81_FR_70895 81 FR 70697 - Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; National Park Service Concessions

81 FR 70697 - Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; National Park Service Concessions

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 81, Issue 198 (October 13, 2016)

Page Range70697-70700
FR Document2016-24751

We (National Park Service, NPS) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This information collection is scheduled to expire on November 30, 2016. We 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

Federal Register, Volume 81 Issue 198 (Thursday, October 13, 2016)
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70697-70700]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24751]


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

DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-BSD-CONC-22120; PPWOBSADC0, PPMVSCS1Y.Y00000 (177)]


Information Collection Request Sent to the Office of Management 
and Budget (OMB) for Approval; National Park Service Concessions

AGENCY: National Park Service, Interior.

ACTION: Notice; request for comments.

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

SUMMARY: We (National Park Service, NPS) have sent an Information 
Collection Request (ICR) to OMB for review and approval. We summarize 
the ICR below and describe the nature of the collection and the 
estimated burden and cost. This information collection is scheduled to 
expire on November 30, 2016. We 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. However, under OMB 
regulations, we may continue to conduct or sponsor this information 
collection while it is pending at OMB.

DATES: You must submit comments on or before November 14, 2016.

ADDRESSES: Send your comments and suggestions on this information 
collection to the Desk Officer for the Department of the Interior at 
OMB-OIRA at (202) 395-5806 (fax) or [email protected] 
(email). Please provide a copy of your comments to Madonna L. Baucum, 
Information Collection Clearance Officer, National Park Service, 12201 
Sunrise Valley Drive, Mail Stop 242, Reston, VA 20192; or 
[email protected] (email). Please include ``1024-0029'' in the 
subject line of your comments. You may review the ICR online at http://www.reginfo.gov. Follow the instructions to review Department of the 
Interior collections under review by OMB.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Brian P. Borda, Chief, Commercial Services 
Program, National Park Service, 1201 I Street NW., Washington, DC 20005 
(mail), (202) 513-7156 (phone), or [email protected] (email).

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Private businesses under contract to the National Park Service (we, 
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 at 36 CFR part 51 primarily implement Title IV of 
the National Parks Omnibus Management Act of 1998 (54 U.S.C., Sec.  
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., Sec.  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

[[Page 70698]]

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.'' 36 CFR part 51, subpart I requires that 
concession contracts ``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 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
    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.
     Business Organization Information Form for Corporation, 
Limited Liability Company, Partnership or Joint Venture. This
     Business Organization Information Form for Individual or 
Sole Proprietorship. This

[[Page 70699]]

     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.
    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 at 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 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).

[[Page 70700]]

     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.

II. Data

    OMB Control Number: 1024-0029.
    Title: National Park Service Concessions, 36 CFR 51.
    Service Form Numbers: NPS Forms 10-356, 10-356A, 10-356B, 10-357A, 
10-357B, 10-358, 10-359A, and 10-359B.
    Type of Request: Revision of a currently approved collection.
    Description of Respondents: 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.
    Estimated Nonhour Cost Burden: $425,000.

----------------------------------------------------------------------------------------------------------------
                                                 Total annual                                      Total annual
                   Activity                        responses      Completion time per response     burden hours
----------------------------------------------------------------------------------------------------------------
Concessioner Annual Financial Report
  Form 10-356, ``Concessioner Annual Financial             150  15 hours........................           2,250
   Report''.
  Form 10-356A, ``Concessioner Annual                      350  4 hours.........................           1,400
   Financial Report (For Concessioners with
   Gross Receipts Less than $500,000)''.
  Form 10-356B, ``Concessioner Annual                       30  2 hours.........................              60
   Financial Report (For Concessioners with
   Special Accounts and Utility Add-ons)''.
Proposals for Concession Opportunities
  Large Concession............................              30  240 hours.......................           7,200
  Small Concession............................              60  80 hours........................           4,800
Amendments....................................               1  1 hour..........................               1
Appeals.......................................               1  30 minutes......................               1
Request To Construct a Capital Improvement
  Large Projects..............................              31  16 hours........................             496
  Small Projects..............................              89  8 hours.........................             712
Construction Report
  Large Project...............................              31  56 hours........................           1,736
  Small Project...............................              89  24 hours........................           2,136
Application To Sell or Transfer a Concession                20  80 hours........................           1,600
 Operation.
Recordkeeping
  Large Concessions...........................             150  800 hours.......................         120,000
  Small Concessions...........................             350  50 hours........................          17,500
                                               -----------------------------------------------------------------
    Totals....................................           1,382  ................................         159,892
----------------------------------------------------------------------------------------------------------------

III. Comments

    On November 10, 2015, we published in the Federal Register (80 FR 
69695) a Notice of our intent to request that OMB approve the 
collection of information associated with soliciting, awarding, and 
administering NPS concessions. We solicited comments for 60 days ending 
on January 11, 2016. We received one comment in response to the Notice:
    Comment: A current concessioner commented that it is time consuming 
and expensive to have the Annual Financial Report reviewed by an 
accountant and then sent back to the concessioner before being 
submitted. The commenter recommended providing an upfront form that the 
accountant could fill out and submit without extra steps.
    NPS Response: We have historically provided the electronic forms on 
our Web site, and continue to do so. Some concessioners that work with 
accountants have their accountants submit the forms directly to the 
NPS, as the commenter suggested. This will continue to be allowed, so 
we will not take any action. In addition, in conjunction with updates 
to the forms, we are proposing to simplify the submission process by 
allowing concessioners or their accountants to email the electronic AFR 
form as an attachment.
    We again 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 our estimate 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 of the collection of 
information on respondents.
    Comments that you submit in response to this notice are a matter of 
public record. 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 OMB in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that it 
will be done.

    Dated: October 7, 2016.
Madonna L. Baucum,
Information Collection Clearance Officer, National Park Service.
[FR Doc. 2016-24751 Filed 10-12-16; 8:45 am]
 BILLING CODE 4310-EH-P



                                                                         Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices                                         70697

                                             information and analysis contained in                   meeting to be held for the amended                    collection and the estimated burden and
                                             the EA.                                                 application.                                          cost. This information collection is
                                                Under the selected alternative, we                   DATES AND ADDRESSES: A public meeting                 scheduled to expire on November 30,
                                             would continue most current                             will be held on Tuesday, November, 15,                2016. We may not conduct or sponsor
                                             management activities, but also include                 2016, from 6:30 pm to 8 pm at                         and a person is not required to respond
                                             components from Alternative B                           Brookings-Harbor High School, 625                     to a collection of information unless it
                                             including implementing the feral swine                  Pioneer Road, Brookings, OR 97415.                    displays a currently valid OMB control
                                             control plan and developing and                         FOR FURTHER INFORMATION CONTACT:                      number. However, under OMB
                                             implementing a predator management                      Jacob Childers, BLM Oregon/                           regulations, we may continue to
                                             plan to protect western snowy plover                    Washington State Office, 503–808–6225;                conduct or sponsor this information
                                             and California least tern. Public access,               Candice Polisky, USFS Pacific Nort                    collection while it is pending at OMB.
                                             guided interpretive walks, and                          hwest Region, 503–808–2479. Please                    DATES: You must submit comments on
                                             environmental education would                           send email inquiries to blm_or_wa_                    or before November 14, 2016.
                                             continue to be offered.                                 withdrawals@blm.gov. Persons who use                  ADDRESSES: Send your comments and
                                                The selected alternative provides                    a telecommunications device for the                   suggestions on this information
                                             guidance for achieving the Refuge’s                     deaf (TDD) may call the Federal                       collection to the Desk Officer for the
                                             purpose, vision, and goals; forwards the                Information Relay Service (FIRS) at 1–                Department of the Interior at OMB–
                                             Refuge System mission; addresses the                    800–877–8339 to contact either of the                 OIRA at (202) 395–5806 (fax) or OIRA_
                                             significant issues and relevant                         above individuals. The FIRS is available              Submission@omb.eop.gov (email).
                                             mandates; and is consistent with                        24 hours a day, 7 days a week. You will               Please provide a copy of your comments
                                             principles of sound fish and wildlife                   receive a reply during normal business                to Madonna L. Baucum, Information
                                             management. Based on the associated                     hours.                                                Collection Clearance Officer, National
                                             environmental assessment, this                          SUPPLEMENTARY INFORMATION: The FR                     Park Service, 12201 Sunrise Valley
                                             alternative is not expected to result in                notice published on September 30, 2016                Drive, Mail Stop 242, Reston, VA 20192;
                                             significant environmental impacts and                   stated that an opportunity for public                 or madonna_baucum@nps.gov (email).
                                             therefore does not require an                           meeting would be afforded in                          Please include ‘‘1024–0029’’ in the
                                             environmental impact statement.                         connection with the proposed                          subject line of your comments. You may
                                             Alexandra Pitts,                                        withdrawal. The public will have the                  review the ICR online at http://
                                                                                                     opportunity to verbally comment or                    www.reginfo.gov. Follow the
                                             Acting Regional Director, Pacific Southwest
                                             Region, Sacramento, California.                         provide written comments at the public                instructions to review Department of the
                                                                                                     meeting. The publication of the FR                    Interior collections under review by
                                             [FR Doc. 2016–24737 Filed 10–12–16; 8:45 am]
                                                                                                     notice on September 30, 2016 was the                  OMB.
                                             BILLING CODE 4333–15–P
                                                                                                     official start of a 90-day public comment             FOR FURTHER INFORMATION CONTACT: To
                                                                                                     period that extends through December                  request additional information about
                                             DEPARTMENT OF THE INTERIOR                              29, 2016. Written comments should be                  this ICR, contact Brian P. Borda, Chief,
                                                                                                     sent to the Bureau of Land Management,                Commercial Services Program, National
                                             Bureau of Land Management                               Oregon State Office, P.O. Box 2965,                   Park Service, 1201 I Street NW.,
                                                                                                     Portland, OR 97208–2965, or by email at               Washington, DC 20005 (mail), (202)
                                             [LLOR936000.L1440000.ET0000.
                                                                                                     blm_or_wa_withdrawals@blm.gov.                        513–7156 (phone), or brian_borda@
                                             17XL1109AF; HAG 17–0017; OROR–68370]
                                                                                                        The meeting will be held in                        nps.gov (email).
                                             Notice of Public Meeting for Amended                    accordance with the regulations set                   SUPPLEMENTARY INFORMATION:
                                             Proposed Withdrawal; Oregon                             forth in 43 CFR part 2310.3–1.
                                                                                                                                                           I. Abstract
                                                                                                     Leslie A. Frewing,
                                             AGENCY:    Bureau of Land Management,                                                                            Private businesses under contract to
                                             Interior.                                               Acting Chief, Branch of Land, Mineral, and            the National Park Service (we, NPS)
                                                                                                     Energy Resources.
                                             ACTION:  Notice of public meeting.                                                                            manage food, lodging, tours, whitewater
                                                                                                     [FR Doc. 2016–24743 Filed 10–12–16; 8:45 am]
                                                                                                                                                           rafting, boating, and many other
                                             SUMMARY:    A Notice of Amended                         BILLING CODE 3411–15–P                                recreational activities and amenities in
                                             Proposed Withdrawal was published in                                                                          more than 100 national parks. These
                                             the Federal Register (FR) on September                                                                        services gross more than $1 billion
                                             30, 2016 for approximately 5,216.18                     DEPARTMENT OF THE INTERIOR
                                                                                                                                                           every year and provide jobs for more
                                             acres of Bureau of Land Management                                                                            than 25,000 people during peak season.
                                                                                                     National Park Service
                                             (BLM) managed public domain and                                                                                  The regulations at 36 CFR part 51
                                             revested Oregon California Railroad                     [NPS–WASO–BSD–CONC–22120;                             primarily implement Title IV of the
                                             lands and 95,805.53 acres of National                   PPWOBSADC0, PPMVSCS1Y.Y00000 (177)]                   National Parks Omnibus Management
                                             Forest System lands (80 FR 37015). The                                                                        Act of 1998 (54 U.S.C., § 101911 et seq.,
                                             amended application increased the                       Information Collection Request Sent to                also referred to as Pub. L. 105–391),
                                             proposed withdrawal term from 5 years                   the Office of Management and Budget                   which provides legislative authority,
                                             to 20 years, and added the purpose of                   (OMB) for Approval; National Park                     policies, and requirements for the
                                             protecting the Southwestern Oregon                      Service Concessions                                   solicitation, award, and administration
                                             watershed from possible adverse effects                 AGENCY:   National Park Service, Interior.            of NPS concession contracts.
Lhorne on DSK30JT082PROD with NOTICES




                                             of mineral development. The amended                     ACTION:   Notice; request for comments.                  Furthermore, 54 U.S.C., § 101911 et
                                             application does not affect the current                                                                       seq. provides that ‘‘all proposed
                                             segregation, which expires June 28,                     SUMMARY:  We (National Park Service,                  concession contracts shall be awarded
                                             2017, unless the application is denied or               NPS) have sent an Information                         by the Secretary to the person,
                                             canceled or the withdrawal is approved                  Collection Request (ICR) to OMB for                   corporation or other entity submitting
                                             prior to that date. This notice announces               review and approval. We summarize the                 the best proposal, as determined by the
                                             the date, time, and location of a public                ICR below and describe the nature of the              Secretary through a competitive


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                                             70698                       Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices

                                             selection process. Such competitive                     commonly used by industry for                         contractual repair and maintenance
                                             process shall include simplified                        reporting in conformance with generally               reserve requirement.
                                             procedures for small, individually-                     accepted accounting principles. The                      • Schedule Q lists the projects from
                                             owned, concessions contracts.’’                         information provides a comprehensive                  that reserve.
                                               We collect the following information                  view of the concessioner’s financial                     Form 10–356A, ‘‘Concessioner
                                             associated with the administration of                   situation at the end of its fiscal year and           Annual Financial Report (For
                                             concessions:                                            the concessioner’s activity over the                  Concessioners with Gross Receipts Less
                                               • Description of how respondent will                  preceding year. Careful analysis                      than $500,000)’’—In an attempt to
                                             conduct operations to minimize                          provides an effective tool in the                     reduce administrative burden,
                                             disturbance to wildlife; protect park                   decision making process and for the                   concessioners with gross receipts under
                                             resources; and provide visitors with a                  tracking of concessioner and                          $500,000 submit only a shorter report
                                             high quality, safe, and enjoyable visitor               Government contractual obligations for                (Form 10–356A). This ‘‘short form’’ is a
                                             experience.                                             payments and maintenance and                          simplified income statement, balance
                                               • Organizational structure and history                construction requirements. The                        sheet, and operation statistics.
                                             and experience with similar operations.                 financial information being collected is              Concessioners with gross receipts under
                                               • Details on violations or infractions                necessary to provide insight into and                 $250,000 do not have to submit the
                                             and how they were handled.                              knowledge of the concessioner’s
                                               • Financial information and                                                                                 balance sheet.
                                                                                                     operation so that this authority can be                  Form 10–356B, ‘‘Concessioner Annual
                                             demonstration that respondent has
                                                                                                     exercised and franchise fees can be                   Financial Report (For Concessioners
                                             credible, proven track record of meeting
                                                                                                     determined in a timely manner and                     with Special Accounts and Utility Add-
                                             obligations.
                                                                                                     without an undue burden on the                        ons)’’—A limited number of
                                             Concessioner Annual Financial Report                    concessioner. We collect the following                concessioners have special accounts in
                                             (Forms 10–356, 10–356A, and 10–356B)                    information:                                          lieu of franchise fees or rate add-ons to
                                                The Concessioner Annual Financial                       • Cover sheet provides identifying                 offset high costs for unique operations.
                                             Report provides concessioner financial                  information and the concessioner’s                    To reduce administrative burden,
                                             information as required by each                         certification as to the accuracy of the               additional schedules for reporting on
                                             concession contract. This information is                accompanying report.                                  these unique contract inclusions are
                                             necessary to comply with the                               • Schedule A is an income statement                provided in a separate form. The
                                             requirements placed on the Secretary of                 summarizing the financial activity                    additional schedules include:
                                             the Interior by Congress. Title IV,                     (gross receipts, expenses, and net                       • Schedule N provides an accounting
                                             Section 407 of the National Parks                       income) of the period being reported on.              for those concessioners who have
                                             Omnibus Management Act of 1998 (Pub.                       • Schedule A–1 is a worksheet for                  Special Accounts.
                                             L. 105–391) requires that ‘‘a concessions               calculating the comprehensive income.                    • Schedule O lists expenditures from
                                                                                                        • Schedule B is a worksheet for                    Special Accounts.
                                             contract shall provide for payment to
                                                                                                     calculating the franchise fee.                           • Schedule R provides an accounting
                                             the Government of a franchise fee or
                                                                                                        • Schedule C is a balance sheet                    for those concessioners who have
                                             other such monetary consideration as
                                                                                                     comparing the sources (liabilities and                approved rate add-ons.
                                             determined by the Secretary, upon
                                                                                                     equity) with the uses (assets) of the
                                             consideration of the probable value to                                                                        Proposals for Concession Opportunities
                                                                                                     capital of the company at the end of the
                                             the concessioner of the privileges
                                                                                                     fiscal year.                                             The public solicitation process begins
                                             granted by the particular contract                         • Schedule D is a detail of the fixed
                                             involved. Such probable value shall be                                                                        with the issuance of a prospectus to
                                                                                                     assets reported on the balance sheet                  invite the general public to submit
                                             based upon a reasonable opportunity for                 with a special listing of possessory
                                             net profit in relation to capital invested                                                                    proposals for the contract. The
                                                                                                     interest or leasehold improvement                     prospectus describes the terms and
                                             and the obligations of the contract.’’ 36               assets (potential obligations of the
                                             CFR part 51, subpart I requires that                                                                          conditions of the concession contract to
                                                                                                     Government).                                          be awarded, the procedures to be
                                             concession contracts ‘‘provide for                         • Schedule E is a statement of cash
                                             payment to the Government of a                                                                                followed in the selection of the best
                                                                                                     flows.                                                proposal, and the information that must
                                             franchise fee or other monetary                            • Schedule F is space reserved for
                                             consideration as determined by the                                                                            be provided.
                                                                                                     explanatory notes to the report.
                                             Director upon consideration of the                         • Schedule G is a breakdown of gross                  We collect the following information
                                             probable value to the concessioner of                   receipts by major departments.                        from every offeror.
                                             the privileges granted by the contract                     • Schedule H is a detail of                           • Offeror’s Transmittal Letter. This
                                             involved.’’ In order to verify the                      departmental income and expenses.                     letter identifies the name of the entity
                                             accuracy of the report and payments of                     • Schedule I is a detail of general and            offering a proposal to operate a
                                             franchise fees, concessioners with gross                administrative expenses.                              concession contract and that entity’s
                                             receipts of over $1 million are required                   • Schedule J lists ownership and                   contact information.
                                             to have financial statements audited by                 compensation to officers and owners.                     • Certificate of Business Entity
                                             an independent certified public                            • Schedule K details the additions                 Offeror. This form identifies the type of
                                             accountant and have them express an                     and disposals of fixed assets during the              entity for the offeror, such as
                                             opinion on the financial statements.                    year.                                                 corporation, Limited Liability Company,
                                             Concessioners with gross receipts                          • Schedule L is a supporting schedule              partnership, etc.
                                                                                                                                                              • Business Organization Information
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                                             between $500,000 and $1 million must                    for any amounts that need further
                                             have a review opinion by an                             explanation or detail.                                Form for Corporation, Limited Liability
                                             independent accountant, a lesser                           • Schedule M contains various                      Company, Partnership or Joint Venture.
                                             requirement and burden.                                 operational statistics commonplace for                This
                                                Form 10–356, ‘‘Concessioner Annual                   the major services provided in parks.                    • Business Organization Information
                                             Financial Report’’, is an accumulation                     • Schedule P provides an accounting                Form for Individual or Sole
                                             of various financial statements                         for those concessioners who have a                    Proprietorship. This


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                                                                         Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices                                          70699

                                                • Business History Information Form.                 that submitted proposals a similar                    project and to any additions to a
                                             We request information about the                        opportunity to amend or supplement                    structure or replacement of fixtures.
                                             offeror’s business history to understand                their proposals. Permitted amendments
                                                                                                                                                           Construction Report
                                             any adverse history that could impact                   must be limited to modifying particular
                                             future operations under a concession                    aspects of proposals resulting from a                   In accordance with 36 CFR 51.55, a
                                             contract.                                               general failure of offerors to understand             concessioner obtaining a leasehold
                                                • Credit Report. We request offerors                 particular requirements of a prospectus               surrender interest must submit a
                                             submit a credit report so that we can                   or a general failure of offerors to submit            construction report to the NPS. The
                                             understand the offeror’s credit history                 particular information required by a                  construction report must be supported
                                             and any risks of contracting with the                   prospectus.                                           by actual invoices of the capital
                                             entity.                                                   In accordance with 36 CFR 51.32, if                 improvement’s construction cost
                                                In addition to this standard                         the Director determines that a proposal               together with, if requested by the NPS,
                                             information, we also collect additional                 other than the responsive proposal                    a written certification from a certified
                                             information in narrative and form                       submitted by a preferred offeror is the               public accountant (CPA). The
                                             format. The amount of information or                    best proposal submitted for a qualified               construction report must document, and
                                             degree of detail requested varies widely,               concession contract, then the Director                any requested certification by the
                                             depending upon the size and scope of                    must advise the preferred offeror of the              certified public accountant must certify,
                                             the business opportunity. For example,                  better terms and conditions of the best               that all components of the construction
                                             a much greater amount of detailed                       proposal and permit the preferred                     cost were incurred and capitalized by
                                             information would be required for a                     offeror to amend its proposal to match                the concessioner in accordance with
                                             multi-unit lodging and food service                     them. An amended proposal must                        Generally Accepted Accounting
                                             operation (such as that at Yellowstone),                match the better terms and conditions of              Principles (GAAP), and that all
                                             than would be required for a small                      the best proposal. If the preferred offeror           components are eligible direct or
                                             firewood sales operation. This                          amends the proposal within the time                   indirect construction costs. Invoices for
                                             additional information includes the                     period allowed, and the Director                      additional construction costs of
                                             following which coincide with the five                  determines that the amended proposal                  elements of the project that were not
                                             principal selection factors:                            matches the better terms and conditions               completed as of the date of substantial
                                                • Proposals to protect, conserve and                 of the best proposal, then the Director               completion may subsequently be
                                             preserve resources of the park. These                   must select the preferred offeror for                 submitted to the Director for inclusion
                                             proposals respond to specific resource                  award of the contract.                                in the project’s construction cost.
                                             management objectives and issues at the
                                             park and contract in question.                          Appeals                                               Application To Sell or Transfer
                                                • Proposals to provide necessary and                                                                       Concession Operation
                                                                                                        Regulations at 36 CFR 51.47 state that
                                             appropriate visitor services at                                                                                  36 CFR part 51, subpart J, provides
                                                                                                     any person may appeal to the Director,
                                             reasonable rates. These proposals                                                                             that a concessioner must obtain NPS
                                                                                                     a determination that a concessioner is
                                             respond to specific visitor service                                                                           approval to assign, sell, convey, grant,
                                                                                                     not a preferred offeror for the purposes
                                             questions at the park and contract in                                                                         contract for, or otherwise transfer: Any
                                                                                                     of a right of preference in renewal and
                                             question.                                                                                                     concession contract; any rights to
                                                • The experience and related                         that the appeal must specify the grounds
                                                                                                     for the appeal. If the appellant does not             operate under or manage the
                                             background of the offeror, including                                                                          performance of a concession contract as
                                             past performance and expertise of the                   identify the specific grounds on which
                                                                                                     it objects to the Director’s initial                  a subconcessioner or otherwise; any
                                             offeror in providing the same or similar                                                                      controlling interest in a concessioner or
                                             visitor services as those to be provided                preferred offeror determination, the
                                                                                                     Director could make a final                           concession contract; or any leasehold
                                             under the draft concession contract.                                                                          surrender interest or possessory interest
                                                • The financial capability of the                    determination without fully
                                                                                                     understanding the appellant’s concerns                obtained under a concession contract.
                                             offeror to carry out its proposal. In                                                                         The amount and type of information to
                                             particular, we ask for projected                        or without taking into consideration
                                                                                                     important information the appellant                   be submitted varies with the type and
                                             financials including initial investments,                                                                     complexity of the proposed transaction.
                                             startup expenses, income statement,                     may wish to submit in support of its
                                                                                                     position.                                             Information includes, but is not limited
                                             operating assumptions, cash flow                                                                              to:
                                             statement, recapture of investments, and                Request To Construct a Capital                           • Instruments proposed to implement
                                             all associated assumptions.                             Improvement                                           the transaction.
                                                • The amount of the proposed
                                                                                                       In accordance with 36 CFR 51.54, a                     • Narrative description of the
                                             minimum franchise fee and other forms
                                                                                                     request for approval to construct a                   proposed transaction.
                                             of financial consideration.
                                                We use all of the information                        capital improvement must include                         • Opinion of counsel that the
                                             provided to objectively evaluate offers                 appropriate plans and specifications for              proposed transaction is lawful under all
                                             received for a particular business                      the capital improvement. The request                  applicable Federal and State laws.
                                             opportunity, assure that the park                       must also include an estimate of the                     • Statement as to the existence and
                                             resources will be adequately protected,                 total construction cost of the capital                nature of any litigation relating to the
                                             and determine which offeror will                        improvement. The estimate of the total                proposed transaction.
                                             provide the best service to visitors.                   construction cost must specify all                       • Description of the management
                                                                                                                                                           qualifications, financial background,
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                                                                                                     elements of the cost in such detail as is
                                             Amendments                                              necessary to permit the Director, NPS to              and financing and operational plans of
                                               In accordance with 36 CFR 51.15, an                   determine that they are elements of                   any proposed transferee.
                                             offeror may not amend or supplement a                   construction cost. The approval                          • Description of all financial aspects
                                             proposal after the submission date                      requirements of this and other sections               of the proposed transaction.
                                             unless requested by the Director to do                  of 36 CFR part 51 also apply to any                      • Prospective financial statements
                                             so and the Director provides all offerors               change orders to a capital improvement                (proformas).


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                                             70700                                Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices

                                                • Schedule that allocates in detail the                                 records for the term of the concession                                 Type of Request: Revision of a
                                             purchase price (or, in the case of a                                       contract and for 5 years after the                                   currently approved collection.
                                             transaction other than an asset                                            termination or expiration of the                                       Description of Respondents:
                                             purchase, the valuation) of all assets                                     concession contract.                                                 Individuals, businesses, and nonprofit
                                             assigned or encumbered. In addition,                                                                                                            organizations.
                                                                                                                        II. Data
                                             the applicant must provide a                                                                                                                      Respondent’s Obligation: Required to
                                             description of the basis for all                                             OMB Control Number: 1024–0029.                                     obtain or retain a benefit.
                                             allocations and ownership of all assets.                                     Title: National Park Service                                         Frequency of Collection: On occasion
                                                                                                                        Concessions, 36 CFR 51.                                              for proposals, amendments, and
                                             Recordkeeping
                                                                                                                          Service Form Numbers: NPS Forms                                    appeals; annually for financial reports;
                                               In accordance with 36 CFR 51.98, a                                       10–356, 10–356A, 10–356B, 10–357A,                                   and ongoing for recordkeeping.
                                             concessioner (and any subconcessioner)                                     10–357B, 10–358, 10–359A, and 10–                                      Estimated Nonhour Cost Burden:
                                             must keep and make available to NPS,                                       359B.                                                                $425,000.

                                                                                                                                                                 Total annual                                                                   Total annual
                                                                                              Activity                                                                                 Completion time per response
                                                                                                                                                                  responses                                                                     burden hours

                                             Concessioner Annual Financial Report
                                               Form 10–356, ‘‘Concessioner Annual Financial Report’’ ......................                                                 150    15 hours ..........................................                 2,250
                                               Form 10–356A, ‘‘Concessioner Annual Financial Report (For Conces-                                                            350    4 hours ............................................                1,400
                                                 sioners with Gross Receipts Less than $500,000)’’.
                                               Form 10–356B, ‘‘Concessioner Annual Financial Report (For Conces-                                                             30    2 hours ............................................                   60
                                                 sioners with Special Accounts and Utility Add-ons)’’.
                                             Proposals for Concession Opportunities
                                               Large Concession ..................................................................................                           30    240 hours ........................................                  7,200
                                               Small Concession ..................................................................................                           60    80 hours ..........................................                 4,800
                                             Amendments ..............................................................................................                        1    1 hour ..............................................                   1
                                             Appeals ......................................................................................................                   1    30 minutes .......................................                      1
                                             Request To Construct a Capital Improvement
                                               Large Projects ........................................................................................                       31    16 hours ..........................................                   496
                                               Small Projects ........................................................................................                       89    8 hours ............................................                  712
                                             Construction Report
                                               Large Project ..........................................................................................                      31    56 hours ..........................................                 1,736
                                               Small Project ..........................................................................................                      89    24 hours ..........................................                 2,136
                                             Application To Sell or Transfer a Concession Operation ..........................                                               20    80 hours ..........................................                 1,600
                                             Recordkeeping
                                               Large Concessions ................................................................................                           150    800 hours ........................................                120,000
                                               Small Concessions .................................................................................                          350    50 hours ..........................................                17,500

                                                   Totals ..................................................................................................               1,382   ..........................................................        159,892



                                             III. Comments                                                              take any action. In addition, in                                     comment, including your personal
                                                                                                                        conjunction with updates to the forms,                               identifying information, may be made
                                               On November 10, 2015, we published
                                                                                                                        we are proposing to simplify the                                     publicly available at any time. While
                                             in the Federal Register (80 FR 69695) a
                                                                                                                        submission process by allowing                                       you can ask OMB in your comment to
                                             Notice of our intent to request that OMB
                                                                                                                        concessioners or their accountants to                                withhold your personal identifying
                                             approve the collection of information
                                                                                                                        email the electronic AFR form as an                                  information from public review, we
                                             associated with soliciting, awarding,
                                                                                                                        attachment.                                                          cannot guarantee that it will be done.
                                             and administering NPS concessions. We                                         We again invite comments concerning
                                             solicited comments for 60 days ending                                                                                                             Dated: October 7, 2016.
                                                                                                                        this information collection on:                                      Madonna L. Baucum,
                                             on January 11, 2016. We received one                                          • Whether or not the collection of
                                             comment in response to the Notice:                                         information is necessary, including                                  Information Collection Clearance Officer,
                                               Comment: A current concessioner                                                                                                               National Park Service.
                                                                                                                        whether or not the information will
                                             commented that it is time consuming                                                                                                             [FR Doc. 2016–24751 Filed 10–12–16; 8:45 am]
                                                                                                                        have practical utility;
                                             and expensive to have the Annual                                              • The accuracy of our estimate of the                             BILLING CODE 4310–EH–P
                                             Financial Report reviewed by an                                            burden for this collection of
                                             accountant and then sent back to the                                       information;
                                             concessioner before being submitted.                                          • Ways to enhance the quality, utility,                           DEPARTMENT OF THE INTERIOR
                                             The commenter recommended                                                  and clarity of the information to be
                                             providing an upfront form that the                                                                                                              Office of Surface Mining Reclamation
                                                                                                                        collected; and                                                       and Enforcement
                                             accountant could fill out and submit                                          • Ways to minimize the burden of the
                                             without extra steps.                                                       collection of information on                                         [S1D1S SS08011000 SX066A0067F
                                               NPS Response: We have historically                                       respondents.                                                         178S180110; S2D2D SS08011000 SX066A00
                                                                                                                                                                                             33F 17XS501520]
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                                             provided the electronic forms on our                                          Comments that you submit in
                                             Web site, and continue to do so. Some                                      response to this notice are a matter of
                                                                                                                                                                                             Notice of Proposed Information
                                             concessioners that work with                                               public record. Before including your
                                                                                                                                                                                             Collection; Request for Comments for
                                             accountants have their accountants                                         address, phone number, email address,
                                                                                                                                                                                             1029–0030
                                             submit the forms directly to the NPS, as                                   or other personal identifying
                                             the commenter suggested. This will                                         information in your comment, you                                     AGENCY:Office of Surface Mining
                                             continue to be allowed, so we will not                                     should be aware that your entire                                     Reclamation and Enforcement, Interior.


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Document Created: 2016-10-13 00:54:04
Document Modified: 2016-10-13 00:54:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesYou must submit comments on or before November 14, 2016.
ContactTo request additional information about this ICR, contact Brian P. Borda, Chief, Commercial Services Program, National Park Service, 1201 I Street NW., Washington, DC 20005 (mail), (202) 513-7156 (phone), or [email protected] (email).
FR Citation81 FR 70697 

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