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 Federal  Communications  Commission  DA  03-  2116 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of 
 NATIONWIDE  PROGRAMMATIC  AGREEMENT  REGARDING  THE 
 SECTION  106  NATIONAL  HISTORIC  PRESERVATION  ACT  REVIEW  PROCESS 


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 WT  Docket  No.  03-  128 


 ERRATA 
 Adopted:  June  27,  2003  Released:  July  1,  2003 
 By  the  Deputy  Chief,  Commercial  Wireless  Division: 
 These  errata  make  the  following  changes  to  the  Notice  of  Proposed  Rulemaking,  In  The  Matter  of  Nationwide  Programmatic  Agreement  Regarding  the  Section  106  National  Historic  Preservation 
 Act  Review  Process,  FCC  03-  125,  released  on  June  9,  2003. 
 1.  Paragraph  5  is  amended  to  read  as  follows: 
 Finally,  in  conjunction  with  the  proposed  execution  of  the  Nationwide  Agreement,  we  propose  to  revise  Section  1.1307(  a)(  4)  of  our  rules.  1  Under  Section  1.1307(  a)(  4),  applicants  are 
 required  to  evaluate  whether  their  proposed  facilities  may  affect  districts,  sites,  buildings,  structures  or  objects,  significant  in  American  history,  architecture,  archeology,  engineering  or 
 culture,  that  are  listed,  or  are  eligible  for  listing,  in  the  National  Register  of  Historic  Places  and,  if  so,  to  file  an  Environmental  Assessment  and  obtain  a  Finding  of  No  Significant  Impact  (or 
 procure  completion  by  the  Commission  of  an  Environmental  Impact  Statement)  prior  to  construction.  2  The  Note  to  Section  1.1307(  a)(  4)  provides  guidance  as  to  how  applicants  should 
 perform  this  evaluation  consistent  with  the  NHPA.  In  order  to  make  clear  that  the  procedures  in  the  Nationwide  Agreement  will  be  binding  on  applicants,  and  that  non-  compliance  with 
 these  procedures  would  subject  a  party  to  potential  enforcement  action  by  the  Commission,  we  propose  to  amend  Section  1.1307(  a)(  4)  by  deleting  the  Note  and  adding  the  following  language 
 to  the  text: 


 1  47  C.  F.  R.  §  1.1307(  a)(  4). 
 2  Id.;  see  also  47  C.  F.  R.  §§  1.  1308,  1.1311. 
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 Federal  Communications  Commission  DA  03-  2116 
 The  National  Register  is  updated  and  re-  published  in  the  FEDERAL  REGISTER  each  year  in  February.  To  ascertain  whether  a  proposed  action  may  affect  properties  that  are 
 listed  or  eligible  for  listing  in  the  National  Register  of  Historic  Places,  an  applicant  shall  follow  the  procedures  set  forth  in  the  rules  of  the  Advisory  Council  on  Historic 
 Preservation,  36  C.  F.  R.  Part  800,  as  modified  and  supplemented  by  the  Nationwide  Programmatic  Agreement  for  the  Collocation  of  Wireless  Antennas,  Appendix  B  to  Part 
 1  of  this  Chapter,  and  the  Nationwide  Programmatic  Agreement  for  Review  of  Effects  on  Historic  Properties  for  Certain  Undertakings  Approved  by  the  Federal  Communications 
 Commission,  Appendix  C  to  Part  1  of  this  Chapter. 
 2.  Appendix  C  (“  Proposed  Rules”)  is  amended  to  read: 
 Subpart  I  of  Part  1  of  47  CFR  is  proposed  to  be  amended  as  follows: 
 Revise  §  1.1307(  a)(  4)  to  read  as  follows: 
 §1.1307  Actions  that  may  have  a  significant  environmental  effect,  for  which  Environmental  Assessments  (EAs)  must  be  prepared. 


 (a)*  *  * 
 (4)  Facilities  that  may  affect  districts,  sites,  buildings,  structures  or  objects,  significant  in  American  history,  architecture,  archeology,  engineering  or  culture,  that  are  listed,  or  are  eligible 
 for  listing,  in  the  National  Register  of  Historic  Places.  (See  16  U.  S.  C.  470w(  5);  36  CFR  60  and  800.)  The  National  Register  is  updated  and  re-  published  in  the  FEDERAL  REGISTER  each  year 
 in  February.  To  ascertain  whether  a  proposed  action  may  affect  properties  that  are  listed  or  eligible  for  listing  in  the  National  Register  of  Historic  Places,  an  applicant  shall  follow  the 
 procedures  set  forth  in  the  rules  of  the  Advisory  Council  on  Historic  Preservation,  36  C.  F.  R.  Part  800,  as  modified  and  supplemented  by  the  Nationwide  Programmatic  Agreement  for  the 
 Collocation  of  Wireless  Antennas,  Appendix  B  to  Part  1  of  this  Chapter,  and  the  Nationwide  Programmatic  Agreement  for  Review  of  Effects  on  Historic  Properties  for  Certain  Undertakings 
 Approved  by  the  Federal  Communications  Commission,  Appendix  C  to  Part  1  of  this  Chapter. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Jeffrey  S.  Steinberg  Deputy  Chief, 
 Commercial  Wireless  Division  Wireless  Telecommunications  Bureau 
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