83 FR 35672 - 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

ADVISORY COUNCIL ON HISTORIC PRESERVATION

Federal Register Volume 83, Issue 145 (July 27, 2018)

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.

[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35672-35674]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 4310-K6-P