1024-0029 60-Day FRN Published 11102015

1024-0029 Revision 60-day 80217 2015-28546 Published 11102015.pdf

National Park Service Concessions, 36 CFR 51

1024-0029 60-Day FRN Published 11102015

OMB: 1024-0029

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Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices
to military training operations at the
Marana Airport.
The BLM requires mitigation
measures and conservation actions to
achieve land use plan goals and
objectives. The sequence of mitigation
action would be the mitigation
hierarchy (avoid, minimize, rectify,
reduce or eliminate over time, or
compensate) identified by the CEQ (40
CFR 1508.20), BLM’s Draft Regional
Mitigation Manual, section 1794, and as
described in the Final EIS. Certain
alternatives, if selected, may require
compensatory mitigation for those
implementation-level activities that
result in impacts the agencies cannot
adequately avoid, minimize, rectify,
reduce, or eliminate over time (i.e.,
residual impacts).
The BLM, Western, Southline, and
cooperating agencies worked together to
develop routes that would conform to
existing Federal land use plans. No plan
amendments are required for the
Upgrade portion of the proposed Project
in Arizona or the Agency Preferred
Alternative for the New Build Section in
New Mexico, as described in the Final
EIS.
The BLM and Western have utilized
the NEPA comment period to assist the
agencies in satisfying the public
involvement requirements under
Section 106 of the National Historic
Preservation Act (16 U.S.C. 470(f)), as
provided for in 36 CFR 800.2(d)(3). The
agencies have also consulted with
Indian tribes on a government-togovernment basis in accordance with
Executive Order 13175 and other
policies. Ongoing Native American
tribal consultations will continue to be
conducted in accordance with law and
policy, and tribal concerns, including
impacts on Indian trust assets, will be
given due consideration. The BLM has
also completed, with Western input,
formal consultation under Section 7 of
the Endangered Species Act with the
U.S. Fish and Wildlife Service.
Based on the environmental analysis
in this Final EIS, the BLM will decide
whether to authorize the Proponent
Preferred Action, Agency Preferred
Alternative, alternatives, or any
combination thereof on Public Lands.
The Administrator will decide whether
Western would use its borrowing
authority to partially finance and/or
hold partial ownership in the resulting
transmission facilities and capacity.
Western will consider the
environmental analysis as the Project
Development and Finance Phases are
completed, as outlined in the
Transmission Infrastructure Program
Federal Register Notice of Procedures
(79 FR 19065–19077, April 7, 2014)

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Comments on the Draft EIS received
from the public and internal agency
review were considered, and document
revisions were incorporated as
appropriate into the Final EIS. Public
comments resulted in the addition of
clarifying text, but did not result in
substantial changes to the proposed
Project or the impact analysis between
the Draft and Final EIS.
Authority: 40 CFR 1506.6, 40 CFR
1506.10, 43 CFR 1610.2.
Mark A. Gabriel,
Administrator, Western Area Power
Administration.
Aden Seidlitz,
Acting State Director, Bureau of Land
Management, New Mexico.
[FR Doc. 2015–28676 Filed 11–9–15; 8:45 am]
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BLM, on a variety of planning and
management issues associated with
public land management in New
Mexico. Planned agenda items include a
welcome by the Chair, and
presentations and discussions related to
the New Mexico Copper Project Draft
Environmental Impact Statement; the
Prehistoric Trackways National
Monument Record of Decision and
planning process; lands with wilderness
characteristics; Restore New Mexico;
and grazing permit renewals. A halfhour public comment period, during
which the public may address the RAC,
will begin at 11:30 a.m. All RAC
meetings are open to the public.
Depending on the number of
individuals wishing to comment and
time available, the time for individual
oral comments may be limited.

DEPARTMENT OF THE INTERIOR

Melanie Barnes,
Acting Deputy State Director, Lands and
Resources.

Bureau of Land Management

[FR Doc. 2015–28541 Filed 11–9–15; 8:45 am]

[LLNML00000 L12200000.DF0000
16XL1109AF]

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Notice of Public Meeting, Las Cruces
District Resource Advisory Council
Meeting, New Mexico

DEPARTMENT OF THE INTERIOR

Bureau of Land Management,
Interior.
ACTION: Notice of public meeting.

[NPS–WASO–BSD–COMM–19682;
PPWOBSADC0, PPMVSCS1Y.Y00000 (166)]

AGENCY:

In accordance with the
Federal Land Policy and Management
Act and the Federal Advisory
Committee Act, the Bureau of Land
Management’s (BLM), Las Cruces
District Resource Advisory Council
(RAC) will meet as indicated below.
DATES: The RAC will meet on December
8, 2015, at the BLM Las Cruces District
Office, 1800 Marquess Street, Las
Cruces, New Mexico from 8:30 a.m.–12
p.m. The public may send written
comments to the RAC at the BLM Las
Cruces District Office, 1800 Marquess
Street, Las Cruces, NM 88005.
FOR FURTHER INFORMATION CONTACT:
Deborah Stevens, BLM Las Cruces
District, 1800 Marquess Street, Las
Cruces, NM 88005, 575–525–4421.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8229 to contact the
above individual during normal
business hours. The FIRS is available 24
hours a day, 7 days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The 10member Las Cruces District RAC advises
the Secretary of the Interior, through the
SUMMARY:

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National Park Service

Proposed Information Collection;
National Park Service Concessions
National Park Service, Interior.
Notice; request for comments.

AGENCY:
ACTION:

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 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.
DATES: To ensure that we are able to
consider your comments on this IC, we
must receive them by January 11, 2016.
ADDRESSES: Send your comments on the
IC to Madonna L. Baucum, Information
Collection Clearance Officer, National
Park Service, 12201 Sunrise Valley
Drive, Room 2C114, Mail Stop 242,
Reston, VA 20192 (mail); or
[email protected] (email).
Please include ‘‘1024–0029’’ in the
SUMMARY:

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Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices

subject line of your comments. You can
view the currently approved collection
at www.reginfo.gov.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this IC, 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

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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. Following are the
information collection requirements
associated with soliciting, awarding,
and administering NPS concessions. We
collect the following information in
narrative and form format:

Appeals
Regulations at 36 CFR 51.47 state that
any person may appeal a determination
that a concessioner is not a preferred
offeror for the purposes of a right of
preference in renewal. The appeal must
specify the grounds for the appeal.
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.
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).
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
Proposals
concession contract; any rights to
The public solicitation process begins operate under or manage the
performance of a concession contract as
with the issuance of a prospectus to
a subconcessioner or otherwise; any
invite the general public to submit
controlling interest in a concessioner or
proposals for the contract. The
concession contract; or any leasehold
prospectus describes the terms and
conditions of the concession contract to surrender interest or possessory interest
obtained under a concession contract.
be awarded, the procedures to be
The amount and type of information to
followed in the selection of the best
proposal, and the information that must be submitted varies with the type and
be provided. Information that we collect complexity of the proposed transaction.
Information includes, but is not limited
includes, but is not limited to:
• Description of how respondent will to:
• Instruments proposed to implement
conduct operations to minimize
the transaction.
disturbance to wildlife; protect park
• Opinion of counsel that the
resources; and provide visitors with a
proposed transaction is lawful under all
high quality, safe, and enjoyable visitor
applicable Federal and State laws.
experience.
• Narrative description of the
• Organizational structure and history
and experience with similar operations. proposed transaction.
• Statement as to the existence and
• Details on violations or infractions
nature of any litigation relating to the
and how they were handled.
proposed transaction.
• Financial information and
• Description of the management
demonstration that the respondent has a
credible, proven track record of meeting qualifications, financial background,
and financing and operational plans of
obligations.
any proposed transferee.
Amendments
• Description of all financial aspects
of the proposed transaction.
Amendments to proposals may be
• Prospective financial statements
submitted in accordance with 36 CFR
(proformas).
51.15 and 51.32.

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• 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.
Annual Financial Statements
We currently use NPS 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 the fiscal year and the
concessioner’s activity over the
preceding year. We are proposing
revisions to the currently approved NPS
Form 10–356 and NPS Form 10–356A.
You can view the currently approved
forms at www.reginfo.gov. We have
made minor formatting adjustments to
all schedules. The other changes are
necessary to improve the clarity of the
forms and lessen the total time to
complete the forms. There are many
different contractual provisions in
concession contracts and the changes
may affect some concessioners more
than others. In addition, we will
simplify the submission process, which
will significantly reduce the time
required to complete and submit an
Annual Financial Report.
Revisions to NPS Form 10±356
• Modifying Schedules D–PI and D–
LSI and adding Schedule D–1. These
changes are necessary to accommodate
accounting rule changes in the Financial
Accounting Standards Board
Accounting Standards Codification
(ASC) Topic 853. Some concession
contracts have provisions for possessory
interest and leasehold surrender
interest, and ASC Topic 853 changes the
accounting treatment of these assets.
• Deleting Schedules N and O due to
the small number of concessioners that
must complete them. These schedules
will be included in a proposed new
form, NPS Form 10–356B (see below).
• Deleting Schedule L so that all
notes and supplemental text will be
captured on Schedule F.
• Replacing high-season and lowseason collection fields on Schedule M
with annual collection fields.
• Adding ‘‘other’’ data fields on many
schedules.

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Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Notices
Revisions to NPS Form 10±356A
• Revising indirect operating
expenses collection fields on Schedule
B to match the indirect operating
expenses collection fields on NPS Form
10–356 Schedule I.
• Replacing high-season and lowseason collection fields on Schedule M
with annual collection fields.
• Adding ‘‘other’’ data fields on many
schedules.
NPS Form 10±356B
We are proposing a new NPS Form
10–356B, which will include:
• Supplemental Schedules N and O
(currently on NPS Form 10–356)
• Supplemental Schedule R. This
new schedule is necessary to accurately
track utility add-ons for the small
number of concessioners that have an
approved rate add-on in their contract.
Concessioners choose how to account
for the approved rate add-on in their

annual financial report on NPS Forms
10–356 or 10–356A according to best
industry accounting practices. However,
the currently approved forms do not
include any schedules or collection
areas that show the amount of revenue
collected in excess of approved rates or
the cost of utilities provided by the
National Park Service to the
concessioner. This information is
necessary to ensure that visitors are only
charged the approved rate add-on
amount and to ensure that we have a
comprehensive view of the
concessioner’s financial situation as it
relates to the regulations at 36 CFR part
51.
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, 10–356B.
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.
Estimated Number of Respondents:
500.
Frequency of Collection: On occasion
for proposals, amendments, and
appeals; annually for financial reports;
and ongoing for recordkeeping.
Estimated Nonhour Cost Burden:
$425,000.
Completion
time per
response
(hours)

Number of
annual
responses

Activity

Total annual
burden hours *

Proposals—large concessions ....................................................................................................
Proposals—small concessions ....................................................................................................
Amendments ................................................................................................................................
Appeals ........................................................................................................................................
Request To Construct a Capital Improvement—large projects ..................................................
Request To Construct a Capital Improvement—small projects ..................................................
Construction Report—large projects ...........................................................................................
Construction Report—small projects ...........................................................................................
Application to Sell/Transfer Concession Operation .....................................................................
Annual Financial Report—NPS Form 10–356 ............................................................................
Annual Financial Report—NPS Form 10–356A ..........................................................................
Annual Financial Report—NPS Form 10–356B ..........................................................................
Recordkeeping—large concessions ............................................................................................
Recordkeeping—small concessions ............................................................................................

30
60
1
1
31
89
31
89
20
150
350
30
150
350

240
80
1
.5
16
8
56
24
80
15
4
2
800
50

7,200
4,800
1
1
496
712
1,736
2,136
1,600
2,250
1,400
60
120,000
17,500

Totals ....................................................................................................................................

1,382

........................

159,892

* rounded

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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

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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: November 4, 2015.
Madonna L. Baucum,
Information Collection Clearance Officer,
National Park Service.
[FR Doc. 2015–28546 Filed 11–9–15; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Pistoia Alliance, Inc.
Notice is hereby given that, on
October 9, 2015, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
Pistoia Alliance, Inc. has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.

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