Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices 43005

the Bureau of Land Management at the

address identified above, where the

requirements for filing an appeal may be

obtained. Parties who do not file an

appeal in accordance with the

requirements of 43 CFR part 4, subpart

E, shall be deemed to have waived their

rights.

Patricia A. Baker,

Land Law Examiner, ANCSA Team, Branch

of 962 Adjudication.

[FR Doc. 97–21099 Filed 8–8–97; 8:45 am]

BILLING CODE 4310–$$–P

DEPARTMENT OF THE INTERIOR

National Park Service

Notice of Request for Information

Collection

AGENCY: National Park Service, Interior.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995, this

notice announces the National Park

Service’s intention to request approval

for information collection in support of

its Concession Management Program.

DATES: Comments on this notice must be

received by September 10, 1997.

ADDITIONAL INFORMATION OR COMMENTS:

Contact Laurie Shaffer, Concessions

Program Center, National Park Service,

12795 West Alameda Parkway, Denver,

CO 80225–0287 or 303–987–6911.

SUPPLEMENTARY INFORMATION:

Title: Comparable Rates Database

Survey for River Operations, Livery

Operations and Mountaineering

Operations.

Type of Request: Approval for

information collection.

Abstract: The National Park Service

(NPS) authorizes private businesses

known as concessioners to provide

necessary and appropriate visitor

facilities and services in areas of the

National Park System. 16 U.S.C. 20

Section 3  requires that ‘‘The

reasonableness of concessioner’s rates

and charges to the public shall unless

otherwise provided in the contract, by

judged primarily be comparison with

those current for facilities and services

of comparable character under similar

conditions, with due consideration for

length of season, provision for

peakloads, average percentage of

occupancy, accessibility, availability

and cost of labor and materials, type of

patronage, and other factors deemed

significant by the Secretary.’’

This information collection is a

survey that requests operators within

and outside of the National Park Areas

provide information on their operations

and the rates that they charge. This

information will be used to establish a

comparable database that can be utilized

by park personnel in establishing rates

in their park areas. The collection of this

information is required by law and has

been performed on a park by park basis.

This collection is an effort to streamline

that collection and provide a resource to

park managers in the fulfillment of that

requirement.

Estimate of Burden: Approximately 1

hour per response.

Estimated Number of Respondents:

Approximately 1500.

Estimated Number of Responses per

Respondent: One.

Estimated Total Annual Burden on

Respondents: 1500 hours.

Copies of the survey forms are

available upon request. Send comments

regarding the accuracy of the burden

estimate, way to minimize the burden,

including the use of automated

collection techniques or other forms of

information technology or any other

aspect of this collection of information

to Laurie Shaffer, Concessions Program

Center, National Park Service, 12795

West Alameda Parkway, Denver, CO

80225–0287 or 303–987–6911.

All responses to this notice will be

summarized and included in the request

for OMB approval.

All comments will also become a

matter of public record.

Dated: July 23, 1997.

Robert K. Yearout,

Concession Program Manager.

[FR Doc. 97–21133 Filed 8–8–97; 8:45 am]

BILLING CODE 4310–70–M

DEPARTMENT OF THE INTERIOR

National Park Service

Public Notice

AGENCY: National Park Service, Interior.

ACTION: Public Notice.

SUMMARY: Public notice is hereby given

that the National Park Service proposes

to award a concession contract

authorizing ferry services for the public

at Fire Island National Seashore for a

period of ten (10) years from date of

contract execution.

EFFECTIVE DATE: October 10, 1997.

ADDRESSES: Interested parties should

contact National Park Service, Fire

Island National Seashore, 120 Laurel

Street, Patchogue, New York 11772 to

obtain a copy of the prospectus

describing the requirements of the

proposed contract.

SUPPLEMENTARY INFORMATION: This

contract has been determined to be

categorically excluded from the

procedural provisions of the National

Environmental Policy Act and no

environmental document will be

prepared.

The existing concessioner has

performed its obligations to the

satisfaction of the Secretary under an

existing contract which expired by

limitation of time on December 31,

1996, and therefore pursuant to the

provisions of Section 5 of the Act of

October 9, 1965 (79 Stat. 969; 16 U.S.C.

§ 20), is entitled to be given preference

in the renewal of the contract and in the

negotiation of a new contract, providing

that the existing concessioner submits a

responsive offer (a timely offer which

meets the terms and conditions of the

Prospectus). This means that the

contract will be awarded to the party

submitting the best offer, provided that

if the best offer was not submitted by

the existing concessioner, then the

existing concessioner will be afforded

the opportunity to match the best offer.

If the existing concessioner agrees to

match the best offer, then the contract

will be awarded to the existing

concessioner.

If the existing concessioner does not

submit a responsive offer, the right of

preference in renewal shall be

considered to have been waived, and

the contract will then be awarded to the

party that has submitted the best

responsive offer.

The Secretary will consider and

evaluate all proposals received as a

result of this notice. Any proposal,

including that of the existing

concessioner, must be received by the

Senior Concessions Program Manager,

Concession Management Division, not

later than the sixtieth (60th) day

following publication of this notice to

be considered and evaluated.

Dated: July 10, 1997.

Chrysandra L. Walter,

Acting Field Director, Northeast Field Area.

[FR Doc. 97–21134 Filed 8–8–97; 8:45 am]

BILLING CODE 4310–70–M

DEPARTMENT OF THE INTERIOR

National Park Service

Public Notice

AGENCY: National Park Service, Interior.

ACTION: Public Notice.

SUMMARY: Public notice is hereby given

that the National Park Service proposes

to award a concession contract

authorizing marina facilities and

services for the public at Staten Island
43006 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices

Unit, Gateway National Recreation Area,

New York, for a period of ten (10) years.

EFFECTIVE DATE: October 10, 1997.

ADDRESSES: Interested parties should

contact National Park Service, Senior

Concession Program Manager,

Concession Management Program, New

England System Support Office, 15 State

Street, Boston, MA 02109–3572, to

obtain a copy of the prospectus

describing the requirements of the

proposed contract.

SUPPLEMENTARY INFORMATION: This

contract has been determined to be

categorically excluded from the

procedural provisions of the National

Environmental Policy Act and no

environmental document will be

prepared.

The existing concessioner has

performed its obligations to the

satisfaction of the Secretary under an

existing contract which expired by

limitation of time, and therefore

pursuant to the provisions of Section 5

of the Act of October 9, 1965 (79 Stat.

969; 16 U.S.C. § 20), is entitled to be

given preference in the renewal of the

contract and in the negotiation of a new

contract, providing that the existing

concessioner submits a responsive offer

(a timely offer which meets the terms

and conditions of the Prospectus). This

means that the contract will be awarded

to the party submitting the best offer,

provided that if the best offer was not

submitted by the existing concessioner,

then the existing concessioner will be

afforded the opportunity to match the

best offer. If the existing concessioner

agrees to match the best offer, then the

contract will be awarded to the existing

concessioner.

If the existing concessioner does not

submit a responsive offer, the right of

preference in renewal shall be

considered to have been waived, and

the contract will then be awarded to the

party that has submitted the best

responsive offer.

The Secretary will consider and

evaluate all proposals received as a

result of this notice. Any proposal,

including that of the existing

concessioner, must be received by the

Senior Concession Program Manager,

Concession Management Program, not

later than the sixtieth (60th) day

following publication of this notice to

be considered and evaluated.

Dated: July 28, 1997.

Chrysandra L. Walter,

Acting Field Director, Northeast Field Area.

[FR Doc. 97–21128 Filed 8–8–97; 8:45 am]

BILLING CODE 4310–70–M

DEPARTMENT OF THE INTERIOR

National Park Service

Response to Public Comments on

NPS–48

AGENCY: National Park Service, Interior.

ACTION: Response to public comments

on NPS–48.

SUMMARY: On February 20, 1997, the

National Park Service (NPS) published

for additional public comment its staff

manual (NPS–48) dealing with the

administration of concession contracts

and permits. On March 27, 1997, NPS

extended the due date for receipt of

comments through April 8, 1997. On

May 29, 1997, NPS requested public

comment on certain proposed

amendments and clarifications to NPS–

48. This notice responds to the

comments received in response to these

notices and, after due consideration of

public comment, makes certain

amendments and clarifications to NPS–

48.

EFFECTIVE DATE: September 10, 1997,

except as otherwise noted.

FOR FURTHER INFORMATION CONTACT:

Robert Yearout, Program Manager,

Concessions Program, National Park

Service, P.O. Box 37127, Washington,

D.C. 20013–7127.

SUPPLEMENTARY INFORMATION: NPS–48

was developed by NPS during the

1980’s as an agency staff manual for the

management of NPS concession contract

matters. As such, notice of it generally

was not initially published in the

Federal Register. (Certain portions of

NPS–48 as a matter of policy were

adopted by NPS after a notice and

comment period.) Inasmuch as NPS is

considering making major changes to

NPS–48 and its legal status has been a

subject of two recent federal court

decisions, NPS determined to solicit

and consider additional public

comments on it. However, NPS notes

that NPS–48 is an agency staff manual

and as such is not required to be

published in the Federal Register

pursuant to 5 U.S.C. § 552 nor

promulgated as a rule after public notice

and comment pursuant to 5 U.S.C.

§ 553. In addition, NPS notes that the

rulemaking requirements of 5 U.S.C.

§ 553, even if otherwise applicable to an

agency staff manual such as NPS–48, are

expressly not applicable to matters

relating to agency management or

personnel or to public property, loans,

grants, benefits or contracts. NPS–48, as

a matter concerning the administration

of public property and contracts, falls

within this exemption to the extent it

may be considered a rule or regulation

within the meaning of 5 U.S.C. § 553.

NPS received nine comments on

NPS–48 in response to the February 20,

1997, request for comments and two

comments in response to the May 29,

1997, request for comments. With

respect to the first category, seven of the

nine comments were submitted by

existing NPS concessioners, one was

submitted by an organization

representing NPS concessioners, and

one was submitted by a certified public

accounting firm on behalf of a

concessioner. No comments from the

general public were received. With

respect to the second category,

comments were received only from the

organization representing concessioners

and an attorney representing a

concessioner.

Several of the comments received

from these notices concerned matters

which were not within the scope of the

requests for comments. These comments

are not discussed in this notice.

Analysis of Comments in Response to

the February 20, 1997, Public Notice

1. Conformance With Revised

Regulations

One commenter 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 deletes the old regulations and

incorporates 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. Private Enterprise Outside of Park

Policy

One commenter expressed concern

that NPS and others could interpret too

narrowly its policy of not developing

concession facilities within the park if

adequate facilities exist ‘‘or can feasibly

be developed by private enterprise’’

outside park boundaries. NPS considers

that NPS–48 provides adequate

guidance in this regard.

3. Concessioner Participation in

Planning

One commenter felt that concessioner

input into NPS planning efforts should

be expanded. Present procedures limit

concessioner input to ‘‘assistance in

basic data collection and review as a

member of the public.’’ This commenter

suggests that concessioners should be