Agency Information Collection Activities; Commercial Use Authorizations, 65412-65415 [2019-25782]
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
identified. No associated funerary
objects are present.
At an unknown dates after 1969 and
prior to the fall of 1976, human remains
representing, at minimum, five
individuals were removed from
unknown locations in Santa Cruz City,
CA, and deposited at the U.C. Santa
Cruz Anthropology Department. No
further information is known about the
provenience of these human remains.
No known individuals were identified.
No associated funerary objects are
present.
Determinations Made by the University
of California, Santa Cruz
Officials of the University of
California, Santa Cruz have determined
that:
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
are Native American based on physical/
biological characteristics.
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
represent the physical remains of 29
individuals of Native American
ancestry.
• Pursuant to 25 U.S.C. 3001(3)(A),
the 29 objects described in this notice
are reasonably believed to have been
placed with or near individual human
remains at the time of death or later as
part of the death rite or ceremony.
• Pursuant to 25 U.S.C. 3001(2), a
relationship of shared group identity
cannot be reasonably traced between the
Native American human remains and
associated funerary objects and any
present-day federally recognized Indian
Tribe.
• Pursuant to 43 CFR 10.11(c)(1), a
‘‘tribal land’’ or ‘‘aboriginal land’’
provenience cannot be ascertained.
• Pursuant to 43 CFR 10.10(g)(2)(ii)
and 43 CFR 10.16, the disposition of the
human remains and associated funerary
objects will be to the Amah Mutsun
Tribal Band, a non-federally recognized
Indian group.
Pursuant to 43 CFR 10.16, the
Secretary of the Interior may make a
recommendation for a transfer of control
of culturally unidentifiable human
remains and associated funerary objects.
In November of 2018, U.C. Santa Cruz
requested that the Secretary, through the
Native American Graves Protection and
Repatriation Review Committee,
recommend the proposed transfer of
control of the culturally unidentifiable
Native American human remains and
associated funerary objects in this notice
to the Amah Mutsun Tribal Band, a nonfederally recognized Indian group. The
Review Committee, acting pursuant to
its responsibility under 25 U.S.C.
3006(c)(5), considered the request and
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Jkt 250001
U.C. Santa Cruz’s determinations at its
August of 2019 meeting, and
recommended to the Secretary that the
proposed transfer of control proceed. An
October 2019 letter on behalf of the
Secretary of Interior from the National
Park Service Associate Director for
Cultural Resources, Partnerships, and
Science transmitted the Secretary’s
independent review and concurrence
with the Review Committee that:
• No Indian Tribes or Indian groups
objected to the proposed transfer of
control, and
• the University of California, Santa
Cruz may proceed with the agreed upon
transfer of control of the culturally
unidentifiable human remains and
associated funerary objects to the Amah
Mutsun Tribal Band, a non-federally
recognized Indian group.
Transfer of control is contingent on the
publication of a Notice of Inventory
Completion in the Federal Register.
This notice fulfills that requirement.
Additional Requestors and Disposition
Representatives of any Indian Tribe or
Native Hawaiian organization not
identified in this notice that wish to
request transfer of control of these
human remains and associated funerary
objects should submit a written request
with information in support of the
request to Diane Gifford-Gonzalez,
Curator, Monterey Bay Archaeology
Archives, University of California, Santa
Cruz, 1156 High Street, Santa Cruz, CA
95064–1077, telephone (831) 459–2633,
email dianegg@ucsc.edu, by December
27, 2019. After that date, if no
additional requestors have come
forward, transfer of control of the
human remains and associated funerary
objects to the Amah Mutsun Tribal
Band, a non-federally recognized Indian
group, may proceed.
The University of California, Santa
Cruz is responsible for notifying the
Amah Mutsun Tribal Band, a nonfederally recognized Indian group, that
this notice has been published.
Dated: October 24, 2019.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2019–25734 Filed 11–26–19; 8:45 am]
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DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–BSD–CONC–NPS0028083;
PPWOBSADC0, PPMVSCS1Y.Y00000 (200),
OMB Control Number 1024–0268]
Agency Information Collection
Activities; Commercial Use
Authorizations
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) are
proposing to renew an information
collection with revisions.
DATES: Interested persons are invited to
submit comments on or before
December 27, 2019.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s (OMB) Desk Officer for the
Department of the Interior by email at
OIRA_Submission@omb.eop.gov; or by
facsimile at 202–395–5806. Please
provide a copy of your comments to
Phadrea Ponds, Information Collection
Clearance Officer, National Park
Service, 1201 Oakridge Drive, Fort
Collins, CO 80525; or by email at
phadrea_ponds@nps.gov. Please
reference OMB Control Number 1024–
0268 in the subject line of your
comments.
SUMMARY:
To
request additional information about
this ICR, contact Samantha Towery,
National Park Service, 12795 West
Alameda Parkway, Lakewood, CO
80228; or by email at Samantha_
Towery@nps.gov. Please reference OMB
Control Number 1024–0268 in the
subject line of your comments. You may
also view the ICR at https://
www.reginfo.gov/public/do/PRAMain.
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.
On May 28, 2019, we published a
Federal Register notice soliciting
comments on this collection of
information for 60 days, ending on July
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
29, 2019 (84 FR 24539). The NPS
received 17 comments from the 60-day
Federal Register notice. We have
summarized the comments received into
the following seven categories:
1. Comments Unrelated to the ICR
Comments received regarding the
proposed changes to NPS commercial
tour fees that did not specifically
address the information collection or
matters specifically related to the forms.
NPS Response: The Federal
Register Notice you’ve referenced is
only about the continued use of the
commercial use authorization (CUA)
application and reporting forms. The
approval of these forms is separate from
the issues related to commercial tour
fees and requirements. Only comments
related to the application and reporting
forms will be recorded as a part of the
record for this collection. All other
comments will be forwarded to the CUA
program for its records.
All federal agencies with forms
designed to collect information from the
public are required to obtain approval
of those forms from the Office of
Management and Budget every three
years in order for the agency to continue
to use the forms. So, again, this is ONLY
about the form and not commercial tour
fees and requirements.
2. Administrative Burden Due to
Increased Paperwork or Fees
Comments were received from roadbased commercial tour industry related
to the administrative burden and fees
charged to road-based commercial tour
operators during the CUA application
and reporting process.
NPS Response: The NPS requires all
types of commercial operators to
complete the same OMB approved CUA
applications and reporting forms and
Public Law 105–391, Section 418
requires the collection of a reasonable
fee for associated administrative and
management costs. The CUA
application and reporting forms gather
the minimum key information necessary
for NPS to determine the capability,
resources, and fitness of the applicant to
provide the service. It also gathers the
minimum amount of information
needed to ensure the activity does not
have more than a minimal impact on
park resources and values. In response
to this feedback, NPS completed a
burden assessment to determine
standard administrative and
management fees for road-based
commercial tour CUAs and will set the
standard road-based commercial tour
CUA application fee to allow for
legislatively required cost recovery.
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Again, this process is only about the
forms, not commercial tour fees.
3. Financial Burden Due to CUA Permit
Fee or Entry Fee
Comments from destination marketing
organizations suggested that the new
CUA requirements would impose
increased financial burdens on local
businesses.
NPS Response: Public Law 105–391,
Section 418 requires the collection of a
reasonable fee for administrative and
management costs associated with
issuing and managing commercial use
authorizations (CUAs).
Entrance fees are managed by another
NPS program and are separate from the
issues related to commercial tour CUA
fees and requirements. Only comments
related to the CUA application and
reporting forms will be recorded as a
part of the record for this collection.
4. Concern Regarding Sharing
Financial Earning Information With
NPS
Comments received from commercial
tour operators suggested that reporting
on annual financial earnings posed an
undue burden on CUA applicants.
NPS Response: The CUA annual
report collects service activity (visitors
served), gross annual revenues, and
injury information. The required
financial information is very simple and
there are no requirements for audited
financial statements, advanced
recordkeeping, or retention of records
beyond what the IRS requires. The
required financial information allows
the NPS to determine that a CUA holder
is not exceeding the legislatively
mandated financial limits for in-park
operations (gross receipts not to exceed
$25,000). The NPS maintains this
operational information and, with the
exception of the visitor use statistics,
will release other information only as
request by law. NPS will not routinely
disseminate financial information about
individual CUA holders. NPS does
report information collectively at the
park, regional, or national level (e.g.,
number of CUA’s, reported revenue, fees
retained by NPS, etc.).
5. Negative Impact on Group Visits Due
to Proposed Fees Associated With the
Collection
Comments received from commercial
tour operators suggested that an
increased fee associated with the CUA
would substantially reduce the number
of visitors accessing parks through third
party tour services.
NPS Response: Public Law 105–391,
Section 418 requires the collection of a
reasonable fee for administrative and
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65413
management costs associated with
issuing and managing commercial use
authorizations. The information
required by the forms does not affect the
ability of anyone to come to a park.
These forms implement the
administrative process of allowing and
managing commercial uses in units of
the National Park System.
6. Ambiguous or Opaque Rules,
Procedures, or Deadlines
Comments received from commercial
service providers the suggested
reporting burden of the CUA was
prohibitive in the level of detail
requested to process applications.
NPS Response: The legislative
mandate of the National Park Service
(NPS), found in 54 U.S.C. 100101(a), is
to preserve America’s natural wonders
unimpaired for future generations, while
also making them available for the
enjoyment of visitors. Meeting this
mandate requires the NPS to balance
preservation with use. Maintaining a
good balance requires CUA
management at the unit-level. Unit
managers must evaluate commercial
uses to determine the impact on the
resources and the appropriateness of
the activity to ensure the impact does
not exceed the legislatively allowed
minimum impact. Units vary in staffing
levels and seasonality so CUA
application seasons vary. Some units
have firm deadlines and some do not,
though CUA applicants may always
contact a unit directly to determine if it
will accept late applications. Units post
application acceptance dates on
websites well in advance.
During the past four and a half years,
NPS has provided online trainings,
frequently updates Q&As, and has
participated in numerous meetings with
the road-based commercial tour
industry. The NPS believes it has been
transparent and continues to engage so
the industry is prepared for CUA
requirements and fees.
7. Impractical Information Requested
on Form, Specifically Mentioned
Insurance Documentation
Requirements
Comments received from road-based
commercial tour industry expressed
difficulty in furnishing Commercial
Vehicle Insurance maintained by
chartered motor coaches external to the
tour operator.
NPS Response: Public Law 105–391,
Section 418 requires the NPS to limit the
liability of the United States arising
from activities under CUA’s. NPS
implements this requirement, in part, by
requiring all commercial operators
conducting business in a unit of the
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
National Park System to carry and
maintain the appropriate categories of
insurance and minimum amounts of
coverage. CUA holders must have
commercial general liability as well as
other coverages specific to the
commercial operation, including
commercial automobile insurance. NPS
has determined the minimum general
commercial liability policy limit is
$500,000 per occurrence. Higher risk
operations have increased minimums
ultimately determined by the unit
manager. Minimum commercial
automobile liability policy limits are
determined by state requirements for
intrastate operations and the Federal
Motor Carrier Safety Act.
We are again soliciting comments on
the proposed ICR 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 purpose of the forms in
this information collection is to assist
the NPS in managing the Commercial
Use Authorization Program. Section
418, Public Law 105–391 (54 U.S.C.
101925) specifies that the Secretary of
the Interior has the authority to approve
a private person, corporation, or other
entity to provide services to visitors in
units of the National Park System
through a commercial use authorization
(CUA). The information collected will
allow the NPS to evaluate requests for
a CUA and determine the suitability of
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the applicants to provide safe, effective,
and appropriate services to the visiting
public.
This renewal includes a request to
collect information using a new form,
10–550s, ‘‘Commercial Use
Authorization—Short Term.’’ This form
proposes to streamline the application
process for companies who wish to
operate for seven days or less within a
park. The form will be used for one-time
events, such as vendors during farmer’s
markets. The proposed form will collect
the minimum amount of information
necessary to grant short-term
authorizations and is significantly
shorter than the 10–550 application
form.
We made adjustments in hour and
cost burden estimates because the
number of received CUA applications
fluctuates on a yearly basis. Over the
last three years the NPS has seen annual
decrease of approximately 100 CUA
applicants.
Based on public comments received,
the NPS is requesting to add Form 10–
550s, ‘‘Commercial Use Application—
Short-Term’ to this collection. This form
proposes to streamline the application
process for short-term CUAs applicants
requesting one-time events or for
operations lasting seven days or less.
The proposed 10–550s, will collect the
information necessary to meet
legislative requirements allowing NPS
to manage services provided by CUAs,
while reducing the application burden
on CUA applicants.
Based on our experiences with annual
and monthly reports, we have revised
the number of responses that resulted in
a change in the burden hours
• Form 10–550—In 2016, NPS
estimated the number of CUA
applicants at 5,900. Based on the
number of applications received
between 2016 and 2019, NPS now
assumes it will receive approximately
5,880 CUA applications (Form 10–550)
annually. The net decrease of 100
responses results in the net decrease of
250 burden hours.
• Form 10–550s—This is a new form
that will cause a net increase of 120
responses and 180 burden hours.
• Form 10–660—Annual Report—
Based upon the revised estimated
number of Form 10–550, we expect to
receive 5,900 reports which will cause
a net decrease of 100 respondents
submitting annual reports causing a net
increase decrease of 125 hours.
• Form 10–660A—Monthly Report—
In 2016, NPS estimated it would receive
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Form 10–660A from 5,900 CUA holders
9 months out of the year, equating to
53,1000 total responses and 39,825
burden hours. This overestimated
because NPS assumed all CUA holders
would submit Form 10–660A.
Currently, approximately 10% of CUA
holders are required by NPS units to
submit Form 10–660. The reduction of
920 responses resulted in a net decrease
of 625 hours.
We are requesting approval to use the
following NPS forms: 10–550,
‘‘Commercial Use Authorization
Application,’’ 10–660, ‘‘Commercial Use
Authorization Annual Report,’’ and 10–
660A, ‘‘Commercial Use Authorization
Monthly Report.’’ to:
• Manage the program and
operations.
• Determine the qualifications and
abilities of the commercial operators to
provide a high quality, safe, and
enjoyable experience for park visitors.
• Determine the impact on the park’s
natural and cultural resources.
• Manage the use and impact of
multiple operators.
Regulations resulting in information
collection required for a CUA include:
• 36 CFR 1.6—Permits;
• 36 CFR 2—Resource Protection,
Public Use and Recreation;
• 36 CFR 5—Commercial and Private
Operations;
• 36 CFR 7—Special Regulations;
• 36 CFR 13—National Park System
Units in Alaska.
Title of Collection: Commercial Use
Authorizations.
OMB Control Number: 1024–0268.
Form Number: 10–550, ‘‘Commercial
Use Authorization;’’ 10–550s
‘‘Commercial Use Authorization—Short
Term;’’ 10–660, ‘‘Commercial Use
Authorization Annual Report;’’ and 10–
660A, ‘‘Commercial Use Authorization
Monthly Report.’’
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Individuals or small businesses that
wish to provide commercial services to
visitors in areas of the National Park
System.
Respondent’s Obligation: Required to
Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: $1,480,000 ($250 × 6,000
Forms 10–550, ‘‘Commercial Use
Authorization Application’’ per year).
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
Number of
annual
responses
Activity
Form
Form
Form
Form
Completion
time per
response
65415
Total
annual hours
10–550—Application .......................................................................................................
10–550s—Application Short-Term ..................................................................................
10–660—Annual Report (incl. recordkeeping) ................................................................
10–660A—Monthly Report (incl. recordkeeping) ............................................................
5,880
120
5,800
52,200
2.5 hours ..........
1.5 hours ..........
1.25 hours ........
45 minutes ........
14,700
180
7,250
39,150
Totals .................................................................................................................................
63,920
...........................
61,080
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 NPS Information Collection Clearance
Officer, National Park Service.
[FR Doc. 2019–25782 Filed 11–26–19; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–VRP–USPP–NPS0028079;
PPWOUSPPS1, PPMPRPP02.Y00000 (199);
OMB Control Number 1024–0245]
Agency Information Collection
Activities; United States Park Police
Pre-Employment Suitability
Determination Process
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) are
proposing to renew an information
collection.
SUMMARY:
Interested persons are invited to
submit comments on or before
December 27, 2019.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s (OMB) Desk Officer for the
Department of the Interior by email at
OIRA_Submission@omb.eop.gov; or by
facsimile at 202–395–5806. Please
provide a copy of your comments to
Phadrea Ponds, Information Collection
Clearance Officer, National Park
Service, 1201 Oakridge Drive, Fort
Collins, CO 80525; or by email at
phadrea_ponds@nps.gov. Please
reference OMB Control Number 1024–
0245 in the subject line of your
comments.
DATES:
To
request additional information about
FOR FURTHER INFORMATION CONTACT:
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20:21 Nov 26, 2019
Jkt 250001
this ICR, contact Captain Jerry Marshall,
1100 Ohio Dr. SW, Washington, DC
20242; or by email at jerry_marshall@
nps.gov. Please reference OMB Control
Number 1024–0245 in the subject line of
your comments. You may also view the
ICR at https://www.reginfo.gov/public/
do/PRAMain.
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.
On June 13th, 2019, we published a
Federal Register notice soliciting
comments on this collection of
information for 60 days, ending on
August 12th, 2019 (84 FR 27653). We
received one (1) public comment from
the American Association of Nurse
Practitioners requesting Nurse
Practitioners be granted the ability to
sign for the 10–2201E, ‘‘Physician
Consent Form.’’ The USPP will consider
amending Form 10–2201E based on
guidance from the Federal Occupational
Health, Program Support Center, U.S.
Department of Health and Human
Services in the future to include the
signature authority of Nurse
Practitioners and Physician’s Assistants
authority of Nurse Practitioners and
Physician’s Assistants.
We are again soliciting comments on
the proposed ICR 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.
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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 United States Park
Police (USPP) collects information from
applicants during the Pre-employment
Suitability Determination Phase as part
of the application process for
consideration as a candidate for park
police positions. The USPP is
authorized by Title 5, CFR, Section 5.2,
‘‘Investigation and evaluations,’’ to
collect information as required in the
USPP Pre-employment Suitability
Process. The USPP uses the forms
described below as a part of the
application process required to conduct
an OPM background investigation.
Form 10–2201, ‘‘Personal
Qualifications Statement’’—provides
information on the personal history of
the candidate.
Form 10–2201A, ‘‘Information Release
Form’’—authorizes the release of all
personal and confidential records, to
include medical records concerning
physical and mental health.
Form 10–2201B, ‘‘Release to Obtain a
Credit Report’’—authorizes the release
of information from consumer reporting
agencies.
Form 10–2201C, ‘‘Lautenberg
Certification’’—requires information
and certification by the applicant
regarding a conviction of a
misdemeanor crime of domestic
violence.
Form 10–2201D, ‘‘Physical Efficiency
Battery Waiver’’—requires the candidate
to provide information regarding
medical conditions which may impede
their ability to meet the minimum
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]]>Agencies
[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65412-65415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25782]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-BSD-CONC-NPS0028083; PPWOBSADC0, PPMVSCS1Y.Y00000 (200), OMB
Control Number 1024-0268]
Agency Information Collection Activities; Commercial Use
Authorizations
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 with revisions.
DATES: Interested persons are invited to submit comments on or before
December 27, 2019.
ADDRESSES: Send written comments on this information collection request
(ICR) to the Office of Management and Budget's (OMB) Desk Officer for
the Department of the Interior by email at [email protected];
or by facsimile at 202-395-5806. Please provide a copy of your comments
to Phadrea Ponds, Information Collection Clearance Officer, National
Park Service, 1201 Oakridge Drive, Fort Collins, CO 80525; or by email
at [email protected]. Please reference OMB Control Number 1024-0268
in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Samantha Towery, National Park Service, 12795
West Alameda Parkway, Lakewood, CO 80228; or by email at
[email protected]. Please reference OMB Control Number 1024-0268
in the subject line of your comments. You may also view the ICR at
https://www.reginfo.gov/public/do/PRAMain.
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.
On May 28, 2019, we published a Federal Register notice soliciting
comments on this collection of information for 60 days, ending on July
[[Page 65413]]
29, 2019 (84 FR 24539). The NPS received 17 comments from the 60-day
Federal Register notice. We have summarized the comments received into
the following seven categories:
1. Comments Unrelated to the ICR
Comments received regarding the proposed changes to NPS commercial
tour fees that did not specifically address the information collection
or matters specifically related to the forms.
NPS Response: The Federal Register Notice you've referenced is only
about the continued use of the commercial use authorization (CUA)
application and reporting forms. The approval of these forms is
separate from the issues related to commercial tour fees and
requirements. Only comments related to the application and reporting
forms will be recorded as a part of the record for this collection. All
other comments will be forwarded to the CUA program for its records.
All federal agencies with forms designed to collect information
from the public are required to obtain approval of those forms from the
Office of Management and Budget every three years in order for the
agency to continue to use the forms. So, again, this is ONLY about the
form and not commercial tour fees and requirements.
2. Administrative Burden Due to Increased Paperwork or Fees
Comments were received from road-based commercial tour industry
related to the administrative burden and fees charged to road-based
commercial tour operators during the CUA application and reporting
process.
NPS Response: The NPS requires all types of commercial operators to
complete the same OMB approved CUA applications and reporting forms and
Public Law 105-391, Section 418 requires the collection of a reasonable
fee for associated administrative and management costs. The CUA
application and reporting forms gather the minimum key information
necessary for NPS to determine the capability, resources, and fitness
of the applicant to provide the service. It also gathers the minimum
amount of information needed to ensure the activity does not have more
than a minimal impact on park resources and values. In response to this
feedback, NPS completed a burden assessment to determine standard
administrative and management fees for road-based commercial tour CUAs
and will set the standard road-based commercial tour CUA application
fee to allow for legislatively required cost recovery. Again, this
process is only about the forms, not commercial tour fees.
3. Financial Burden Due to CUA Permit Fee or Entry Fee
Comments from destination marketing organizations suggested that
the new CUA requirements would impose increased financial burdens on
local businesses.
NPS Response: Public Law 105-391, Section 418 requires the
collection of a reasonable fee for administrative and management costs
associated with issuing and managing commercial use authorizations
(CUAs).
Entrance fees are managed by another NPS program and are separate
from the issues related to commercial tour CUA fees and requirements.
Only comments related to the CUA application and reporting forms will
be recorded as a part of the record for this collection.
4. Concern Regarding Sharing Financial Earning Information With NPS
Comments received from commercial tour operators suggested that
reporting on annual financial earnings posed an undue burden on CUA
applicants.
NPS Response: The CUA annual report collects service activity
(visitors served), gross annual revenues, and injury information. The
required financial information is very simple and there are no
requirements for audited financial statements, advanced recordkeeping,
or retention of records beyond what the IRS requires. The required
financial information allows the NPS to determine that a CUA holder is
not exceeding the legislatively mandated financial limits for in-park
operations (gross receipts not to exceed $25,000). The NPS maintains
this operational information and, with the exception of the visitor use
statistics, will release other information only as request by law. NPS
will not routinely disseminate financial information about individual
CUA holders. NPS does report information collectively at the park,
regional, or national level (e.g., number of CUA's, reported revenue,
fees retained by NPS, etc.).
5. Negative Impact on Group Visits Due to Proposed Fees Associated With
the Collection
Comments received from commercial tour operators suggested that an
increased fee associated with the CUA would substantially reduce the
number of visitors accessing parks through third party tour services.
NPS Response: Public Law 105-391, Section 418 requires the
collection of a reasonable fee for administrative and management costs
associated with issuing and managing commercial use authorizations. The
information required by the forms does not affect the ability of anyone
to come to a park. These forms implement the administrative process of
allowing and managing commercial uses in units of the National Park
System.
6. Ambiguous or Opaque Rules, Procedures, or Deadlines
Comments received from commercial service providers the suggested
reporting burden of the CUA was prohibitive in the level of detail
requested to process applications.
NPS Response: The legislative mandate of the National Park Service
(NPS), found in 54 U.S.C. 100101(a), is to preserve America's natural
wonders unimpaired for future generations, while also making them
available for the enjoyment of visitors. Meeting this mandate requires
the NPS to balance preservation with use. Maintaining a good balance
requires CUA management at the unit-level. Unit managers must evaluate
commercial uses to determine the impact on the resources and the
appropriateness of the activity to ensure the impact does not exceed
the legislatively allowed minimum impact. Units vary in staffing levels
and seasonality so CUA application seasons vary. Some units have firm
deadlines and some do not, though CUA applicants may always contact a
unit directly to determine if it will accept late applications. Units
post application acceptance dates on websites well in advance.
During the past four and a half years, NPS has provided online
trainings, frequently updates Q&As, and has participated in numerous
meetings with the road-based commercial tour industry. The NPS believes
it has been transparent and continues to engage so the industry is
prepared for CUA requirements and fees.
7. Impractical Information Requested on Form, Specifically Mentioned
Insurance Documentation Requirements
Comments received from road-based commercial tour industry
expressed difficulty in furnishing Commercial Vehicle Insurance
maintained by chartered motor coaches external to the tour operator.
NPS Response: Public Law 105-391, Section 418 requires the NPS to
limit the liability of the United States arising from activities under
CUA's. NPS implements this requirement, in part, by requiring all
commercial operators conducting business in a unit of the
[[Page 65414]]
National Park System to carry and maintain the appropriate categories
of insurance and minimum amounts of coverage. CUA holders must have
commercial general liability as well as other coverages specific to the
commercial operation, including commercial automobile insurance. NPS
has determined the minimum general commercial liability policy limit is
$500,000 per occurrence. Higher risk operations have increased minimums
ultimately determined by the unit manager. Minimum commercial
automobile liability policy limits are determined by state requirements
for intrastate operations and the Federal Motor Carrier Safety Act.
We are again soliciting comments on the proposed ICR 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 purpose of the forms in this information collection
is to assist the NPS in managing the Commercial Use Authorization
Program. Section 418, Public Law 105-391 (54 U.S.C. 101925) specifies
that the Secretary of the Interior has the authority to approve a
private person, corporation, or other entity to provide services to
visitors in units of the National Park System through a commercial use
authorization (CUA). The information collected will allow the NPS to
evaluate requests for a CUA and determine the suitability of the
applicants to provide safe, effective, and appropriate services to the
visiting public.
This renewal includes a request to collect information using a new
form, 10-550s, ``Commercial Use Authorization--Short Term.'' This form
proposes to streamline the application process for companies who wish
to operate for seven days or less within a park. The form will be used
for one-time events, such as vendors during farmer's markets. The
proposed form will collect the minimum amount of information necessary
to grant short-term authorizations and is significantly shorter than
the 10-550 application form.
We made adjustments in hour and cost burden estimates because the
number of received CUA applications fluctuates on a yearly basis. Over
the last three years the NPS has seen annual decrease of approximately
100 CUA applicants.
Based on public comments received, the NPS is requesting to add
Form 10-550s, ``Commercial Use Application--Short-Term' to this
collection. This form proposes to streamline the application process
for short-term CUAs applicants requesting one-time events or for
operations lasting seven days or less. The proposed 10-550s, will
collect the information necessary to meet legislative requirements
allowing NPS to manage services provided by CUAs, while reducing the
application burden on CUA applicants.
Based on our experiences with annual and monthly reports, we have
revised the number of responses that resulted in a change in the burden
hours
Form 10-550--In 2016, NPS estimated the number of CUA
applicants at 5,900. Based on the number of applications received
between 2016 and 2019, NPS now assumes it will receive approximately
5,880 CUA applications (Form 10-550) annually. The net decrease of 100
responses results in the net decrease of 250 burden hours.
Form 10-550s--This is a new form that will cause a net
increase of 120 responses and 180 burden hours.
Form 10-660--Annual Report--Based upon the revised
estimated number of Form 10-550, we expect to receive 5,900 reports
which will cause a net decrease of 100 respondents submitting annual
reports causing a net increase decrease of 125 hours.
Form 10-660A--Monthly Report--In 2016, NPS estimated it
would receive Form 10-660A from 5,900 CUA holders 9 months out of the
year, equating to 53,1000 total responses and 39,825 burden hours. This
overestimated because NPS assumed all CUA holders would submit Form 10-
660A. Currently, approximately 10% of CUA holders are required by NPS
units to submit Form 10-660. The reduction of 920 responses resulted in
a net decrease of 625 hours.
We are requesting approval to use the following NPS forms: 10-550,
``Commercial Use Authorization Application,'' 10-660, ``Commercial Use
Authorization Annual Report,'' and 10-660A, ``Commercial Use
Authorization Monthly Report.'' to:
Manage the program and operations.
Determine the qualifications and abilities of the
commercial operators to provide a high quality, safe, and enjoyable
experience for park visitors.
Determine the impact on the park's natural and cultural
resources.
Manage the use and impact of multiple operators.
Regulations resulting in information collection required for a CUA
include:
36 CFR 1.6--Permits;
36 CFR 2--Resource Protection, Public Use and Recreation;
36 CFR 5--Commercial and Private Operations;
36 CFR 7--Special Regulations;
36 CFR 13--National Park System Units in Alaska.
Title of Collection: Commercial Use Authorizations.
OMB Control Number: 1024-0268.
Form Number: 10-550, ``Commercial Use Authorization;'' 10-550s
``Commercial Use Authorization--Short Term;'' 10-660, ``Commercial Use
Authorization Annual Report;'' and 10-660A, ``Commercial Use
Authorization Monthly Report.''
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Individuals or small businesses that
wish to provide commercial services to visitors in areas of the
National Park System.
Respondent's Obligation: Required to Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: $1,480,000 ($250 x
6,000 Forms 10-550, ``Commercial Use Authorization Application'' per
year).
[[Page 65415]]
----------------------------------------------------------------------------------------------------------------
Number of
Activity annual Completion time per response Total annual
responses hours
----------------------------------------------------------------------------------------------------------------
Form 10-550--Application................... 5,880 2.5 hours.......................... 14,700
Form 10-550s--Application Short-Term....... 120 1.5 hours.......................... 180
Form 10-660--Annual Report (incl. 5,800 1.25 hours......................... 7,250
recordkeeping).
Form 10-660A--Monthly Report (incl. 52,200 45 minutes......................... 39,150
recordkeeping).
--------------------------------------------------------------------
Totals................................. 63,920 ................................... 61,080
----------------------------------------------------------------------------------------------------------------
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 NPS Information Collection Clearance Officer, National Park
Service.
[FR Doc. 2019-25782 Filed 11-26-19; 8:45 am]
BILLING CODE 4312-52-P
