[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14822-14824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05276]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-BSD-CONC-12098; PPWOBSADC0, PPMVSCS1Y.Y00000]


Proposed Information Collection; National Park Service 
Concessions

AGENCY: National Park Service, Interior.

ACTION: Notice; request for comments.

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SUMMARY: We (National Park Service, NPS) will ask the Office of 
Management and Budget (OMB) to approve the information collection (IC) 
described below. As required by the Paperwork Reduction Act of 1995 and 
as part of our continuing efforts to reduce paperwork and respondent 
burden, we invite the general public and other Federal agencies to take 
this opportunity to comment on this IC. This IC is scheduled to expire 
on September 30, 2013. 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.

DATES: To ensure that we are able to consider your comments on this IC, 
we must receive them by May 6, 2013.

ADDRESSES: Send your comments on the IC to Madonna L. Baucum, 
Information Collection Clearance Officer, National Park Service, 1201 I 
Street NW., MS 1237, Washington, DC 20005 (mail); or [email protected] (email). Please include ``1024-0029'' in the subject 
line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this IC, contact Deborah Harvey, Acting Chief, Commercial 
Services Program, National Park Service, 1201 I Street, NW., 
Washington, DC 20005 (mail), (202) 513-7150 (phone), or [email protected] (email).

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Private businesses under contract to the National Park Service 
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 (Pub. L. 105-391), 
which provides legislative authority, policies, and requirements for 
the solicitation, award, and administration of NPS concession 
contracts. The information collection requirements associated with NPS 
concessions are currently approved under four OMB control numbers. 
During our review for this renewal, we discovered some additional 
requirements that need OMB approval. In this revision of 1024-0029, we 
are including all of the information collection requirements associated 
with applying for and operating NPS concessions. If OMB approves this 
revision, we will discontinue OMB Control Numbers 1024-0125, 1024-0126, 
and 1024-0231. Following are the information collection requirements 
associated with soliciting, awarding, and administering NPS 
concessions:
    (1) Proposals (partially approved under OMB Control Number 1024-
0125). 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. Information that we collect includes, but is not limited to:
     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.

[[Page 14823]]

    We collect this information in narrative and form format. While the 
information we collect is currently approved under OMB Control No. 
1024-0125, OMB has not approved the following forms:
     Business Organization and Credit Information (Form 1 or 
2).
     Business History Information Form.
     Investment Expenses.
     Investment Assumptions.
     Initial Investments and Start-up Expenses Form.
     Initial Investments and Start-up Expenses Assumptions.
     Income Statement Form.
     Income Statement Assumptions.
     Operating Assumptions.
     Cash Flow Statement Form.
     Cash Flow Statement Assumptions.
    (2) Amendments. Amendments to proposals may be submitted in 
accordance with 36 CFR 51.15 and 51.32.
    (3) Appeals (currently approved under OMB Control Number 1024-
0231). Regulations at 36 CFR 51.47 state that any person may appeal to 
the Director, NPS 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.
    (4) Request to Construct a Capital Improvement (currently approved 
under OMB Control Number 1024-0231). 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.
    (5) Construction Report (currently approved under OMB Control 
Number 1024-0231). 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).
    (6) Application to Sell or Transfer Concession Operation (currently 
approved under OMB Control Number 1024-0126). 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.
     Opinion of counsel that the proposed transaction is lawful 
under all applicable Federal and State laws.
     Narrative description of the proposed transaction.
     Statement as to the existence and nature of any litigation 
relating to the proposed transaction.
     Description of the management qualifications, financial 
background, and financing and operational plans of any proposed 
transferee.
     Description of all financial aspects of the proposed 
transaction.
     Prospective financial statements (proformas).
     Schedule that allocates in detail the purchase price (or, 
in the case of a transaction other than an asset purchase, the 
valuation) of all assets assigned or encumbered. In addition, the 
applicant must provide a description of the basis for all allocations 
and ownership of all assets.
    (7) Annual Financial Statements (currently approved under OMB 
Control No. 1024-0029). We use Forms 10-356 and 10-356A to collect 
annual financial reports. These forms are 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.
    (8) 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: 10-356, 10-356A.
    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.

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                                                                    Completion
                                     Number of       Number of       time per      Total annual      Estimated
            Activity                respondents       annual         response      burden hours*      nonhour
                                                     responses        (hours)                       burden cost
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Proposals:
    Large Concessions...........              30              30             240           7,200        $240,000
    Small Concessions...........              60              60              80           4,800         180,000
Appeals.........................               1               1               1               1               0
Amendments......................               1               1              .5               1               0
Request to Construct Capital
 Improvement
    Large Projects..............              31              31              16             496               0
    Small Projects..............              89              89               8             712               0
Construction Report
    Large Projects..............              31              31              56           1,736               0
    Small Projects..............              89              89              24           2,136               0
Application to Sell/Transfer                  20              20              80           1,600           5,000
 Concession Operation...........
Annual Financial Statements
    Form 10-356 (long)..........             150             150              16           2,400               0

[[Page 14824]]

 
    Form 10-356A (short)........             350             350               4           1,400               0
Recordkeeping
    Large Concessions...........             150             150             800         120,000               0
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    Small Concessions...........             350             350              50          17,500               0
        Totals..................           1,352           1,352           1,376         159,982        $425,000
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* Rounded.

III. Comments

    We invite comments concerning this information collection on:
     Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
     The accuracy of 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. We will include or summarize each comment in our request 
to OMB to approve this IC. Before including your address, phone number, 
email address, or other personal identifying information in your 
comment, you should be aware that your entire comment, including your 
personal identifying information, may be made publicly available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

    Dated: March 1, 2013.
Madonna L. Baucum,
Information Collection Clearance Officer, National Park Service.
[FR Doc. 2013-05276 Filed 3-6-13; 8:45 am]
BILLING CODE 4312-EH-P