[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30608-30610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15182]


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ADVISORY COUNCIL ON HISTORIC PRESERVATION


Draft Program Comment 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: Notice of intent to issue program comments for the U.S. General 
Services Administration on select envelope and infrastructure repairs 
and upgrades to historic public buildings.

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SUMMARY: The Advisory Council on Historic Preservation (ACHP) is 
considering issuing 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 air-conditioning (HVAC) systems within historic public 
buildings. The ACHP seeks public input on the proposed Program Comment.

DATES: Submit comments on or before July 20, 2009.

ADDRESSES: Address all comments concerning this proposed 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 comments to: <a href="/cdn-cgi/l/email-protection#771c1c021b1e043716141f0759101801"><span class="__cf_email__" data-cfemail="2d46465841445e6d4c4e455d034a425b">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Kirsten Brinker Hulls, (202) 606-8517, 
<a href="/cdn-cgi/l/email-protection#6f04041a03061c2f0e0c071f41080019"><span class="__cf_email__" data-cfemail="1f74746a73766c5f7e7c776f31787069">[email protected]</span></a>.

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 is now considering issuing a Program Comment to the U.S. 
General Services Administration (GSA) which would streamline Section 
106 compliance for select repairs and upgrades to windows, lighting, 
roofing, and heating, ventilation, and air-conditioning (HVAC) systems.
    While the proposed 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 will be included as part of the 
proposed 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 <a href="/cdn-cgi/l/email-protection#dab1b1afb6b3a99abbb9b2aaf4bdb5ac"><span class="__cf_email__" data-cfemail="2843435d44415b68494b4058064f475e">[email protected]</span></a>, 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 proposed 
Program Comment would be limited to projects executed by GSA employees 
and contractors who meet the professional standards developed by the 
Secretary of the Interior. The Program Comment would be 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 would be made by 
GSA's Regional Historic Preservation Officers (RHPO), who would 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 would 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 
would have the option of following that agreement, rather than this 
Program Comment.
    The proposed Program Comment provides for regular reports and 
meetings on its implementation.

II. Expected Benefits

    Just as the American Reinvestment and Recovery Act (ARRA) 
legislation has provided GSA with significant stewardship opportunities 
for its historic public buildings, the rigid spending deadline 
associated with the legislation has prompted the need for this 
alternative approach to preservation compliance for the mentioned 
select routine repairs and upgrades. The resulting proposed Program 
Comment, which may be applied to ARRA-funded projects and projects with 
other funding sources, was conceived to promote best preservation 
practices within the GSA for routine window repairs, and upgrades to 
lighting, roofing, and heating, ventilation, and air-conditioning 
(HVAC) systems within historic public buildings, as specified above.
    The proposed Program Comment could satisfy preservation compliance 
requirements, facilitate GSA's efforts to meet its upcoming ARRA 
spending deadlines, and reduce the ARRA-related workload for GSA, ACHP, 
SHPOs, and consulting parties. Once the public comments resulting from 
this notice are considered, and edits are incorporated as deemed 
appropriate, the ACHP will decide whether to issue the Program Comment. 
The ACHP expects to make that decision at its upcoming quarterly 
meeting scheduled on August 7, 2009 in Washington, DC, or shortly 
thereafter.

[[Page 30609]]

III. Text of the Proposed Program Comment

    The text of the proposed 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 <a href="/cdn-cgi/l/email-protection#452e2e30292c360524262d356b222a33"><span class="__cf_email__" data-cfemail="1e75756b72776d5e7f7d766e30797168">[email protected]</span></a>, to arrange an 
alternate method of accessing these appendices.
    The following is the text of the proposed 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 [Date To Be 
Determined], 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 air-conditioning (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 
[Date To Be Determined].
    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 CFR 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 work as provided by the relevant Guidelines 
appended to this document;
    (iv) Ensuring that all work described herein and in the appended 
Guidelines 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 (1)(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 (NCHSPO), 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 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.

[[Page 30610]]

    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 appended form and guidelines will 
initially be available at http://(Web site to be determined)
    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/S 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.
    Authority: 36 CFR 800.14(e).

    Dated: June 23, 2009.
John M. Fowler,
Executive Director.
[FR Doc. E9-15182 Filed 6-25-09; 8:45 am]
BILLING CODE 4310-K6-M


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