81 FR 1202 - Proposed Information Collection; Commercial Use Authorizations
DEPARTMENT OF INTERIOR
National Park Service Federal Register Volume 81, Issue 6 (January 11, 2016)
National Park Service
Federal Register Volume 81, Issue 6 (January 11, 2016)
| Page Range | 1202-1204 | |
| FR Document | 2016-00333 |
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)] [Notices] [Pages 1202-1204] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00333] ----------------------------------------------------------------------- DEPARTMENT OF INTERIOR National Park Service [NPS-WASO-BSD-CONC-20037; PPWOBSADC0, PPMVSCS1Y.Y00000 (166)] Proposed Information Collection; Commercial Use Authorizations Agency: National Park Service, Interior. Action: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: We (National Park Service, NPS) will ask the Office of Management and Budget (OMB) to approve the information collection described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This IC is scheduled to expire on August 31, 2016. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a valid OMB control number. DATES: To ensure we are able to consider your comments, we must receive them on or before March 11, 2016. ADDRESSES: Please send your comments on the ICR to Madonna L. Baucum, Information Collection Clearance Officer, National Park Service, 12201 Sunrise Valley Drive, Room 2C114, Mail Stop 242, Reston, VA 20192 (mail); or madonna_baucum@nps.gov (email). Please reference OMB Control Number ``1024-0268, CUA'' in the subject line of your comments. FOR FURTHER INFORMATION CONTACT: Samantha Towery, National Park Service, 12795 West Alameda Parkway, Lakewood, CO 80228; by fax at 303/ 987-6901; or via email at Samantha_Towery@nps.gov. SUPPLEMENTARY INFORMATION: I. Abstract The purpose of this information collection is to assist the NPS in managing the Commercial Use Authorization Program. Conducting commercial operations in a unit of the National Park System without a contract, permit, commercial use authorization, or some other written agreement is prohibited. Section 418, Public Law 105-391 (54 U.S.C. 101925) gives the Secretary of the Interior the authority to authorize 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). Such authorizations are not considered concession contracts. We authorize commercial operations that originate and operate entirely within a park (in-park); commercial operations that provide services originating and terminating outside of the park boundaries; organized children's camps, outdoor clubs, and nonprofit institutions; and other uses as the [[Page 1203]] Secretary determines appropriate. The commercial operations include a range of services, such as mountain climbing guides, boat repair services, transportation services and tours, canoe livery operations, hunting guides, retail sales, equipment rentals, catering services, and dozens of other visitor services. Section 418 limits CUAs to:Commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within a unit of the National Park System; Incidental use of resources of the unit by commercial operations which provide services originating and terminating outside of the boundaries of the unit; or Uses by organized children's camps, outdoor clubs and nonprofit institutions (including back country use) and such other uses as the Secretary determines appropriate. The legislative mandate of the NPS, found at 54 U.S.C. 1100101, 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 both information and limits. The information requested will allow the unit manager to evaluate requests for a commercial use to determine impact on the resources and the appropriateness of the activity. We collect information on the CUA Application (Form 10-550), the CUA Annual Report (Form 10-660), and CUA Monthly Report (Form 10-660A). We use the information from these forms 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 parks natural and cultural resources. Manage the use and impact of multiple operators. The information requested will allow the NPS to evaluate requests for a commercial use authorization and determine the suitability of the applicants to safely and effectively provide an appropriate service to the visiting public. It will also enable the NPS to manage the activity in a manner that protects the natural and cultural resources and the park visitor. Management includes, but is not limited to, managing the number of permits issued, determining the location and time that the activity occurs, and requiring the appropriate visitor protections including insurance, equipment, training, and procedures. Regulations resulting in information collection required for a Commercial Use Authorization: 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 II. Data OMB Number: 1024-0268. Title: Commercial Use Authorization. Form(s): 10-550, ``Commercial Use Authorization Application and Instructions'', 10-660, ``Commercial Use Authorization Annual Report and Instructions'', and 10-660A, ``Commercial Use Authorization Monthly Report and Instructions''. Type of Request: Extension of a Currently Approved Collection. Description of Respondents: Respondents will be individuals or small businesses that wish to provide a commercial service to visitors in areas of the National Park System. Respondent Obligation: Mandatory. Estimated Total Annual Burden Hours: ---------------------------------------------------------------------------------------------------------------- Annual Total annual Average time per Total annual respondents responses response (hours) burden hours ---------------------------------------------------------------------------------------------------------------- Form 10-550, ``Commercial Use Authorization Application and Instructions'' ---------------------------------------------------------------------------------------------------------------- Individual.......................... 100 100 2.5 250 Private Sector...................... 5,150 5,150 2.5 12,875 ---------------------------------------------------------------------------------------------------------------- Form 10-660, ``Commercial Use Authorization Annual Report and Instructions'' ---------------------------------------------------------------------------------------------------------------- Individual.......................... 100 100 8 125 Private Sector...................... 7,000 7,000 8 8,750 ---------------------------------------------------------------------------------------------------------------- Form 10-660A, ``Commercial Use Authorization Monthly Report and Instructions'' ---------------------------------------------------------------------------------------------------------------- Individual.......................... 100 900 .75 675 Private Sector...................... 7,000 63,000 .75 47,250 --------------------------------------------------------------------------- Totals:......................... 12,350 12,350 ................. 69,925 ---------------------------------------------------------------------------------------------------------------- Estimated Annual Nonhour Burden Cost: $525,000 ($100 x 5,250 Forms 10-550, ``Commercial Use Authorization Application and Instructions'' per year). III. Comments We invite comments concerning this information collection on: Whether or not the collection of information is necessary, including whether or not the information will have practical utility; The accuracy of the burden for this collection of information; Ways to enhance the quality, utility, and clarity of the information to be collected; and Ways to minimize the burden to respondents, including use of automated information techniques or other forms of information technology. Please note that the comments submitted 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 IC. 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 it will be done. [[Page 1204]] Dated: January 4, 2016. Madonna L. Baucum, Information Collection Clearance Officer, National Park Service. [FR Doc. 2016-00333 Filed 1-8-16; 8:45 am] BILLING CODE 4310-EH-P
![1202 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
Dated: January 4, 2016. T. 6 N., R. 3 E., Notice and request for
ACTION:
Michael O. Harmening, Secs. 5 through 8, 17 through 20, 29, and comments.
Chief Cadastral Surveyor, Nevada. 30.
T. 7 N., R. 3 E., SUMMARY: We (National Park Service,
[FR Doc. 2016–00318 Filed 1–8–16; 8:45 am] Secs. 30 and 31; NPS) will ask the Office of Management
BILLING CODE 4310–HC–P Sec. 32, except that portion within MS and Budget (OMB) to approve the
6715; information collection described below.
Sec. 33. As required by the Paperwork
DEPARTMENT OF THE INTERIOR T. 4 N., R. 4 E.,
Secs. 1 through 11, 15, and 17;
Reduction Act of 1995 and as part of our
Bureau of Land Management Sec. 18, lot 1 in NW1⁄4, lot 2 in NW1⁄4, and continuing efforts to reduce paperwork
NE1⁄4; and respondent burden, we invite the
[LLCAD08000 L12200000.EA0000 241A; ] Sec. 20, lots 1 through 8; general public and other Federal
Secs. 21 through 24, 26, 27, and 28. agencies to take this opportunity to
Notice of Temporary Closures of T. 5 N., R. 4 E., comment on this IC. This IC is
Public Lands for the King of the Secs. 18, 19, and 29 through 32. scheduled to expire on August 31, 2016.
Hammers Race in San Bernardino T. 4 N., R. 5 E., We may not conduct or sponsor and a
County, CA Secs. 2 through 6, 8 and 9; person is not required to respond to a
Sec. 10, unsurveyed;
AGENCY: Bureau of Land Management, collection of information unless it
Secs. 11 and 12;
Interior. Secs. 13, 14, and 15, all unsurveyed; displays a valid OMB control number.
ACTION: Notice. Sec. 16; DATES: To ensure we are able to
Secs. 17, 20 through 24, 26 through 29, and consider your comments, we must
SUMMARY: As authorized under the 32 through 35, all unsurveyed. receive them on or before March 11,
provisions of the Federal Land Policy T. 5 N., R. 5 E., 2016.
and Management Act of 1976, the Secs. 32 and 34.
ADDRESSES: Please send your comments
Bureau of Land Management (BLM) is The area described aggregates 71,065 acres,
giving notice that certain public lands more or less, in San Bernardino County,
on the ICR to Madonna L. Baucum,
near Twentynine Palms, California, will California. Information Collection Clearance
be temporarily closed to all public use Officer, National Park Service, 12201
The closure notice and a map of the Sunrise Valley Drive, Room 2C114, Mail
to provide for public safety during the closure area will be posted at the
2016 King of the Hammers Race Event. Stop 242, Reston, VA 20192 (mail); or
Barstow Field Office and on the BLM madonna_baucum@nps.gov (email).
DATES: Closure periods to all public use Web site: http://www.blm.gov/ca/st/en/ Please reference OMB Control Number
are January 31, 2016, through February fo/barstow_field.html. Roads leading ‘‘1024–0268, CUA’’ in the subject line of
6, 2016. into the public lands under closure will your comments.
FOR FURTHER INFORMATION CONTACT: be posted to notify the public of the FOR FURTHER INFORMATION CONTACT:
Brian Bellew, (916) 978–4653, email: closure. Samantha Towery, National Park
bbellew@blm.gov. Exceptions: Closure restrictions do Service, 12795 West Alameda Parkway,
SUPPLEMENTARY INFORMATION: This not apply to event officials, event Lakewood, CO 80228; by fax at 303/
closure applies to all public use, participants, registered spectators, 987–6901; or via email at
including pedestrian use and vehicles. medical and rescue personnel, law Samantha_Towery@nps.gov.
The public lands affected by this closure enforcement, and agency personnel
monitoring the events. SUPPLEMENTARY INFORMATION:
are described as follows:
Enforcement: Any person who I. Abstract
Land Description violates this closure may be tried before
The purpose of this information
San Bernardino Meridian a United States Magistrate and fined in
collection is to assist the NPS in
T. 5 N., R. 2 E., accordance with 18 U.S.C. 3571 and
managing the Commercial Use
Secs. 1, 2, 11, 12, and 13. imprisoned for no more than 12 months
Authorization Program. Conducting
T. 6 N., R. 2 E., under 43 U.S.C. 1733(a) and 43 CFR
Secs. 1, 12, 13, 14, 23 through 27, 34, and commercial operations in a unit of the
8360.0–7, or both. In accordance with
35. National Park System without a
43 CFR 8365.1–7, State or local officials
T. 4 N., R. 3 E., contract, permit, commercial use
may also impose penalties for violations
Sec. 1, lot 1 in NE1⁄4, lot 2 in NE1⁄4, lot 1 authorization, or some other written
of California law.
in NW1⁄4, lot 2 in NW1⁄4, NW1⁄4SW1⁄4, agreement is prohibited. Section 418,
and SE1⁄4; Authority: 43 CFR 8360.0–7 and 8364.1 Public Law 105–391 (54 U.S.C. 101925)
Sec. 2; gives the Secretary of the Interior the
Sec. 12, N1⁄2 and SE1⁄4. Thomas Pogacnik,
Deputy State Director for Resources.
authority to authorize a private person,
T. 5 N., R. 3 E.,
Secs. 5 and 6;
corporation, or other entity to provide
[FR Doc. 2016–00303 Filed 1–8–16; 8:45 am]
Sec. 7, unsurveyed; services to visitors in units of the
BILLING CODE 4310–40–P
Sec. 8, E1⁄2 and W1⁄2, unsurveyed; National Park System through a
Secs. 13 and 14; Commercial Use Authorization (CUA).
Sec. 17, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4,
DEPARTMENT OF INTERIOR Such authorizations are not considered
unsurveyed; concession contracts. We authorize
Secs. 18, 19, and 20; commercial operations that originate
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National Park Service
Sec. 21, E1⁄2 and W1⁄2, unsurveyed; and operate entirely within a park (in-
Secs. 22 through 28; [NPS–WASO–BSD–CONC–20037; park); commercial operations that
Sec. 29, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4, PPWOBSADC0, PPMVSCS1Y.Y00000 (166)]
unsurveyed;
provide services originating and
Sec. 34, E1⁄2, unsurveyed and W1⁄2; Proposed Information Collection; terminating outside of the park
Sec. 35, NE1⁄4, W1⁄2, unsurveyed, and SE1⁄4, Commercial Use Authorizations boundaries; organized children’s camps,
unsurveyed; outdoor clubs, and nonprofit
Sec. 36, SW1⁄4, unsurveyed. AGENCY: National Park Service, Interior. institutions; and other uses as the
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![1204 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
Dated: January 4, 2016. enforcement proceeding on April 8, ALJ’s finding that uPI violated the
Madonna L. Baucum, 2015, in view of the Federal Circuit’s consent order, and imposed a civil
Information Collection Clearance Officer, decision in uPI Semiconductor Corp. v. penalty of $620,000 on respondent uPI
National Park Service. ITC and Richtek Technology Corp. v. for violation of the Consent Order on 62
[FR Doc. 2016–00333 Filed 1–8–16; 8:45 am] ITC, 767 F.3d 1372 (Fed. Cir. 2014). See days. The Commission also affirmed the
BILLING CODE 4310–EH–P Comm’n Order (Apr. 8, 2015). The ALJ’s finding of direct infringement of
Commission instituted the original claims 1–11 and 26–27 of the ’190
enforcement proceeding on September patent with respect to uPI’s formerly
INTERNATIONAL TRADE 6, 2011, based on an enforcement accused products. The Commission also
COMMISSION complaint filed by Richtek Technology vacated the ALJ’s finding that uPI does
Corp. of Hsinchu, Taiwan, and Richtek not induce infringement of claims 1–11
[Investigation No. 337–TA–698 (Remand)] USA, Inc. of San Jose, California and 26–27 of the 190 patent. The
(collectively ‘‘Richtek’’). 76 FR 55109– Commission also determined to reverse
Certain DC–DC Controllers and 10. The complaint alleged violations of the ALJ’s finding that claims 29 and 34
Products Containing Same; the August 13, 2010, consent orders of the 470 patent are directly infringed
Commission Determination To Adopt a issued in the underlying investigation by respondent uPI’s accused DC–DC
Recommended Remand by the continued practice of prohibited controllers and products containing the
Determination; Issuance of Modified activities such as importing, offering for same, and determined that Richtek
Civil Penalty Order and Termination of sale, and selling for importation into the waived any allegations of indirect
Remand Enforcement Proceeding United States DC–DC controllers or infringement with respect to the ’470
AGENCY: U.S. International Trade products containing the same that patent. This action resulted in a finding
Commission. infringe one or more of U.S. Patent Nos. of no violation of the Consent Order
ACTION: Notice.
7,315,190 (‘‘the ’190 patent’’); 6,414,470 with respect to the ’470 patent. Further,
(‘‘the ’s ’470 patent’’); and 7,132,717 the Commission vacated as moot the
SUMMARY: Notice is hereby given that (‘‘the ’717 patent’’); or that contain or portion of the EID relating to the ’717
the U.S. International Trade use Richtek’s asserted trade secrets. The patent because the asserted claims 1–3
Commission has determined to adopt a Commission’s notice of institution of and 6–9 were cancelled by issuance of
remand recommended determination enforcement proceedings named uPI Ex Parte Reexamination Certificate No.
(‘‘RRD’’) of the presiding administrative and Sapphire Technology Limited U.S. 7,132,717 C1 on October 3, 2012.
law judge (‘‘ALJ’’) adding eleven (11) (‘‘Sapphire’’) of Shatin, Hong Kong as The Commission also affirmed the ALJ’s
days to the total number of days respondents. The Office of Unfair finding that uPI’s formerly accused
enforcement respondent uPI Import Investigations participated in the products contained or used Richtek’s
Semiconductor Corporation (‘‘uPI’’) of enforcement proceeding. Sapphire was asserted trade secrets to violate the
Hsinchu, Taiwan, violated the August later terminated from the enforcement Consent Order, but that uPI’s post-
13, 2010 consent order (‘‘the Consent proceeding based on a settlement Consent Order products did not
Order’’). The Commission has adopted agreement. misappropriate Richtek’s asserted trade
the RRD as a final determination of the On June 8, 2012, the presiding secrets.
Commission, issued a modified civil administrative law judge (‘‘ALJ’’) issued
his enforcement initial determination Both uPI and Richtek timely appealed
penalty order in the amount of $650,000 the Commission’s final determination.
directed against uPI, and has terminated (‘‘EID’’) finding a violation of the
Consent Order by uPI. The ALJ found The Federal Circuit issued its opinion in
the remand enforcement proceeding. the two appeals on September 25, 2014.
importation and sale of accused
FOR FURTHER INFORMATION CONTACT: See 767 F.3d 1372. The Court affirmed
products that infringe all asserted
Clint Gerdine, Office of the General claims of the patents at issue, and the Commission’s findings regarding
Counsel, U.S. International Trade importation and sale of formerly uPI’s appeal with a slight modification,
Commission, 500 E Street SW., accused products that contain or use but regarding Richtek’s appeal, the
Washington, DC 20436, telephone (202) Richtek’s asserted trade secrets. He Court reversed the Commission’s
708–2310. Copies of non-confidential found that uPI’s products developed determination that uPI did not violate
documents filed in connection with this after the consent order issued (‘‘post- the Consent Order based on trade secret
investigation are or will be available for Consent Order products’’) did not misappropriation with respect to uPI’s
inspection during official business misappropriate Richtek’s asserted trade post-Consent Order products. Id.
hours (8:45 a.m. to 5:15 p.m.) in the secrets. Also, he recommended Specifically, the Court found that, on
Office of the Secretary, U.S. enforcement measures for uPI’s the record provided, substantial
International Trade Commission, 500 E violation that included the following: evidence did not support the
Street SW., Washington, DC 20436, (1) Modifying the Consent Order to Commission’s conclusion that uPI’s
telephone (202) 205–2000. General clarify that the Order applies (and has post-Consent Order products were
information concerning the Commission always applied) to all uPI affiliates, past, independently developed. Id. at 1383.
may also be obtained by accessing its present, or future; and (2) imposing a Also specifically, regarding uPI’s appeal
Internet server at http://www.usitc.gov. civil penalty of $750,000 against uPI. and before deciding Richtek’s appeal,
The public record for this investigation The Commission did not review the the Court reduced the number of days
may be viewed on the Commission’s EID with respect to the trade secret of violation by eight (8) days to fifty-four
electronic docket (EDIS) at http:// allegations, but did review the EID as to (54) days. Id. at 1380. The Court
ebenthall on DSK6SPTVN1PROD with NOTICES
edis.usitc.gov. Hearing-impaired certain patent infringement allegations remanded the case to the Commission
persons are advised that information on and the number of violation days. On for further proceedings with respect to
this matter can be obtained by November 14, 2012, after review, the violation of the Consent Order. Id. at
contacting the Commission’s TDD Commission determined to affirm-in- 1383. On December 1, 2014, the Court
terminal on (202) 205–1810. part, reverse-in-part, modify-in-part, and denied uPI’s petition for rehearing of the
SUPPLEMENTARY INFORMATION: The vacate-in-part the EID’s findings under Court’s finding of no independent
Commission ordered this remand review. The Commission affirmed the development of uPI’s post-Consent
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Document Created: 2016-01-16 01:07:14
Document Modified: 2016-01-16 01:07:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | To ensure we are able to consider your comments, we must receive them on or before March 11, 2016. | |
| Contact | Samantha Towery, National Park Service, 12795 West Alameda Parkway, Lakewood, CO 80228; by fax at 303/ 987-6901; or via email at [email protected] | |
| FR Citation | 81 FR 1202 |
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