[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65412-65415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25782]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-BSD-CONC-NPS0028083; PPWOBSADC0, PPMVSCS1Y.Y00000 (200), OMB 
Control Number 1024-0268]


Agency Information Collection Activities; Commercial Use 
Authorizations

AGENCY: National Park Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the National Park Service (NPS) are proposing to renew an information 
collection with revisions.

DATES: Interested persons are invited to submit comments on or before 
December 27, 2019.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's (OMB) Desk Officer for 
the Department of the Interior by email at [email protected]; 
or by facsimile at 202-395-5806. Please provide a copy of your comments 
to Phadrea Ponds, Information Collection Clearance Officer, National 
Park Service, 1201 Oakridge Drive, Fort Collins, CO 80525; or by email 
at [email protected]. Please reference OMB Control Number 1024-0268 
in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Samantha Towery, National Park Service, 12795 
West Alameda Parkway, Lakewood, CO 80228; or by email at 
[email protected]. Please reference OMB Control Number 1024-0268 
in the subject line of your comments. You may also view the ICR at 
http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps us assess the impact 
of our information collection requirements and minimize the public's 
reporting burden. It also helps the public understand our information 
collection requirements and provide the requested data in the desired 
format.
    On May 28, 2019, we published a Federal Register notice soliciting 
comments on this collection of information for 60 days, ending on July

[[Page 65413]]

29, 2019 (84 FR 24539). The NPS received 17 comments from the 60-day 
Federal Register notice. We have summarized the comments received into 
the following seven categories:

1. Comments Unrelated to the ICR

    Comments received regarding the proposed changes to NPS commercial 
tour fees that did not specifically address the information collection 
or matters specifically related to the forms.
    NPS Response: The Federal Register Notice you've referenced is only 
about the continued use of the commercial use authorization (CUA) 
application and reporting forms. The approval of these forms is 
separate from the issues related to commercial tour fees and 
requirements. Only comments related to the application and reporting 
forms will be recorded as a part of the record for this collection. All 
other comments will be forwarded to the CUA program for its records.
    All federal agencies with forms designed to collect information 
from the public are required to obtain approval of those forms from the 
Office of Management and Budget every three years in order for the 
agency to continue to use the forms. So, again, this is ONLY about the 
form and not commercial tour fees and requirements.

2. Administrative Burden Due to Increased Paperwork or Fees

    Comments were received from road-based commercial tour industry 
related to the administrative burden and fees charged to road-based 
commercial tour operators during the CUA application and reporting 
process.
    NPS Response: The NPS requires all types of commercial operators to 
complete the same OMB approved CUA applications and reporting forms and 
Public Law 105-391, Section 418 requires the collection of a reasonable 
fee for associated administrative and management costs. The CUA 
application and reporting forms gather the minimum key information 
necessary for NPS to determine the capability, resources, and fitness 
of the applicant to provide the service. It also gathers the minimum 
amount of information needed to ensure the activity does not have more 
than a minimal impact on park resources and values. In response to this 
feedback, NPS completed a burden assessment to determine standard 
administrative and management fees for road-based commercial tour CUAs 
and will set the standard road-based commercial tour CUA application 
fee to allow for legislatively required cost recovery. Again, this 
process is only about the forms, not commercial tour fees.

3. Financial Burden Due to CUA Permit Fee or Entry Fee

    Comments from destination marketing organizations suggested that 
the new CUA requirements would impose increased financial burdens on 
local businesses.
    NPS Response: Public Law 105-391, Section 418 requires the 
collection of a reasonable fee for administrative and management costs 
associated with issuing and managing commercial use authorizations 
(CUAs).
    Entrance fees are managed by another NPS program and are separate 
from the issues related to commercial tour CUA fees and requirements. 
Only comments related to the CUA application and reporting forms will 
be recorded as a part of the record for this collection.

4. Concern Regarding Sharing Financial Earning Information With NPS

    Comments received from commercial tour operators suggested that 
reporting on annual financial earnings posed an undue burden on CUA 
applicants.
    NPS Response: The CUA annual report collects service activity 
(visitors served), gross annual revenues, and injury information. The 
required financial information is very simple and there are no 
requirements for audited financial statements, advanced recordkeeping, 
or retention of records beyond what the IRS requires. The required 
financial information allows the NPS to determine that a CUA holder is 
not exceeding the legislatively mandated financial limits for in-park 
operations (gross receipts not to exceed $25,000). The NPS maintains 
this operational information and, with the exception of the visitor use 
statistics, will release other information only as request by law. NPS 
will not routinely disseminate financial information about individual 
CUA holders. NPS does report information collectively at the park, 
regional, or national level (e.g., number of CUA's, reported revenue, 
fees retained by NPS, etc.).

5. Negative Impact on Group Visits Due to Proposed Fees Associated With 
the Collection

    Comments received from commercial tour operators suggested that an 
increased fee associated with the CUA would substantially reduce the 
number of visitors accessing parks through third party tour services.
    NPS Response: Public Law 105-391, Section 418 requires the 
collection of a reasonable fee for administrative and management costs 
associated with issuing and managing commercial use authorizations. The 
information required by the forms does not affect the ability of anyone 
to come to a park. These forms implement the administrative process of 
allowing and managing commercial uses in units of the National Park 
System.

6. Ambiguous or Opaque Rules, Procedures, or Deadlines

    Comments received from commercial service providers the suggested 
reporting burden of the CUA was prohibitive in the level of detail 
requested to process applications.
    NPS Response: The legislative mandate of the National Park Service 
(NPS), found in 54 U.S.C. 100101(a), is to preserve America's natural 
wonders unimpaired for future generations, while also making them 
available for the enjoyment of visitors. Meeting this mandate requires 
the NPS to balance preservation with use. Maintaining a good balance 
requires CUA management at the unit-level. Unit managers must evaluate 
commercial uses to determine the impact on the resources and the 
appropriateness of the activity to ensure the impact does not exceed 
the legislatively allowed minimum impact. Units vary in staffing levels 
and seasonality so CUA application seasons vary. Some units have firm 
deadlines and some do not, though CUA applicants may always contact a 
unit directly to determine if it will accept late applications. Units 
post application acceptance dates on websites well in advance.
    During the past four and a half years, NPS has provided online 
trainings, frequently updates Q&As, and has participated in numerous 
meetings with the road-based commercial tour industry. The NPS believes 
it has been transparent and continues to engage so the industry is 
prepared for CUA requirements and fees.

7. Impractical Information Requested on Form, Specifically Mentioned 
Insurance Documentation Requirements

    Comments received from road-based commercial tour industry 
expressed difficulty in furnishing Commercial Vehicle Insurance 
maintained by chartered motor coaches external to the tour operator.
    NPS Response: Public Law 105-391, Section 418 requires the NPS to 
limit the liability of the United States arising from activities under 
CUA's. NPS implements this requirement, in part, by requiring all 
commercial operators conducting business in a unit of the

[[Page 65414]]

National Park System to carry and maintain the appropriate categories 
of insurance and minimum amounts of coverage. CUA holders must have 
commercial general liability as well as other coverages specific to the 
commercial operation, including commercial automobile insurance. NPS 
has determined the minimum general commercial liability policy limit is 
$500,000 per occurrence. Higher risk operations have increased minimums 
ultimately determined by the unit manager. Minimum commercial 
automobile liability policy limits are determined by state requirements 
for intrastate operations and the Federal Motor Carrier Safety Act.
    We are again soliciting comments on the proposed ICR described 
below. We are especially interested in public comment addressing the 
following issues: (1) Is the collection necessary to the proper 
functions of the NPS; (2) will this information be processed and used 
in a timely manner; (3) is the estimate of burden accurate; (4) how 
might the NPS enhance the quality, utility, and clarity of the 
information to be collected; and (5) how might the NPS minimize the 
burden of this collection on the respondents, including through the use 
of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Abstract: The purpose of the forms in this information collection 
is to assist the NPS in managing the Commercial Use Authorization 
Program. Section 418, Public Law 105-391 (54 U.S.C. 101925) specifies 
that the Secretary of the Interior has the authority to approve a 
private person, corporation, or other entity to provide services to 
visitors in units of the National Park System through a commercial use 
authorization (CUA). The information collected will allow the NPS to 
evaluate requests for a CUA and determine the suitability of the 
applicants to provide safe, effective, and appropriate services to the 
visiting public.
    This renewal includes a request to collect information using a new 
form, 10-550s, ``Commercial Use Authorization--Short Term.'' This form 
proposes to streamline the application process for companies who wish 
to operate for seven days or less within a park. The form will be used 
for one-time events, such as vendors during farmer's markets. The 
proposed form will collect the minimum amount of information necessary 
to grant short-term authorizations and is significantly shorter than 
the 10-550 application form.
    We made adjustments in hour and cost burden estimates because the 
number of received CUA applications fluctuates on a yearly basis. Over 
the last three years the NPS has seen annual decrease of approximately 
100 CUA applicants.
    Based on public comments received, the NPS is requesting to add 
Form 10-550s, ``Commercial Use Application--Short-Term' to this 
collection. This form proposes to streamline the application process 
for short-term CUAs applicants requesting one-time events or for 
operations lasting seven days or less. The proposed 10-550s, will 
collect the information necessary to meet legislative requirements 
allowing NPS to manage services provided by CUAs, while reducing the 
application burden on CUA applicants.
    Based on our experiences with annual and monthly reports, we have 
revised the number of responses that resulted in a change in the burden 
hours
     Form 10-550--In 2016, NPS estimated the number of CUA 
applicants at 5,900. Based on the number of applications received 
between 2016 and 2019, NPS now assumes it will receive approximately 
5,880 CUA applications (Form 10-550) annually. The net decrease of 100 
responses results in the net decrease of 250 burden hours.
     Form 10-550s--This is a new form that will cause a net 
increase of 120 responses and 180 burden hours.
     Form 10-660--Annual Report--Based upon the revised 
estimated number of Form 10-550, we expect to receive 5,900 reports 
which will cause a net decrease of 100 respondents submitting annual 
reports causing a net increase decrease of 125 hours.
     Form 10-660A--Monthly Report--In 2016, NPS estimated it 
would receive Form 10-660A from 5,900 CUA holders 9 months out of the 
year, equating to 53,1000 total responses and 39,825 burden hours. This 
overestimated because NPS assumed all CUA holders would submit Form 10-
660A. Currently, approximately 10% of CUA holders are required by NPS 
units to submit Form 10-660. The reduction of 920 responses resulted in 
a net decrease of 625 hours.
    We are requesting approval to use the following NPS forms: 10-550, 
``Commercial Use Authorization Application,'' 10-660, ``Commercial Use 
Authorization Annual Report,'' and 10-660A, ``Commercial Use 
Authorization Monthly Report.'' to:
     Manage the program and operations.
     Determine the qualifications and abilities of the 
commercial operators to provide a high quality, safe, and enjoyable 
experience for park visitors.
     Determine the impact on the park's natural and cultural 
resources.
     Manage the use and impact of multiple operators.
    Regulations resulting in information collection required for a CUA 
include:
     36 CFR 1.6--Permits;
     36 CFR 2--Resource Protection, Public Use and Recreation;
     36 CFR 5--Commercial and Private Operations;
     36 CFR 7--Special Regulations;
     36 CFR 13--National Park System Units in Alaska.
    Title of Collection: Commercial Use Authorizations.
    OMB Control Number: 1024-0268.
    Form Number: 10-550, ``Commercial Use Authorization;'' 10-550s 
``Commercial Use Authorization--Short Term;'' 10-660, ``Commercial Use 
Authorization Annual Report;'' and 10-660A, ``Commercial Use 
Authorization Monthly Report.''
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Individuals or small businesses that 
wish to provide commercial services to visitors in areas of the 
National Park System.
    Respondent's Obligation: Required to Obtain or Retain a Benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: $1,480,000 ($250 x 
6,000 Forms 10-550, ``Commercial Use Authorization Application'' per 
year).

[[Page 65415]]



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                                                Number of
                  Activity                       annual          Completion time per response      Total annual
                                                responses                                              hours
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Form 10-550--Application...................           5,880  2.5 hours..........................          14,700
Form 10-550s--Application Short-Term.......             120  1.5 hours..........................             180
Form 10-660--Annual Report (incl.                     5,800  1.25 hours.........................           7,250
 recordkeeping).
Form 10-660A--Monthly Report (incl.                  52,200  45 minutes.........................          39,150
 recordkeeping).
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    Totals.................................          63,920  ...................................          61,080
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    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The authority for this action is 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Phadrea Ponds,
Acting NPS Information Collection Clearance Officer, National Park 
Service.
[FR Doc. 2019-25782 Filed 11-26-19; 8:45 am]
 BILLING CODE 4312-52-P