25 August 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

-------------------------------------------------------------------------

[Federal Register: August 25, 1998 (Volume 63, Number 164)]
[Proposed Rules]
[Page 45203-45208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au98-15]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
