This program comment provides the Federal Communications Commission (FCC) with an alternative way to comply with its responsibilities under Section 106 of the National Historic Preservation Act, 54 U.S.C. 306108, and its implementing regulations, 36 CFR part 800 (Section 106), with regard to the effects of wayside poles and associated infrastructure installed by the nation's freight and passenger railroads to deploy Positive Train Control (PTC) systems on historic properties.

The Advisory Council on Historic Preservation has amended the referenced Program Comment which avoids duplicate reviews under Section 106 of the National Historic Preservation Act regarding telecommunications projects that undergo Section 106 review by the Federal Communications Commission under existing Nationwide Programmatic Agreements. Amendments in 2015 extended the duration of the Program Comment, added agencies that can use the Program Comment, and provided for a monitoring system.

This program comment exempts undertakings that may affect historic rail properties within rail rights-of-way from Section 106 of the National Historic Preservation Act. The program comment adopts a two-pronged approach: an activities-based approach and a property-based approach.

The Advisory Council on Historic Preservation has issued a program comment for the U.S. Department of the Army that sets forth the way in which the Army complies with Section 106 of the National Historic Preservation Act for its inventory of Inter-War Era historic housing management actions, including: maintenance, repair, rehabilitation, renovation, abatement, mothballing, demolition, replacement construction, new construction, lease and conveyance.