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Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43251

DEPARTMENT OF THE INTERIOR fact that you have judged changes related to within 45 days of receipt of the its centennial as non-contributing after nomination. The NJ SHPO objected to extolling the statue’s unending significance is the nomination document’s failure to among the reasons that we feel a period of recognize the State of ’s [NPS–WASO–NRNHL–24004; ‘‘in perpetuity’’ is unwise. At the very least, PPWOCRADI0, PCU00RP14.R50000] it will generate unnecessary confusion in the jurisdictional claim over a portion of compliance process as each newly-proposed Liberty and other related matters. Comments Regarding Listing on the project then automatically becomes The specific comments received by the National Register of Historic Places of significant, regardless of its effect on the FPO from the NJ SHPO are as follows: Enlightening the resource. NJ SHPO Comment 1 (Concerning World, Liberty Island, Harbor Keeper’s Response to NY SHPO Section 2a): The opening page of the Registration Form should indicate that AGENCY: National Park Service, Interior. Comments: The Statue of Liberty the two states in which this district is ACTION: Notice. (including its pedestal) is a singular (Keeper’s emphasis), exceptionally situated are New York and New Jersey, SUMMARY: In accordance with the significant, individually NR-eligible and that the two counties are New York National Historic Preservation Act of historic structure. The significance of and Hudson. 1966, the National Park Service is the Statue to the nation is, and will Keeper’s response to NJ SHPO publishing New York (NY) and New always be, both transcendent and Comment 1: The Keeper notes that the Jersey (NJ) State Historic Preservation perpetual. It is not unprecedented for a most important function of Section 2a. Officers’ (SHPOs) comments to the property with transcendent significance is to readily identify the location of the National Park Service Federal to be listed in the NR with period of property in its most common format. In Preservation Officer (FPO) as well as significance that is ongoing. The NR the present case, the Keeper has responses to SHPOs’ comments by the listing for National Mall Historic District concluded, especially in light of the Keeper of the National Register (Keeper) in Washington, DC—under Criterion jurisdiction issues raised by the NJ prior to including the property in the A—is another example. The Keeper SHPO, that the most appropriate way to National Register (NR). notes that several properties located in achieve this purpose is to have Section 2a. of the Nomination Form read as SUPPLEMENTARY INFORMATION: This the State of New York, including Our notice includes comments on the NR Lady of Mount Carmel Grotto, follows for the items noted below: Nomination entitled ‘‘Statue of Liberty Richmond County, New York (listed in Street & number: Liberty Island, New Enlightening the World’’ received by the the NR in 2000), and Bohemian Hall and York Harbor FPO from the NY SHPO and the NJ Park, in Queens County, or town: SHPO, and the responses by the Keeper (listed in the NR in 2001), also have State, County: to these comments. ongoing periods of significance because Vicinity: No NY SHPO: The NY SHPO reviewed of their recognition as NR-eligible Not For Publication: No the following nomination and Traditional Cultural Properties. NJ SHPO Comment 2 (Concerning responded to the FPO within 45 days of The nomination as written is for a Section 7, page 6): The narrative should receipt of the nomination. The NY historic district. The Keeper notes that explain that while the majority of SHPO objected to the period of it is a long-established, and common NR Liberty Island is situated within the significance established for the Statue, program practice for an individually State of New York, including the ground the period of significance proposed end eligible or individually listed historic upon which the Statue stands, the date of 1957 (instead of 1986) for the structure located within a larger NR- western portion of the island district as a whole, and the omission of listed historic district to have a different (approximately 3.4 acres) is ground an area of landscape architecture and period of significance than the district within New Jersey borders. In 1834, a architecture as areas significance for the as a whole. Based on all relevant determination of the boundary between period 1957–1986. The specific documentation and comments received New York and New Jersey was the comments received by the FPO from the for the nomination, the Keeper finds subject of a bi-state compact, NY SHPO are as follows: that the proposed end date for the subsequently approved by Congress. Congressional approval of this compact I am writing in response to your request for period of significance for the district as comments on the most recent revised draft a whole—1957—is appropriate. The acknowledged New Jersey’s ownership for the Statue of Liberty Enlightening the Keeper concurs with the assessment of the submerged lands west of the World Historic District. Ruth Pierpont has stated in section 7, page 28 of the midline of the . In 1857 retired and I am the new Deputy State nomination, which states: ‘‘Changes Bedloes Island (today’s Liberty Island) Historic Preservation Officer for New York. made to key elements of the Liberty was carefully surveyed and mapped. It I have reviewed the file and our comments Island Grounds in the mid-1980s and was found to be 9.9 acres in size to remain the same as they were for the two alterations over time to contributing mean high water, 10.7 acres in size to previous drafts. Unfortunately, the New York mean low water. An additional 183,756 State Historic Preservation Office cannot buildings and structures preclude the support a period of significance that extends District’s eligibility in the areas of square feet of filled land, or ‘‘in perpetuity’’ because we do not believe it Landscape Architecture or approximately 4.22 acres was added to is possible to evaluate the significance of Architecture.’’ On balance, the Keeper Liberty Island in stages between 1901 events that have not yet occurred. Absent any also finds that the post-1957 changes in and 1952. theme, place, or time in which to place these the landscape and buildings for the In light of the above, the statement unknown events, there is no possible context district as a whole (Keeper’s emphasis), that ‘‘the entire island is Federally in which to evaluate their meaning. This do not appear to satisfy the ‘‘exceptional owned’’ (Section 7, page 6) should be opinion, which I support, is explained in importance’’ threshold embodied in NR revised. New Jersey’s position has more detail in Ruth Pierpont’s letter of June 6, 2012. Criterion Exception G for properties that historically been that the portion of the We would also like to re-state our support have achieved significance within the island that remains within New Jersey’s of a period of significance for the landscape past fifty years. sovereign jurisdiction is also owned by elements that extends to include the 1986 NJ SHPO: The NJ SHPO reviewed the the State of New Jersey, as part of its alterations for the statue’s centennial. The nomination and responded to the FPO ownership of riparian lands in New

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Jersey. The State of New Jersey has a Park Service has every reasonable basis Dated: August 14, 2017. long history of selling portions of its to conclude, as New Jersey holds, that J. Paul Loether, riparian lands at fair market value, to Liberty Island is situated in both states Chief, NR of Historic Places/National Historic appropriate users, in the form of . . .’’ The Keeper agrees with the NPS Landmarks Program and Keeper, NR of ‘‘riparian grants.’’ The National Park assertion that boundary issues between Historic Places. Service bought a riparian grant from states are matters of original jurisdiction [FR Doc. 2017–19571 Filed 9–13–17; 8:45 am] New Jersey in 1904 to legitimize its with the U.S. Supreme Court, and that BILLING CODE 4312–52–P expansion of , but even neither the Keeper nor the National Park though New Jersey sought from the Service are fitted by expertise or 1930s to the 1950s to reach agreement authority to pronounce upon them. INTERNATIONAL TRADE with the Federal government to convey Since the issue regarding jurisdiction COMMISSION title for the filled portions of Liberty that was raised by the NJ SHPO cannot [Investigation No. 337–TA–1055] Island, no agreement, and therefore no be resolved within the context of this such transfer, was effected. No Federal nomination, the Keeper has determined Certain Mirrors With Internal purchase of the land has subsequently that the most appropriate course of Illumination and Components Thereof; been completed. The Federal action is to ensure that, as approved by government has continued to use the the Keeper, the paragraph under Supplemental Notice of Commission property without obtaining a riparian ‘‘Setting’’ on page 7–6 reads: Determination Not To Review an Initial grant. That situation has not changed. Determination Finding the Sole As a result, the State of New Jersey’s Liberty Island is located within New York Remaining Respondent in Default; ownership interest in the land Harbor, one of the world’s busiest shipping Request for Written Submissions on artificially filled after 1834 was not ports. It is accessed by ferries that run Remedy, the Public Interest, and extinguished and still remains in effect. regularly from landings at Bonding In addition, the further statement that in Jersey City, New Jersey, and Battery Park AGENCY: U.S. International Trade ‘‘the land mass [of Liberty Island] is at the southern tip of , New York Commission. considered part of New York County, City. The island is manifestly flat, with an ACTION: Notice. New York.’’ (Section 7, page 6) should average elevation of about 15 feet (ft) above also be revised. Only the portion of sea level. The landform is approximately a SUMMARY: Notice is hereby given that Liberty Island that reflects the island as quarter-mile long and about .15-mile wide at the U.S. International Trade it existed in 1834 lies within New York its widest point. Two significant filling Commission has determined not to County, New York. In our previous events, conducted on the of the review an initial determination (‘‘ID’’) comments on the earlier draft, we island by the US Army during the First (Order No. 10) finding the sole provided a map that delineated the area World War and on the northwestern end of remaining respondent in default. The the island’s fill, showing that New the island by the National Park Service in the Commission requests written Jersey’s territory comprises early 1950s, accreted the island to its current submissions, under the schedule set approximately 3.4 acres of the island’s 14.1-acre form. Liberty Island is surrounded forth below, on remedy, public interest, 14.1 acres. (see attachment) by New Jersey state waters. The Statue in its and bonding. New Jersey disagrees with the entirety was constructed and remains within FOR FURTHER INFORMATION CONTACT: wording of footnote #5 (Section 7, page the territorial jurisdiction of the State of New 6), which has a tendentious effect. The York. The entire island is administered by Clint Gerdine, Office of the General National Park Service has every the National Park Service. The Statue of Counsel, U.S. International Trade reasonable basis to conclude, as New Liberty is located on the southern portion of Commission, 500 E Street SW., Jersey holds, that Liberty Island is Liberty Island and is immediately Washington, DC 20436, telephone 202– situated in both states, and does not surrounded on the east, west, and south sides 708–2310. Copies of non-confidential need to claim in this footnote that it is by grass lawns. Visitors arrive at the island’s documents filed in connection with this not pronouncing upon an issue that West Pier after a ferry trip from Manhattan investigation are or will be available for Section 2 of the document clearly does. or Jersey City and usually walk to the Statue inspection during official business Your letter cites the 1998 Supreme on the island’s primary circulation system, a hours (8:45 a.m. to 5:15 p.m.) in the Court decision in New Jersey v. New wide paved system of malls and plazas that Office of the Secretary, U.S. York, decided in New Jersey’s favor (a conveys visitors to the main entrance to the International Trade Commission, 500 E point not mentioned in footnote #5), in Statue. The malls and plazas are lined with Street SW., Washington, DC 20436, which it was held that the portion of linden trees and yew hedges that give the telephone 202–205–2000. General Ellis Island composed of landfill setting a park-like feel. A secondary information concerning the Commission emplaced subsequent to the Compact of circulation system consisting of interior may also be obtained by accessing its 1834 has remained in the territory of paths and a perimeter promenade offers other Internet server (https://www.usitc.gov). New Jersey since the time of that views of the Statue and The public record for this investigation compact. With respect to the from a variety of vantage points. Operational may be viewed on the Commission’s neighboring Liberty Island, the factual facilities such as maintenance buildings and electronic docket (EDIS) at https:// circumstances are nearly identical and staff housing are located primarily in the edis.usitc.gov. Hearing-impaired the same legal reasoning applies that northwest corner of the island and are persons are advised that information on formed the basis of the Ellis Island screened from public view in most this matter can be obtained by decision. As a result, the National Park directions. (**NOTE: footnote #5 referenced in contacting the Commission’s TDD Service should recognize New Jersey the NJ SHPOs comments regarding the above terminal on 202–205–1810. sovereignty over the western portion of paragraph has been corrected to read as SUPPLEMENTARY INFORMATION: The the island. footnote #6 in the final nomination Commission instituted this investigation Keeper’s response to NJ SHPO document.) on May 8, 2017, based on a complaint Comment 2 (Concerning Section 7, page Authority: The National Historic filed by Electric Mirror, LLC of Everett, 6): The Keeper disagrees with the NJ Preservation Act of 1966, 54 U.S.C. 302104 Washington (‘‘Electric Mirror’’) and SHPO’s contention that, ‘‘The National (c)(5)–(6) of; 60.13 of 36 CFR part 60. Kelvin 42 LLC of Pensacola, Florida

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