Agency Information Collection Activities; National Park Service Concessions, 26149-26153 [2019-11707]

Download as PDF Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). GEORGIA Chandra Little, Acting Information Collection Clearance Officer, Bureau of Land Management. Kansas City Star Building, 1729 Grand Blvd., Kansas City, SG100004102 National Park Service, Interior. Notice. AGENCY: The National Park Service is soliciting comments on the significance of properties nominated before May 18, 2019, for listing or related actions in the National Register of Historic Places. DATES: Comments should be submitted by June 20, 2019. ADDRESSES: Comments may be sent via U.S. Postal Service and all other carriers to the National Register of Historic Places, National Park Service, 1849 C St. NW, MS 7228, Washington, DC 20240. SUPPLEMENTARY INFORMATION: The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before May 18, 2019. Pursuant to Section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Nominations submitted by State Historic Preservation Officers: SUMMARY: Jkt 247001 Nominations submitted by Federal Preservation Officers: The State Historic Preservation Officer reviewed the following nominations and responded to the Federal Preservation Officer within 45 days of receipt of the nominations and supports listing the properties in the National Register of Historic Places. MONTANA Blaine County Cow Island Landing Skirmish Site, Approx. 28 mi. NE of Winifred, Winifred vicinity, SG100004103 Cow Creek Skirmish Historic District, Approx. 28 mi. NE of Winifred, Winifred vicinity, SG100004104 UTAH Garfield County Chaffin Camp Site (Ranching Resources of the Robbers Roost/Under the Ledge areas within Canyonlands NP and Glen Canyon NRA MPS), Address Restricted, Hite vicinity, MP100004110 Wayne County Cowboy Rock Shelter Site (Ranching Resources of the Robbers Roost/Under the Ledge areas within Canyonlands NP and Glen Canyon NRA MPS), Address Restricted, Hanksville vicinity, MP100004109 WASHINGTON Grant County Columbia Basin Project Irrigation Division Headquarters Office, 32 C St. NW, Ephrata, SG100004099 Authority: Section 60.13 of 36 CFR part 60. Dated: May 20, 2019. Christopher Hetzel, Acting Chief, National Register of Historic Places/National Historic Landmarks Program. [FR Doc. 2019–11670 Filed 6–4–19; 8:45 am] BILLING CODE 4312–52–P PO 00000 Frm 00086 Fmt 4703 [NPS–WASO–BSD–CONC–NPS0027443; PPWOBSADC0, PPMVSCS1Y.Y00000 (199); OMB Control Number 1024–0029] Agency Information Collection Activities; National Park Service Concessions National Park Service, Interior. Notice of information collection; request for comment. ACTION: Brookdale Farm Historic District, 805 Newman Springs Rd., Middletown Township, SG100004105 National Register of Historic Places; Notification of Pending Nominations and Related Actions National Park Service AGENCY: Monmouth County [NPS–WASO–NRNHL–DTS–27995; PPWOCRADI0, PCU00RP14.R50000] jbell on DSK3GLQ082PROD with NOTICES Jackson County NEW JERSEY National Park Service 19:03 Jun 04, 2019 MISSOURI Maine Street Historic District, Downtown along Maine & Center Sts. & Williams Ave., Fallon, SG100004098 DEPARTMENT OF THE INTERIOR VerDate Sep<11>2014 Nolan, James A., House, 4690 A Bostwick Hwy., Madison, SG100004106 Churchill County BILLING CODE 4310–84–P ACTION: DEPARTMENT OF THE INTERIOR Morgan County NEVADA [FR Doc. 2019–11813 Filed 6–4–19; 8:45 am] 26149 Sfmt 4703 In accordance with the Paperwork Reduction Act of 1995, we, the National Park Service (NPS) are proposing to renew an information collection. DATES: Interested persons are invited to submit comments on or before August 5, 2019. ADDRESSES: Send your comments on this information collection request (ICR) by mail to Phadrea Ponds, Acting NPS Information Collection Clearance Officer, 1201 Oakridge Drive, Fort Collins, CO 80525; or by email at phadrea_ponds@nps.gov; or by telephone at 970–267–7231. Please reference OMB Control Number 1024– 0029 in the subject line of your comments. FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR by mail, contact Kurt Rausch, Acting Chief, Commercial Services Program, National Park Service, 1849 C Street NW, Washington, DC 20240; or by email at kurt_rausch@nps.gov; or by telephone at 202–513–7156. Please reference OMB Control Number 1024– 0029 in the subject line of your comments. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the NPS; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the SUMMARY: E:\FR\FM\05JNN1.SGM 05JNN1 jbell on DSK3GLQ082PROD with NOTICES 26150 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices NPS enhance the quality, utility, and clarity of the information to be collected; and (5) how might the NPS minimize the burden of this collection on the respondents, including through the use of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: Private businesses under contract to the NPS manage food, lodging, tours, whitewater rafting, boating, and many other recreational activities and amenities in more than 100 national parks. These services gross more than $1 billion every year and provide jobs for more than 25,000 people during peak season. The regulations codified in 36 CFR part 51 primarily implement Title IV of the National Parks Omnibus Management Act of 1998 (54 U.S.C. 101911 et seq. also referred to as Pub. L. 105–391), which provides legislative authority, policies, and requirements for the solicitation, award, and administration of NPS concession contracts. Furthermore, 54 U.S.C. 101911 et seq. provides that ‘‘all proposed concession contracts shall be awarded by the Secretary to the person, corporation or other entity submitting the best proposal, as determined by the Secretary through a competitive selection process. Such competitive process shall include simplified procedures for small, individuallyowned, concessions contracts.’’ We collect the following information associated with the administration of concessions: • Description of how respondent will conduct operations to minimize disturbance to wildlife; protect park resources; and provide visitors with a high quality, safe, and enjoyable visitor experience. • Organizational structure and history and experience with similar operations. • Details on violations or infractions and how they were handled. • Financial information and demonstration that respondent has VerDate Sep<11>2014 19:03 Jun 04, 2019 Jkt 247001 credible, proven track record of meeting obligations. Concessioner Annual Financial Report (Forms 10–356, 10–356A, and 10–356B) The Concessioner Annual Financial Report provides concessioner financial information as required by each concession contract. This information is necessary to comply with the requirements placed on the Secretary of the Interior by Congress. Title IV, Section 407 of the National Parks Omnibus Management Act of 1998 (Pub. L. 105–391) requires that ‘‘a concessions contract shall provide for payment to the Government of a franchise fee or other such monetary consideration as determined by the Secretary, upon consideration of the probable value to the concessioner of the privileges granted by the particular contract involved. Such probable value shall be based upon a reasonable opportunity for net profit in relation to capital invested and the obligations of the contract.’’ In accordance with 36 CFR part 51, subpart I concession contracts are required to ‘‘provide for payment to the Government of a franchise fee or other monetary consideration as determined by the Director upon consideration of the probable value to the concessioner of the privileges granted by the contract involved.’’ In order to verify the accuracy of the report and payments of franchise fees, concessioners with gross receipts of over $1 million are required to have financial statements audited by an independent certified public accountant and have them express an opinion on the financial statements. Concessioners with gross receipts between $500,000 and $1 million must have a review opinion by an independent accountant, a lesser requirement and burden. Form 10–356, ‘‘Concessioner Annual Financial Report’’—is an accumulation of various financial statements commonly used by industry for reporting in conformance with generally accepted accounting principles. The information provides a comprehensive view of the concessioner’s financial situation at the end of its fiscal year and the concessioner’s activity over the preceding year. Careful analysis provides an effective tool in the decision making process and for the tracking of concessioner and Government contractual obligations for payments and maintenance and construction requirements. The financial information being collected is necessary to provide insight into and knowledge of the concessioner’s operation so that this authority can be exercised and franchise fees can be PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 determined in a timely manner and without an undue burden on the concessioner. We collect the following information: • Cover sheet provides identifying information and the concessioner’s certification as to the accuracy of the accompanying report. • Schedule A is an income statement summarizing the financial activity (gross receipts, expenses, and net income) of the period being reported on. • Schedule A–1 is a worksheet for calculating the comprehensive income. • Schedule B is a worksheet for calculating the franchise fee. • Schedule C is a balance sheet comparing the sources (liabilities and equity) with the uses (assets) of the capital of the company at the end of the fiscal year. • Schedule D is a detail of the fixed assets reported on the balance sheet with a special listing of possessory interest or leasehold improvement assets (potential obligations of the Government). • Schedule E is a statement of cash flows. • Schedule F is space reserved for explanatory notes to the report. • Schedule G is a breakdown of gross receipts by major departments. • Schedule H is a detail of departmental income and expenses. • Schedule I is a detail of general and administrative expenses. • Schedule J lists ownership and compensation to officers and owners. • Schedule K details the additions and disposals of fixed assets during the year. • Schedule L is a supporting schedule for any amounts that need further explanation or detail. • Schedule M contains various operational statistics commonplace for the major services provided in parks. • Schedule P provides an accounting for those concessioners who have a contractual repair and maintenance reserve requirement. • Schedule Q lists the projects from that reserve. Form 10–356A, ‘‘Concessioner Annual Financial Report (For Concessioners with Gross Receipts Less than $500,000)’’—In an attempt to reduce administrative burden, concessioners with gross receipts under $500,000 submit only a shorter report (Form 10–356A). This ‘‘short form’’ is a simplified income statement, balance sheet, and operation statistics. Concessioners with gross receipts under $250,000 do not have to submit the balance sheet. Form 10–356B, ‘‘Concessioner Annual Financial Report (For Concessioners E:\FR\FM\05JNN1.SGM 05JNN1 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices with Special Accounts and Utility Addons)’’—A limited number of concessioners have special accounts in lieu of franchise fees or rate add-ons to offset high costs for unique operations. To reduce administrative burden, additional schedules for reporting on these unique contract inclusions are provided in a separate form. The additional schedules include: • Schedule N provides an accounting for those concessioners who have Special Accounts. • Schedule O lists expenditures from Special Accounts. • Schedule R provides an accounting for those concessioners who have approved rate add-ons. jbell on DSK3GLQ082PROD with NOTICES Proposals for Concession Opportunities (Forms 10–357A, 10–357B, 10–358, 10– 359A, 10–359B). The public solicitation process begins with the issuance of a prospectus to invite the general public to submit proposals for the contract. The prospectus describes the terms and conditions of the concession contract to be awarded, the procedures to be followed in the selection of the best proposal, and the information that must be provided. We collect the following information from every offeror: Offeror’s Transmittal Letter. This letter identifies the name of the entity offering a proposal to operate a concession contract and that entity’s contact information. Certificate of Business Entity Offeror. This form identifies the type of entity for the offeror, such as corporation, Limited Liability Company, partnership, etc. • Form 10–357A, ‘‘Business Organization Information Form for Corporation, Limited Liability Company, Partnership or Joint Venture.’’ • Form 10–357B, ‘‘Business Organization Information Form for Individual or Sole Proprietorship.’’ Form 10–358, ‘‘Business History Information Form.’’ We request information about the offeror’s business history to understand any adverse history that could impact future operations under a concession contract. Credit Report. We request offerors submit a credit report so that we can understand the offeror’s credit history and any risks of contracting with the entity. Offeror’s Financial Projection: The Service needs this information to verify there are enough funds available to be able to pay the required expenses to operate the Draft Contract and satisfy any other existing debt. If the offeror’s total debts exceed current assets, VerDate Sep<11>2014 19:03 Jun 04, 2019 Jkt 247001 provide a narrative explaining how these debts will be paid. • Form 10–359A Large Concessions • Form 10–359B Small Concessions In addition to this standard information, we also collect additional information in narrative and form format. The amount of information or degree of detail requested varies widely, depending upon the size and scope of the business opportunity. For example, a much greater amount of detailed information would be required for a multi-unit lodging and food service operation (such as that at Yellowstone), than would be required for a small firewood sales operation. This additional information includes the following which coincide with the five principal selection factors: • Proposals to protect, conserve and preserve resources of the park. These proposals respond to specific resource management objectives and issues at the park and contract in question. • Proposals to provide necessary and appropriate visitor services at reasonable rates. These proposals respond to specific visitor service questions at the park and contract in question. • The experience and related background of the offeror, including past performance and expertise of the offeror in providing the same or similar visitor services as those to be provided under the draft concession contract. • The financial capability of the offeror to carry out its proposal. In particular, we ask for projected financials including initial investments, startup expenses, income statement, operating assumptions, cash flow statement, recapture of investments, and all associated assumptions. • The amount of the proposed minimum franchise fee and other forms of financial consideration. We use all of the information provided to objectively evaluate offers received for a particular business opportunity, assure that the park resources will be adequately protected, and determine which offeror will provide the best service to visitors. Amendments In accordance with 36 CFR 51.15, an offeror may not amend or supplement a proposal after the submission date unless requested by the Director to do so and the Director provides all offerors that submitted proposals a similar opportunity to amend or supplement their proposals. Permitted amendments must be limited to modifying particular aspects of proposals resulting from a general failure of offerors to understand PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 26151 particular requirements of a prospectus or a general failure of offerors to submit particular information required by a prospectus. In accordance with 36 CFR 51.32, if the Director determines that a proposal other than the responsive proposal submitted by a preferred offeror is the best proposal submitted for a qualified concession contract, then the Director must advise the preferred offeror of the better terms and conditions of the best proposal and permit the preferred offeror to amend its proposal to match them. An amended proposal must match the better terms and conditions of the best proposal. If the preferred offeror amends the proposal within the time period allowed, and the Director determines that the amended proposal matches the better terms and conditions of the best proposal, then the Director must select the preferred offeror for award of the contract. Appeals Regulations in 36 CFR 51.47 state that any person may appeal to the Director, a determination that a concessioner is not a preferred offeror for the purposes of a right of preference in renewal and that the appeal must specify the grounds for the appeal. If the appellant does not identify the specific grounds on which it objects to the Director’s initial preferred offeror determination, the Director could make a final determination without fully understanding the appellant’s concerns or without taking into consideration important information the appellant may wish to submit in support of its position. Request To Construct a Capital Improvement In accordance with 36 CFR 51.54, a request for approval to construct a capital improvement must include appropriate plans and specifications for the capital improvement. The request must also include an estimate of the total construction cost of the capital improvement. The estimate of the total construction cost must specify all elements of the cost in such detail as is necessary to permit the Director, NPS to determine that they are elements of construction cost. The approval requirements of this and other sections of 36 CFR part 51 also apply to any change orders to a capital improvement project and to any additions to a structure or replacement of fixtures. Construction Report In accordance with 36 CFR 51.55, a concessioner obtaining a leasehold surrender interest must submit a E:\FR\FM\05JNN1.SGM 05JNN1 26152 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices construction report to the NPS. The construction report must be supported by actual invoices of the capital improvement’s construction cost together with, if requested by the NPS, a written certification from a certified public accountant (CPA). The construction report must document, and any requested certification by the certified public accountant must certify, that all components of the construction cost were incurred and capitalized by the concessioner in accordance with Generally Accepted Accounting Principles (GAAP), and that all components are eligible direct or indirect construction costs. Invoices for additional construction costs of elements of the project that were not completed as of the date of substantial completion may subsequently be submitted to the Director for inclusion in the project’s construction cost. Application To Sell or Transfer Concession Operation 36 CFR part 51, subpart J, provides that a concessioner must obtain NPS approval to assign, sell, convey, grant, contract for, or otherwise transfer: Any concession contract; any rights to operate under or manage the performance of a concession contract as a subconcessioner or otherwise; any controlling interest in a concessioner or concession contract; or any leasehold surrender interest or possessory interest obtained under a concession contract. The amount and type of information to be submitted varies with the type and complexity of the proposed transaction. Information includes, but is not limited to: • Instruments proposed to implement the transaction. • Narrative description of the proposed transaction. • Opinion of counsel that the proposed transaction is lawful under all applicable Federal and State laws. • Statement as to the existence and nature of any litigation relating to the proposed transaction. • Description of the management qualifications, financial background, and financing and operational plans of any proposed transferee. • Description of all financial aspects of the proposed transaction. • Prospective financial statements (proformas). • Schedule that allocates in detail the purchase price (or, in the case of a transaction other than an asset purchase, the valuation) of all assets assigned or encumbered. In addition, the applicant must provide a description of the basis for all allocations and ownership of all assets. Recordkeeping In accordance with 36 CFR 51.98, a concessioner (and any subconcessioner) Total annual responses Activity jbell on DSK3GLQ082PROD with NOTICES must keep and make available to NPS, records for the term of the concession contract and for 5 years after the termination or expiration of the concession contract. Title of Collection: National Park Service Concessions, 36 CFR 51. OMB Control Number: 1024–0029. Form Number: NPS Forms 10–356, 10–356A, 10–356B, 10–357A, 10–357B, 10–358, 10–359A, and 10–359B. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Individuals, businesses, and nonprofit organizations. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: On occasion for proposals, amendments, and appeals; annually for financial reports; and ongoing for recordkeeping. Total Estimated Annual Nonhour Burden Cost: $425,000 $420,000 for proposals associated with expenses for printing, travel for onsite visits, and professional fees; and, $5,000 for application to sell or transfer concession operation associated with preparing and submitting an application, other than expenses for printing, estimated to be approximately $250 per application (× 20 applications). Concessioner Annual Financial Report: Form 10–356, ‘‘Concessioner Annual Financial Report’’ ..................................................... Form 10–356A, ‘‘Concessioner Annual Financial Report (For Concessioners with Gross Receipts Less than $500,000)’’ ........................................................................................ Form 10–356B, ‘‘Concessioner Annual Financial Report (For Concessioners with Special Accounts and Utility Add-ons)’’ ......................................................................................... Proposals for Concession Opportunities: Form 10–359A, ‘‘Large Concession’’ ................................................................................... Form 10–359B, ‘‘Small Concession’’ ................................................................................... Amendments ................................................................................................................................ Appeals ........................................................................................................................................ Request To Contruct a Capital Improvement: Large Projects ...................................................................................................................... Small Projects ....................................................................................................................... Construction Report: Large Project ........................................................................................................................ Small Project ........................................................................................................................ Application To Sell or Transfer a Concession Operation ............................................................ Recordkeeping: Large Concessions ............................................................................................................... Small Concessions ............................................................................................................... Totals ............................................................................................................................. 19:03 Jun 04, 2019 Jkt 247001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM Total annual burden hours * 150 15 2,250 350 4 1,400 30 2 60 30 60 1 1 2 80 1 .5 7,200 4,800 1 1 31 89 16 8 496 712 31 89 20 56 24 80 1,736 2,136 1,600 150 350 800 50 120,000 17,500 1,382 ........................ 159,892 * Rounded. VerDate Sep<11>2014 Completion time per response (hours) 05JNN1 Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Phadrea Ponds, Acting Information Collection Clearance Officer, National Park Service. [FR Doc. 2019–11707 Filed 6–4–19; 8:45 am] BILLING CODE 4312–52–P DEPARTMENT OF THE INTERIOR National Park Service [NPS–IMR–YELL–NPS0027446; PPIMYELL60 PPMVSCS1Z.Y00000 (199); OMB Control Number 1024–0266] Agency Information Collection Activities; Reporting and Recordkeeping for Snowcoaches and Snowmobiles, Yellowstone National Park National Park Service, Interior. Notice of information collection; request for comment. AGENCY: ACTION: In accordance with the Paperwork Reduction Act of 1995, we, the National Park Service (NPS, we) are proposing to renew an information collection. SUMMARY: Interested persons are invited to submit comments on or before August 5, 2019. ADDRESSES: Send your comments on this information collection request (ICR) by mail to Phadrea Ponds, Acting NPS Information Collection Clearance Officer, 1201 Oakridge Drive, Fort Collins, CO 80525; or by email at phadrea_ponds@nps.gov; or by telephone at 970–267–7231. Please reference OMB Control Number 1024– 0266 in the subject line of your comments. DATES: To request additional information about this ICR by mail, contact Willie Burkhardt, Concessions Management Specialist, P.O. Box 168, Mammoth Hot Springs Yellowstone National Park, WY 82190–0168; or by email at willie_ burkhardt@nps.gov; or by telephone at 307–344–2272. Please reference OMB Control Number 1024–0266 in the subject line of your comments. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to jbell on DSK3GLQ082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 19:03 Jun 04, 2019 Jkt 247001 comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the NPS; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the NPS enhance the quality, utility, and clarity of the information to be collected; and (5) how might the NPS minimize the burden of this collection on the respondents, including through the use of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: The NPS authorized by the regulations in 36 CFR 7.13(l) to establish a management framework that allows the public to experience the unique winter resources and values at Yellowstone National Park. The final rule includes provisions that allow greater flexibility for commercial tour operators, provide mechanisms to make the park cleaner and quieter during the winter seasons, reward over-snow vehicle innovations and technologies, and allow increases in visitation. It also requires all over-snow vehicles (OSV) operating in the park to meet air and sound emission requirements and be accompanied by a guide. This rule also requires that commercial OSV operators provide the following in a monthly use report and maintain certain records relating to: Emission and Sound Standards (§ 7.13(l)(4)(vii) and (5)). Only OSVs that meet NPS emission and sound standards may operate in the park. Before the start of each winter season: (a) Snowcoach manufacturers or commercial tour operators must demonstrate, PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 26153 by means acceptable to the Superintendent, that their snowcoaches meet the standards. (b) Snowmobile manufacturers must demonstrate, by means acceptable to the Superintendent, that their snowmobiles meet the standards. Transportation Events (§ 7.13(l)(11)(i)– (iii)). So that we can monitor compliance with the required average and maximum size of transportation events, as of December 15, 2014, each commercial tour operator must: (a) Maintain accurate and complete records on the number of snowmobiles and snowcoaches he or she brings into the park on a daily basis. These records must be made available for inspection by the park upon request. (b) Provide a monthly use report on their activities. Form 10–650, ‘‘Concessioner Monthly Use Report’’, available on the park website, is used to collect information for transportation events. Enhanced Emission Standards (§ 7.13(l)(11)(iv)). To qualify for the increased average size of snowmobile transportation events or increased maximum size of snowcoach transportation events, each commercial tour operator must: (a) Before the start of each winter season, demonstrate, by means acceptable to the Superintendent, that his or her snowmobiles or snowcoaches meet the enhanced emission standards; and (b) Maintain separate records for snowmobiles and snowcoaches that meet enhanced emission standards and those that do not. We will use the information collected to: (1) Ensure that OSVs meet NPS emission standards to operate in the park; (2) evaluate commercial tour operators’ compliance with allocated transportation events and daily and seasonal OSV group size limits; (3) ensure that established daily transportation event limits for the park are not exceeded, (4) confirm that commercial tour operators do not run out of authorizations before the end of the season and create a gap when prospective visitors cannot be accommodated, and (5) guarantee compliance with applicable laws and regulations. Title of Collection: Reporting and Recordkeeping for Snowcoaches and Snowmobiles, Yellowstone National Park, 36 CFR 7.13(l). OMB Control Number: 1024–0266. Form Number: NPS Form 10–650. Type of Review: Extension of a currently approved collection. Description of Respondents: Businesses desiring to operate snowcoaches and snowmobiles in Yellowstone National Park. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: On occasion. Total Estimated Annual Nonhour Burden Cost: None. E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Notices]
[Pages 26149-26153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11707]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-BSD-CONC-NPS0027443; PPWOBSADC0, PPMVSCS1Y.Y00000 (199); OMB 
Control Number 1024-0029]


Agency Information Collection Activities; National Park Service 
Concessions

AGENCY: National Park Service, Interior.

ACTION: Notice of information collection; request for comment.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the National Park Service (NPS) are proposing to renew an information 
collection.

DATES: Interested persons are invited to submit comments on or before 
August 5, 2019.

ADDRESSES: Send your comments on this information collection request 
(ICR) by mail to Phadrea Ponds, Acting NPS Information Collection 
Clearance Officer, 1201 Oakridge Drive, Fort Collins, CO 80525; or by 
email at [email protected]; or by telephone at 970-267-7231. Please 
reference OMB Control Number 1024-0029 in the subject line of your 
comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR by mail, contact Kurt Rausch, Acting Chief, Commercial 
Services Program, National Park Service, 1849 C Street NW, Washington, 
DC 20240; or by email at [email protected]; or by telephone at 202-
513-7156. Please reference OMB Control Number 1024-0029 in the subject 
line of your comments.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps us assess the impact 
of our information collection requirements and minimize the public's 
reporting burden. It also helps the public understand our information 
collection requirements and provide the requested data in the desired 
format.
    We are soliciting comments on the proposed ICR that is described 
below. We are especially interested in public comment addressing the 
following issues: (1) Is the collection necessary to the proper 
functions of the NPS; (2) will this information be processed and used 
in a timely manner; (3) is the estimate of burden accurate; (4) how 
might the

[[Page 26150]]

NPS enhance the quality, utility, and clarity of the information to be 
collected; and (5) how might the NPS minimize the burden of this 
collection on the respondents, including through the use of information 
technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Abstract: Private businesses under contract to the NPS manage food, 
lodging, tours, whitewater rafting, boating, and many other 
recreational activities and amenities in more than 100 national parks. 
These services gross more than $1 billion every year and provide jobs 
for more than 25,000 people during peak season.
    The regulations codified in 36 CFR part 51 primarily implement 
Title IV of the National Parks Omnibus Management Act of 1998 (54 
U.S.C. 101911 et seq. also referred to as Pub. L. 105-391), which 
provides legislative authority, policies, and requirements for the 
solicitation, award, and administration of NPS concession contracts.
    Furthermore, 54 U.S.C. 101911 et seq. provides that ``all proposed 
concession contracts shall be awarded by the Secretary to the person, 
corporation or other entity submitting the best proposal, as determined 
by the Secretary through a competitive selection process. Such 
competitive process shall include simplified procedures for small, 
individually-owned, concessions contracts.''
    We collect the following information associated with the 
administration of concessions:
     Description of how respondent will conduct operations to 
minimize disturbance to wildlife; protect park resources; and provide 
visitors with a high quality, safe, and enjoyable visitor experience.
     Organizational structure and history and experience with 
similar operations.
     Details on violations or infractions and how they were 
handled.
     Financial information and demonstration that respondent 
has credible, proven track record of meeting obligations.

Concessioner Annual Financial Report (Forms 10-356, 10-356A, and 10-
356B)

    The Concessioner Annual Financial Report provides concessioner 
financial information as required by each concession contract. This 
information is necessary to comply with the requirements placed on the 
Secretary of the Interior by Congress. Title IV, Section 407 of the 
National Parks Omnibus Management Act of 1998 (Pub. L. 105-391) 
requires that ``a concessions contract shall provide for payment to the 
Government of a franchise fee or other such monetary consideration as 
determined by the Secretary, upon consideration of the probable value 
to the concessioner of the privileges granted by the particular 
contract involved. Such probable value shall be based upon a reasonable 
opportunity for net profit in relation to capital invested and the 
obligations of the contract.'' In accordance with 36 CFR part 51, 
subpart I concession contracts are required to ``provide for payment to 
the Government of a franchise fee or other monetary consideration as 
determined by the Director upon consideration of the probable value to 
the concessioner of the privileges granted by the contract involved.'' 
In order to verify the accuracy of the report and payments of franchise 
fees, concessioners with gross receipts of over $1 million are required 
to have financial statements audited by an independent certified public 
accountant and have them express an opinion on the financial 
statements. Concessioners with gross receipts between $500,000 and $1 
million must have a review opinion by an independent accountant, a 
lesser requirement and burden.
    Form 10-356, ``Concessioner Annual Financial Report''--is an 
accumulation of various financial statements commonly used by industry 
for reporting in conformance with generally accepted accounting 
principles. The information provides a comprehensive view of the 
concessioner's financial situation at the end of its fiscal year and 
the concessioner's activity over the preceding year. Careful analysis 
provides an effective tool in the decision making process and for the 
tracking of concessioner and Government contractual obligations for 
payments and maintenance and construction requirements. The financial 
information being collected is necessary to provide insight into and 
knowledge of the concessioner's operation so that this authority can be 
exercised and franchise fees can be determined in a timely manner and 
without an undue burden on the concessioner. We collect the following 
information:
     Cover sheet provides identifying information and the 
concessioner's certification as to the accuracy of the accompanying 
report.
     Schedule A is an income statement summarizing the 
financial activity (gross receipts, expenses, and net income) of the 
period being reported on.
     Schedule A-1 is a worksheet for calculating the 
comprehensive income.
     Schedule B is a worksheet for calculating the franchise 
fee.
     Schedule C is a balance sheet comparing the sources 
(liabilities and equity) with the uses (assets) of the capital of the 
company at the end of the fiscal year.
     Schedule D is a detail of the fixed assets reported on the 
balance sheet with a special listing of possessory interest or 
leasehold improvement assets (potential obligations of the Government).
     Schedule E is a statement of cash flows.
     Schedule F is space reserved for explanatory notes to the 
report.
     Schedule G is a breakdown of gross receipts by major 
departments.
     Schedule H is a detail of departmental income and 
expenses.
     Schedule I is a detail of general and administrative 
expenses.
     Schedule J lists ownership and compensation to officers 
and owners.
     Schedule K details the additions and disposals of fixed 
assets during the year.
     Schedule L is a supporting schedule for any amounts that 
need further explanation or detail.
     Schedule M contains various operational statistics 
commonplace for the major services provided in parks.
     Schedule P provides an accounting for those concessioners 
who have a contractual repair and maintenance reserve requirement.
     Schedule Q lists the projects from that reserve.
    Form 10-356A, ``Concessioner Annual Financial Report (For 
Concessioners with Gross Receipts Less than $500,000)''--In an attempt 
to reduce administrative burden, concessioners with gross receipts 
under $500,000 submit only a shorter report (Form 10-356A). This 
``short form'' is a simplified income statement, balance sheet, and 
operation statistics. Concessioners with gross receipts under $250,000 
do not have to submit the balance sheet.
    Form 10-356B, ``Concessioner Annual Financial Report (For 
Concessioners

[[Page 26151]]

with Special Accounts and Utility Add-ons)''--A limited number of 
concessioners have special accounts in lieu of franchise fees or rate 
add-ons to offset high costs for unique operations. To reduce 
administrative burden, additional schedules for reporting on these 
unique contract inclusions are provided in a separate form. The 
additional schedules include:
     Schedule N provides an accounting for those concessioners 
who have Special Accounts.
     Schedule O lists expenditures from Special Accounts.
     Schedule R provides an accounting for those concessioners 
who have approved rate add-ons.

Proposals for Concession Opportunities (Forms 10-357A, 10-357B, 10-358, 
10-359A, 10-359B).

    The public solicitation process begins with the issuance of a 
prospectus to invite the general public to submit proposals for the 
contract. The prospectus describes the terms and conditions of the 
concession contract to be awarded, the procedures to be followed in the 
selection of the best proposal, and the information that must be 
provided. We collect the following information from every offeror:
    Offeror's Transmittal Letter. This letter identifies the name of 
the entity offering a proposal to operate a concession contract and 
that entity's contact information.
    Certificate of Business Entity Offeror. This form identifies the 
type of entity for the offeror, such as corporation, Limited Liability 
Company, partnership, etc.
     Form 10-357A, ``Business Organization Information Form for 
Corporation, Limited Liability Company, Partnership or Joint Venture.''
     Form 10-357B, ``Business Organization Information Form for 
Individual or Sole Proprietorship.''
    Form 10-358, ``Business History Information Form.'' We request 
information about the offeror's business history to understand any 
adverse history that could impact future operations under a concession 
contract.
    Credit Report. We request offerors submit a credit report so that 
we can understand the offeror's credit history and any risks of 
contracting with the entity.
    Offeror's Financial Projection: The Service needs this information 
to verify there are enough funds available to be able to pay the 
required expenses to operate the Draft Contract and satisfy any other 
existing debt. If the offeror's total debts exceed current assets, 
provide a narrative explaining how these debts will be paid.

 Form 10-359A Large Concessions
 Form 10-359B Small Concessions

    In addition to this standard information, we also collect 
additional information in narrative and form format. The amount of 
information or degree of detail requested varies widely, depending upon 
the size and scope of the business opportunity. For example, a much 
greater amount of detailed information would be required for a multi-
unit lodging and food service operation (such as that at Yellowstone), 
than would be required for a small firewood sales operation. This 
additional information includes the following which coincide with the 
five principal selection factors:
     Proposals to protect, conserve and preserve resources of 
the park. These proposals respond to specific resource management 
objectives and issues at the park and contract in question.
     Proposals to provide necessary and appropriate visitor 
services at reasonable rates. These proposals respond to specific 
visitor service questions at the park and contract in question.
     The experience and related background of the offeror, 
including past performance and expertise of the offeror in providing 
the same or similar visitor services as those to be provided under the 
draft concession contract.
     The financial capability of the offeror to carry out its 
proposal. In particular, we ask for projected financials including 
initial investments, startup expenses, income statement, operating 
assumptions, cash flow statement, recapture of investments, and all 
associated assumptions.
     The amount of the proposed minimum franchise fee and other 
forms of financial consideration.
    We use all of the information provided to objectively evaluate 
offers received for a particular business opportunity, assure that the 
park resources will be adequately protected, and determine which 
offeror will provide the best service to visitors.

Amendments

    In accordance with 36 CFR 51.15, an offeror may not amend or 
supplement a proposal after the submission date unless requested by the 
Director to do so and the Director provides all offerors that submitted 
proposals a similar opportunity to amend or supplement their proposals. 
Permitted amendments must be limited to modifying particular aspects of 
proposals resulting from a general failure of offerors to understand 
particular requirements of a prospectus or a general failure of 
offerors to submit particular information required by a prospectus.
    In accordance with 36 CFR 51.32, if the Director determines that a 
proposal other than the responsive proposal submitted by a preferred 
offeror is the best proposal submitted for a qualified concession 
contract, then the Director must advise the preferred offeror of the 
better terms and conditions of the best proposal and permit the 
preferred offeror to amend its proposal to match them. An amended 
proposal must match the better terms and conditions of the best 
proposal. If the preferred offeror amends the proposal within the time 
period allowed, and the Director determines that the amended proposal 
matches the better terms and conditions of the best proposal, then the 
Director must select the preferred offeror for award of the contract.

Appeals

    Regulations in 36 CFR 51.47 state that any person may appeal to the 
Director, a determination that a concessioner is not a preferred 
offeror for the purposes of a right of preference in renewal and that 
the appeal must specify the grounds for the appeal. If the appellant 
does not identify the specific grounds on which it objects to the 
Director's initial preferred offeror determination, the Director could 
make a final determination without fully understanding the appellant's 
concerns or without taking into consideration important information the 
appellant may wish to submit in support of its position.

Request To Construct a Capital Improvement

    In accordance with 36 CFR 51.54, a request for approval to 
construct a capital improvement must include appropriate plans and 
specifications for the capital improvement. The request must also 
include an estimate of the total construction cost of the capital 
improvement. The estimate of the total construction cost must specify 
all elements of the cost in such detail as is necessary to permit the 
Director, NPS to determine that they are elements of construction cost. 
The approval requirements of this and other sections of 36 CFR part 51 
also apply to any change orders to a capital improvement project and to 
any additions to a structure or replacement of fixtures.

Construction Report

    In accordance with 36 CFR 51.55, a concessioner obtaining a 
leasehold surrender interest must submit a

[[Page 26152]]

construction report to the NPS. The construction report must be 
supported by actual invoices of the capital improvement's construction 
cost together with, if requested by the NPS, a written certification 
from a certified public accountant (CPA). The construction report must 
document, and any requested certification by the certified public 
accountant must certify, that all components of the construction cost 
were incurred and capitalized by the concessioner in accordance with 
Generally Accepted Accounting Principles (GAAP), and that all 
components are eligible direct or indirect construction costs. Invoices 
for additional construction costs of elements of the project that were 
not completed as of the date of substantial completion may subsequently 
be submitted to the Director for inclusion in the project's 
construction cost.

Application To Sell or Transfer Concession Operation

    36 CFR part 51, subpart J, provides that a concessioner must obtain 
NPS approval to assign, sell, convey, grant, contract for, or otherwise 
transfer: Any concession contract; any rights to operate under or 
manage the performance of a concession contract as a subconcessioner or 
otherwise; any controlling interest in a concessioner or concession 
contract; or any leasehold surrender interest or possessory interest 
obtained under a concession contract. The amount and type of 
information to be submitted varies with the type and complexity of the 
proposed transaction. Information includes, but is not limited to:
     Instruments proposed to implement the transaction.
     Narrative description of the proposed transaction.
     Opinion of counsel that the proposed transaction is lawful 
under all applicable Federal and State laws.
     Statement as to the existence and nature of any litigation 
relating to the proposed transaction.
     Description of the management qualifications, financial 
background, and financing and operational plans of any proposed 
transferee.
     Description of all financial aspects of the proposed 
transaction.
     Prospective financial statements (proformas).
     Schedule that allocates in detail the purchase price (or, 
in the case of a transaction other than an asset purchase, the 
valuation) of all assets assigned or encumbered. In addition, the 
applicant must provide a description of the basis for all allocations 
and ownership of all assets.

Recordkeeping

    In accordance with 36 CFR 51.98, a concessioner (and any 
subconcessioner) must keep and make available to NPS, records for the 
term of the concession contract and for 5 years after the termination 
or expiration of the concession contract.
    Title of Collection: National Park Service Concessions, 36 CFR 51.
    OMB Control Number: 1024-0029.
    Form Number: NPS Forms 10-356, 10-356A, 10-356B, 10-357A, 10-357B, 
10-358, 10-359A, and 10-359B.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Individuals, businesses, and nonprofit 
organizations.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion for proposals, amendments, and 
appeals; annually for financial reports; and ongoing for recordkeeping.
    Total Estimated Annual Nonhour Burden Cost: $425,000 $420,000 for 
proposals associated with expenses for printing, travel for onsite 
visits, and professional fees; and, $5,000 for application to sell or 
transfer concession operation associated with preparing and submitting 
an application, other than expenses for printing, estimated to be 
approximately $250 per application (x 20 applications).

----------------------------------------------------------------------------------------------------------------
                                                                                    Completion
                                                                   Total annual      time per      Total annual
                            Activity                                 responses       response     burden hours *
                                                                                      (hours)
----------------------------------------------------------------------------------------------------------------
Concessioner Annual Financial Report:
    Form 10-356, ``Concessioner Annual Financial Report''.......             150              15           2,250
    Form 10-356A, ``Concessioner Annual Financial Report (For                350               4           1,400
     Concessioners with Gross Receipts Less than $500,000)''....
    Form 10-356B, ``Concessioner Annual Financial Report (For                 30               2              60
     Concessioners with Special Accounts and Utility Add-ons)''.
Proposals for Concession Opportunities:
    Form 10-359A, ``Large Concession''..........................              30               2           7,200
    Form 10-359B, ``Small Concession''..........................              60              80           4,800
Amendments......................................................               1               1               1
Appeals.........................................................               1              .5               1
Request To Contruct a Capital Improvement:
    Large Projects..............................................              31              16             496
    Small Projects..............................................              89               8             712
Construction Report:
    Large Project...............................................              31              56           1,736
    Small Project...............................................              89              24           2,136
Application To Sell or Transfer a Concession Operation..........              20              80           1,600
Recordkeeping:
    Large Concessions...........................................             150             800         120,000
    Small Concessions...........................................             350              50          17,500
                                                                 -----------------------------------------------
        Totals..................................................           1,382  ..............         159,892
----------------------------------------------------------------------------------------------------------------
* Rounded.


[[Page 26153]]

    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Phadrea Ponds,
Acting Information Collection Clearance Officer, National Park Service.
[FR Doc. 2019-11707 Filed 6-4-19; 8:45 am]
 BILLING CODE 4312-52-P