[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41917-41919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19814]



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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.

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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 air-conditioning 
(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: [email protected].

FOR FURTHER INFORMATION CONTACT: Kirsten Brinker Kulis, (202) 606-8517, 
[email protected].

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 [email protected], 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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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 [email protected] 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 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 
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 Sec. Sec.  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

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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]
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