[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Rules and Regulations]
[Pages 4646-4649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2386]
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COMMISSION OF FINE ARTS
45 CFR Parts 2101, 2102, and 2103
Procedures and Policies
AGENCY: The Commission of Fine Arts.
ACTION: Final rule.
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SUMMARY: This document amends the procedures and policies governing the
administration of the U.S. Commission of Fine Arts. The current wording
is incomplete and has become obsolete or incorrect in several of its
parts. This document serves to clarify the functions and requirements
of the agency in order to address more efficiently the needs of the
Federal government and the public.
EFFECTIVE DATE: March 3, 1997.
FOR FURTHER INFORMATION CONTACT: Charles H. Atherton, Secretary,
(202) 504-2200.
SUPPLEMENTARY INFORMATION: As established by Congress in 1910, the
Commission of Fine Arts is a small independent advisory body made up of
seven Presidentially appointed ``well qualified judges of the arts''
whose primary role is architectural review of designs for buildings,
parks, monuments and memorials erected by the Federal or District of
Columbia governments in Washington, D.C. In addition to architectural
review, the Commission considers and advises on the designs for coins,
medals and U.S. memorials on foreign soil. The Commission also advises
the District of Columbia government on private building projects within
the Georgetown Historic District, the Rock Creek Park perimeter and the
Monumental Core area. The Commission advises Congress, the President,
Federal agencies, and the District of Columbia government on the
general subjects of design, historic preservation and on orderly
planning on matters within its jurisdiction.
The regulations revised in this rule were last published in the
Federal Register on November 21, 1979 (44 FR 67050). Specific items
this document amends include providing the current address and
telephone number of the agency, publishing formerly omitted Public Laws
for which the agency is responsible (Heraldic services provided by the
Department of the Army, 10 U.S.C. 4594; Commemorative Works, 40 U.S.C.
1001), clarifying a series of procedural functions, and in general
correcting ambiguous or grammatically questionable phraseology.
Therefore, as these changes clarify established procedures and are
minor in nature, the Commission determines that notice and comment are
unnecessary and that, in accordance with 5 U.S.C. 553 (b)(B), good
cause to waive notice and comment is established.
List of Subjects
45 CFR Part 2101
Organization and Functions (Government agencies).
45 CFR Part 2102
Administrative practice and procedure, Sunshine Act.
45 CFR Part 2103
Administrative practice and procedure.
This document was prepared under the direction of Charles H.
Atherton, Secretary, U.S. Commission of Fine Arts, 441 F Street, N.W.,
Suite 312, Washington, D.C., 20001.
Accordingly, for the reasons set forth above, Parts 2101, 2102, and
2103 are amended as set forth below.
Signed at Washington, D.C., this 24th day of January, 1997.
Charles H. Atherton,
Secretary, U.S. Commission of Fine Arts.
CFA hereby revises 45 CFR Parts 2101, 2102 and 2103 to read as
follows:
PART 2101--FUNCTIONS AND ORGANIZATION
Subpart A--Functions and Responsibilities of the Commission
Sec.
2101.1 Statutory and Executive Order authority.
2101.2 Relationships of Commission's functions to responsibilities
of other government units.
Subpart B--General Organization
2101.10 The Commission.
2101.11 Secretary to the Commission.
2101.12 Georgetown Board of Architectural Consultants.
Authority: Pub. L. 81-808, 64 Stat. 903; 10 U.S.C. 4594; 36
U.S.C. 124; 40 U.S.C. 72, 104, 106, 121, 1001; E.O. 1259 of October
25, 1910; E.O. 1862 of November 28, 1913; and E.O. 3524 of July 28,
1921.
Subpart A--Functions and Responsibilities of the Commission
Sec. 2101.1 Statutory and Executive Order Authority.
The Commission of Fine Arts (referred to as the ``Commission'')
functions pursuant to statutes of the United States and Executive
Orders of Presidents, as follows:
(a) Public buildings, other structures, and parklands. (1) For
public buildings to be erected in the District of Columbia by the
federal government and for other structures to be so erected which
affect the appearance of the city, the Commission comments and advises
on the plans and on the merits of the designs before final approval or
action;
(2) For statues, fountains and monuments to be erected in the
District of Columbia under authority of the federal government, the
Commission advises upon their location in public squares, streets, and
parks, and the merits of their designs;
(3) For monuments to be erected at any location pursuant to the
American Battle Monuments Act, the Commission approves the designs
before they are accepted by the American Battle Monuments Commission
(See also Sec. 2101.1 (g));
(4) For parks within the District of Columbia, when plans of
importance are under consideration, the Commission advises upon the
merits of the designs; and
(5) For the selection by the National Capital Planning Commission
of lands suitable for development of the National Capital park,
parkway, and playground system in the District of Columbia, Maryland,
and Virginia, the Commission provides advice.
(b) Private buildings bordering certain public areas in Washington,
D.C. (Shipstead-Luce Act). For buildings to be erected or altered \1\
in locations which border the Capitol, the White House, the
intermediate portion of Pennsylvania Avenue, the Mall Park System,
Lafayette Park, the Zoological Park, Rock Creek Park or Parkway, or
Potomac Park or Parkway, or are otherwise within areas defined by the
official plats prepared pursuant to Sec. 2 of the Shipstead-Luce Act,
the Commission reviews the plans as they relate to height and
appearance, color and materials of the exteriors, and
[[Page 4647]]
makes recommendations to the Government of the District of Columbia
which, in the judgement of the Commission, are necessary to prevent
reasonably avoidable impairment of the public values represented by the
areas along which the buildings border. (Shipstead-Luce Act, 46 Stat.
366 as amended (40 U.S.C. 121; D.C. Code 5-410).)
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\1\ Alteration does not include razing (Commissioner of the
District of Columbia v. Bennenson, D.C. Court of App. 1974, 329 A.2d
437). Partial demolition, however, is viewed as an alteration (The
Committee to Preserve Rhodes Tavern and the Natl. Processional Route
v. Oliver T. Carr Company, et. al., U.S. Court of App. for D.C.
Cir., 1979, 79-1457, Dept. Justice Brief for Fed. Appellee).
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(c) Georgetown buildings (Old Georgetown Act). For buildings to be
constructed, altered, reconstructed, or razed within the area of the
District of Columbia known as ``Old Georgetown'', the Commission
reviews and reports to the District of Columbia Government on proposed
exterior architectural features, height, appearance, color, and texture
of exterior materials as would be seen from public space; and the
Commission makes recommendations to such government as to the effect of
the plans on the preservation and protection of places and areas that
have historic interest or that manifest exemplary features and types of
architecture, including recommendations for any changes in plans
necessary in the judgement of the Commission to preserve the historic
value of Old Georgetown, and takes any such actions as in the judgement
of the Commission are right or proper in the circumstances. (Old
Georgetown Act, Public Law 81-808, 64 Stat. 903 (D.C. Code 5-801).)
(d) United States medals, insignia, and coins. On medals, insignia,
and coins to be produced by an executive department of the United
States including the Mint, the Commission advises as to the merits of
their designs which shall be submitted before the executive officer
having charge of the same shall approve thereof.
(e) Heraldic services provided by the Department of the Army. The
Commission upon request advises the Heraldic Branch of the Army upon
the merits of proposed designs for medals, insignia, seals, etc.
prepared under the authority of the Act of August 26, 1957 to furnish
heraldic services to the other departments and agencies of the
government.
(f) Questions of art with which the Federal government is
concerned. When required to do so by the President or by Committees of
either House of Congress, the Commission advises generally on questions
of art, and whenever questions of such nature are submitted to it by an
officer or department of the federal government the Commission advises
and comments.
(g) Commemorative works. The Commemorative Works Act provides
standards for placement of commemorative works on certain federal lands
in the District of Columbia and its environs, and for other purposes;
and requires site and design approval of all commemorative works by the
Commission of Fine Arts, National Capital Planning Commission, and (as
appropriate) the Secretary of Interior or the Administrator of General
Services. The sponsoring agencies therefore shall submit designs to the
Commission for review and shall provide such design changes as may be
required to obtain approval.
Sec. 2101.2 Relationships of Commission's functions to
responsibilities of other government units.
(a) Projects involving the Capitol building and the Library of
Congress. Plans concerning the Capitol building and the buildings of
the Library of Congress are outside the purview of the Commission
except as to questions on which the Committees of Congress require the
Commission to advise.
(b) Other Federal government projects. Officers and departments of
the federal government responsible for finally approving or acting upon
proposed projects within the purview of the Commission's functions as
described in Sec. 2101.1 (a) are required first to submit plans or
designs for such projects to the Commission for its advice and
comments.
(c) Projects within the jurisdiction of the District of Columbia
government. The District of Columbia seeks Commission advice on
exterior alteration or new construction of public buildings or major
public works within its boundaries. The District of Columbia government
also shall seek Commission advice on certain private construction
requiring building or demolition permits from the D.C. Permit Branch
(D.C. Law 5-422). These include certain actions by the District of
Columbia government pursuant to either D.C. Law 5-422 or D.C. Law 2-144
within areas subject to the Shipstead-Luce or Old Georgetown Acts
(Sec. 2101.1 (b) and (c)) prior to the issuance of a permit.\2\
Alterations of buildings, demolition, or new construction at
individually designated landmarks or within historic districts are
further subject to the permit requirements of the Historic Landmark and
Historic District Protection Act of 1978 (D.C. Law 2-144). Upon
request, advice will be given on the subject of lot subdivisions.
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\2\ Provisions of the Shipstead-Luce Act (Sec. 2101.1 (b)) do
not include full demolition, though partial demolition is viewed as
an alteration.
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Subpart B--General Organization
Sec. 2101.10 The Commission.
The Commission is composed of seven members, each of whom is
appointed by the President and serves for a period of four years or
until his or her successor is appointed and qualified. The Chairman and
Vice Chairman are elected by the members. The Commission is assisted by
a staff as authorized by the Commission.
Sec. 2101.11 Secretary to the Commission.
Subject to the direction of the Chairman, the Secretary to the
Commission is responsible for the day-to-day operations of the agency
and for supervising the staff in its support of the functions of the
Commission; for preparing the agenda of Commission meetings; for
organizing presentations before the Commission of plans, designs, or
questions upon which it is to advise, comment, or respond; for
interpreting the Commission's conclusions, advice, or recommendations
on each matter submitted to it; for maintaining a liaison with other
governmental entities, professionals, and the public; and for
maintaining the Commission's records. The Assistant Secretary of the
Commission shall carry out duties delegated to him/her by the Secretary
and shall act in place of the Secretary during his/her absence or
disability.
Sec. 2101.12 Georgetown Board of Architectural Consultants.
To assist the Commission in carrying out the purposes of the Old
Georgetown Act (Sec. 2101.1 (c)), a committee of three architects
appointed for a term of three years by the Commission serves as the
Board of Architectural Consultants without expense to the United
States. This committee advises the Commission regarding designs and
plans referred to it. The Chairman is elected by its members.
PART 2102--MEETINGS AND PROCEDURES OF THE COMMISSION
Subpart A--Commission Meetings
Sec.
2102.1 Times and places of meetings.
2102.2 Actions outside of meetings.
2102.3 Public notice of meetings.
2102.4 Public attendance and participation.
2102.5 Records and minutes; public inspection.
[[Page 4648]]
Subpart B--Procedures on Submission of Plans or Designs
2102.10 Timing, scope and content of submissions for proposed
projects involving land, buildings or other structures.
2102.11 Scope and content of submission for proposed medals,
insignia, coins, seals, and the like.
2102.12 Responses of Commission to submissions.
Authority: 5 U.S.C., App. 1; OMB Circular No. A-63.
Subpart A--Commission Meetings
Sec. 2102.1 Times and places of meetings.
Regular meetings of the Commission, open to the public, are held
monthly on the third Thursday of the month, beginning at 10:00 o'clock
a.m., at its offices in Suite 312, 441 F Street, N.W. Washington, D.C.
20001, except that by action of the Commission a regular meeting in any
particular month may be omitted or it may be held on another day or at
a different time or place. A special meeting, open to the public, may
be held in the interval between regular meetings upon call of the
Chairman and five days' written notice of the time and place mailed to
each member who does not in writing waive such notice. On all matters
of official business, the Commission shall conduct its deliberations
and reach its conclusions at such open meetings except as stated in
Sec. 2101.12 provided, however, the Commission members may receive
staff briefings or may have informal background discussions among
themselves and the staff outside of such meetings.
Sec. 2102.2 Actions outside of meetings.
Between meetings in situations of emergency, the Commission may act
through a canvass by the Secretary of individual members, provided that
any action so taken is brought up and ratified at the next meeting. In
addition, the Commission members may convene away from the Commission's
offices to make inspections at the site of a proposed project or at the
location of a mock-up for the project and may then and there reach its
conclusions respecting such project which shall be recorded in the
minutes of the meeting held on the same day or, if none was then held,
in the minutes of the next meeting.
Sec. 2102.3 Public notice of meetings.
Notice of each meeting of the Commission shall be published in the
Federal Register.
Sec. 2102.4 Public attendance and participation.
Interested persons are permitted to attend meetings of the
Commission, to file statements with the Commission at or before a
meeting, and to appear before the Commission when it is in meeting,
provided that an appearance is germane to the functions and policies of
the Commission and to the matter or issues then before the Commission,
and if the presentation or argument is made in a concise manner, within
reasonable time limits and avoids duplicating information or views
already before the Commission. A decision of the Chairman as to the
order of appearances and as to compliance with these regulations by any
person shall be final unless the Commission determines otherwise.
Sec. 2102.5 Records and minutes; public inspection.
A detailed record of each meeting shall be made and kept which
shall contain copies of all written, printed, or graphic materials
presented. The Secretary shall have prepared minutes of each meeting
which shall state the time and place it was held and attendance by
Commission members and staff and which shall contain a complete summary
of matters discussed and conclusions reached and an explanation of the
extent of public participation, including names of persons who
presented oral or written statements; and he shall send a copy to all
members of the Commission for their approval. Subsequent to such
approval, the minutes shall be certified by the Secretary. The minutes
and any completed reports, studies, agenda or other documents made
available to, or prepared for or by, the Commission shall be available
for public inspection and, at the requesting party's expense, for
copying at the offices of the Commission.
Subpart B--Procedures on Submissions of Plans or Designs
Sec. 2102.10 Timing, scope and content of submissions for proposed
projects involving land, buildings, or other structures.
(a) A party proposing a project which is within the purview of the
Commission's functions under Sec. 2101.1 (a), (b), or (c) should make a
submission when concept plans for the project are ready but before
detailed plans and specifications or working drawings are prepared. In
order to assure that a submission will be considered at the next
scheduled meeting of the Commission, it should be delivered to the
Commissions offices not later than ten (10) working days before the
meeting; if it is a project subject to review first by the Georgetown
Board, not later than ten (10) working days before the Georgetown Board
meeting. The Commission will attempt to consider a submission which is
not made in conformity with this schedule, but it reserves the right to
postpone consideration until its next subsequent meeting.
(b) (1) Each submission should state or disclose:
(i) The nature, location, and justification of the project,
including any relevant historical information about the building or
other structure to be altered or razed;
(ii) The identity of the owner or developer (or for public
buildings, the governmental unit with authority to approve or act upon
the plans) and of the architect;
(iii) The functions, uses, and purpose of the project; and
(iv) Other information to the extent it is relevant, such as area
studies, site plans, building and landscape schematics, renderings,
models, depictions or samples of exterior materials and components, and
photographs of existing conditions to be affected by the project.
(2) Alternative proposals may be included within one submission.
The information submitted shall be sufficiently complete, detailed, and
accurate as will enable the Commission to judge the ultimate character,
siting, height, bulk, and appearance of the project, in its entirety,
including the grounds within the scope of the project, its setting and
environs, and its effect upon existing conditions and upon historical
and prevailing architectural values. Record drawings and photographs
will be submitted by the applicant for a permanent Commission record of
the submission.
(c) If a project consists of a first or intermediate phase of a
contemplated larger program of construction, similar information about
the eventual plans should accompany the submission. Even though a
submission relates only to approval for razing or removal of a building
or other structure, the project will be regarded as part of phased
development, and the submission is subject to such requirement.
(d) If the project involves a statue, fountain or a monument within
the purview of the Commission under Sec. 2101.1 (a)(2), partial
submissions should be made as appropriate to permit the Commission to
advise on each aspect of the project as prescribed by the Commemorative
Works Act (Pub. L. 99-652, H.R. 4378, 40 U.S.C. 1001).
[[Page 4649]]
(e) The Commission staff will advise owners and architects
concerning the scope and content of particular submissions. Material
relevant to the functions and policies of the Commission varies greatly
depending upon the nature, size, and importance of the project to be
reviewed by the Commission. Also, it is the policy of the Commission
not to impose unnecessary burdens or delays on persons who make
submissions to the Commission. However, the Commission at any meeting
may decline to reach a conclusion about a proposed project if it deems
the submission materials inadequate for its purposes, or it may
condition its conclusions on the submission of further information to
it at a later meeting or, in its discretion, may delegate final action
to the staff.
(f) The Commission staff, members of the Georgetown Board,
interested members of the public, or the submitting party may augment
any submission by additional relevant information made available to the
Commission before or at the meeting where the submission is considered.
The staff should also make information available concerning prior
considerations or conclusions of the Commission regarding the same
project or earlier versions of it.
Sec. 2102.11 Scope and content of submissions for proposed medals,
insignia, coins, seals, and the like.
Each submission of the design for a proposed item which is within
the Commission's purview under Sec. 2101.1 (d) should identify the
sponsoring government unit and disclose the uses and purpose of the
item, the size and forms in which it will be produced, and the
materials and finishes to be used, including colors if any, along with
a sketch, model, or prototype.
Sec. 2102.12 Responses of Commission to submissions.
(a) The Commission before disposing of any project presented to it
may ask for the proposed plans or designs to be changed in certain
particulars and resubmitted, or for the opportunity to review plans,
designs, and specifications in certain particulars at a later stage in
their development, and to see samples or mock-ups of materials or
components; and when appropriate in the matter of a statue or other
object of art, the Commission may ask for the opportunity to see a
larger or full-scale model. All conclusions, advice, or comments of the
Commission which lead to further development of plans, designs, and
specifications or to actual carrying out of the project are made in
contemplation that such steps will conform in all substantial respects
with the plans or designs submitted to the Commission, including only
such changes as the Commission may have recommended; any other changes
in plans or designs require further submission to the Commission.
(b) In the case of plans for a project subject to the Old
Georgetown Act (Sec. 2101.1 (c)), if the Commission does not respond
with a report on such plans within forty-five days after their receipt
by the Commission, its approval shall be assumed and a permit may be
issued by the government of the District of Columbia.
(c) In the case of plans for a project subject to the Shipstead-
Luce Act (Sec. 2101.1 (b)), if the Commission does not respond with a
report on such plans within thirty days after their receipt by the
Commission, its approval shall be assumed and a permit may be issued by
the government of the District of Columbia.
(d) In the event that any project or item within the Commission's
purview under 2101.1 has not progressed to a substantial start of
construction or production within four years following the Commission
meeting date on which the final design was approved, the Commission's
approval is suspended. The plans or designs previously approved or
alternative plans or designs, may thereupon be resubmitted for
Commission review. The Commission's subsequent approval, if granted,
shall remain in effect for four years.
PART 2103--STATEMENTS OF POLICY
Sec. 2103.1 General approaches to review of plans by the Commission.
The Commission functions relate to the appearance of proposed
projects within its purview as specified herein. These functions are to
serve the purpose of conserving and enhancing the visual assets which
contribute significantly to the character and quality of Washington as
the nation's capital and which appropriately reflect the history and
features of its development over two centuries. Where existing
conditions detract from the overall appearance of official Washington
or historic Georgetown--such as conditions caused by temporary,
deteriorated, or abandoned buildings of little or no historical or
architectural value, by interrupted developments, or by vacant lots not
devoted to public use as parks or squares--the Commission will favor
suitable corrections to these conditions. When changes or additions are
proposed in other circumstances, the Commission may consider whether
the public need or value of the project or the private interests to be
served thereby justify making any change or addition, and it will
consider whether the project can be accomplished in reasonable harmony
with the nearby area, with a minimum loss of attractive features of the
existing building or site, with due deference to the historical and
architectural values affected, and without creating an anomalous
disturbing element in the public view of the city.
Authority: Pub. L. 81-808, 64 Stat. 903; 40 U.S.C. 72, 104, 106,
and 121; E.O. 1259 of October 25, 1910; E.O. 1862 of November 28,
1913; E.O. 3524 of July 28, 1921.
[FR Doc. 97-2386 Filed 1-30-97; 8:45 am]
BILLING CODE 6330-01-P
