Draft Program Comment for Extending the Duration of Programmatic Agreements Based on the Department of Energy Prototype Programmatic Agreement for Its Weatherization Assistance Program, State Energy Program, and Energy Efficiency and Conservation Block Grant, 12336-12337 [2013-04138]
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN SUMMARY—METHODOLOGICAL STUDIES FOR THE PATH STUDY—
Continued
Data collection activity
sroberts on DSK5SPTVN1PROD with NOTICES
Total ...........................................
...........................................................
Request for Comments: Written
comments and/or suggestions from the
public and affected agencies are invited
on one or more of the following points:
(1) Whether the proposed collection of
information is necessary for the proper
performance of the function of the
agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (3) Ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
Ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Direct Comments to OMB: Written
comments and/or suggestions regarding
the item(s) contained in this notice,
especially regarding the estimated
public burden and associated response
time, should be directed to the: Office
of Management and Budget, Office of
Regulatory Affairs,
OIRA_submission@omb.eop.gov or by
fax to 202–395–6974, Attention: Desk
Officer for NIH. To request more
information on the proposed project or
to obtain a copy of the data collection
plans and instruments, contact: Kevin P.
Conway, Ph.D., Deputy Director,
Division of Epidemiology, Services, and
Prevention Research, National Institute
on Drug Abuse, 6001 Executive Blvd.,
Room 5185; Rockville, MD 20852, or
call non-toll free number 301–443–8755
or email your request, including your
address to: PATHprojectofficer
@mail.nih.gov.
Comments Due Date: Comments
regarding this information collection are
best assured of having their full effect if
received within 30-days of the date of
this publication.
Dated: February 19, 2013.
Glenda J. Conroy,
Executive Officer (OM Director), National
Institute on Drug Abuse (NIDA).
[FR Doc. 2013–04128 Filed 2–21–13; 8:45 am]
BILLING CODE 4140–01–P
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16:18 Feb 21, 2013
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Responses
per
respondent
Hours per
response
........................
........................
Number of
respondents
Type of respondent
20,000
ADVISORY COUNCIL ON HISTORIC
PRESERVATION
Draft Program Comment for Extending
the Duration of Programmatic
Agreements Based on the Department
of Energy Prototype Programmatic
Agreement for Its Weatherization
Assistance Program, State Energy
Program, and Energy Efficiency and
Conservation Block Grant
Advisory Council on Historic
Preservation.
ACTION: Notice of Intent to Issue
Program Comments for Extending the
Duration of Programmatic Agreements
based on the Department of Energy
(DOE) Prototype Programmatic
Agreement for its Weatherization
Assistance Program (WAP), State Energy
Program (SEP), and Energy Efficiency
and Conservation Block Grant (EECBG).
AGENCY:
The Advisory Council on
Historic Preservation (ACHP) is
considering issuing a Program Comment
for the DOE that would continue its
program of tailored compliance with
Section 106 of the National Historic
Preservation Act for the Office of
Weatherization and Intergovernmental
Programs Weatherization Related Grant
Programs: WAP, SEP, and EECBG. The
ACHP seeks public input on the
proposed Program Comment.
DATES: Submit comments on or before
5:00 p.m. EST, March 1, 2013.
ADDRESSES: Address all comments
concerning this proposed Program
Comment to Lee Webb, Office of Federal
Agency Programs, Advisory Council on
Historic Preservation, 1100
Pennsylvania Avenue, NW., Suite 803,
Washington, DC 20004. You may also
submit comments via fax at (202) 606–
8647 or via electronic mail at
lwebb@achp.gov.
FOR FURTHER INFORMATION CONTACT: Lee
Webb, (202) 606–8583, lwebb@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 ACHP a reasonable
opportunity to comment with regard to
such undertakings. The ACHP has
issued the regulations that set forth the
SUMMARY:
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
Annual hour
burden
29,750
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 DOE’s Office of Weatherization
and Intergovernmental Programs (OWIP)
provides financial assistance to state
agency applicants for three
weatherization related grant programs:
WAP, SEP, and EEBG. DOE has
determined that activities carried out by
these funded programs constitute
undertakings with the potential to affect
historic properties. Therefore, DOE must
comply with Section 106 and its
implementing regulations for these
undertakings.
The ACHP and DOE began a
partnership in August 2009 to explore
possible program alternatives to tailor
the Section 106 process for these
undertakings in anticipation of the
dramatic increase in project funding as
a result of American Recovery and
Reinvestment Act. DOE, in consultation
with the ACHP and the National
Conference of State Historic
Preservation Officers, developed a
prototype Programmatic Agreement
(PA) to cover three weatherization
related grant programs and to create
efficiencies in the administration of
these OWIP grants: WAP, SEP, and
EECBG. The prototype PA identifies a
category of routine undertakings with
limited potential to affect historic
properties and exempts them from
further review. The ACHP’s Chairman
designated the prototype PA on
February 8, 2010. Under the terms of the
prototype PA, DOE, the SHPO, and the
relevant state agency receiving OWIP
grants can execute subsequent
E:\FR\FM\22FEN1.SGM
22FEN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
agreements without ACHP involvement.
Execution of an agreement pursuant to
the prototype PA presumes that DOE
will conduct its government-togovernment consultation
responsibilities with federal recognized
Indian tribes and its Section 106
consultation requirements with Native
Hawaiian organizations. If DOE is
notified that a particular undertaking
may result in an adverse effect on
historic properties of religious and
cultural significance to Indian tribes or
Native Hawaiian organizations, DOE
must invite such Indian tribes or Native
Hawaiian organizations to participate in
consultation for the affected project.
Since its designation, DOE has used
the prototype PA to successfully
negotiate and execute 44 programmatic
agreements with SHPOs and state
agencies receiving DOE OWIP grants.
DOE’s direct recipients may use the
executed state agreement developed
under the prototype PA as well. The
ACHP provided guidance and technical
assistance to DOE Project Officers and
SHPOs during the negotiation and
subsequent implementation of the
agreements, for example, assisting in the
determination of appropriate treatments
and mitigation for individual projects
that resulted in adverse effects.
In the past year, DOE and the ACHP
have discussed how to extend and build
upon the program established by the
prototype PA. As part of this effort, the
ACHP, with DOE’s participation, hosted
a series of listening sessions for SHPOs.
The ACHP will also provide an
opportunity for SHPOs, tribes, Native
Hawaiian organizations, and state
agencies an opportunity to comment.
The 44 agreements executed under the
prototype PA have different expiration
dates. Several of the agreements will
expire in mid-March 2013. While the
prototype PA originally proposed a
three year duration clause for these
agreements, it is now DOE’s and the
ACHP’s intention that these agreements
should extend beyond this three year
term.
This Program Comment proposes to
extend the duration of the existing 44
agreements executed under the
prototype PA until December 31, 2020,
and provide the same duration period
for any future agreements that may be
executed under the prototype PA.
Nothing in this Program Comment
would alter or modify any other
provisions of the prototype PA or the 44
agreements, including the ability of the
parties to amend or terminate an
executed agreement prior to the
expiration date.
VerDate Mar<15>2010
16:18 Feb 21, 2013
Jkt 229001
II. Expected Benefits
As a result of the partnership with
ACHP and the development and the
administration of the prototype PA,
DOE established internal and external
training; recognized best management
practices; and utilized DOE guidance
and directives to ensure that the DOE
weatherization programs were properly
implemented in compliance with
Section 106. The prototype PA
established review efficiencies and
protocols which allowed for the grant
programs to expedite the weatherization
efforts of the homes of many low
income individuals across the country,
as well as assisted communities in
funding energy efficiency, renewable
energy, and weatherization projects for
public buildings such as schools and
courthouses. Due to the success of the
prototype PA for DOE’s weatherization
programs, other departments within
DOE have sought ACHP’s and OWIP
staff’s guidance and direction for
meeting their historic preservation
compliance responsibilities.
The proposed Program Comment
would build upon and extend the
success of the prototype PA and
continue the DOE’s program of tailored,
efficient compliance with Section 106.
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 in mid-March 2013.
III. Text of the Proposed Program
Comment
The following is the text of the
proposed Program Comment:
I. Establishment and Authority
This Program Comment was issued by
the ACHP on March 2013 pursuant to 36
CFR 800.14(e).
II. Date of Effect
This Program Comment went into
effect on March 2013.
III. Use of this Program Comment to
Extend the Duration of the Existing
Agreements Executed under the DOE
Prototype PA and for New Agreements
Executed pursuant to the Prototype PA
The DOE may continue, through
December 31, 2020, complying with its
responsibilities under Section 106 of the
National Historic Preservation Act for
its Weatherization Assistance Program
(WAP), State Energy Program (SEP), and
Energy Efficiency and Conservation
Block Grant (EECBG) in the relevant
States using the 44 agreements currently
executed, and those to be executed,
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
12337
under the ‘‘Prototype Programmatic
Agreement between the United States
Department of Energy, the State Energy
Office and the State Historic
Preservation Office regarding EECBG,
SEP and WAP Undertakings,’’
designated by the ACHP on February 8,
2010, regardless of the duration clause
of those agreements. However, if any of
those agreements gets terminated under
its own terms, DOE may no longer use
it to comply with its Section 106
responsibilities in the relevant State.
This will provide continuity in the
Section 106 review for those
undertakings covered by the existing
and any new agreements executed
under the prototype PA. This Program
Comment does not alter or modify any
provisions of the prototype PA or the 44
executed agreements other than their
duration clauses.
IV. Amendment
The ACHP may amend this Program
Comment after consulting with DOE,
NCSHPO, and other parties as
appropriate, and publishing notice in
the Federal Register to that effect.
V. Sunset Clause
This Program Comment will terminate
on December 31, 2020, unless it is
amended to extend the period in which
it is in effect.
VI. Termination
The ACHP may terminate this
Program Comment by publication of a
notice in the Federal Register thirty (30)
days before the termination takes effect.
Authority: 36 CFR 800.14(e).
Dated: February 19, 2013.
John M. Fowler,
Executive Director.
[FR Doc. 2013–04138 Filed 2–21–13; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Published Privacy Impact
Assessments on the Web
Privacy Office, DHS.
Notice of Publication of Privacy
Impact Assessments.
AGENCY:
ACTION:
The Department of Homeland
Security (DHS) Privacy Office is making
available thirty-eight Privacy Impact
Assessments (PIA) on various programs
and systems in the Department. These
assessments were approved and
published on the Privacy Office’s Web
SUMMARY:
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12336-12337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04138]
=======================================================================
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Draft Program Comment for Extending the Duration of Programmatic
Agreements Based on the Department of Energy Prototype Programmatic
Agreement for Its Weatherization Assistance Program, State Energy
Program, and Energy Efficiency and Conservation Block Grant
AGENCY: Advisory Council on Historic Preservation.
ACTION: Notice of Intent to Issue Program Comments for Extending the
Duration of Programmatic Agreements based on the Department of Energy
(DOE) Prototype Programmatic Agreement for its Weatherization
Assistance Program (WAP), State Energy Program (SEP), and Energy
Efficiency and Conservation Block Grant (EECBG).
-----------------------------------------------------------------------
SUMMARY: The Advisory Council on Historic Preservation (ACHP) is
considering issuing a Program Comment for the DOE that would continue
its program of tailored compliance with Section 106 of the National
Historic Preservation Act for the Office of Weatherization and
Intergovernmental Programs Weatherization Related Grant Programs: WAP,
SEP, and EECBG. The ACHP seeks public input on the proposed Program
Comment.
DATES: Submit comments on or before 5:00 p.m. EST, March 1, 2013.
ADDRESSES: Address all comments concerning this proposed Program
Comment to Lee Webb, Office of Federal Agency Programs, Advisory
Council on Historic Preservation, 1100 Pennsylvania Avenue, NW., Suite
803, Washington, DC 20004. You may also submit comments via fax at
(202) 606-8647 or via electronic mail at lwebb@achp.gov.
FOR FURTHER INFORMATION CONTACT: Lee Webb, (202) 606-8583,
lwebb@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 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 DOE's Office of Weatherization and Intergovernmental Programs
(OWIP) provides financial assistance to state agency applicants for
three weatherization related grant programs: WAP, SEP, and EEBG. DOE
has determined that activities carried out by these funded programs
constitute undertakings with the potential to affect historic
properties. Therefore, DOE must comply with Section 106 and its
implementing regulations for these undertakings.
The ACHP and DOE began a partnership in August 2009 to explore
possible program alternatives to tailor the Section 106 process for
these undertakings in anticipation of the dramatic increase in project
funding as a result of American Recovery and Reinvestment Act. DOE, in
consultation with the ACHP and the National Conference of State
Historic Preservation Officers, developed a prototype Programmatic
Agreement (PA) to cover three weatherization related grant programs and
to create efficiencies in the administration of these OWIP grants: WAP,
SEP, and EECBG. The prototype PA identifies a category of routine
undertakings with limited potential to affect historic properties and
exempts them from further review. The ACHP's Chairman designated the
prototype PA on February 8, 2010. Under the terms of the prototype PA,
DOE, the SHPO, and the relevant state agency receiving OWIP grants can
execute subsequent
[[Page 12337]]
agreements without ACHP involvement. Execution of an agreement pursuant
to the prototype PA presumes that DOE will conduct its government-to-
government consultation responsibilities with federal recognized Indian
tribes and its Section 106 consultation requirements with Native
Hawaiian organizations. If DOE is notified that a particular
undertaking may result in an adverse effect on historic properties of
religious and cultural significance to Indian tribes or Native Hawaiian
organizations, DOE must invite such Indian tribes or Native Hawaiian
organizations to participate in consultation for the affected project.
Since its designation, DOE has used the prototype PA to
successfully negotiate and execute 44 programmatic agreements with
SHPOs and state agencies receiving DOE OWIP grants. DOE's direct
recipients may use the executed state agreement developed under the
prototype PA as well. The ACHP provided guidance and technical
assistance to DOE Project Officers and SHPOs during the negotiation and
subsequent implementation of the agreements, for example, assisting in
the determination of appropriate treatments and mitigation for
individual projects that resulted in adverse effects.
In the past year, DOE and the ACHP have discussed how to extend and
build upon the program established by the prototype PA. As part of this
effort, the ACHP, with DOE's participation, hosted a series of
listening sessions for SHPOs. The ACHP will also provide an opportunity
for SHPOs, tribes, Native Hawaiian organizations, and state agencies an
opportunity to comment. The 44 agreements executed under the prototype
PA have different expiration dates. Several of the agreements will
expire in mid-March 2013. While the prototype PA originally proposed a
three year duration clause for these agreements, it is now DOE's and
the ACHP's intention that these agreements should extend beyond this
three year term.
This Program Comment proposes to extend the duration of the
existing 44 agreements executed under the prototype PA until December
31, 2020, and provide the same duration period for any future
agreements that may be executed under the prototype PA. Nothing in this
Program Comment would alter or modify any other provisions of the
prototype PA or the 44 agreements, including the ability of the parties
to amend or terminate an executed agreement prior to the expiration
date.
II. Expected Benefits
As a result of the partnership with ACHP and the development and
the administration of the prototype PA, DOE established internal and
external training; recognized best management practices; and utilized
DOE guidance and directives to ensure that the DOE weatherization
programs were properly implemented in compliance with Section 106. The
prototype PA established review efficiencies and protocols which
allowed for the grant programs to expedite the weatherization efforts
of the homes of many low income individuals across the country, as well
as assisted communities in funding energy efficiency, renewable energy,
and weatherization projects for public buildings such as schools and
courthouses. Due to the success of the prototype PA for DOE's
weatherization programs, other departments within DOE have sought
ACHP's and OWIP staff's guidance and direction for meeting their
historic preservation compliance responsibilities.
The proposed Program Comment would build upon and extend the
success of the prototype PA and continue the DOE's program of tailored,
efficient compliance with Section 106. 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 in mid-March
2013.
III. Text of the Proposed Program Comment
The following is the text of the proposed Program Comment:
I. Establishment and Authority
This Program Comment was issued by the ACHP on March 2013 pursuant
to 36 CFR 800.14(e).
II. Date of Effect
This Program Comment went into effect on March 2013.
III. Use of this Program Comment to Extend the Duration of the Existing
Agreements Executed under the DOE Prototype PA and for New Agreements
Executed pursuant to the Prototype PA
The DOE may continue, through December 31, 2020, complying with its
responsibilities under Section 106 of the National Historic
Preservation Act for its Weatherization Assistance Program (WAP), State
Energy Program (SEP), and Energy Efficiency and Conservation Block
Grant (EECBG) in the relevant States using the 44 agreements currently
executed, and those to be executed, under the ``Prototype Programmatic
Agreement between the United States Department of Energy, the State
Energy Office and the State Historic Preservation Office regarding
EECBG, SEP and WAP Undertakings,'' designated by the ACHP on February
8, 2010, regardless of the duration clause of those agreements.
However, if any of those agreements gets terminated under its own
terms, DOE may no longer use it to comply with its Section 106
responsibilities in the relevant State. This will provide continuity in
the Section 106 review for those undertakings covered by the existing
and any new agreements executed under the prototype PA. This Program
Comment does not alter or modify any provisions of the prototype PA or
the 44 executed agreements other than their duration clauses.
IV. Amendment
The ACHP may amend this Program Comment after consulting with DOE,
NCSHPO, and other parties as appropriate, and publishing notice in the
Federal Register to that effect.
V. Sunset Clause
This Program Comment will terminate on December 31, 2020, unless it
is amended to extend the period in which it is in effect.
VI. Termination
The ACHP may terminate this Program Comment by publication of a
notice in the Federal Register thirty (30) days before the termination
takes effect.
Authority: 36 CFR 800.14(e).
Dated: February 19, 2013.
John M. Fowler,
Executive Director.
[FR Doc. 2013-04138 Filed 2-21-13; 8:45 am]
BILLING CODE 4310-K6-P
