Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41917 

ADVISORY COUNCIL ON HISTORIC 

PRESERVATION 

Program Comment Issued for the U.S. 

General Services Administration on 

Select Envelope and Infrastructure 

Repairs and Upgrades to Historic 

Public Buildings 

AGENCY: Advisory Council on Historic 

Preservation. 

ACTION: Program Comment Issued for 

the U.S. General Services 

Administration on Select Envelope and 

Infrastructure Repairs and Upgrades to 

Historic Public Buildings. 

SUMMARY: The Advisory Council on 

Historic Preservation (ACHP) issued a 

Program Comment for the U.S. General 

Services Administration setting forth 

the way in which it will comply with 

Section 106 of the National Historic 

Preservation Act for select repairs and 

upgrades to windows, lighting, roofing, 

and heating, ventilating, and airconditioning (HVAC) systems within 

historic public buildings. 

DATES: The Program Comment went into 

effect on August 7, 2009. 

ADDRESSES: Address all questions 

concerning the Program Comment to 

Kirsten Brinker Kulis, Office of Federal 

Agency Programs, Advisory Council on 

Historic Preservation, 1100 

Pennsylvania Avenue, NW., Suite 803, 

Washington, DC 20004. Fax (202) 606– 

8647. You may submit electronic 

questions to: kkulis@achp.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kirsten Brinker Kulis, (202) 606–8517, 

kkulis@achp.gov. 

SUPPLEMENTARY INFORMATION: Section 

106 of the National Historic 

Preservation Act requires federal 

agencies to consider the effects of their 

undertakings on historic properties and 

to provide the Advisory Council on 

Historic Preservation (ACHP) a 

reasonable opportunity to comment 

with regard to such undertakings. The 

ACHP has issued the regulations that set 

forth the process through which Federal 

agencies comply with these duties. 

Those regulations are codified under 36 

CFR part 800 (Section 106 regulations). 

Under Section 800.14(e) of those 

regulations, agencies can request the 

ACHP to provide a ‘‘Program Comment’’ 

on a particular category of undertakings 

in lieu of conducting individual reviews 

of each individual undertaking under 

such category, as set forth in 36 CFR 

800.4 through 800.7. An agency can 

meet its Section 106 responsibilities 

with regard to the effects of particular 

aspects of those undertakings by taking 

into account ACHP’s Program Comment 

and following the steps set forth in that 

comment. 

I. Background 

The ACHP has issued a Program 

Comment to the U.S. General Services 

Administration (GSA) which 

streamlines Section 106 compliance for 

select repairs and upgrades to windows, 

lighting, roofing, and heating, 

ventilation, and air-conditioning 

(HVAC) systems. The ACHP 

membership voted unanimously to issue 

the Program Comment via an 

unassembled vote on August 7, 2009. 

While the Program Comment may be 

applied to the types of projects noted 

above at all of GSA’s historic public 

buildings, the repairs and upgrades 

must be undertaken using GSA’s 

Technical Preservation Guidelines 

(Guidelines), written by the GSA’s 

Center for Historic Buildings, Office of 

the Chief Architect, Public Buildings 

Service. The following Guidelines are 

included as part of the Program 

Comment as appendices: 

—Upgrading Historic Building 

Windows; 

—Upgrading Historic Building Lighting; 

—Historic Building Roofing; 

—HVAC Upgrades in Historic 

Buildings. 

Due to their volume, the Guidelines 

will not be copied into this notice. 

However, they can be accessed in their 

entirety on the Internet at: http:// 

www.gsa.gov/ 

technicalpreservationguidelines. Those 

without access to the Internet can 

contact Kirsten Brinker Kulis at (202) 

606–8517, or by e-mail at 

kkulis@achp.gov, to arrange an alternate 

method of access to these appendices. 

The GSA has consulted with the 

National Park Service (NPS) with regard 

to the cited Guidelines, and the NPS has 

confirmed their consistency with the 

Secretary of the Interior’s Standards for 

Rehabilitation when applied under the 

conditions set out in the Program 

Comment. 

In addition, the repairs and upgrades 

contemplated by the Program Comment 

are limited to projects executed by GSA 

employees and contractors who meet 

the professional standards developed by 

the Secretary of the Interior. The 

Program Comment is further limited to 

those projects where the proposed 

repairs and upgrades would not 

adversely affect the qualities that qualify 

a subject building for the National 

Register of Historic Places. 

Before using the Program Comment, 

these findings will be made by GSA’s 

Regional Historic Preservation Officers 

(RHPO), who will notify the relevant 

State Historic Preservation Officer 

(SHPO) by providing them with the 

GSA’s Section 106 Short Form 

(appended to the Program Comment) for 

a ten business day review period, during 

which time they may object to use of 

this Program Comment for the project. If 

the SHPO objects within that timeframe, 

GSA will follow the standard Section 

106 review process, rather than this 

Program Comment, for the proposed 

work. If GSA already has a Section 106 

agreement that covers the proposed 

work (e.g., a state or regional 

Programmatic Agreement) GSA will 

have the option of following that 

agreement, rather than this Program 

Comment. 

The Program Comment provides for 

regular reports and meetings on its 

implementation. 

The Program Comment is the result of 

consultation among the GSA, the ACHP, 

the NPS, the National Conference of 

State Historic Preservation Officers 

(NCSHPO), the National Trust for 

Historic Preservation (NTHP), the 

National Alliance of Preservation 

Commissions (NAPC), and the National 

Association of Tribal Historic 

Preservation Officers (NATHPO). 

Public comments resulting from a 

June 26, 2009 public notice in the 

Federal Register (74 FR 30608–30610) 

were received by the ACHP by July 20, 

2009. 

Preservation Idaho expressed an 

interest in GSA’s National Register 

eligibility survey efforts for their public 

building inventory. The ACHP 

forwarded materials to Preservation 

Idaho regarding this topic. 

The Georgia Department of Natural 

Resources provided language 

clarification suggestions. It noted that 

references to ‘‘work’’ should be made 

more specific. The Program Comment 

was edited accordingly. It also proposed 

that the reports and meeting provisions 

could be moved to the last section of the 

Program Comment. The ACHP did not 

follow that recommendation, deeming 

such a move unnecessary. 

The Pennsylvania Historical and 

Museum Commission requested a final 

copy of the GSA Short Form. The text 

of the form is included herein. The 

ACHP will send the Commission a copy 

with the final formatting. The 

Commission also noted that the 10-day 

objection period ‘‘seems a bit tight.’’ 

However, the ACHP deemed that the 10- 

day review period was sufficient for the 

types of projects contemplated by the 

Program Comment. 

The National Housing and 

Rehabilitation Association suggested 

incorporation of their draft ‘‘Guide 

Specifications for the Evaluation of 


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41918 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

Fenestration Products Installed in 

Historical Buildings’’ into the GSA’s 

Technical Guidelines for windows. 

However, the ACHP deemed that GSA’s 

Technical Guidelines, as reviewed by 

the NPS, were sufficient for purposes of 

the Program Comment. 

The ACHP also received a letter from 

the State of Hawaii, Office of Hawaiian 

Affairs, which stated that OHA had no 

comments on the Program Comment. 

II. Final Text of the Program Comment 

The text of the Program Comment is 

included below. As noted above, due to 

their volume, the Guideline appendices 

are not included herein, but can be 

accessed on the Internet at http:// 

www.gsa.gov/ 

technicalpreservationguidelines. The 

relevant Guidelines are those for: 

—Upgrading Historic Building 

Windows; 

—Upgrading Historic Building Lighting; 

—Historic Building Roofing; 

—HVAC Upgrades in Historic 

Buildings. 

Those without access to the Internet 

can contact Kirsten Brinker Kulis at 

(202) 606–8517, or by e-mail at 

kkulis@achp.gov to arrange an alternate 

method of accessing these appendices. 

The following is the text of the 

Program Comment, without the 

Guideline appendices: 

Program Comment for General Services 

Administration 

Repairs and Upgrades to Windows, 

Lighting, Roofing, and Heating, 

Ventilating, and Air-Conditioning 

(HVAC) 

I. Establishment and Authority: This 

Program Comment was issued by the 

Advisory Council on Historic 

Preservation (ACHP) on August 7, 2009, 

pursuant to 36 CFR 800.14(e). 

It provides the General Services 

Administration (GSA) with an 

alternative way to comply with its 

responsibilities under Section 106 of the 

National Historic Preservation Act, 16 

U.S.C. 470f, and its implementing 

regulations, 36 CFR part 800 (Section 

106), with regard to the effects of repairs 

and upgrades to windows, lighting, 

roofing, and heating, ventilating and airconditioning (HVAC) systems (Repairs/ 

Upgrades) that follow the appended 

GSA Technical Preservation Guidelines 

(Guidelines). The appended Guidelines 

have been reviewed by the National 

Park Service, which confirms that they 

are in keeping with the Secretary of the 

Interior’s Standards on Rehabilitation. 

II. Applicability to General Services 

Administration: Only GSA may use this 

Program Comment. 

III. Date of Effect: This Program 

Comment will go into effect on August 

7, 2009. 

IV. Use of This Program Comment To 

Comply With Section 106 Regarding the 

Effects of the Repairs and Upgrades: 

(1) GSA may comply with Section 106 

regarding the effects of Repairs/ 

Upgrades on historic properties by: 

(i) Making a determination that the 

proposed Repair/Upgrade may not 

adversely affect a historic property; 

(ii) Notifying the relevant SHPO, 

through use of the notice form 

appended to this Program Comment that 

it intends to carry out a Repair/Upgrade: 

(a) If, within 10 business days from 

receipt of the notification, the SHPO 

objects to the use of this Program 

Comment for the proposed Repair/ 

Upgrade, GSA may not use the Program 

Comment for the proposed Repair/ 

Upgrade. GSA will then comply with 

Section 106 for the proposed Repair/ 

Upgrade in accordance with 36 CER 

§§ 800.3 through 800.7 or any applicable 

alternative per 36 CFR 800.14. 

(b) If the SHPO agrees with the 

proposed Repair/Upgrade, or does not 

object within 10 business days from 

receipt of the notification, GSA may 

proceed with the proposed Repair/ 

Upgrade in accordance with this 

Program Comment; 

(iii) Conducting such Repair/Upgrade 

as provided by the relevant Guidelines 

appended to this document; 

(iv) Ensuring that all work on the 

Repair/Upgrade is designed by an 

architect and supervised and approved 

by a cultural resources professional, 

both of whom meet the relevant 

standards outlined in the Secretary of 

the Interior’s Professional Qualification 

Standards, pursuant to 36 CFR part 61. 

In addition, the qualified supervisor 

will ensure construction phase 

preservation competency and quality 

control measures are implemented; and 

(v) Keeping a record, at the relevant 

GSA Region, detailing each use of this 

Program Comment for no less than five 

years from the final date of the 

implementation. Each record must 

include the following information: 

(a) A description of the 

implementation of the Program 

Comment (including the specific 

location of the work); 

(b) The date(s) when the Program 

Comment was implemented; 

(c) The name(s) of the qualified 

personnel that carried out and/or 

supervised the use of the Program 

Comment; and 

(d) A summary of the implementation, 

indicating how the Repair/Upgrade was 

carried out, any problems that arose, 

and the final outcome. 

GSA must provide copies of these 

records, within a reasonable timeframe, 

when requested by the ACHP or the 

relevant SHPO. 

V. Discoveries: If previously unknown 

features are discovered while work 

under this Program Comment is being 

implemented (e.g., a mural behind 

plaster), GSA will notify SHPO of the 

discovery and provide SHPO an 

opportunity to object to the use of this 

Program Comment, per Stipulation 

IV(l)(ii), above. 

VI. Program Comment Does Not Cover 

Undertakings Involving Activities 

Beyond the Specific Repairs/Upgrades: 

The Repairs/Upgrades within the scope 

of this Program Comment will be 

discrete undertakings that do not 

include activities beyond the Repairs/ 

Upgrades themselves. Among other 

things, the Repairs/Upgrades themselves 

will not include earth disturbing 

activities, new construction, site 

acquisition, change of occupancy or use, 

or alteration of exteriors or significant 

interior spaces. 

VII. Process for Adding or Updating 

Repairs/Upgrades and Guidelines: 

While this Program Comment, as 

originally adopted, was limited to 

Repairs/Upgrades relating to four 

Guidelines, more Repairs/Upgrades (and 

their relevant Guidelines) may be added 

to it. Moreover, Guidelines already 

included in the Program Comment may 

eventually need updating. Accordingly, 

Repairs/Upgrades and their Guidelines 

may be added to this Program Comment, 

or updated, as follows: 

(1) GSA will notify the ACHP, the 

National Conference of State Historic 

Preservation Officers (NCSHPO), and 

the Department of the Interior (DOI) 

(collectively, parties) that it wants to 

add an Upgrade/Guideline, or to update 

a Guideline that is already a part of the 

Program Comment. Such a notification 

will include a draft of the proposal. 

(2) The parties will consult on the 

proposal; and 

(3) If a final version of the proposal 

is approved by the ACHP Executive 

Director, the ACHP will publish a notice 

of availability of the approved addition 

or update in the Federal Register. The 

addition or update will go into effect as 

part of this Program Comment upon 

such publication. 

VIII. Process for Removing a Repair/ 

Upgrade and Its Guideline: After 

consulting with the parties, the ACHP 

may remove a Repair/Upgrade and its 

Guideline from the scope of this 

Program Comment by publishing a 

Federal Register notice to that effect. 

The Program Comment will continue to 

operate with the other Repairs/Upgrades 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41919 

and their Guidelines that have not been 

removed. 

IX. GSA Option To Use Applicable 

Section 106 Agreements: If an existing 

Section 106 agreement applies to a 

proposed Repair/Upgrade, GSA may 

follow either that existing agreement or 

this Program Comment. 

X. Latest Version of the Program 

Comment: GSA and/or the ACHP will 

include the most current version of the 

Program Comment (with the latest 

amendments and updates) in a publicly 

accessible Web site. The latest Web 

address for that site will be included in 

each of the Federal Register notices for 

amending, removing or updating the 

Program Comment. This document and 

its 41 appended form and guidelines 

will initially be available at http:// 

www.achp.gov and http://www.gsa.gov/ 

historicpreservation. 

XI. Meetings and Reports: The parties 

shall meet in September 2011 and every 

three years thereafter, to discuss the 

implementation of the Program 

Comment. GSA will include in its 

reports under Section 3 of Executive 

Order 13287, a summary of its 

experience implementing this Program 

Comment, how often and where the 

Program Comment has been utilized, 

examples of successful implementation, 

and examples of failures or problems 

with implementation. 

XII. Amendment: The ACHP may 

amend this Program Comment (other 

than the appended Guidelines 

themselves, which are added, updated 

or removed according to Stipulations VI 

and VII, above) after consulting with the 

parties and publishing a Federal 

Register notice to that effect. 

XIII. Termination: The ACHP may 

terminate this Program Comment by 

publication of a notice in the Federal 

Register 30 days before the termination 

takes effect. 

XIV. Sunset Clause: This Program 

Comment will terminate on its own 

accord on August 1, 2018, unless it is 

amended before that date to extend that 

period. 

XV. Historic Properties of Significance 

to Indian Tribes and Native Hawaiian 

Organizations: This Program Comment 

does not apply in connection with 

effects to historic properties that are 

located on tribal lands and/or that are of 

religious and cultural significance to 

Indian tribes or Native Hawaiian 

organizations. 

XVI. Definitions: The definitions 

found at 36 CFR part 800 apply to the 

terms used in this Program Comment. 

XVII. Notification Form and GSA 

Technical Preservation Guidance 

Appendices: 

Appendix A 

GSA Program Comment Notification 

Form 

I. General 

Building Name(s): 

Address (city, state): 

Project Title: 

Qualified Preservation Professional 

Preparing Report: 

Date: (Note: Qualified professionals must 

meet the relevant standards outlined in the 

Secretary of the Interior’s Professional 

Qualification Standards, pursuant to 36 CFR 

part 61.) 

Location of Work in the Building: 

Project Team: A/E firm, Preservation 

Consultant, GSA Project Officer, Building 

Manager, and GSA Regional Historic 

Preservation Officer or Historic Preservation 

Program staff reviewer: 

II. Scope and Purpose of Project (bullets are 

acceptable): 

III. Locations and Materials Affected (check 

all that apply) Preservation Zones affected 

(see Building Preservation Plan; contact 

RHPO for assistance) 

__Restoration __Rehabilitation

__Renovation 

Where does the project affect the historic 

property? 

__Exterior __Interior __Lobbies/Vestibules

__Corridors 

__Stairwells __Elevators __Restrooms

__Courtrooms __Executive Suites 

__General Office Space __Other (specify) 

What materials are affected by the project? 

__Stone __Brick __Architectural Concrete

__Historic Roofing 

__Bronze __Architectural Metals (specify)

__Woodwork 

__Ornamental Plaster __Other (specify) 

What assemblies are affected by the 

project? 

__Windows and Skylights __Doors

__Lighting __Other (specify) 

IV. Preservation Design Issues: 

List solutions explored, how resolved and 

why, such as (not inclusive) 

—Locating new work/installation: visibility, 

protection of ornamental finishes, cost 

concerns 

—Design of new work/installation: 

compatibility with existing original 

materials, research on original design (if 

original materials non-extant), materials/ 

finishes chosen 

—Method of supporting new work/ 

installation 

—Preservation and protection of historic 

materials 

V. Graphics—include: 

—Site or floor plan showing work location(s) 

—Captioned photographs of existing site 

conditions in affected restoration zone 

locations 

—Reduced project drawings, catalogue cut 

sheets or photographs showing solutions 

VI. Confirmation 

The undersigned hereby confirms and 

represents to the best of his or her knowledge 

and belief, the following as of this date: 

(1) The information in this form is correct; 

(2) GSA has determined that the proposed 

work may not adversely affect a historic 

property; 

(3) This project approach is consistent with 

the relevant GSA Technical Preservation 

Guidelines; 

(4) The design team includes a qualified 

preservation architect, engineer or 

conservator; 

(5) The design addresses construction 

phase preservation competency and quality 

control; and 

(6) This form will be submitted to the 

relevant SHPO for its review and opportunity 

for objection in a timely manner. 

Signature and Date: GSA Regional Historic 

Preservation Officer 

Appendix B 

GSA Technical Preservation Guidelines 

[Please refer to http://www.gsa.gov/ 

technicalpreservationguidelines for a copy of 

the relevant guidelines. They are linked in 

that web page under the headings 

‘‘Upgrading Historic Building Windows,’’ 

‘‘Upgrading Historic Building Lighting,’’ 

‘‘HVAC Upgrades in Historic Buildings,’’ and 

‘‘Historic Building Roofing.’’] 

Authority: 36 CFR 800.14(e). 

Dated: August 13, 2009. 

Ralston Cox, 

Acting Executive Director. 

[FR Doc. E9–19814 Filed 8–18–09; 8:45 am] 

BILLING CODE 4310–K6–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0102] 

Privacy Act of 1974; U.S. Immigration 

and Customs Enforcement-003 

General Counsel Electronic 

Management System, System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Modification to an existing 

system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, U.S. Immigration 

and Customs Enforcement is updating 

an existing system of records titled 

General Counsel Electronic Management 

System (March 31, 2006) to reflect 

changes in the system that provide 

Immigration and Customs Enforcement 

attorneys and other Immigration and 

Customs Enforcement personnel with 

additional information regarding 

immigration cases and with additional 

means of accessing the information. 

General Counsel Electronic Management 

System is a case management system 

used primarily by attorneys in the 

Immigration and Customs Enforcement 


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