30608 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 

[FR Doc. E9–15192 Filed 6–25–09; 8:45 am] 

BILLING CODE 4120–03–P 

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. 

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: 

kkulis@achp.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kirsten Brinker Hulls, (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 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 airconditioning (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 

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 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 airconditioning (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. 

Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 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 

kkulis@achp.gov, 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 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 [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. 

30610 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices 

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) 

lRestoration lRehabilitation 

lRenovation 

Where does the project affect the 

historic property? 

lExterior lInterior lLobbies/ 

Vestibules lCorridors lStairwells 

lElevators lRestrooms 

lCourtrooms lExecutive Suites 

lGeneral Office Space lOther 

(specify) 

What materials are affected by the 

project? 

lStone lBrick lArchitectural 

Concrete lHistoric Roofing lBronze 

lArchitectural Metals (specify) 

lWoodwork lOrnamental Plaster 

lOther (specify) 

What assemblies are affected by the 

project? 

lWindows and Skylights lDoors 

lLighting lOther (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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

Agency Information Collection 

Activities: Form N–644, Extension of 

an Existing Information Collection; 

Comment Request 

ACTION: 30-Day Notice of Information 

Collection Under Review: Form N–644, 

Application for Posthumous 

Citizenship; OMB Control No. 1615– 

0059. 

The Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services (USCIS) has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995. The information collection was 

previously published in the Federal 

Register on April 22, 2009, at 74 FR 

18391, allowing for a 60-day public 

comment period. USCIS did not receive 

any comments. 

The purpose of this notice is to allow 

an additional 30 days for public 

comments. Comments are encouraged 

and will be accepted until July 27, 2009.