[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35672-35674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16104]
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
Notice of Amendments to the 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.
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SUMMARY: The Advisory Council on Historic Preservation (ACHP) has
approved amendments to the Program Comment for the U.S. General
Services Administration (GSA) that sets forth the way in which GSA
complies 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 amendments extend the life of the Program Comment
through August 1, 2033, and update its reporting requirements.
DATES: The amendments took effect on July 27, 2018.
ADDRESSES: Address any questions concerning the amendments to Kirsten
Kulis, Office of Federal Agency Programs, Advisory Council on Historic
Preservation, 401 F Street NW, Suite 308, Washington, DC 20001.
FOR FURTHER INFORMATION CONTACT: Kirsten Kulis, (202) 517-0217,
[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 an applicable Program Comment
and following the steps set forth in that comment.
On August 7, 2009, the ACHP issued such a Program Comment, for use
by the General Services Administration (GSA), regarding repairs and
upgrades to windows, lighting, roofing, and heating, ventilating, and
air conditioning. Under the Program Comment, such repairs are
undertaken using GSA's Technical Preservation Guidelines (https://www.gsa.gov/node/80914), and are limited to those that do not adversely
affect the qualities that qualify a subject historic building for
listing in the National Register of Historic Places.
That Program Comment was set to expire on August 1, 2018. Earlier
this year, GSA requested the ACHP to extend its term for fifteen (15)
years, until August 1, 2033, and to de-couple its reporting
requirements from those that occur under Section 3 of Executive Order
13287.
In late May 2018, after GSA requested consideration of such
amendments, the ACHP held a conference call with the National
Conference of State Historic Preservation Officers and the National
Park Service (Technical Preservation Services). In late June 2018, ACHP
emailed its members and other stakeholders requesting comments. Perhaps
given the limited nature of the Program Comment itself and the
straightforwardness of the proposed amendments, ACHP did not receive
any substantive comments. The non-substantive comments received were
incorporated and are reflected in final amended version (see below).
The ACHP membership voted unanimously to adopt the mentioned
amendments on July 20, 2018.
What follows is the text of the Program Comment, incorporating the
adopted amendments:
Program Comment for General Services Administration Repairs and
Upgrades to Windows, Lighting, Roofing, and Heating, Ventilating, and
Air-Conditioning (HVAC), as Amended
I. Establishment and Authority: This Program Comment was issued by
the Advisory Council on Historic Preservation (ACHP) as ``Program
Comment for General Services Administration Repairs and Upgrades to
Windows, Lighting, Roofing, and Heating, Ventilating, and Air-
Conditioning (HVAC)'' 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, 54 U.S.C. 306108, 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. This
Program Comment was amended in July 2018 to, among other things, extend
its duration to August 1, 2033.
II. Applicability to General Services Administration: Only GSA may
use this Program Comment.
III. Date of Effect: This Program Comment went into effect on
August 7, 2009 and was amended in July 2018.
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:
[[Page 35673]]
(i) Making a determination that the proposed Repair/Upgrade may not
adversely affect a historic property;
(ii) Notifying the relevant State Historic Preservation Officer
(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 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 preservation 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 office, 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 and upgrades to historic building windows, lighting,
roofing, and heating, ventilating and air conditioning (HVAC) systems
undertaken in accordance with GSA Guidelines (Appendix B), 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 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 website. 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 www.achp.gov and www.gsa.gov/historicpreservation.
XI. Reports: GSA will include in its reports under Section 3 of
Executive Order 13287, or as separate reports submitted to the parties
via electronic mail on or before the Section 3 reporting deadline, 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 VII and VIII, 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, 2033, 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
GSA PROGRAM COMMENT NOTIFICATION FORM
I. General
Building name(s):
[[Page 35674]]
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 the following:
--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 will 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.
GSA Regional Historic Preservation Officer Signature:
Date:
Appendix B--GSA Technical Preservation Guidelines
(Please refer to https://www.gsa.gov/node/80914 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.'')
(END OF DOCUMENT)
Authority: 36 CFR 800.14(e).
Dated: July 24, 2018.
John M. Fowler,
Executive Director.
[FR Doc. 2018-16104 Filed 7-26-18; 8:45 am]
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