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Notices Federal Register

54356 

Vol. 73, No. 183 

Friday, September 19, 2008 

ADVISORY COUNCIL ON HISTORIC 

PRESERVATION 

Draft Program Comment for 

Department of Defense Rehabilitation 

Treatment Measures 

AGENCY: Advisory Council on Historic 

Preservation. 

ACTION: Notice of intent to issue 

program comments for Department of 

Defense Rehabilitation Treatment 

Measures. 

SUMMARY: The Advisory Council on 

Historic Preservation is considering 

issuing a Program Comment for the 

Department of Defense setting forth how 

it will comply with Section 106 of the 

National Historic Preservation Act when 

rehabilitating exterior building elements 

that are character-defining features of 

historic properties. The Advisory 

Council on Historic Preservation seeks 

public input on the proposed Program 

Comment. 

DATES: Submit comments on or before 

October 20, 2008. 

ADDRESSES: Address all comments 

concerning this proposed Program 

Comment to Hector Abreu Cintron, 

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: 

habreu@achp.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hector Abreu Cintron, (202) 606–8517, 

habreu@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 

provide the Advisory Council on 

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 by following the steps set forth in 

that comment. 

The ACHP is now considering issuing 

a Program Comment to the Department 

of Defense (DoD), covering 

rehabilitation treatment measures for: 

(1) The removal of mortar joints and 

repointing; (2) preparation of lime and 

cement-amended mortars; (3) 

preparation of lime- or Portland-based 

stucco; (4) identifying masonry types 

and failures; and (5) repair and 

replacement of historic stucco. The 

Program Comment would include a 

process for adding new rehabilitation 

treatment measures, updating existing 

ones, and removing those that may not 

be working as intended. 

The text of the draft Program 

Comment, minus its appendices, can be 

found at the end of this notice. The 

appendices comprise the technical 

substance of each of the original five 

rehabilitation treatment measures and 

their two implementation guidance 

documents. Due to their volume, they 

will not be copied into this notice. 

However, they can be accessed in their 

entirety on the Internet at: http:// 

www.achp.gov/masonryst.html. Those 

without access to the Internet can 

contact Hector Abreu Cintron at 202– 

606–8517, or by e-mail at 

habreu@achp.gov, to arrange an 

alternate method of access to the 

appendices. 

I. Background on Previous Proposal for 

a ‘‘Standard Treatment’’ 

Originally, the ACHP and DoD had 

proposed handling these rehabilitation 

treatment measures as part of a 

‘‘Standard Treatment’’ applicable to all 

Federal agencies. The ACHP sought 

public comment on that proposal on 

June 12, 2008 (73 FR 33387–33389). 

However, after considering the resulting 

public comments, the ACHP met with 

DoD and recommended that the 

rehabilitation treatment measures be 

handled as a ‘‘Program Comment’’ 

applicable only to DoD. 

In general terms, a ‘‘standard 

treatment’’ is an ACHP approved 

method that, if used, assists Federal 

agencies in satisfying their 

responsibilities under the regular 

Section 106 process. However, standard 

treatments do not redefine the regular 

Section 106 process. An agency must 

still go through all the regular steps of 

the Section 106 process before using a 

standard treatment. So, for example, a 

Federal agency still has to consult with 

various parties in identifying the area of 

potential effects and historic properties 

within it, and determining whether such 

historic properties may be affected, 

before using a standard treatment to 

either facilitate the determination of 

adverse effects or facilitate negotiation 

of an agreement to resolve the adverse 

effects under the regular process. 

While standard treatments have great 

value in facilitating the regular Section 

106 process, the ACHP came to the 

conclusion that a more streamlined 

approach was warranted for handling 

the rehabilitation treatment measures at 

issue, particularly considering that they 

are drafted so as to meet the Secretary 

of the Interior’s Standards for 

Rehabilitation (Secretary’s Standards), 

36 CFR part 67. A ‘‘Program Comment’’ 

provides such a streamlined approach. 

Rather than having DoD go through the 

entire, regular Section 106 process for 

rehabilitation activities that will meet 

the Secretary’s Standards, the Program 

Comment redefines that regular process 

so that DoD can comply with Section 

106 for its rehabilitation activities by 

simply following the rehabilitation 

treatment measures appended to the 

Program Comment and keeping a record 

of its actions. 

The public comments received on the 

originally proposed standard treatment 

also made it clear that it would be 

preferable to limit the number of the 

initial rehabilitation treatment measures 

to the five indicated above. Under the 

original draft standard treatment, 

eighteen rehabilitation treatment 

measures had been proposed. They 

included measures regarding historic 

mortar, historic stucco, historic brick, 

terra cotta and ceramics, historic adobe 


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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54357 

masonry units, stone, masonry 

restoration, identification of masonry 

types and failure, and masonry cleaning. 

The public comments indicated the 

need to engage in fairly involved 

technical edits and to more closely 

examine various issues with several of 

the rehabilitation treatment measures. 

So, a decision was made to limit the 

number of initial rehabilitation 

treatment measures to a more 

manageable group and work to improve 

those. 

The public comments, and further 

internal discussion, also highlighted 

concerns about standard treatments that 

would be open to use by all Federal 

agencies, when some of those agencies 

may have neither the expertise nor the 

supervisory capacity to ensure the 

rehabilitation treatment measures are 

carried out correctly and consistently. 

Accordingly, the ACHP has decided to 

change the draft so that it: (a) Only 

applies to DoD; (b) includes a 

recordkeeping mechanism that will help 

keep track on how the rehabilitation 

treatment measures are being carried 

out; (c) specifically allows for updating 

existing rehabilitation treatment 

measures and removing those that are 

not working as intended; and (d) 

provides for annual meetings to 

maintain oversight regarding how the 

Program Comment is working. 

II. Background on the Proposed 

Program Comment 

As indicated above, the ACHP and 

DoD collaborated to develop various 

rehabilitation treatment measures to 

address rehabilitation of exterior 

building elements that are character 

defining features of historic properties. 

The goal is to encourage use of the 

Secretary’s Standards through the use of 

rehabilitation treatment measures that 

detail construction specifications for 

routine repair and maintenance 

undertakings that are consistent with 

those Secretary’s Standards, and 

therefore expected to have no adverse 

effects on historic properties. 

Those rehabilitation treatment 

measures are designed to codify the 

numerous ‘‘industry standard’’ practices 

associated with routine repair and 

maintenance of historic properties. The 

appendices to the Program Comment 

currently under consideration include 

the two implementation guidance 

documents (numbered 01060.01 and 

01091.01) and the following five 

treatments measures: 

04100 Historic Mortar 

(1) 04100.01 Removal of Mortar Joints 

and Repointing 

(2) 04100.02 Preparation of Lime and 

Cement Amended Mortars 

04110 Historic Stucco 

(3) 04110.01 Preparation of Lime or 

Portland Based Stucco 

(4) 04110.02 Repair and Replacement 

of Historic Stucco 

04400 Stone 

(5) 04400.01 Identifying Masonry 

Types and Failures 

DoD has consulted with the ACHP, 

the National Park Service (NPS), the 

National Conference of State Historic 

Preservation Officers, the National Trust 

for Historic Preservation and the DoD 

Historic Preservation Working group. 

The NPS has been a vital partner in 

reviewing the draft standard treatments 

to verify that they are consistent with 

the Secretary’s Standards. 

After considering the public 

comments resulting from the June 12, 

2008 Federal Register notice (when the 

rehabilitation treatment measures were 

presented as part of a ‘‘standard 

treatment’’), DoD and the ACHP 

initiated talks with some of those who 

provided those comments, and 

particularly with representatives of the 

American Institute of Architects, and 

the American Institute for the 

Conservation of Historic and Artistic 

Works. 

As a result of those talks, DoD and the 

ACHP will be revising the mentioned 

five rehabilitation treatment measures. 

The original treatment measures were 

developed for use on historic properties 

and provided an overview of accepted 

conservation practices. However, upon 

further revision it became apparent that 

their original scope was method based. 

Most complex conservation application 

should be subjected to a thorough 

understanding of the historic resource, 

its problems, and the work to be 

accomplished. Many of these 

applications are extremely complex and 

require a thorough diagnostic process 

prior to the execution of any 

specification. 

Therefore, during the present public 

comment period, the ACHP, DoD, and 

the NPS will work on modifying the 

specifications. The new program 

comment specifications will emphasize 

industry acceptable conservation 

performance practices that require 

minimal pretesting and support cyclical 

maintenance schedules. Specification 

will emphasize the gentlest methods 

possible with materials and techniques 

whose application will support the 

stewardship responsibilities of DoD 

with their historic resources. The 

current set of proposed specifications 

will require a minimum of diagnostic 

pretesting due to their common 

applicability by the industry and 

extensive prior vetting of their technical 

validity by conservation experts. These 

common maintenance specifications are 

currently being discussed with key 

experts in the conservation field as well 

as with the National Park Service to 

ensure their consistency with the 

Secretary’s Standards when applied 

under the conditions set out in the 

Program Comment. 

They will also further clarify the role 

of conservators and architects 

(professionally qualified) versus the role 

of the contractor. The conservator/ 

architect would always be responsible 

for diagnostic surveys and materials 

testing, in addition to approval of mockups (as is already documented). 

Please understand that these 

modifications are not yet reflected in the 

rehabilitation treatment measures that 

you will find at http://www.achp.gov/ 

masonryst.html. The modifications are 

outlined here so the public interested in 

commenting is aware of them and may 

be able to comment on the direction the 

ACHP plans to take. 

III. Expected Benefits 

This Program Comment was 

conceived to promote best preservation 

practices within the military. 

As explained above, the Program 

Comment and its rehabilitation 

treatment measures were conceived as a 

way to assist DoD in rehabilitating its 

large inventory of historic properties 

without getting bogged down in an 

unnecessarily long Section 106 process, 

particularly since use of the 

rehabilitation treatment measures 

(which are consistent with the 

Secretary’s Standards) would not result 

in adverse effects. 

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 scheduled on November 14, 

2008 in Washington, DC. 

IV. Text of the Proposed Program 

Comment 

As stated above, the appendices to the 

proposed Program Comment comprise 

the substantive rehabilitation treatment 

measures and the two implementation 

guidance documents. Due to their 

volume, they will not be copied into 

this notice. However, they can be 

accessed on the Internet at http:// 

www.achp.gov/masonryst.html. Again, 

various modifications to those 

rehabilitation treatment measures, while 


jlentini on PROD1PC65 with NOTICES
54358 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 

outlined above to help the public 

understand the direction being 

considered, will not be reflected on the 

versions at the cited Web address. The 

ACHP, DoD, NPS and others will be 

working to incorporate such 

modifications during the public 

comment period. 

Those without access to the Internet 

can contact Hector Abreu Cintron at 

202–606–8517, or by e-mail at 

habreu@achp.gov to arrange an alternate 

method of access to the documents. 

The following is the text of the 

Program Comment, minus the 

appendices: 

Program Comment for Department of 

Defense Rehabilitation Treatment 

Measures 

I. Establishment and Authority: This 

Program Comment was issued by the 

Advisory Council on Historic 

Preservation (ACHP) on (date of 

establishment) pursuant to 36 CFR 

800.14(e). 

It provides the Department of Defense 

(DoD) with an alternative way to comply 

with its responsibilities under Section 

106 of the National Historic 

Preservation Act, 16 U.S.C. 470f, and its 

implementing regulations, 36 CFR part 

800 (Section 106), with regard to the 

effects of rehabilitation treatment 

measures appended to this Program 

Comment. 

The intent of this Program Comment 

is to reduce compliance timeframes for 

routine repair and maintenance 

undertakings involving historic 

properties where DoD chooses to repair 

and maintain those resources in 

accordance with the Secretary of the 

Interior’s Standards for Rehabilitation, 

36 CFR part 67 (Secretary’s Standards 

for Rehabilitation). 

II. Applicability to Department of 

Defense: Only DoD may use this 

Program Comment. 

III. Date of Effect: This Program 

Comment will go into effect on (date of 

establishment). 

IV. Use of Rehabilitation Treatment 

Measures To Comply With Section 106 

Regarding Their Effects: 

(1) DoD may comply with Section 106 

regarding the effects of rehabilitation 

treatment measures on historic 

properties, and those properties whose 

eligibility has not yet been determined, 

by: 

(i) Conducting such work as provided 

by the relevant rehabilitation treatment 

measure(s) appended to this document, 

in conformance with the 

implementation guidance documents 

numbered 01060.01 and 01091.01 in 

those appendices; 

(ii) Ensuring that all work described 

in the rehabilitation treatment measures 

is conducted under the supervision and 

approval of a cultural resources 

professional who meets the relevant 

standards outlined in the Secretary of 

the Interior’s Professional Qualification 

Standards, pursuant to 36 CFR part 61 

(Secretary’s Standards on Professional 

Qualification); and 

(iii) Keeping a record, at the relevant 

DoD installation, detailing each use of a 

rehabilitation treatment measure under 

this Program Comment for no less than 

five years from the final date of the 

implementation of the rehabilitation 

treatment measure. Each record must 

include the following information: 

(a) A description of the 

implementation of the rehabilitation 

treatment measure (including the 

specific location of the treatment); 

(b) the date(s) when the rehabilitation 

treatment measure was implemented; 

(c) the name(s) of the personnel that 

carried out and/or supervised the use of 

the rehabilitation treatment measure; 

(d) a summary of the treatment 

implementation, indicating how the 

rehabilitation treatment measure was 

carried out, any problems that arose, 

and the final outcome; and 

(e) a summary of any refinements to 

the rehabilitation treatment measures 

that the installation and relevant State 

Historic Preservation Officer (SHPO) 

have agreed upon per Stipulation IV(4), 

below. DoD must provide copies of 

these records, within a reasonable 

timeframe, when requested by the 

ACHP or the relevant SHPO. 

(2) Before it begins using this Program 

Comment, a DoD installation must 

provide written notification to the 

relevant SHPO stating that it intends to 

begin using it and specifying which 

rehabilitation treatment measures it 

deems appropriate for use with regard to 

the historic properties at the 

installation. The installation may begin 

using this Program Comment 30 days 

after such notification. 

(3) A DoD installation must also 

provide written notification to the 

relevant SHPO when it intends to begin 

using a rehabilitation treatment measure 

that has been added to this Program 

Comment per Stipulation VI. The 

installation may begin using such an 

added rehabilitation treatment measure 

30 days after such notification. 

(4) If, in the opinion of a DoD 

personnel or DoD contractor meeting the 

Secretary’s Standards on Professional 

Qualification, quantifiable scientific or 

qualitative historic data indicates that a 

rehabilitation treatment measure 

covered by this Program Comment 

should be refined to accommodate a 

specific material or rehabilitation 

technique that is more suitable for the 

relevant historic properties at the 

installation and/or that more 

specifically meets the intent of the 

Secretary’s Standards for Rehabilitation, 

the installation shall notify the relevant 

SHPO of that proposed refinement. (An 

example of a refinement would be the 

selection of a mortar joint profile 

appropriate for the historic property 

under consideration.) If, within 30 days 

of receiving that notification, the 

relevant SHPO disputes whether the 

proposed refinement to the 

rehabilitation treatment measure meets 

the Secretary’s Standards for 

Rehabilitation, the installation and the 

relevant SHPO shall consult to attempt 

to resolve that dispute. If the relevant 

SHPO and the installation agree to a 

proposed refinement, or the relevant 

SHPO fails to dispute it within the 30- 

day period, the installation may proceed 

in accordance with the proposed 

refinement. Consultation about, and 

agreement or disagreement regarding, 

proposed refinements does not affect the 

ability of an installation to continue 

using this Program Comment and any of 

its existing rehabilitation treatment 

measures. 

V. Program Comment Does Not Cover 

Aspects of Undertakings Beyond the 

Specific Rehabilitation Treatment 

Measures: While DoD may comply with 

Section 106 regarding the effects of 

rehabilitation treatment measures on 

historic properties in accordance with 

this Program Comment, the effects of 

those aspects of its undertakings that are 

not specifically covered by the 

appended rehabilitation treatment 

measures must still undergo Section 106 

review in accordance with the process 

found at 36 CFR 800.3 through 800.7, or 

applicable alternatives under 36 CFR 

800.14 other than this Program 

Comment. For example, a DoD 

undertaking that includes the treatment 

of the exterior masonry of a historic 

building (in accordance with a 

rehabilitation treatment measure of this 

Program Comment) and the demolition 

of its interior walls, will still have to 

undergo Section 106 review outside this 

Program Comment for those aspects of 

the undertaking involving the 

demolition of the interior walls. 

VI. Process for Adding or Updating 

Rehabilitation Treatment Measures: 

While this Program Comment, as 

originally adopted, was limited to five 

rehabilitation treatment measures, the 

ACHP expects more rehabilitation 

treatment measures to be added to it. 

The ACHP also expects that 

rehabilitation treatment measures 

included in the Program Comment may 


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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54359 

eventually need updating. Accordingly, 

rehabilitation treatment measures may 

be added to this Program Comment, or 

updated, as follows: 

(1) DoD will notify the ACHP, the 

National Conference of State Historic 

Preservation Officers (NCHSPO), and 

DOI (collectively, parties) that it wants 

to add a rehabilitation treatment 

measure to the Program Comment, or to 

update a rehabilitation treatment 

measure that is already a part of the 

Program Comment. Such a notification 

will include a draft of the proposal. 

(2) The parties will provide a copy of 

the draft to the National Trust for 

Historic Preservation, the American 

Institute of Architects, the American 

Institute for the Conservation of Historic 

and Artistic Works, and the Association 

for Preservation Technology, and 

consult with them before finalizing the 

proposal. The parties may invite other 

entities, including members of 

professional associations with expertise 

on the particular subject matter of the 

proposed rehabilitation treatment 

measure or update, to the consultation. 

(3) After such consultation, DoD will 

submit the finalized version to DOI with 

a request for confirmation from DOI that 

the proposed rehabilitation treatment 

measure or update meets the criteria set 

forth in the Secretary’s Standards for 

Rehabilitation. DOI will have 45 days to 

provide a written response to DoD. 

Should DOI determine that the 

proposed rehabilitation treatment 

measure or update does not meet the 

Secretary’s Standards for Rehabilitation, 

DoD may consult with those listed on 

sub stipulations (1) and (2), above, and 

revise the proposal for reconsideration 

by DOT. 

(4) After DOI confirmation that the 

proposal meets the Secretary’s 

Standards for Rehabilitation, or after the 

allotted 45 days pass without a DOI 

response (at which point, DOI 

confirmation will be assumed), DoD 

may submit the finalized version to the 

ACHP Executive Director. If the ACHP 

Executive Director approves it, the 

ACHP will publish a notice of 

availability of the approved addition or 

update in the Federal Register. The 

addition or update will go into effect 

upon such publication. 

VII. Process for Removing 

Rehabilitation Treatment Measures: The 

ACHP may remove a rehabilitation 

treatment measure from the Program 

Comment by publishing a Federal 

Register notice to that effect. The 

Program Comment will continue to 

operate with the other rehabilitation 

treatment measures that have not been 

removed. 

VIII. Latest Version of the Program 

Comment: DoD and/or the ACHP will 

include the most current version of the 

Program Comment (with the latest 

amendments and updates) in a publicly 

accessible Web site. The latest Web 

address for that site will be included in 

each of the Federal Register notices for 

amending, removing or updating 

rehabilitation treatment measures in the 

Program Comment. This document and 

its appended rehabilitation measures 

will initially be available at https:// 

www.denix.osd.mil/ 

ProgramAlternatives. 

IX. Annual Reports and Meetings: The 

parties shall meet once a year, in 

November, to discuss the 

implementation of the Program 

Comment and to consider whether 

rehabilitation treatment measures that 

have not been updated in five years 

should be updated in accordance with 

Stipulation VI. At least 60 days prior to 

such meetings, the parties may request 

of DoD more information on any issues 

at specific military installations. DoD 

will collect information from these 

military installations on their 

experience, for the previous twelve 

months, on how often and where the 

Program Comment has been utilized, 

examples of successful implementation, 

and examples of failures or problems 

with implementation. 

X. Amendment: The ACHP may 

amend this Program Comment (other 

than the appended rehabilitation 

treatment measures themselves, which 

are amended according to Stipulations 

VI and VII, above) after consulting with 

the parties and publishing a Federal 

Register notice to that effect. 

XI. Termination: The ACHP may 

terminate this Program Comment by 

publication of a notice in the Federal 

Register 30 days before the termination 

takes effect. 

XII. Sunset Clause: This Program 

Comment will terminate on its own 

accord on November 1, 2018, unless it 

is amended before that date to extend 

that period. 

XIII. Historic Properties in Tribal 

Lands and Historic Properties of 

Significance to Indian Tribes and Native 

Hawaiian Organizations: This Program 

Comment does not apply in connection 

with effects to historic properties that 

are located on tribal lands and/or that 

are of religious and cultural significance 

to Indian tribes or Native Hawaiian 

organizations. 

XIV. Definitions: The definitions 

found at 36 CFR part 800 apply to the 

terms used in this Program Comment. 

XV. Rehabilitation Treatment 

Measure Appendices: (starting on next 

page). 

Authority: 36 CFR 800.14(e). 

Dated: September 15, 2008. 

John M. Fowler, 

Executive Director. 

[FR Doc. E8–21885 Filed 9–18–08; 8:45 am] 

BILLING CODE 4310–K6–M 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

September 15, 2008. 

The Department of Agriculture has 

submitted the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Comments 

regarding (a) whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of burden including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology should be addressed to: Desk 

Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

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OIRA_Submission@OMB.EOP.GOV or 

fax (202) 395–5806 and to Departmental 

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Rural Utilities Service 

Title: 7 CFR 1726, Electric System 

Construction Policies and Procedures— 

Electric. 


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