 

Federal property. This Notice is also 

published in order to comply with the 

December 12, 1988 Court Order in 

National Coalition for the Homeless v. 

Veterans Administration, No. 88–2503– 

OG (D.D.C.). 

Properties reviewed are listed in this 

Notice according to the following 

categories: Suitable/available, suitable/ 

unavailable, suitable/to be excess, and 

unsuitable. The properties listed in the 

three suitable categories have been 

reviewed by the landholding agencies, 

and each agency has transmitted to 

HUD: (1) Its intention to make the 

property available for use to assist the 


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