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9431 Federal Register / Vol.

67, No.

41 / Friday, March 1,

2002 / Notices be arranged on a level commensurate with the subject and scope of the exemption. Since the proposed exemption was derived from, and is consistent with, the approach taken in the earlier, proposed Program Comment, the Council believes that the public participation requirement has been met through the extensive comment period already provided for that Program Comment. The Council only received a limited number of comments on the draft Program Comment. Those comments were shared, and discussed, with the Commission staff. As requested, that comment period was extended until December 9, 2001. Nevertheless, such extension only yielded one additional comment, for an overall total of

9 public comments. Likewise, although the Council made a special effort to notify SHPOs about the proposed Program Comment, comments from only three States, Arizona, Iowa, and Wyoming, were received. One of those comments was that the State had '

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no comment'

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on the proposal. Moreover, through this notice the Council is submitting the draft exemption for one last round of public comment. Neither the Council nor the Commission have engaged in the particularized consultation with Indian tribes and Native Hawaiian organizations, pursuant to

36 CFR 800.14(c)(4), since such consultation does not seem to be warranted. As stated above, the proposed exemption would not apply on tribal lands. The Council also believes that the proposed exemption will have no consequences for historic properties of religious and cultural significance, regardless of location, to any Indian tribe or Native Hawaiian organizations since it is limited to effects on only historic natural gas pipelines. V. Text of the Exemption The full text of the proposed program comment is reproduced below. Section

106 Exemption Regarding Effects to Historic Natural Gas Pipelines I. Exemption Regarding Effects to Historic Natural Gas Pipelines Except as noted on Section II, all Federal agencies are exempt from the Section

106 requirement of taking into account the effects of their undertakings on historic natural gas pipelines. II. Abandonment of Historic Natural Gas Pipelines Abandonment of a historic natural gas pipelines, in part or in whole, will qualify for the exemption under Section I, provided that the Federal agency or its applicant has documented the historic natural gas pipeline by: (a) Completing a determination of eligibility for the pipeline as a whole, which identifies contributing and non- contributing components of the pipeline, using standard information required on a National Register nomination form. The documentation must be prepared by an individual meeting the Secretary of the Interior'

s Professional Qualification Standards (48 FR 44738C9). The documentation must include the following components: (i) A brief history of construction of hte line with a bibliogrpahy recording the primary and secondary sources that were used;

(ii) Documentation through as-built drawings, historical photographs or,

35 mm photographs, as approriate, of representative examples of significant features associated with the line;

(iii) A map of the historic property set at an appropriate scale;

and (iv) An annotated bibliography of other primary and secondary sources identified during research;

and (b) Placing the documentation in an appropriate repository, accessible to the general public, in each State crossed by the pipeline, and filing the documentation with the relevant State Historic Preservation Officer(s). When the abandonment involved only a section of the historic natural gas pipeline, Federal agencies or application handling subsequent abandonment of other sections of the historic natural gas pipeline will not have to repeat the documentation requirements set forth above. III. Existing Agreements This exemption is not intended to amend, invalidate or otherwise modify Section