Preliminary List of Nationally and Exceptionally Significant Features of the Federal Interstate Highway System, 34988-34990 [E6-9454]
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34988
Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
• Closing Plenary Session (Other
Business, Establish Agenda, Date and
Place of Next Meeting if necessary,
Adjourn).
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairmen,
member of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC, on June 7, 2006.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 06–5448 Filed 6–15–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA–2006–24902]
Preliminary List of Nationally and
Exceptionally Significant Features of
the Federal Interstate Highway System
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice; request for comments.
AGENCY:
wwhite on PROD1PC61 with NOTICES
SUMMARY: The FHWA is seeking public
input on preliminary list of elements to
be excluded from exemptions of the
Interstate Highway System from
consideration as historic property under
the provisions of section 106 of the
National Historic Preservation Act and
section 4(f) of the Department of
Transportation Act of 1966.1 This list is
available at https://
www.environment.fhwa.dot.gov/
histpres/index.asp. This notice contains
a link to and the process for interested
members of the public to comment on
the preliminary list of elements to be
excluded from the respective
exemptions of the Interstate Highway
System from consideration as historic
property under the authorities cited
above. Comments received from the
public will be factored into
development of a final list of
exceptional elements of the Interstate
System.
1 Section 4(f) of the Department of Transportation
Act of 1966 was technically repealed in 1983 when
it was codified without substantive change at 49
U.S.C. 303. A provision with the same meaning is
found at 23 U.S.C. 138 and applies only to FHWA
actions. We continue to refer to section 4(f) as such
because it would create needless confusion to do
otherwise; the policies section 4(f) engendered are
widely referred to as ‘‘Section 4(f)’’ matters.
VerDate Aug<31>2005
20:04 Jun 15, 2006
Jkt 208001
Comments must be received on
or before July 17, 2006.
ADDRESSES: Mail or hand deliver
comments to the U.S. Department of
Transportation, Dockets Management
Facility, Room PL–401, 400 Seventh
Street, SW., Washington, DC 20590, or
submit electronically at https://
dms.dot.gov or fax comments to (202)
493–2251. All comments should include
the docket number that appears in the
heading of this document. All
comments received will be available for
examination and copying at the above
address from 9 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. Those desiring notification of
receipt of comments must include a selfaddressed, stamped postcard or may
print the acknowledgment page that
appears after submitting comments
electronically. Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). Persons
making comments may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70, Pages
19477–78), or may visit https://
dems.dot.gov.
FOR FURTHER INFORMATION CONTACT:
MaryAnn Naber, HEPE, (202) 366–2060;
Federal Highway Administration; 400
7th Street, SW., Washington, DC 20590;
Harold Aikens, Office of the Chief
Counsel, HCC–30, (202) 366–0791;
Federal Highway Administration, 400
Seventh Street, SW., Washington, DC
20590–0001. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
DATES:
Electronic Access and Filing
You may submit or retrieve online
through the Document Management
system (DMS) at: https://dmses.dot.gov/
submit. The DMS is available 24-hours
each day, 365 days each year. Electronic
submission and retrieval help and
guidelines are available under the help
section of the Web site.
An electronic copy of this document
may be downloaded by using the
Internet to reach the Office of the
Federal Register’s home page at https://
www.archives.gov and the Government
Printing Office’s Web site at https://
www.access.gpo.gov/nara.
I. Background
Section 106 requires that Federal
agencies take into account the effect of
their actions on historic properties and
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afford the Advisory Council on Historic
Preservation (ACHP) an opportunity to
comment on those effects. Historic
properties are defined as those either
listed on or eligible for inclusion in the
National Register of Historic Places
(National Register).2 Section 4(f)
mandates that DOT agencies may not
use historic sites, among other protected
resources, unless there is no prudent
and feasible alternative. As the Dwight
D. Eisenhower National System of
Interstate and Defense Highways
(Interstate System) approached the 50th
Anniversary, some of its elements were
already at least 50 years of age and large
sections would soon be achieving that
mark at which resources are often
evaluated for historic significance. The
potential for vast sections of the
Interstate System to be considered
historic raised the issue of an
overwhelming administrative burden for
the myriad routine undertakings
affecting the Interstate System, even for
basic maintenance and improvements.
Accordingly, on February 18, 2005, the
ACHP adopted the Section 106
Exemption Regarding Effects to the
Interstate Highway System.3 This
exemption effectively excludes the
majority of the 46,700-mile Interstate
System from consideration as a historic
property under section 106 of the
National Historic Preservation Act
(NHPA). In addition, the recently
enacted Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU) reauthorization legislation (Pub. L. 109–
59, August 10, 2005) includes a
provision (Section 6007) that exempts
the bulk of the Interstate Highway
System from consideration as a historic
property under section 4(f) of the
Department of Transportation Act. With
these two exemptions in place, all
Federal agencies are no longer required
to consider the vast majority of the
Interstate Highway System as historic
property under section 106 and section
4(f) requirements.
Highways comprising the Interstate
Highway System are denoted by the
official red, white, and blue, or green
2 The National Register of Historic Places is the
Nation’s official list of cultural resources worthy of
preservation. Authorized under the National
Historic Preservation Act of 1966, the National
Register is part of a national program to coordinate
and support public and private efforts to identify,
evaluate, and protect our historic and archeological
resources. Properties listed in the Register include
districts, sites, buildings, structures, and objects
that are significant in American history,
architecture, engineering, and culture. The National
Park Service administers the National Register.
3 The ACHP’s approved exemption was published
in the Federal Register on March 10, 2005, at 70
FR 11928.
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Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
wwhite on PROD1PC61 with NOTICES
and white in Alaska, Interstate Highway
System shield.4 All facilities within the
right-of-way of these highways (e.g.,
road bed, engineering features, bridges,
tunnels, rest stops, interchanges, offramps, on-ramps, etc.) are considered to
be part of the Interstate Highway
System. Other highways (e.g., U.S.
routes, State routes, etc.) not designated
with the official shield are not part of
the Interstate Highway System, and
therefore are not eligible for either
exemption.
Under Section II of the ACHP’s
section 106 exemption, certain elements
of the Interstate Highway System, such
as bridges, tunnels, and rest stops, shall
be excluded from the exemption’s
provisions if they have national and/or
exceptional historic significance.
Section III of the ACHP’s section 106
exemption sets forth the criteria by
which the FHWA shall identify these
elements in consultation with
stakeholders in each State. Section 6007
of SAFETEA–LU (codified at 23 U.S.C.
103(c)(5)) adopts by reference the same
process for identifying exclusions to the
section 4(f) exemption. Elements
identified for exclusion will continue to
be subject to the requirements of
sections 106 and 4(f). It does not mean
that the excluded facilities cannot be
modernized, rehabilitated, expanded or
replaced after appropriate consideration
under the aforementioned statutes.
II. Process
The ACHP’s section 106 exemption
directed FHWA, at the headquarters
level, to work with stakeholders at the
State and local levels, to compile a list
of excluded elements prior to the 50th
Anniversary of the Interstate Highway
System on June 29, 2006. The criteria
set forth in the language of the
respective exemptions were used to
guide the process of identifying
Interstate Highway System elements
that should remain subject to section
106 and 4(f) requirements. Also, to
assist in the process, the FHWA
commissioned preparation of a historic
context report for the Interstate Highway
System (Interstate Historic Context
Report). This report provides a detailed
history of the evolution, development of
design standards, and construction of
the Interstate Highway System. It
explains how the Interstate Highway
System is significant within the areas of
engineering, transportation, social
history, and commerce, and it provides
some specific examples of elements that
4 See Section 2D.11 of the Manual on Uniform
Traffic Control Devices (MUTCD) for more
information about the design of route signs. The
MUTCD is available at the following URL: https://
mutcd.fhwa.dot.gov/pdfs/2003/pdf.index.htm.
VerDate Aug<31>2005
18:25 Jun 15, 2006
Jkt 208001
are important within these areas. The
draft context report is available at:
https://www.environment.fhwa.dot.gov/
histpres/index.asp.
III. Exclusion Criteria
Individual elements that are excluded
from the exemptions may include
bridges, tunnels, rest areas, medians,
interchanges, ramps, highway segments,
culverts, pedestrian overcrossings,
lookout sites, visitor centers, retaining
walls, signage, lighting, toll booths, and
landscaping that are part of the
Interstate Highway System. Elements
must possess adequate integrity to
convey their importance within the
appropriate area(s) of significance:
Engineering, transportation, social
history, or commerce. In addition, per
Section III of the ACHP’s section 106
exemption, elements must meet at least
one of the following criteria:
1. National Significance. The element
is at least 50 years old and meets the
National Register criteria 5 for national
significance as defined in 36 CFR 65.4.
In particular, the quality of national
significance is ascribed to resources that
possess exceptional value or quality in
illustrating or interpreting the heritage
of the United States in history,
architecture, archeology, engineering,
and culture and that possess a high
degree of integrity.
2. Exceptional Significance. The
element is less than 50 years old and
meets the National Register criteria
consideration for exceptional
importance. The first step in evaluating
properties of recent significance is to
identify the appropriate area(s) of
significance: engineering,
transportation, social history, or
commerce. Then, deliberate and distinct
justification for the ‘‘exceptional
importance’’ of the resource must be
made. The phrase ‘‘exceptional
importance’’ may be applied to the
element’s extraordinary impact on an
event or for the quality of its design or
because it may be one of very few
survivors of a resource type. Standard
design elements, by their very nature,
are not exceptional.
3. Listed or Determined Eligible by the
Keeper. The element is listed in the
National Register or has previously been
determined eligible by the Keeper of the
National Register.
4. State or Local Significance. At the
discretion of the FHWA, elements may
be included in the list of excluded
elements if they are at least 50 years old,
5 Information on the National Register standards
for evaluating the significance of properties and its
criteria for listing may be found at the following
URL: https://www.cr.nps.gov/nr/listing.htm.
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34989
were later incorporated into the
Interstate Highway System, and meet
the National Register criteria for
evaluation as defined in 36 CFR 60.4 at
the State or local level of significance.
IV. Methodology
The FHWA identified exceptional
elements for the preliminary list by
soliciting input and conducting
facilitated meetings with key
representatives from each State and the
District of Columbia. The details of this
process are described in the following
paragraphs.
Points of contact from the FHWA
Division Offices, Departments of
Transportation (DOTs), and State
Historic Preservation Offices (SHPOs)
were identified within each of the 50
States and the District of Columbia.
Where possible, contacts also were
identified within organizations capable
of providing additional information
relevant to this process (e.g., facility
owners, local, State, or national roadrelated historical groups).
Guidance materials for applying the
criteria detailed above were prepared
and distributed to the points of contact
identified within each State. These
materials included representative
examples of property types and
individual historic elements. After
distributing the guidance materials and
appropriate background information to
each State’s ‘‘team’’ of representatives,
FHWA held State-by-State conference
calls, inviting pertinent points of
contact identified within each State to
participate. These calls were facilitated
by qualified cultural resource
management specialists and were
intended to: (a) Ensure that all team
members understood the details of the
exemptions and the criteria for
identifying potentially significant
elements; and (b) provide a forum for
brainstorming for potential elements
within the State that merited
consideration for exclusion. In cases
where all points of contact were not able
to participate in the initial conference
call, absent individuals were contacted
separately by phone and provided with
meeting minutes to keep them apprised
of the project and any relevant
discussions.
Following the initial round of 51
conference calls, each State team was
given several weeks to collaborate and
determine whether there was consensus
on a list of elements to be excluded from
the exemptions. As necessary, the
FHWA provided support to conduct
limited research on potentially
significant elements. Teams were asked
to provide the FHWA with standardized
information for each of the resources
E:\FR\FM\16JNN1.SGM
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34990
Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices
identified in their lists including,
location (Interstate number and
milepost and/or crossing), name of
resource, property type, year(s) of
construction, level of significance
(national, State, or local), and nature of
significance for inclusion in the list. In
addition, teams were asked to provide
brief justifications of significance for
each element on the list. As expected by
the FHWA, some States were unable to
identify any Interstate Highway System
elements that strongly convey a
particular area of significance at a level
of exceptional or national importance.
V. Public Participation
wwhite on PROD1PC61 with NOTICES
Based on the lists submitted by each
State, the FHWA compiled a
preliminary national list of elements to
be excluded from the exemptions. This
draft list is available at the following
URL: https://
www.environment.fhwa.dot.gov/
histpres/index.asp. Through public
input and stakeholder involvement, the
FHWA intends to refine the preliminary
list of exceptional Interstate System
elements. The draft list will be e-mailed
to all stakeholders who participated in
the process of identifying historic
elements, as well as any additional
individuals or organizations identified
by the FHWA Division Offices, State
DOTs, and SHPOs as having an interest.
The FHWA is interested in feedback
concerning the following specific
aspects of the preliminary list:
• Whether it should include
additional elements, which would
continue to be considered as historic
properties under the provisions of
section 106 and section 4(f).
• Whether certain sites should be
excluded from the final list based on
application of the stated criteria.
Considerable stakeholder input has
already been received and taken into
consideration in developing this
preliminary list. In addition, the section
106 exemption, which was previously
published in the Federal Register and
subject to public comments, requires the
FHWA to designate, by June 30, 2006,
individual elements on the Interstate
System that will continue to be
considered under section 106.
Accordingly, the FHWA believe that a
30-day comment period for input from
the general public at this time is deemed
to be adequate. Commenters should
submit comments as indicated above
under SUPPLEMENTARY INFORMATION.
Authority: 23 U.S.C. 103(c)(5)(B); Sec.
6007, Public Law 109–59.
VerDate Aug<31>2005
18:25 Jun 15, 2006
Jkt 208001
Issued on: June 12, 2006.
J. Richard Capka,
Federal Highway Administrator.
[FR Doc. E6–9454 Filed 6–15–06; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting these
information collection requirements for
clearance by the Office of Management
and Budget (OMB), FRA is soliciting
public comment on specific aspects of
the activities identified below.
DATES: Comments must be received no
later than August 15, 2006.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1120 Vermont
Ave., NW., Mail Stop 25, Washington,
DC 20590, or Mr. Victor Angelo, Office
of Support Systems, RAD–43, Federal
Railroad Administration, 1120 Vermont
Ave., NW., Mail Stop 35, Washington,
DC 20590. Commenters requesting FRA
to acknowledge receipt of their
respective comments must include a
self-addressed stamped postcard stating,
‘‘Comments on OMB control
numberllllll.’’ Alternatively,
comments may be transmitted via
facsimile to (202) 493–6230 or (202)
493–6170, or e-mail to Mr. Brogan at
robert.brogan@dot.gov, or to Mr. Angelo
at victor.angelo@dot.gov. Please refer to
the assigned OMB control number in
any correspondence submitted. FRA
will summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1120 Vermont
Ave., NW., Mail Stop 25, Washington,
DC 20590 (telephone: (202) 493–6292)
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Sfmt 4703
or Victor Angelo, Office of Support
Systems, RAD–43, Federal Railroad
Administration, 1120 Vermont Ave.,
NW., Mail Stop 35, Washington, DC
20590 (telephone: (202) 493–6470).
(These telephone numbers are not tollfree.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, § 2, 109 Stat.
163 (1995) (codified as revised at 44
U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60-days notice to the public for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(i)–(iv); 5 CFR
1320.8(d)(1)(i)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
Below are brief summaries of the
three currently approved information
collection activities that FRA will
submit for clearance by OMB as
required under the PRA:
Title: State Safety Participation
Regulations and Remedial Actions.
OMB Control Number: 2130–0509.
E:\FR\FM\16JNN1.SGM
16JNN1
]]>Agencies
[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34988-34990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9454]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-2006-24902]
Preliminary List of Nationally and Exceptionally Significant
Features of the Federal Interstate Highway System
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FHWA is seeking public input on preliminary list of
elements to be excluded from exemptions of the Interstate Highway
System from consideration as historic property under the provisions of
section 106 of the National Historic Preservation Act and section 4(f)
of the Department of Transportation Act of 1966.\1\ This list is
available at https://www.environment.fhwa.dot.gov/histpres/index.asp.
This notice contains a link to and the process for interested members
of the public to comment on the preliminary list of elements to be
excluded from the respective exemptions of the Interstate Highway
System from consideration as historic property under the authorities
cited above. Comments received from the public will be factored into
development of a final list of exceptional elements of the Interstate
System.
---------------------------------------------------------------------------
\1\ Section 4(f) of the Department of Transportation Act of 1966
wastechnically repealed in 1983 when it was codified without
substantive change at 49 U.S.C. 303. A provision with the same
meaning is found at 23 U.S.C. 138 and applies only to FHWA actions.
We continue to refer to section 4(f) as such because it would create
needless confusion to do otherwise; the policies section 4(f)
engendered are widely referred to as ``Section 4(f)'' matters.
---------------------------------------------------------------------------
DATES: Comments must be received on or before July 17, 2006.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at https://
dms.dot.gov or fax comments to (202) 493-2251. All comments should
include the docket number that appears in the heading of this document.
All comments received will be available for examination and copying at
the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday,
except Federal holidays. Those desiring notification of receipt of
comments must include a self-addressed, stamped postcard or may print
the acknowledgment page that appears after submitting comments
electronically. Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). Persons making
comments may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70, Pages
19477-78), or may visit https://dems.dot.gov.
FOR FURTHER INFORMATION CONTACT: MaryAnn Naber, HEPE, (202) 366-2060;
Federal Highway Administration; 400 7th Street, SW., Washington, DC
20590; Harold Aikens, Office of the Chief Counsel, HCC-30, (202) 366-
0791; Federal Highway Administration, 400 Seventh Street, SW.,
Washington, DC 20590-0001. Office hours are from 7:45 a.m. to 4:15
p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve online through the Document Management
system (DMS) at: https://dmses.dot.gov/submit. The DMS is available 24-
hours each day, 365 days each year. Electronic submission and retrieval
help and guidelines are available under the help section of the Web
site.
An electronic copy of this document may be downloaded by using the
Internet to reach the Office of the Federal Register's home page at
https://www.archives.gov and the Government Printing Office's Web site
at https://www.access.gpo.gov/nara.
I. Background
Section 106 requires that Federal agencies take into account the
effect of their actions on historic properties and afford the Advisory
Council on Historic Preservation (ACHP) an opportunity to comment on
those effects. Historic properties are defined as those either listed
on or eligible for inclusion in the National Register of Historic
Places (National Register).\2\ Section 4(f) mandates that DOT agencies
may not use historic sites, among other protected resources, unless
there is no prudent and feasible alternative. As the Dwight D.
Eisenhower National System of Interstate and Defense Highways
(Interstate System) approached the 50th Anniversary, some of its
elements were already at least 50 years of age and large sections would
soon be achieving that mark at which resources are often evaluated for
historic significance. The potential for vast sections of the
Interstate System to be considered historic raised the issue of an
overwhelming administrative burden for the myriad routine undertakings
affecting the Interstate System, even for basic maintenance and
improvements. Accordingly, on February 18, 2005, the ACHP adopted the
Section 106 Exemption Regarding Effects to the Interstate Highway
System.\3\ This exemption effectively excludes the majority of the
46,700-mile Interstate System from consideration as a historic property
under section 106 of the National Historic Preservation Act (NHPA). In
addition, the recently enacted Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) re-
authorization legislation (Pub. L. 109-59, August 10, 2005) includes a
provision (Section 6007) that exempts the bulk of the Interstate
Highway System from consideration as a historic property under section
4(f) of the Department of Transportation Act. With these two exemptions
in place, all Federal agencies are no longer required to consider the
vast majority of the Interstate Highway System as historic property
under section 106 and section 4(f) requirements.
---------------------------------------------------------------------------
\2\ The National Register of Historic Places is the Nation's
official list ofcultural resources worthy of preservation.
Authorized under the National Historic Preservation Act of 1966, the
National Register is part of a national program to coordinate and
support public and private efforts to identify, evaluate, and
protect our historic and archeological resources. Properties listed
in the Register include districts, sites, buildings, structures, and
objects that are significant in American history, architecture,
engineering, and culture. The National Park Service administers the
National Register.
\3\ The ACHP's approved exemption was published in the Federal
Register on March 10, 2005, at 70 FR 11928.
---------------------------------------------------------------------------
Highways comprising the Interstate Highway System are denoted by
the official red, white, and blue, or green
[[Page 34989]]
and white in Alaska, Interstate Highway System shield.\4\ All
facilities within the right-of-way of these highways (e.g., road bed,
engineering features, bridges, tunnels, rest stops, interchanges, off-
ramps, on-ramps, etc.) are considered to be part of the Interstate
Highway System. Other highways (e.g., U.S. routes, State routes, etc.)
not designated with the official shield are not part of the Interstate
Highway System, and therefore are not eligible for either exemption.
---------------------------------------------------------------------------
\4\ See Section 2D.11 of the Manual on Uniform Traffic
ControlDevices (MUTCD) for more information about the design of
route signs. The MUTCD is available at the following URL: https://
mutcd.fhwa.dot.gov/pdfs/2003/pdf.index.htm.
---------------------------------------------------------------------------
Under Section II of the ACHP's section 106 exemption, certain
elements of the Interstate Highway System, such as bridges, tunnels,
and rest stops, shall be excluded from the exemption's provisions if
they have national and/or exceptional historic significance. Section
III of the ACHP's section 106 exemption sets forth the criteria by
which the FHWA shall identify these elements in consultation with
stakeholders in each State. Section 6007 of SAFETEA-LU (codified at 23
U.S.C. 103(c)(5)) adopts by reference the same process for identifying
exclusions to the section 4(f) exemption. Elements identified for
exclusion will continue to be subject to the requirements of sections
106 and 4(f). It does not mean that the excluded facilities cannot be
modernized, rehabilitated, expanded or replaced after appropriate
consideration under the aforementioned statutes.
II. Process
The ACHP's section 106 exemption directed FHWA, at the headquarters
level, to work with stakeholders at the State and local levels, to
compile a list of excluded elements prior to the 50th Anniversary of
the Interstate Highway System on June 29, 2006. The criteria set forth
in the language of the respective exemptions were used to guide the
process of identifying Interstate Highway System elements that should
remain subject to section 106 and 4(f) requirements. Also, to assist in
the process, the FHWA commissioned preparation of a historic context
report for the Interstate Highway System (Interstate Historic Context
Report). This report provides a detailed history of the evolution,
development of design standards, and construction of the Interstate
Highway System. It explains how the Interstate Highway System is
significant within the areas of engineering, transportation, social
history, and commerce, and it provides some specific examples of
elements that are important within these areas. The draft context
report is available at: https://www.environment.fhwa.dot.gov/histpres/
index.asp.
III. Exclusion Criteria
Individual elements that are excluded from the exemptions may
include bridges, tunnels, rest areas, medians, interchanges, ramps,
highway segments, culverts, pedestrian overcrossings, lookout sites,
visitor centers, retaining walls, signage, lighting, toll booths, and
landscaping that are part of the Interstate Highway System. Elements
must possess adequate integrity to convey their importance within the
appropriate area(s) of significance: Engineering, transportation,
social history, or commerce. In addition, per Section III of the ACHP's
section 106 exemption, elements must meet at least one of the following
criteria:
1. National Significance. The element is at least 50 years old and
meets the National Register criteria \5\ for national significance as
defined in 36 CFR 65.4. In particular, the quality of national
significance is ascribed to resources that possess exceptional value or
quality in illustrating or interpreting the heritage of the United
States in history, architecture, archeology, engineering, and culture
and that possess a high degree of integrity.
---------------------------------------------------------------------------
\5\ Information on the National Register standards for
evaluating thesignificance of properties and its criteria for
listing may be found at the following URL: https://www.cr.nps.gov/nr/
listing.htm.
---------------------------------------------------------------------------
2. Exceptional Significance. The element is less than 50 years old
and meets the National Register criteria consideration for exceptional
importance. The first step in evaluating properties of recent
significance is to identify the appropriate area(s) of significance:
engineering, transportation, social history, or commerce. Then,
deliberate and distinct justification for the ``exceptional
importance'' of the resource must be made. The phrase ``exceptional
importance'' may be applied to the element's extraordinary impact on an
event or for the quality of its design or because it may be one of very
few survivors of a resource type. Standard design elements, by their
very nature, are not exceptional.
3. Listed or Determined Eligible by the Keeper. The element is
listed in the National Register or has previously been determined
eligible by the Keeper of the National Register.
4. State or Local Significance. At the discretion of the FHWA,
elements may be included in the list of excluded elements if they are
at least 50 years old, were later incorporated into the Interstate
Highway System, and meet the National Register criteria for evaluation
as defined in 36 CFR 60.4 at the State or local level of significance.
IV. Methodology
The FHWA identified exceptional elements for the preliminary list
by soliciting input and conducting facilitated meetings with key
representatives from each State and the District of Columbia. The
details of this process are described in the following paragraphs.
Points of contact from the FHWA Division Offices, Departments of
Transportation (DOTs), and State Historic Preservation Offices (SHPOs)
were identified within each of the 50 States and the District of
Columbia. Where possible, contacts also were identified within
organizations capable of providing additional information relevant to
this process (e.g., facility owners, local, State, or national road-
related historical groups).
Guidance materials for applying the criteria detailed above were
prepared and distributed to the points of contact identified within
each State. These materials included representative examples of
property types and individual historic elements. After distributing the
guidance materials and appropriate background information to each
State's ``team'' of representatives, FHWA held State-by-State
conference calls, inviting pertinent points of contact identified
within each State to participate. These calls were facilitated by
qualified cultural resource management specialists and were intended
to: (a) Ensure that all team members understood the details of the
exemptions and the criteria for identifying potentially significant
elements; and (b) provide a forum for brainstorming for potential
elements within the State that merited consideration for exclusion. In
cases where all points of contact were not able to participate in the
initial conference call, absent individuals were contacted separately
by phone and provided with meeting minutes to keep them apprised of the
project and any relevant discussions.
Following the initial round of 51 conference calls, each State team
was given several weeks to collaborate and determine whether there was
consensus on a list of elements to be excluded from the exemptions. As
necessary, the FHWA provided support to conduct limited research on
potentially significant elements. Teams were asked to provide the FHWA
with standardized information for each of the resources
[[Page 34990]]
identified in their lists including, location (Interstate number and
milepost and/or crossing), name of resource, property type, year(s) of
construction, level of significance (national, State, or local), and
nature of significance for inclusion in the list. In addition, teams
were asked to provide brief justifications of significance for each
element on the list. As expected by the FHWA, some States were unable
to identify any Interstate Highway System elements that strongly convey
a particular area of significance at a level of exceptional or national
importance.
V. Public Participation
Based on the lists submitted by each State, the FHWA compiled a
preliminary national list of elements to be excluded from the
exemptions. This draft list is available at the following URL: https://
www.environment.fhwa.dot.gov/histpres/index.asp. Through public input
and stakeholder involvement, the FHWA intends to refine the preliminary
list of exceptional Interstate System elements. The draft list will be
e-mailed to all stakeholders who participated in the process of
identifying historic elements, as well as any additional individuals or
organizations identified by the FHWA Division Offices, State DOTs, and
SHPOs as having an interest. The FHWA is interested in feedback
concerning the following specific aspects of the preliminary list:
Whether it should include additional elements, which would
continue to be considered as historic properties under the provisions
of section 106 and section 4(f).
Whether certain sites should be excluded from the final
list based on application of the stated criteria.
Considerable stakeholder input has already been received and taken into
consideration in developing this preliminary list. In addition, the
section 106 exemption, which was previously published in the Federal
Register and subject to public comments, requires the FHWA to
designate, by June 30, 2006, individual elements on the Interstate
System that will continue to be considered under section 106.
Accordingly, the FHWA believe that a 30-day comment period for input
from the general public at this time is deemed to be adequate.
Commenters should submit comments as indicated above under
SUPPLEMENTARY INFORMATION.
Authority: 23 U.S.C. 103(c)(5)(B); Sec. 6007, Public Law 109-59.
Issued on: June 12, 2006.
J. Richard Capka,
Federal Highway Administrator.
[FR Doc. E6-9454 Filed 6-15-06; 8:45 am]
BILLING CODE 4910-22-P
