[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Notices]
[Pages 29147-29148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14042]


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DEPARTMENT OF THE INTERIOR

National Park Service


Request for Public Comment on Proposed Amendments and 
Clarifications of NPS-48 (Concession Guidelines)

SUMMARY: On February 20, 1997, the National Park Service (NPS) 
requested public comment on those portions of its staff manual (NPS-48) 
dealing with the administration of concession authorizations which had 
not been made available for public comment previously. On March 27, 
1997, NPS extended the due date for receipt of

[[Page 29148]]

comments through April 8, 1997. This notice seeks public comment on 
certain proposed amendments and clarifications to NPS-48.

COMMENT DATE: June 30, 1997.

ADDRESSES: Comments should be addressed to Robert Yearout, Program 
Manager, Concessions Program, National Park Service, P.O. Box 37127, 
Washington, D.C. 20013-7127.

FOR FURTHER INFORMATION CONTACT:
Copies of the Food Code proposed amendments to NPS-48 discussed below 
and, for those persons who have not previously obtained one, a copy of 
those portions of NPS-48 which had not previously been published for 
comment, are available by contacting Wendelin Mann, Concessions 
Program, National Park Service (202) 565-1219.

SUPPLEMENTARY INFORMATION: As a result of considering NPS-48 after 
receipt of public comments from the February 20, 1997, NPS is 
considering several clarifications and amendments to NPS-48. In 
addition, NPS is considering amending NPS-48 to update its Food Code 
guidelines. The proposed amendments and clarifications are set forth 
below, except for the proposed Food Code amendments which are available 
upon request from interested persons. NPS will respond to all comments 
received as a result of this notice and the February 20, 1997, notice 
through an additional Federal Register notice.

Proposed NPS-48 Amendments and Clarifications

1. Conformance With Revised Regulations

    One commenter in response to the February 20, 1997, notice, pointed 
out that the concession contracting regulations (36 CFR, Part 51) 
included in NPS-48 are not the most recent version of these 
regulations, which were amended effective October 5, 1992. NPS agrees 
that the copy of the regulations contained in NPS-48 is outdated, and 
hereby proposes to delete the old regulations and incorporate the 
revised regulations in NPS-48. NPS further notes that in the event of 
any conflict between these revised regulations and any guidance 
contained in NPS-48, the revised regulations will prevail.

2. Concessioner Evaluation Program

    One Commenter pointed out that a conflict exists between NPS-48 and 
the revised regulations (36 CFR 51.5) concerning the disposition of 
unsatisfactory and marginal ratings. NPS-48 states that if a 
concessioner receives an annual overall rating of ``unsatisfactory'' in 
any year of the contract term or ``marginal'' for any 2 consecutive 
years, then the concessioner is not entitled to a right of preference 
in the renewal of its contract. The regulations at 36 CFR 51.5(a) limit 
the loss of a concessioner's right of preference in contract renewal to 
the last year (for ``unsatisfactory'' ratings) or the last 2 years (for 
``marginal'' ratings) prior to issuance of a prospectus. NPS agrees 
that the regulations and guideline are in conflict on this point, and 
hereby proposes to amend NPS-48 to adopt the language of the regulation 
at 36 CFR 51.5(a).

3. Deposits for Advance Reservations

    One commenter pointed out that one provision in NPS-48 requires 
that rates in effect at the time of a deposit should apply to all or a 
portion of the visitor stay, even though there may have been a price 
increase (Chapter 29, D.2.b), and that this conflicts with another 
provision in NPS-48 which allows concessioners to charge the increased 
rates so long as individuals making advance reservations are notified 
that rates are subject to change and are not guaranteed by the deposit 
(Chapter 29, D.1.c.(1)). NPS agrees that these provisions are in 
conflict and hereby proposes to adopt the provision allowing 
concessioners to charge increased rates if individuals making 
reservations are notified that rates are subject to change and not 
guaranteed by the deposit.

4. Waiver of Franchise Fees

    NPS proposes to clarify NPS-48 with respect to waiver of franchise 
fees. In this regard, Chapter 24, section 5.i. of NPS-48 authorizes 
waiver of NPS concession contract franchise fees in certain 
circumstances. However, NPS-48 fails to note that as a matter of law 
such waivers are permissible only where the concession contract or 
permit in question contains an express provision authorizing such a 
waiver. Decision of the Comptroller General, April 11, 1944 (B-40226). 
In addition, NPS needs to state more directly that the waiver 
provisions of NPS-48 apply only to franchise fees, not to any other 
financial obligations of a concessioner set forth in an NPS concession 
contract or permit.

Specific Proposed Amendments and Clarifications to NPS-48

    1. Chapter 5, Subsection B.21., of NPS-48 is hereby proposed to be 
amended by deleting the former text of 36 CFR Part 51, and replacing it 
with the text of 36 CFR, Part 51, as revised on October 5, 1992.
    2. Chapter 19 of NPS-48 is hereby proposed to be amended by 
deleting the first sentence of subsection G and replacing it with the 
following two sentences;

    When a concessioner's Annual Overall Rating is Unsatisfactory 
for a year, or Marginal for two consecutive years, it constitutes 
ground for termination of the contract/permit. Further, if a 
concession receives an annual overall rating of Unsatisficatory 
during the last year prior to issuance of a prospectus, or an annual 
overall rating of Marginal during the 2 years prior to issuance of a 
prospectus, then the concessionare is not entitled to a right of 
preference in the renewal of its contract or permit.

    3. Chapter 24 of NPS-48 is hereby proposed to be clarified by 
adding the following two sentences to the end of the first paragraph of 
section 5.i.:

    Franchise fee waivers as a matter of law are only permissible 
under this section or otherwise where the concession contract or 
permit in question contains an express provision which authorizes 
such a waiver. In addition, even in circumstances where a concession 
contract or permit contains such an express franchise fee waiver 
provision, such waiver authority applies only to payment of 
franchise fees; it does not apply to any other financial or other 
obligations a concessioner may have under the terms of a concession 
contract or permit unless the contract or permit in question 
expressly so states.

    4. Chapter 29 of NPS-48 is hereby proposed to be amended by 
deleting subsection D.2.b.
    5. NPS hereby proposes to amend Chapter 21, Standard 1, of NPS-48 
with respect to its Food Code guidelines to conform them to the revised 
``Food Code'' issued by the United States Public Health Service in 
1993. Copies of the proposed changes are available at the address and 
telephone number mentioned above.

    Dated: May 16, 1997.
Robert K. Yearout,
Concession Program Manager.
[FR Doc. 97-14042 Filed 5-28-97; 8:45 am]
BILLING CODE 4310-70-M