[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Proposed Rules]
[Pages 45203-45208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22673]


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1281

RIN 3095-AA82


Presidential Library Facilities

AGENCY: National Archives and Records Administration (NARA).

ACTION: Proposed rule.

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SUMMARY: NARA is issuing regulations relating to acceptance of new 
Presidential libraries under the Presidential Libraries Act amendments 
of 1986. That Act requires the Archivist of the United States to 
promulgate architectural and design standards for Presidential 
libraries and specifies what information NARA must provide to the 
Congress before accepting completed Presidential library buildings. 
NARA must obtain some of the information from the private foundations 
or other entities that develop the Presidential library. This rule will 
affect those private foundations or other entities created to design, 
construct and equip Presidential libraries.

DATES: Comments on the proposed rule and the proposed information 
collection contained in Sec. 1281.18 must be received by October 26, 
1998.

ADDRESSES: Comments on the regulation and the proposed information 
collection must be sent to Regulation Comment Desk (NPOL), National 
Archives and Records Administration, 8601 Adelphi Road, College Park, 
MD 20740-6001. Comments may be faxed to 301-713-7270.
    Comments regarding the burden-hour estimate or any other aspect of 
the collection of information requirement contained in this proposed 
rule should be sent also to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attention: NARA Desk 
Officer, Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT: Nancy Allard at (301) 713-7360, 
extension 226.

SUPPLEMENTARY INFORMATION: Presidential libraries are constructed by 
non-federal or private organizations using non-federal or privately-
raised funds. After completion, the buildings are donated or turned 
over to the Federal Government for use in perpetuity as part of the 
National Archives and Records Administration (NARA) system. The laws 
providing for the Federal Government to accept the completed building 
are codified in 44 U.S.C. 2112. Also in 44 U.S.C. 2112 are requirements 
that the Archivist of the United States promulgate architectural and 
design standards for Presidential libraries, and that an endowment be 
established by the donor of a new Presidential library and deposited in 
the National Archives Trust Fund prior to acceptance by NARA. The 
amount of the required endowment is based on several factors, including 
the size of the facility and the total costs of construction and 
improvements.
    Before NARA can accept and take title to any Library or enter into 
an agreement to accept or establish a Library, the Archivist must 
submit a written report on the proposed Presidential archival 
depository to Congress. The report must include a certification that 
the facility and equipment meet the standards promulgated by the 
Archivist. and must contain information about the endowment.
    This regulation prescribes the design and construction approval 
process that NARA requires for new Presidential library facilities, 
information that must be furnished to NARA for its report to Congress, 
the required operating equipment that must be part of the endowment 
established by the donor of a new library, and background materials 
that must be provided to NARA to assist in its operation of the 
completed facility. The regulation also cites statutory requirements 
for the endowment that must be provided to NARA by the private 
foundation to help offset facility operating expenses and defines the 
measurement standard that NARA will use in calculating the square 
footage of the library.
    This proposed rule is not a significant regulatory action for the 
purposes of Executive Order 12866. A copy of the proposed rule will be 
sent to OMB for review of the proposed information collections under 
the Paperwork Reduction Act. As required by the Regulatory Flexibility 
Act, it is hereby certified that this proposed rule will not have a 
significant impact on small entities.

Paperwork Reduction Act

    This proposed rule contains information collection activities which 
are subject to review and approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995. Under this Act, 
no persons are required to respond to a collection of information 
unless it displays a valid OMB control number. The reporting burden for 
this collection is estimated to be approximately 31 hours per response 
for providing to NARA the information specified in proposed 
Sec. 1281.18 or in proposed Sec. 1281.20, including the time for 
gathering and maintaining the data needed and completing and reviewing 
the collection of information. A respondent would be required to submit 
a response on a one-time basis, when the new Presidential library is to 
be offered to the Government or when a gift to wholely fund a change or 
addition to a Presidential library is proposed. We estimate that fewer 
than one response will be required annually. Comments are invited on 
(a) whether the proposed collection of information is necessary for the 
proper performance of NARA's functions, including whether the 
information would have practical utility; (b) the accuracy of NARA's 
estimate of the burden of the proposed collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including the use of automated collection 
techniques or other forms of information technology.

[[Page 45204]]

Please send any comments to NARA and OMB (see ADDRESSES).

List of Subjects in 36 CFR Part 1281

    Archives and records, Federal buildings and facilities, 
Incorporation by reference, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, NARA proposes to add a 
new Part 1281 in Subchapter G of Chapter XII, Title 36, Code of Federal 
Regulations, to read as follows:

PART 1281--PRESIDENTIAL LIBRARY FACILITIES

Sec.
1281.1  Purpose.
1281.2  Definitions.
1281.4  Initial consultation with NARA.
1281.6  NARA review during design phase.
1281.8  NARA review during construction phase.
1281.10  Certifications.
1281.12  Equipment.
1281.14  Equipment not considered for purposes of the endowment.
1281.16  Waiver of equipment requirements.
1281.18  Information to be given to NARA for its report to Congress 
on a new Presidential library facility.
1281.20  Information to be given to NARA for its report to Congress 
on a change or addition to a Presidential library facility.
1281.22  Other documentation to be given to NARA for a new 
Presidential library and changes or additions to existing libraries.
1281.24  Endowment.
1281.26  NARA standard for measuring building size.

    Authority: 44 U.S.C. 2104(a), 2112.


Sec. 1281.1  Purpose.

    (a) This part implements provisions of the Presidential Libraries 
Act, codified at 44 U.S.C. 2112 (a) and (g), which require the 
Archivist of the United States to promulgate architectural and design 
standards for new and existing Presidential libraries, to submit a 
written report to the Congress before accepting new libraries or 
certain proposed physical or material change or addition to an existing 
library; and to ensure that the endowment specified by 44 U.S.C. 
2112(g) is available.
    (b) This part applies to design and construction of new libraries 
that are offered to NARA on or after [the effective date of the final 
regulation] and to material changes or additions to new and existing 
libraries funded wholly by gift on or after that date.


Sec. 1281.2  Definitions.

    The following definitions apply to this part:
    Archival functions. The term means arranging, describing, 
reviewing, preserving, reproducing, restoring, exhibiting, and making 
available Presidential and other records and historical materials in 
the care and custody of the Presidential libraries, and includes the 
salaries and expenses of NARA personnel performing those functions.
    BOMA standard. The Building Owners and Managers Organization 
Standard Method for Measuring Floor Areas in Office Buildings, dated 
June 7, 1996, and also listed as ANSI Z65.1-1996, which is hereby 
incorporated by reference in this part. The standard cited in this 
paragraph is available from the American National Standards Institute, 
(ANSI), Inc., 11 West 42nd Street, New York, NY 10036. It is also 
available for inspection at the Office of the Federal Register, 800 
North Capitol Street, NW., Suite 700, Washington, D.C. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
materials are incorporated by reference as they exist on the date of 
approval and a notice of any change in these materials will be 
published in the Federal Register.
    Equipment. As used in this part, the term means operating equipment 
that must be furnished with the new library. Operating equipment is 
essential to the operation of the Library and is built into the 
facility or permanently mounted to the structure.
    Existing library. Any Presidential library created as a depository 
for the papers, documents, and other historical materials and Federal 
records pertaining to any President who took the oath of office as 
President for the first time before January 20, 1985.
    Facility operations. Those activities, including administrative 
services, involved with maintaining, operating, protecting, and 
improving a Presidential library.
    Foundation. A private, non-profit organization formed to construct 
the library and to provide continuing support for various library 
programs.
    Historical materials. The term historical materials has the meaning 
set forth at 44 U.S.C. 2101.
    New library. Any Presidential library created as a depository for 
the Presidential records, historical materials, and Federal records 
pertaining to any President who takes the oath of office as President 
for the first time on or after January 20, 1985.
    Physical or material change or addition. Any addition of square 
footage, as defined by the BOMA Standards, or any physical or material 
change to the existing structure of a new (or existing) library that 
results in a significant increase in the cost of facility operations.
    Presidential library. Presidential library means a Presidential 
archival depository as defined in 44 U.S.C. 2101.
    Presidential records. The term has the meaning set forth at 44 
U.S.C. 2201.


Sec. 1281.4  Initial consultation with NARA.

    The Foundation is encouraged to consult with NARA's Office of 
Presidential Libraries early in the planning of a new Presidential 
library or of a physical or material change or addition to a new or 
existing library. NARA will furnish the Foundation a copy of the NARA 
document ``Architectual and Design Standards for Presidential 
Libraries.'' Others may request a single copy by writing the Office of 
Presidential Libraries (NL), Room 2200, 8601 Adelphi Road, College 
Park, Maryland 20740-6001.


Sec. 1281.6  NARA review during design phase.

    During the design phase of a Presidential library, the Foundation 
must schedule review points that will allow for NARA review of design 
and construction documents. In conducting reviews under this section, 
NARA will use the guidelines set forth in the NARA document 
``Architectural and Design Standards in Presidential Libraries.'' The 
review points include:
    (a) Conceptual development. One NARA review must occur at 
completion of the development of functional relationships and block 
diagraming and another NARA review must occur at completion of the 
development of a building floor plan, interior plans, building 
sections, elevations, site plan, roofing systems, and other major 
features. NARA will review site plans for security vulnerability, 
access for the disabled, geographic features and vulnerabilities such 
as flood plains or earthquake fault zones, and appropriate parking 
spaces, including visitor, bus, and van parking. NARA also will review 
the architect's preliminary estimate of the facility size and will 
provide the Foundation information for purposes of planning the 
endowment.
    (b) Design development. NARA review must occur at the completion of 
design development drawings when the details and finishes of all major 
spaces and functions are determined and when building systems, 
mechanical equipment, and systems design have been determined. NARA 
will review major fire suppression systems, security systems and 
security control locations, vault security, environmental requirements, 
building and mechanical systems controls, secured exit locations

[[Page 45205]]

and entrances, computer and communications equipment design plans, and 
preliminary equipment and furniture specifications. NARA will review 
building systems, equipment, construction materials and furniture 
specifications to ensure that materials with certain environmental and 
off-gassing effects are not used.
    (c) Construction documents. NARA review of final construction 
documents must be scheduled with sufficient time to incorporate changes 
and any final comments before the project is given to a contractor for 
the actual construction.


Sec. 1281.8  NARA review during construction phase.

    The Foundation must provide for NARA review at the points specified 
in paragraphs (a) and (b) of this section during the construction of 
the Presidential library. In conducting reviews and inspections under 
this section, NARA will use the guidelines set forth in the NARA 
document ``Architectural and Design Standards in Presidential 
Libraries.''
    (a) Pre-final inspection walk through. NARA must conduct a review 
of construction at the 75% stage of completion. The Foundation must 
ensure that construction deficiencies identified in this review, if 
any, are reviewed and corrected before final completion of the project.
    (b) Final inspection. NARA will conduct a final inspection when the 
Foundation notifies NARA that the construction contractor certifies and 
the Construction Quality Manager (CQM) verifies that the project is 
substantially (99%) completed and available for occupancy except for 
very minor corrections typically listed on a final punch list for the 
project. The NARA inspection will review all completed construction in 
accordance with the construction documents; evaluate the CQM and 
architect/engineer certifications of the work as provided in 
Sec. 1281.11; review the inspections and testing reports of the work in 
progress provided by the construction contractor and CQM; and verify 
that all building systems are operating and will provide for safe 
keeping of documents and artifacts. Upon successful completion of the 
inspection; and certify to Congress that the building is ready for 
Government acceptance and occupancy.


Sec. 1281.10  Certifications.

    (a) The Foundation must require the design architect or engineer 
who prepares the construction documents to certify that their design 
and their plans and specifications meet the standards promulgated 
pursuant to 44 U.S.C. 2112(a)(2). This certification by the designer 
must be in the form of a written certification letter with the seal of 
the professional architect and engineer affixed to the certification 
indicating that the design has complied with these requirements.
    (b) The Foundation must engage a separate and independent 
Construction Quality Manager (CQM). The CQM functions cannot be 
provided by the design architect/engineer. The qualifications and scope 
of duties of the CQM should be approved by NARA prior to selection. 
Before NARA will accept the completed library project, the CQM must 
provide a certification that the project was built in accordance with 
the design and specification requirements. At the end of the project, 
the CQM also must provide a certification that all tests and 
inspections of all systems have been completed and must gather all 
documents and information, including test results, and bind those in a 
CQM document that records the results of the CQM effort. A CQM must:
    (1) Certify that all construction work is completed in accordance 
with the final construction documents;
    (2) Review and certify all construction installations and 
materials, including any work that will become hidden or covered by 
later work, specific attention being given to reinforcement of 
foundations and secure vault walls and other systems where the quality 
of the final product depends on a complete installation;
    (3) Review all tests on completed assemblies such as roofing 
systems, window glazing systems, sprinkler and fire protection systems, 
emergency lighting systems, mechanical equipment operation, and other 
assemblies and certify that the tests meet the requirements of the 
design documents;
    (4) Approve all finishes to ensure that they meet the environmental 
quality criteria specified in the Architectural and Design Standards 
for Presidential Libraries;
    (5) Evaluate all shop drawings and inspect work completed by 
subcontractors to certify that the work meets the intent of the design 
documents and the approved shop drawings; and
    (6) Participate in punch lists and routine inspections to certify 
that the construction meets the design requirements and all corrections 
have been made before the building is accepted by the Government.
    (c) NARA will use the certifications provided under this section, 
and the results of the reviews and inspections conducted under 
Secs. 1281.6 and 1281.8, to make the certification required of the 
Archivist under 44 U.S.C. 2112(a)(3)(G).


Sec. 1281.12  Equipment.

    The Foundation must provide the equipment specified in this section 
as part of the new Presidential library. The NARA document 
``Architectural and Design Standards in Presidential Libraries'' 
provides equipment guidelines, recommendations, and minimum 
requirements. The cost of the equipment is included in the calculations 
of the endowment provided by the Foundation pursuant to 44 U.S.C. 
2112(g)(3). Required equipment items are:
    (a) Building mechanical systems, including HVAC equipment, the 
automated buildings control system, and fume hoods/exhaust system;
    (b) Building plumbing systems, including sump pumps;
    (c) Specialized cool and cold storage systems;
    (d) Fire safety systems, including the sprinkler and detection/
alarm and emergency public address components;
    (e) Emergency generator and any other emergency and exit lighting;
    (f) High-quality security systems, including CCTV;
    (g) Shelving for archival and museum storage that meets the 
following specifications:
    (1) Records storage shelving. Records storage shelving must have a 
capacity for at least 30,000 cubic feet of general records and 7,000 
cubic feet of classified records (for a one-term administration's 
library) or a capacity for at least 37,500 cubic feet of general 
records and 8,750 cubic feet of classified records (for a two-term 
administration). NARA strongly recommends the use of electrically-
operated compact shelving as the only practical method of achieving the 
required storage capacity within the space limits of the endowment 
formula;
    (2) Museum storage equipment. Museum storage shelving must provide 
for a minimum of 15,000 cubic feet of materials. Electrically-operated 
compact storage systems are permitted;
    (3) Audiovisual storage equipment. The cold storage room shelving 
must provide capacity for 5,000 cubic feet of audiovisual materials. 
Electrically-operated compact shelving is permitted;
    (h) Carpeting and other suitable floor coverings;
    (i) Built-in furnishings such as lobby information desks;
    (j) Telecommunications and computer communications main 
distribution frames, intermediate distribution frames (IDF's), 
concentrators, routers, conduit, cable raceways, distribution back-
bone,

[[Page 45206]]

frame-to-frame cabling, and local cabling from the IDF's to the work 
stations (but not the actual telephone sets or computer systems and 
equipment);
    (k) Audio-visual equipment built-in to the building including 
ceiling-mounted screens in the conference/training room, a retractable 
screen for video, a ceiling-mount video projector (XVGA) with interface 
wall outlet for the conference/training room, and a retractable 
projection screen for the auditorium (but not portable audio-visual 
equipment such as slide projectors, stand-alone screens, portable 
lecterns, portable video equipment for recording of events, or 
equipment used for the preservation or duplication of audio-visual 
materials, or used to provide reference service). If the library has a 
separate theater for public events, audiovisual equipment also includes 
sound systems installed in the theater and projection equipment mounted 
in the theater;
    (l) Orientation theater equipment and furnishings including fixed 
seating to accommodate at least 100 people, a podium, a projection 
booth fully equipped to project recorded video (betacam, \3/4\'' and 
laser disk) and computer graphics (XVGA); a sound system, and an 
assisted listening system;
    (m) A double sink with garbage disposal, two counter cabinets with 
at least 36'' of counter space with under counter cabinets in the staff 
lunchroom;
    (n) A double sink with garbage disposal and four counter cabinets 
with at least 72'' of counter space with under counter cabinets for the 
catering kitchen; and
    (o) Paint booth with hood and appropriate ventilation and an 
exhaust fan for the paint room.


Sec. 1281.14  Equipment not considered for purposes of the endowment.

    In addition to the items specifically excluded in Sec. 1281.12, the 
following types of items are not considered equipment for the purposes 
of the endowment:
    (a) Stand-alone, modular, or systems furniture in offices, research 
rooms and public areas;
    (b) Equipment to read microforms;
    (c) Equipment, including power- and hand-tools, to design, 
construct, install and display museum exhibitions;
    (d) Suitable wall hangings, paintings, and framed photographs for 
use as wall decorations; office equipment; and
    (e) Other additional stand-alone equipment and furnishings 
necessary to carry out library programs.


Sec. 1281.16  Waiver of equipment requirements.

    If, as part of its review and inspection process, NARA specifies 
the use of a particular piece or type of equipment required under 
Sec. 1281.12, the Foundation may request a waiver. NARA will grant a 
waiver only if the changes result in the provision of equal or better 
equipment for the Library.


Sec. 1281.18  Information to be given to NARA for its report to 
Congress on a new Presidential library facility.

    The Foundation must provide the information specified in this 
section to the Office of Presidential Libraries (NL), Room 2200, 8601 
Adelphi Rd., College Park, MD 20740-6001, at least 6 months in advance 
of the anticipated date of transfer of the Library to NARA. If a State, 
political subdivision, university, institution of higher learning, or 
institute will make the land, facility, and equipment available to NARA 
under an agreement without transfer of the title to the United States 
Government, that party must provide the information specified in 
paragraphs (c) and (d) of this section. The information that must be 
provided to NARA is:
    (a) A description of the land, facility, and equipment offered as a 
gift or to be made available without transfer of title, which must 
include:
    (1) The legal description of the land, including plat;
    (2) Site plan, floor plans, building sections and elevations, 
artist's representation of building and grounds;
    (3) Description of building contents, including furniture, 
equipment, and museum installations; and
    (4) Measurement of the facility in accordance with Sec. 1281.26;
    (b) Statement of the estimated total cost of the library;
    (c) A statement of the terms of the proposed agreement for transfer 
or use of the facility, if any, which must include:
    (1) Copies of the proposed instrument of gift, perpetual lease, or 
other legal instrument accomplishing transfer of the facility;
    (2) Copies of any proposed agreements between the state, other 
political subdivision, the donating group, other institutions, and the 
United States which may affect ownership or operation of the Library 
facility; and
    (3) A statement of and copies of any proposed agreements concerning 
the proposed support of Library programs by non-federal sources;
    (d) A description (including estimated costs) of any additional 
improvements and equipment being provided by any State government 
agency (provided by the State government agency);
    (e) A statement on cost-saving design features of the building; and
    (f) the written certification from the independent Construction 
Quality Manager (CQM) required by Sec. 1281.10.


Sec. 1281.20  Information to be given to NARA for its report to 
Congress on a change or addition to a Presidential library facility.

    (a) This section applies only if a physical or material change or 
addition to a new or existing library is funded wholly by gift.
    (b) The Foundation or other party offering the gift to NARA must 
provide the information specified in this section to the Office of 
Presidential Libraries (NL), Room 2200, 8601 Adelphi Rd., College Park, 
MD 20740-6001, at least 270 days in advance of the anticipated date 
that work will begin on the physical or material change or addition to 
the Library. The information that must be provided to NARA is:
    (1) A description of the gift, which must include as appropriate:
    (i) The legal description of the land, including plat;
    (ii) Site plan, floor plans, building sections and elevations, 
artist's representation of building and grounds as they will be 
affected by the gift;
    (iii) Description of building contents that are part of the gift, 
including furniture, equipment, and museum installations; and/or
    (iv) Measurement of the addition or change to the facility in 
accordance with Sec. 1281.26.
    (2) A statement of the estimated total cost of the proposed 
physical or material change or addition to the library.
    (3) A statement of the purpose of the proposed change or addition.
    (4) A statement of any additional improvements and/or equipment for 
the library associated with the change or addition.
    (5) A written certification that the Library and the equipment 
therein will comply with NARA standards after the change or addition is 
made.


Sec. 1281.22  Other documentation to be given to NARA for a new 
Presidential library and changes or additions to existing libraries.

    Before NARA accepts the library, or as a condition of acceptance of 
a gift that will wholely fund a physical or material change or addition 
to an existing library, the foundation must provide NARA:
    (a) As-built drawings. Three hard copies (sepia and two prints) and 
one electronic copy (construction documentation created on an 
electronic drafting system) of the as-built

[[Page 45207]]

drawings. All hard copies of specifications and drawings must be signed 
and stamped by a Professional Engineer or Registered Architect.
    (b) Project specifications. Two sets in hard copy and an electronic 
copy in word processing format of all specifications and all design 
calculations for the project.
    (c) Operation and maintenance manuals. Four copies of the 
manufacturer's operation and maintenance (O&M) manuals for each major 
system or item of equipment. The O&M manuals should present information 
in sufficient detail to clearly explain O&M requirements at the system, 
equipment, component, and subassembly level.
    (d) Computer based maintenance management system (optional). If the 
foundation provides an automated maintenance management system for the 
library to provide for asset management of all installed equipment and 
to provide a database of all of the operation and maintenance 
information contained in the operations and maintenance manuals (see 
paragraph (c) of this section), the foundation must provide to NARA:
    (1) A valid licensed copy of the software;
    (2) Computer and printer which provide full functionality and 
performance to operate the s ystem effectively;
    (3) Technical manuals on the operation of the system;
    (4) Fully installed software, including the loading of all 
equipment, part inventory, and preventive maintenance requirements for 
all equipment;
    (5) Bar coding of all major pieces of equipment with bar code data 
entered into the software database;
    (6) Training on the use and operation of the software and hardware.
    (e) Shop drawings.
    (f) Keys and key cabinet.
    (g) Spare parts (attic stock) supplied by the contractor.
    (h) Submittals (product description sheets).
    (i) All general building warranties, assigned to NARA acting for 
the United States Government. The following information must be 
provided on all of the warranties:
    (1) Equipment or systems covered by the warranty;
    (2) Warranty period (dates);
    (3) Warranty contacts with names, addresses and telephone numbers;
    (4) The name, address, and telephone number of the guarantor's 
representative nearest to the location where the equipment and 
appliances are installed; and
    (5) Bonding company name and address.
    (j) Extended equipment and product warranty list. A bound and 
indexed notebook containing written warranties for equipment/products 
that have extended warranties (warranty period exceeding the standard 
one-year warranty), and with a complete listing of such equipment/
products. The equipment/product listing must state the specification 
section applicable to the equipment/product, duration of the warranty, 
start date of the warranty, ending date of the warranty, and the point 
of contact for fulfillment of the warranty.
    (k) Final inspection report indicating all punch list items have 
been corrected.
    (l) User training manuals.
    (m) Framed instructions.
    (n) User training on all systems and components.
    (o) Training videos on:
    (1) Operation of all major mechanical equipment, including boilers, 
chillers, cooling towers, and air handling equipment;
    (2) Operation of all access control systems, including programming 
the card readers, operating the computer based security database, and 
use of closed circuit television and intrusion detection systems;
    (3) Building management systems and computer based energy 
management systems, security systems, fire control systems and alarms, 
LAN and WAN telecommunications systems, and lighting control systems, 
including training on maintaining and replacing lighting control 
sensors.
    (p) Personnel training requirements.
    (q) Final completion photos.
    (r) Operating instructions for all mechanical systems and built-in 
equipment, such as audiovisual and public address systems, fire 
detection systems, security systems, etc.
    (s) Preventive maintenance requirements on all major equipment.
    (t) Parts identification.
    (u) Special testing equipment and any special tools required for 
maintenance.
    (v) Occupancy permit from the local jurisdiction.
    (w) Certificates of testing and a copy of all test results, which 
must be made by an independent accredited testing laboratory qualified 
to performed sampling and tests of building materials. Acceptable 
accreditation programs are the National Institute of Standards and 
Technology (NIST), National Voluntary Laboratory Accreditation Program 
(NVLAP), the American Association of State Highway and Transportation 
Officials (AASHTO) program and the American Association for Laboratory 
Accreditation (AALA) program.


Sec. 1281.24  Endowment.

    (a) The donor of a new Presidential library must establish an 
endowment for the library in the National Archives Trust Fund before 
the library is transferred to NARA. The endowment requirements for new 
libraries are set forth in 44 U.S.C. 2112(g) (1) through (3).
    (b) The Archivist must determine that the endowment requirements of 
44 U.S.C. 2112(g)(4) are met before the Archivist may accept any gift 
for a proposed physical or material change or addition to a new 
Presidential library that would result in an increase in the costs of 
facility operations, or may implement any provision of law requiring 
the making of such a change or addition.
    (c) Endowment funds may be used to cover facility operations 
expenses, but may not be used to cover archival functions expenses.


Sec. 1281.26  NARA standard for measuring building size.

    (a) For purposes of 44 U.S.C. 2112(g) (3) and (4), and this part, 
NARA has adopted the Building Owners and Managers Organization (BOMA) 
Standard Method for Measuring Floor Areas in Office Buildings, dated 
June 7, 1996 (ANSI Z65.1-1996) (incorporated by reference in 
Sec. 1281.2), as the standard for measuring the size of the facility, 
and the BOMA Usable Square Footage (except that service corridors 
described in paragraph (c) of this section are excluded from the 
measurement) as the value for calculating the endowment. NARA has 
determined that excluding service corridors from the BOMA Usable Square 
Footage serves a public purpose: to ensure that adequate-width 
corridors are provided between the areas cited. In its report to 
Congress NARA must certify the square footage of the building (or 
portion thereof) that will be maintained by NARA.
    (b) Useable square footage is measured from inside finish to inside 
finish wall of the occupied areas, exclusive of building support areas 
and construction areas defined in paragraph(c) of this section. For 
exterior glass walls, the finish areas will be measured based on the 
``dominant portion'' of the wall as defined in the BOMA standard. If, 
for example a window is over 50% of the wall area, then the inside face 
of the window is the dominant portion and will be used for measurement 
of usable area. Include the areas of all walls and partitions within 
the space that will be maintained by NARA.

[[Page 45208]]

    (c) The ``useable square footage'' excludes the following spaces 
when they occur within the spaces maintained by NARA. These specific 
areas are considered part of the common building space and not 
assignable as part of the total usable square footage.
    (1) Circulation. (i) Main and secondary service corridors. Service 
corridors provide access between the loading dock, records and museum 
item storage areas, research rooms, and the museum display area. In 
order to qualify for exemption as a ``service corridor'' the corridor 
must be enclosed on both sides by floor to ceiling walls. General 
purpose corridors used for staff and visitor circulation are not 
excluded.
    (ii) Code-required corridors. In order to qualify for exemption as 
a ``code required corridor'' the corridor must be enclosed on both 
sides by a fire-rated wall from floor slab to structural slab above and 
must be a required part of a ``means of egress'' or ``horizontal exit'' 
as defined in Section 5-1, 2 of the Life Safety Code (NFPA 101, 1997 
edition), which is hereby incorporated by reference. The standard cited 
in this paragraph is available from the National Fire Protection 
Association, 1 Batterymarch Park, Quincy, MA 02269-9101. It is also 
available for inspection at the Office of the Federal Register, 800 
North Capitol Street, NW., Suite 700, Washington, D.C. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
materials are incorporated by reference as they exist on the date of 
approval and a notice of any change in these materials will be 
published in the Federal Register.
    (iii) Elevator shafts.
    (iv) Stairs.
    (v) Entrance weather vestibules.
    (2) Service areas. (i) Public rest rooms (rest rooms that are only 
accessible to members of the staff are not excluded).
    (ii) Maintenance rooms.
    (iii) Locker rooms for custodial and mechanical staff.
    (iv) Custodial closets (with or without sinks).
    (v) Maintenance and custodial storerooms.
    (vi) The driveway-level portion of the loading dock area within the 
exterior line of the building used solely to provide protection from 
the weather while loading/unloading.
    (3) Mechanical/electrical areas. (i) Duct and service shafts.
    (ii) Mechanical equipment rooms and boiler rooms.
    (iii) Telecommunications closets.
    (iv) Electrical closets.

    Dated: August 17, 1998.
John W. Carlin,
Archivist of the United States.
[FR Doc. 98-22673 Filed 8-24-98; 8:45 am]
BILLING CODE 7515-01-P