Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 3729 

regulation shall be subject to the same 

confidentiality requirements as reports 

filed under 31 U.S.C. 5318(g). 

(f) Prohibition on offshoring

compliance operations. Participant 

financial institutions are prohibited 

from establishing or maintaining any 

operation located outside of the United 

States the primary purpose of which is 

to ensure compliance with the Bank 

Secrecy Act as a result of the 

information sharing granted by this pilot 

program. 

(g) Duration of the pilot program. This

pilot program shall terminate on January 

1, 2024. The Secretary may extend the 

pilot program for not more than two 

years upon appropriate notification to 

Congress pursuant to 31 U.S.C. 

5318(g)(8)(B)(iii). 

(h) Prohibition on disclosure. Except

to the extent authorized pursuant to the 

pilot program or in existing regulations 

or guidance, no participant financial 

institution, director, officer, employee, 

or agent of or for a participant financial 

institution, and no foreign affiliate of a 

participant financial institution shall 

disclose to any person any SAR or 

related information shared pursuant to 

the pilot program. 

(i) SAR disclosures by a foreign

affiliate. Civil money penalties and 

criminal sanctions may be imposed on 

any foreign affiliate under 31 U.S.C. 

5321 and 31 U.S.C. 5322 for any 

violation of the preceding paragraph (h) 

of this section, without regard to 

whether the unauthorized disclosure 

occurs in the United States. Civil money 

penalties shall be assessed and collected 

in the manner provided in 31 U.S.C. 

5321(b) and (d). 

By the Department of the Treasury. 

Himamauli Das, 

Acting Director, Financial Crimes 

Enforcement Network. 

[FR Doc. 2022–01331 Filed 1–24–22; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 52 

[NPS–WASO–32954; PPWOBSADC0; 

PPMVSCS1Y.Y00000] 

RIN 1024–AE47 

Visitor Experience Improvements 

Authority Contracts 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement the Visitor Experience 

Improvements Authority given to the 

National Park Service by Congress in 

Title VII of the National Park Service 

Centennial Act. This authority allows 

the National Park Service to award and 

administer commercial services 

contracts and related professional 

services contracts for the operation and 

expansion of commercial visitor 

facilities and visitor services programs 

in units of the National Park System. 

DATES: Comments must be received by 

March 28, 2022. 

Information Collection Requirements: 

If you wish to comment on the 

information collection requirements in 

this proposed rule, please note that the 

Office of Management and Budget 

(OMB) is required to make a decision 

concerning the collection of information 

contained in this proposed rule between 

30 and 60 days after publication of this 

proposed rule in the Federal Register. 

Therefore, comments should be 

submitted to OMB by March 28, 2022. 

ADDRESSES: You may submit your 

comments, identified by Regulation 

Identifier Number (RIN) 1024–AE47, by 

any of the following methods: 

• Federal eRulemaking Portal:

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail to: Commercial Services

Program, National Park Service, 1849 C 

Street NW, Mail Stop 2410, Attn: VEIA 

Rule Comments, Washington, DC 20240. 

Instructions: All submissions received 

must include the words ‘‘National Park 

Service’’ or ‘‘NPS’’ and the RIN (1024– 

AE47) for this rulemaking. Comments 

received may be posted without change 

to https://www.regulations.gov, 

including any personal information 

provided. The NPS will not accept bulk 

comments in any format (hard copy or 

electronic) submitted on behalf of 

others. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov. 

Information Collection Requirements: 

Written comments and suggestions on 

the information collection requirements 

should be submitted by the date 

specified above in DATES to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. Please 

provide a copy of your comments to the 

NPS Information Collection Clearance 

Officer (ADIR–ICCO), 12201 Sunrise 

Valley Drive, Reston, VA 20191 (mail); 

or phadrea_ponds@nps.gov (email). 

Please include ‘‘1024–AE47’’ in the 

subject line of your comments. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Rausch, Acting Chief of Commercial 

Services Program, National Park 

Service; (202) 513–7202; kurt_rausch@

nps.gov. Questions regarding the NPS’s 

information collection request may be 

submitted to the NPS Information 

Collection Clearance Officer (ADIR– 

ICCO), 12201 Sunrise Valley Drive, 

Reston, VA 20191 (mail); or phadrea_

ponds@nps.gov (email). Please include 

‘‘1024–AE47’’ in the subject line of your 

email request. 

SUPPLEMENTARY INFORMATION: 

Background 

NPS Authorities To Contract for 

Commercial Visitor Services 

The National Park Service (NPS) 

enters into concession contracts with 

other entities to provide commercial 

visitor services in over 100 units of the 

National Park System. Examples of such 

services include lodging, food, retail, 

marinas, transportation, and recreation. 

NPS concession contracts generate 

approximately $1.6 billion per year in 

gross receipts, while returning 

approximately $133 million in franchise 

fees to the NPS. What was commonly 

known as the National Park Service 

Concession Policies Act of 1965 (1965 

Act), Public Law 89–249, provided the 

first comprehensive statutory authority 

for the NPS to issue concession 

contracts. Since the repeal of the 1965 

Act, concession contracts have been 

awarded under the Concessions 

Management Improvement Act of 1998 

(1998 Act), 54 U.S.C. 101901–101926. 

NPS regulations in 36 CFR part 51 

govern the solicitation and award of 

concession contracts issued under the 

1998 Act and the administration of 

concession contracts issued under the 

1965 and 1998 Acts. 

The National Park Service Centennial 

Act (Centennial Act), 54 U.S.C. 101931– 

101938, established the Visitor 

Experience Improvements Authority 

(VEIA) allowing the NPS to solicit, 

award, and administer commercial 

services contracts for the improvement, 

modernization, and expansion of 

commercial visitor facilities and visitor 

services programs in units of the 

National Park System. The VEIA 

supplements but does not replace the 

existing authority granted to the NPS in 

the 1998 Act to enter into concession 

contracts or any other existing NPS 

authorities to provide commercial 

visitor services in units of the National 

Park System. The VEIA is also separate 

from authorities granted under the 

Office of Federal Procurement Policy 

Act and Federal Acquisition 

Regulations. 


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3730 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 

Differences Between VEIA and 

Concessions 

The VEIA is intended to provide 

additional tools to expand, modernize, 

and improve the condition of 

commercial facilities and visitor 

services using contracting models that 

differ from and are in addition to the 

concession contracts used under the 

1998 Act. These models include 

management agreements and percentage 

lease agreements (hereinafter referred to 

as percentage agreements) found in the 

private hospitality industry, as well as 

other contract models that are consistent 

with the VEIA. These models may be 

used to provide a variety of commercial 

visitor services such as lodging, food, 

retail, marinas, transportation, camping 

and recreation. The use of industrystandard models may allow and 

encourage additional companies to bid 

on new hospitality business 

opportunities in parks. The VEIA also 

provides flexibility in the solicitation 

process. For example, the 1998 Act 

requires the NPS to consider specific 

evaluation factors, while the VEIA does 

not dictate such criteria. This flexibility 

may allow businesses to more 

effectively respond to and be evaluated 

on how they will meet visitor needs for 

the services being offered. The 

flexibility of the VEIA also provides the 

potential to streamline the solicitation 

process to reduce the burden on 

businesses submitting proposals, 

including the ability to negotiate on the 

terms of the contract and greater ability 

to modify or adjust operations under 

existing contracts to reflect changes at 

the park or different visitor expectations 

during the contract term. Finally, there 

are differences in the revenue 

management and fee structure for 

contract models that may be used under 

the VEIA. Under a management 

agreement, the NPS would pay the 

operator a base fee plus an incentive fee. 

The incentive fee would be paid when 

the operator meets facility maintenance, 

operating, and visitor service goals. All 

other revenue would go to the NPS to 

directly fund operations and 

improvements. Any increased financial 

return to the NPS would be used to fund 

updates to real and personal property 

and provide commercial visitor services. 

Under a percentage agreement, the 

operator would retain the revenue and 

pay a fee to the NPS. This would be 

similar to the concession contract 

model, although the fee structure under 

a percentage agreement would include 

payment of a base fee plus a percentage 

of revenue. 

In addition to commercial services 

contracts, the VEIA authorizes the NPS 

to enter into professional services 

contracts related to those commercial 

services contracts. These may include 

consulting contracts with hospitality 

and asset management experts for 

services such as developing requests for 

proposals, condition assessments, and 

operational and financial analysis. 

Implementation of the VEIA 

The Centennial Act requires the NPS 

to promulgate regulations appropriate 

for implementation of the VEIA. 54 

U.S.C. 101936. The Centennial Act also 

states that the VEIA expires seven years 

after the enactment of the law. 54 U.S.C. 

101938. The NPS has consulted with 

hospitality industry experts, including 

academic leaders, hospitality asset 

management companies, hotel owners 

and operators, and state agencies to 

assess current visitor service contract 

models and best practices in the 

hospitality industry. The NPS engaged a 

nationally recognized hospitality 

management consulting and asset 

management firm to assist the NPS with 

developing contracts, requests for 

qualifications and proposals, and 

solicitation, contract management, and 

accounting practices. 

The NPS learned that hospitality and 

other industry-standard practices for 

commercial services contracts, like 

those authorized in VEIA, typically 

include the use of a private bank 

account to hold the owner’s funds for 

expenditure by the operator. To be 

consistent with applicable fiscal law, 

however, the NPS will not deposit 

Federal funds into a private bank 

account when implementing VEIA. The 

proposed rule contains alternative 

funding guidelines to mimic the benefits 

afforded the industry-standard 

commercial services contracts as VEIA 

intended, while still complying with 

applicable fiscal law. 

The NPS has evaluated certain visitor 

services currently provided under 

concession contracts that may be 

suitable for VEIA commercial services 

contracts. 

The NPS will provide information 

about the VEIA on the website for the 

NPS Commercial Services Program at 

https://www.nps.gov/orgs/csp/ 

index.htm. 

Proposed Rule 

The proposed rule includes 

requirements and limitations applicable 

to the VEIA that are directed by the 

Centennial Act. These requirements and 

limitations would be promulgated in a 

new part 52 of title 36 CFR. They are 

explained below. 

The NPS may only issue a commercial 

services contract under the VEIA if the 

Secretary of the Interior, in this 

proposed rule acting through the NPS, 

determines that the contract will 

expand, modernize, and improve the 

condition of commercial visitor 

facilities and the services provided to 

visitors. Commercial services contracts 

issued by the NPS under the VEIA must 

meet two additional criteria. First, the 

contract must be necessary and 

appropriate for public use and 

enjoyment of the National Park System 

unit where it is located. Second, the 

contract must be consistent with the 

preservation and conservation of the 

resources and values of the unit. These 

two criteria also must be met for 

concession contracts. 

The NPS may not award contracts 

under the VEIA for the provision of 

certain outfitter and guide services, or to 

authorize the provision of facilities or 

services for which the Secretary, in this 

proposed rule acting through the NPS, 

has granted an existing concessioner a 

preferential right of renewal under the 

1998 Act. The NPS may award contracts 

under the VEIA without regard to 

Federal laws and regulations governing 

procurement by Federal agencies, 

except for those laws and regulations 

related to Federal Government contracts 

that govern working conditions and 

wage rates and any civil rights 

provisions otherwise applicable thereto. 

The NPS must award VEIA 

commercial services contracts through a 

competitive selection process, and must 

publicly solicit proposals for each 

commercial services contract before 

awarding such contract. The NPS must 

prepare a request for proposals and 

publish notice of its availability. The 

NPS may not award a commercial 

services contract under the VEIA for a 

term greater than 10 years. The person 

or entity awarded a contract under the 

VEIA will not receive leasehold 

surrender interest in capital 

improvements (as those terms are 

defined by the 1998 Act at 54 U.S.C. 

101915) constructed under the terms of 

the contract. 

Other than these basic requirements, 

the VEIA authorized the NPS to design 

a flexible process for the solicitation and 

evaluation of proposals. The NPS plans 

to adjust this process for solicitation and 

evaluation of proposals to reflect 

hospitality and other industry practices, 

accounting for any necessary NPSspecific conditions. In addition to the 

statutory requirements governing the 

VEIA, the proposed rule includes 

defined terms and other provisions that 

will govern the administration of 

contracts under the VEIA. These 

provisions explain solicitation, 

selection, and award procedures, 


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including information about how the 

Director will publicly solicit proposals 

for a commercial services contract and 

how the Director will evaluate 

proposals. Other provisions govern the 

terms of the contracts themselves, 

including provisions related to 

termination, rate approval, assignments 

of contracts, and general funds 

management. The proposed rule also 

addresses access to information and 

records held by operators related to 

their performance under commercial 

services contracts and by contractors 

related to their performance under 

professional services contracts. 

Opportunity To Comment 

The NPS is interested in receiving 

comments from the public on both the 

proposed rule and the use of the VEIA. 

In particular, the NPS is interested in 

responses to the following questions: 

(1) Does the bid process outlined in 

the proposed rule provide sufficient 

flexibility to allow bidders to suggest 

new services not anticipated by the 

NPS? 

(2) Does the bid process outlined in 

the proposed rule provide sufficient 

opportunity to negotiate contract terms? 

(3) What other best practices in 

hospitality contract models or bid 

processes might the NPS adopt to 

achieve the goals of expanding, 

modernizing and improving visitor 

services and the condition of 

commercial facilities? 

(4) Where does the NPS need to 

expand, modernize and improve the 

condition of commercial facilities and 

visitor services? 

(5) How should the NPS use the VEIA 

to improve the visitor experience? 

Compliance With Other Laws, 

Executive Orders, and Department 

Policy 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563). 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget will review all 

significant rules. OIRA has determined 

that this proposed rule is not significant 

at the proposed rule stage and will make 

a separate significance determination at 

the final rule stage. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

Nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

Executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. Executive Order 13563 

emphasizes further that agencies must 

base regulations on the best available 

science and the rulemaking process 

must allow for public participation and 

an open exchange of ideas. The NPS has 

developed this proposed rule in a 

manner consistent with these 

requirements. 

Regulatory Flexibility Act (RFA) 

This proposed rule would not have a 

significant economic effect on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This certification is based on the costbenefit and initial regulatory flexibility 

analyses found in the report entitled 

‘‘Visitor Experience Improvements 

Authority (VEIA) Proposed Rule 

Regulatory Assessment (RA) and Initial 

Regulatory Flexibility Analysis (IRFA)’’ 

which can be viewed in the docket for 

this rulemaking. 

Congressional Review Act (CRA) 

This proposed rule is not a major rule 

under 5 U.S.C. 804(2), the CRA. This 

proposed rule: 

(a) Would not have an annual effect 

on the economy of $100 million or 

more; 

(b) Would not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and 

(c) Would not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

(UMRA) 

This proposed rule does not impose 

an unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

proposed rule does not have a 

significant or unique effect on State, 

local or tribal governments or the 

private sector. This proposed rule 

clarifies NPS procedures and does not 

impose requirements on other agencies 

or governments. A statement containing 

the information required by the UMRA 

(2 U.S.C. 1531 et seq.) is not required. 

Takings (Executive Order 12630) 

This proposed rule does not effect a 

taking of private property or otherwise 

have takings implications under 

Executive Order 12630. A takings 

implication assessment is not required. 

Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

Executive Order 13132, the proposed 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. A federalism summary 

impact statement is not required. 

Civil Justice Reform (Executive Order 

12988) 

This proposed rule complies with the 

requirements of Executive Order 12988. 

This proposed rule: 

(a) Meets the criteria of section 3(a) 

requiring agencies to review all 

regulations to eliminate errors and 

ambiguity and write them to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring agencies to write all 

regulations in clear language and 

contain clear legal standards. 

Consultation With Indian Tribes 

(Executive Order 13175 and Department 

Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. The 

NPS has evaluated this proposed rule 

under the Department’s consultation 

policy and under the criteria in 

Executive Order 13175, and has 

determined that it has no substantial 

direct effects on federally recognized 

Indian tribes and that consultation 

under the Department’s tribal 

consultation policy is not required. 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.) 

This proposed rule contains new 

information collections. All information 

collections require approval under the 

Paperwork Reduction Act (PRA) of 

1995. The NPS may not conduct or 

sponsor and you are not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. OMB must approve the 

new reporting and recordkeeping 

requirements identified below: 

(1) Solicitation of Proposals—The 

VEIA requires that the NPS solicit 

proposals for commercial services 

contracts through a competitive process. 

The NPS may also award and 

administer related professional services 

contracts. The solicitation process may 

include one or more phases such as a 

request for qualifications followed by or 


khammond on DSKJM1Z7X2PROD with PROPOSALS
3732 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Proposed Rules 

in concert with a request for more 

detailed information through a request 

for proposals. The process could also 

include interviews with respondents 

and a negotiation phase. The NPS will 

use the information collected to 

evaluate and select the best operator to 

provide the contracted services. 

Information submitted in response to a 

solicitation may include, as applicable 

to the specific project, types of 

information similar to the following: 

• Information concerning the 

respondent’s ability to comply with the 

commercial service contract terms and 

conditions; 

• Information that demonstrates that 

the respondent is a qualified entity; 

• Information that demonstrates the 

respondent’s experience and prior 

performance in operating similar 

facilities and providing similar services; 

• Information concerning the 

respondent’s financial capability; 

• Information concerning the 

respondent’s proposed approach and 

methodology to deliver the services 

specified; and 

• Information that the respondent 

provides in response to other factors 

identified in the request for proposals. 

(2) Reporting Requirements 

(A) Commercial Services Operators— 

In order to monitor their performance 

and make appropriate NPS management 

decisions, the NPS will require 

operators providing commercial services 

under a VEIA contract to provide 

information to the NPS through reports 

and plans such as the following: 

• Annual Plan that includes 

information summarizing prior year 

operating activities, capital projects and 

facility condition assessment, and 

financial performance, and outlining 

projected annual operating and capital 

budgets, projected annual operating 

plans, capital project plans and designs, 

and staffing and marketing plans; 

• Monthly Performance Reports that 

include monthly financial performance 

statements, capital project and operating 

performance information; and 

• Ad hoc Reports such as 

environmental or safety incidents 

reports. 

The above types of plans and reports 

to owners (e.g., NPS) are standard for 

those providing commercial services in 

the hospitality industry in the private 

and public sector. The NPS requires 

financial data be submitted in 

accordance with Generally Accepted 

Accounting Principles (GAAP); 

however, no standardized form or 

format is defined for any plans or 

reports at this time. The NPS expects 

this to evolve over the remaining years 

of the VEIA and may have forms and 

formats at a later time. The NPS will 

obtain OMB approval for any changes in 

reporting and/or recordkeeping 

requirements as they are developed. 

(B) Professional Services Providers— 

Professional services providers will be 

required to provide information to the 

NPS through deliverables, reports and 

plans such as the following: 

• Operators Annual Plan Review 

Report analyzing operator prior year 

performance and operational, capital 

project and financial plans for the 

upcoming year; 

• Monthly Asset Manager Reports 

analyzing operator operational, capital 

project and financial performance; and 

• Commercial Services Contract 

Solicitation Support Deliverables such 

as financial and business opportunity 

analysis reports, condition assessment 

reports, and draft Request for 

Qualifications/Request for Proposals 

documents for commercial services 

contracts. 

There is no standard format or form 

associated with these information 

requests. 

(3) Recordkeeping Requirements— 

Operators under commercial services 

contracts and contractors under 

professional services contracts must 

keep any records that the Director of the 

NPS may require for the term of the 

contract and for five calendar years after 

the termination or expiration of the 

contract to enable the Director to 

determine that all terms of the contract 

are or were faithfully performed. The 

Director, for the purpose of audit and 

examination, must have access to and 

the right to examine all pertinent 

records, books, documents, and papers 

of the operator, contractor, 

subcontractor, and any parent or 

affiliate of the operator or contractor 

(but with respect to parents and 

affiliates, only to the extent necessary to 

confirm the validity and performance of 

any representations or commitments 

made to the Director by a parent or 

affiliate of the operator or contractor). 

Title of Collection: Administration of 

Visitor Experience Improvements 

Authority, 54 U.S.C. 101936. 

OMB Control Number: 1024–New. 

Form Number: None. 

Type of Review: New. 

Respondents/Affected Public: 

Business entities desiring to enter VEIAauthorized contracts with the National 

Park Service. 

Total Estimated Number of Annual 

Respondents: 46 (Commercial Services 

Operators: 18; Professional Services 

Providers: 28). 

Total Estimated Number of Annual 

Responses: 100 (Commercial Services 

Operators: 50; Professional Services 

Providers: 50). 

Estimated Completion Time per 

Response: Average time (Varies from 24 

hours to 800 hours, depending on 

respondent and/or activity). 

Total Estimated Number of Annual 

Burden Hours: 7,016 hours. 

Respondent’s Obligation: Required to 

Obtain or Retain a Benefit. 

Frequency of Collection: On occasion. 

Total Estimated Annual Nonhour 

Burden Cost: $112,900 (for costs 

associated with solicitations, start-up 

costs, and recordkeeping requirements). 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, we invite the public and other 

Federal agencies to comment on any 

aspect of this information collection, 

including: 

(1) Whether or not the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether or not the 

information will have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) How the agency might minimize 

the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of response. 

Written comments and suggestions on 

the information collection requirements 

should be submitted by the date 

specified above in DATES to https://

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. Please 

provide a copy of your comments to the 

NPS Information Collection Clearance 

Officer (ADIR–ICCO), 12201 Sunrise 

Valley Drive, Reston, VA 20191 (mail); 

or phadrea_ponds@nps.gov (email). 

Please include ‘‘1024–AE47’’ in the 

subject line of your comments. 

National Environmental Policy Act 

(NEPA) 

This proposed rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. A detailed 

statement under NEPA is not required. 

The NPS has determined the proposed 

rule is categorically excluded under 43 

CFR 46.210(i) because it is 


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administrative, financial, legal, and 

technical in nature. In addition, the 

environmental effects of this proposed 

rule are too speculative to lend 

themselves to meaningful analysis. NPS 

decisions to enter into contracts under 

the VEIA will be subject to compliance 

with NEPA at the time the contracts are 

executed. The NPS has determined the 

proposed rule does not involve any of 

the extraordinary circumstances listed 

in 43 CFR 46.215 that would require 

further analysis under NEPA. 

Effects on the Energy Supply (Executive 

Order 13211) 

This proposed rule is not a significant 

energy action under the definition in 

Executive Order 13211; this proposed 

rule is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy, and this 

rule has not otherwise been designated 

by the Administrator of OIRA as a 

significant energy action. A Statement of 

Energy Effects is not required. 

Clarity of This Proposed Rule 

The NPS is required by Executive 

Orders 12866 (section 1(b)(12)) and 

12988 (section 3(b)(1)(B)) and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule the 

NPS publishes must: 

(a) Have logical organization; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Have short sections and sentences; 

and 

(e) Use lists and tables wherever 

possible. 

If you believe that the NPS has not 

met these requirements, send comments 

by one of the methods listed in the 

ADDRESSES section. To better help the 

NPS revise the proposed rule, your 

comments should specifically identify 

where the NPS could improve. For 

example, you should tell the NPS the 

numbers of the sections or paragraphs 

you find unclear, which sections or 

sentences are too long, the sections 

where you would find lists or tables 

useful, etc. 

List of Subjects in 36 CFR Part 52 

Commercial services, Government 

contracts, National parks, Visitor 

services. 

In consideration of the foregoing, the 

National Park Service proposes to add 

part 52 to title 36 of the Code of Federal 

Regulations to read as follows: 

PART 52—VISITOR EXPERIENCE 

IMPROVEMENTS AUTHORITY 

CONTRACTS 

Subpart A—Authority and Purpose 

Sec. 

52.1 What does this part cover? 

52.2 What is the purpose of a commercial 

services contract? 

52.3 How are terms defined in this part? 

52.4 What types of commercial services 

contracts may the Director issue? 

52.5 What types of professional services 

contracts may the Director issue? 

Subpart B—Solicitation, Selection, and 

Award Procedures 

52.10 How will the Director solicit 

responses for the award of a commercial 

services contract? 

52.11 Where will the Director publish 

notice of the availability of a request for 

proposals? 

52.12 How long will respondents have to 

submit a response? 

52.13 How will the Director share 

information with potential respondents 

after issuing the request for proposals? 

52.14 How will the Director evaluate 

responses and select the best one? 

52.15 When will the Director reject a 

response? 

52.16 What options does the Director have 

in accepting or rejecting a response? 

52.17 Does this part limit the authority of 

the Director? 

52.18 When must the selected respondent 

execute the contract? 

52.19 When may the Director award the 

commercial services contract? 

52.20 How will the Director solicit and 

award professional services contracts? 

Subpart C—Contract Provisions 

52.25 What is the term of a commercial 

services contract? 

52.26 When may the Director terminate a 

contract? 

52.27 May an operator or professional 

services provider receive leasehold 

surrender interest in capital 

improvements? 

52.28 Are operator rates subject to approval 

by the Director? 

52.29 May operators assign or encumber 

commercial services contracts? 

52.30 How may commercial services 

contracts be funded? 

Subpart D—Information and Access to 

Information 

52.35 What records must the operator and 

professional services provider keep and 

what access does the Director have to 

records? 

52.36 What access does the Comptroller 

General have to records kept by 

operators and professional services 

providers? 

Subpart E—Miscellaneous 

52.40 Does this part affect concession 

contracts under part 51 of this chapter? 

52.41 Does the VEIA expire? 

52.42 Severability. 

Authority: 54 U.S.C. 101931–101938. 

Subpart A—Authority and Purpose 

§ 52.1 What does this part cover? 

This part covers the solicitation, 

award, and administration of 

commercial services contracts and 

related professional services contracts. 

The Director solicits, awards, and 

administers these contracts on behalf of 

the Secretary of the Department of the 

Interior under the authority of the Act 

of August 25, 1916, as amended and 

supplemented, 54 U.S.C. 100101 et seq., 

and Title VII of the National Park 

Service Centennial Act, 54 U.S.C. 

101931–101938. All commercial 

services contracts and related 

professional services contracts must be 

consistent with the requirements of this 

part. These contracts will contain such 

terms and conditions as required by this 

part or law and as otherwise appropriate 

in furtherance of the purposes of this 

part and the Visitor Experience 

Improvements Authority (VEIA). 

§ 52.2 What is the purpose of a 

commercial services contract? 

The National Park Service (NPS) will 

use commercial services contracts to 

expand, modernize, and improve the 

condition of commercial facilities and 

commercial services provided to visitors 

in a park area. Commercial services 

contracts are limited to those that are 

necessary and appropriate for public use 

and enjoyment of the park area in which 

they are located and consistent with the 

preservation and conservation of the 

resources and values of the park area. 

§ 52.3 How are terms defined in this part? 

Award occurs when the Director and 

a selected respondent execute a 

commercial services contract or related 

professional services contract that 

creates legally binding obligations on 

the parties to the contract. 

Commercial services contract means a 

binding written agreement between the 

Director and an operator awarded under 

the authority of this part that authorizes 

the operator to provide services to 

visitors within a park area under 

specified terms and conditions. 

Contract means either a commercial 

services contract or a related 

professional services contract issued 

under the authority of this part. The 

Director may award contracts without 

regard to Federal laws and regulations 

governing procurement by Federal 

agencies, with the exception of laws and 

regulations related to Federal 

Government contracts governing 

working conditions and wage rates, 

including the Alaska National Interest 

Lands Conservation Act (16 U.S.C. 3101 

et seq.), 40 U.S.C. 3141–3144, 3146, and 


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3147 (commonly known as the ‘‘DavisBacon Act’’), and any civil rights 

provisions otherwise applicable thereto. 

Contracts as defined in this section are 

not contracts within the meaning of 41 

U.S.C. 601 et seq. (the Contract Disputes 

Act) and are not service or procurement 

contracts within the meaning of statutes, 

regulations, or policies that apply only 

to Federal service contracts or other 

types of Federal procurement actions. 

Director means the Director of the 

National Park Service (acting on behalf 

of the Secretary), or an authorized 

representative of the Director, except 

where a particular official is specifically 

identified in this part. 

Operator means an individual, 

corporation, or other legally recognized 

entity that duly holds a commercial 

services contract. 

Professional services contract means a 

binding written agreement between the 

Director and a professional service 

provider awarded under the authority of 

this part that authorizes the service 

provider to provide hospitality 

consulting or other services to the 

National Park Service related to 

commercial services contracts. 

Professional services provider means 

an individual, corporation, or other 

legally recognized entity that duly holds 

a professional services contract. 

Qualified entity means an individual, 

corporation, or other legally recognized 

entity that the Director determines has 

the experience and financial ability to 

carry out the terms of a commercial 

services contract or professional 

services contract. 

Respondent means an individual, 

corporation, or other legally recognized 

entity, that submits a response for a 

commercial services contract. 

Response means the information an 

individual, corporation, or other legally 

recognized entity provides to the 

National Park Service in response to a 

request for proposals. 

VEIA means the authority granted to 

the Director under Title VII of Public 

Law 114–289 entitled ‘‘Visitor 

Experience Improvements Authority’’ 

and codified at 54 U.S.C. 101931– 

101938. 

Visitor services means 

accommodations, facilities, and other 

services determined by the Director as 

necessary and appropriate for public use 

and enjoyment of a park area provided 

to park area visitors for a fee or charge 

by an individual or entity other than the 

Director. Visitor services may include, 

but are not limited to, lodging, 

campgrounds, food service, 

merchandising, tours, recreational 

activities, guiding, transportation, and 

equipment rental. Visitor services also 

include the sale of interpretive materials 

or the conduct of interpretive programs 

for a fee or charge to visitors. 

§ 52.4 What types of commercial services 

contracts may the Director issue? 

The Director may issue commercial 

services contracts for expanding, 

modernizing, and improving visitor 

services consistent with the VEIA. 

Examples of such contracts include, 

without limitation, management 

agreements and visitor services 

percentage lease agreements (referred to 

as ‘‘percentage agreements’’ for 

purposes of this part). 

§ 52.5 What types of professional services 

contracts may the Director issue? 

The Director may issue professional 

services contracts that support the 

National Park Service in soliciting, 

executing, and managing commercial 

services contracts. Professional services 

contracts may include asset 

management agreements under which a 

service provider assists the National 

Park Service in overseeing and 

administering commercial services 

contracts but does not itself provide 

visitor services. Professional services 

contracts also may include contracts for 

the provision of other consulting 

services to the National Park Service 

such as developing requests for 

proposals, condition assessments, 

operational or financial analysis, 

accounting, and other related services. 

Subpart B—Solicitation, Selection, and 

Award Procedures 

§ 52.10 How will the Director solicit 

responses for the award of a commercial 

services contract? 

(a) The Director will award 

commercial services contracts through a 

competitive selection process. The 

Director will issue a request for 

proposals inviting responses for 

consideration by the Director. The 

request for proposals will describe the 

terms and conditions of the proposed 

commercial services contract and the 

procedures the Director will follow to 

negotiate and award the commercial 

services contract. 

(b) The terms and conditions of the 

request for proposals and the proposed 

commercial services contract are not 

final until the Director awards the 

commercial services contract. 

(c) The solicitation process may 

include one or more phases, such as a 

request for qualifications followed by or 

in concert with a request for more 

detailed information through a request 

for proposals. The process could also 

include interviews with respondents 

and a negotiation phase. 

(d) If the entity that will become the 

operator is not established at the time of 

submission of a response, the response 

must contain assurances satisfactory to 

the Director that the entity that will 

become the operator will be a qualified 

entity as of the date of the award of the 

commercial services contract and 

otherwise have the ability to carry out 

the commitments made in the response. 

§ 52.11 Where will the Director publish 

notice of the availability of a request for 

proposals? 

(a) The Director will publish notice of 

the availability of the request for 

proposals at least once in the System for 

Award Management (SAM) where 

Federal business opportunities are 

electronically posted or in a similar 

publication if SAM is no longer used. 

The Director may also publish notices 

electronically on websites, including 

social media, and in local or national 

newspapers or trade magazines. 

(b) The Director will make the request 

for proposals available upon request to 

all interested persons. The Director may 

charge a reasonable fee for a printed 

request for proposals. 

§ 52.12 How long will respondents have to 

submit a response? 

The Director will define the process 

and the timeline for responding and 

entering into negotiations in the request 

for proposals. The Director will not 

consider untimely responses. 

§ 52.13 How will the Director share 

information with potential respondents after 

issuing the request for proposals? 

If the Director shares material 

information directly related to the 

request for proposals with one potential 

respondent, the Director will share the 

same information with all potential 

respondents who have advised the 

Director of their interest in the request 

for proposals. This does not apply to 

publicly available information. 

§ 52.14 How will the Director evaluate 

responses and select the best one? 

(a) The Director will apply the 

selection factors set forth in the request 

for proposals. The evaluation will 

include an assessment of the 

respondent’s written submittals in 

response to the request for proposals 

and may also include information 

presented by the respondent during 

request for qualifications, interview, and 

negotiation phases. During this process, 

the Director may request written 

clarifications from any respondent that 

has submitted a timely response. 

(b) The Director will use selection 

factors to evaluate responses that 

include compliance with the 


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requirements in the request for 

proposals, ability to comply with the 

terms and conditions of the commercial 

services contract, a demonstration that 

the respondent is a qualified entity, 

demonstrated experience and prior 

performance in operating similar 

facilities and providing similar services, 

financial capability, and the proposed 

approach and methodology to deliver 

the services specified. The Director may 

include other factors that are identified 

in the request for proposals. 

(c) The Director must determine that 

the commercial services contract issued 

to the selected respondent will meet the 

objectives of expanding, modernizing, 

and improving the condition of 

commercial facilities and commercial 

services provided to visitors in the park 

area. 

§ 52.15 When will the Director reject a 

response? 

The Director will reject any response 

if the Director makes any of the 

following determinations: 

(a) The respondent is not a qualified 

entity. 

(b) The response is not responsive to 

the requirements in the request for 

proposals. A response is not responsive 

if the Director determines that it is not 

timely, does not meet the minimum 

requirements of the proposed contract, 

or does not provide the information 

required by the request for proposals. 

§ 52.16 What options does the Director 

have in accepting or rejecting a response? 

(a) If no responsive responses are 

submitted, the Director may cancel the 

solicitation. After cancellation, the 

Director may establish new commercial 

services contract requirements and issue 

a new request for proposals. 

(b) The Director reserves the right to 

accept or reject any or all responses 

received as a result of the solicitation, 

to waive minor irregularities, or to 

negotiate with any respondent, in any 

manner necessary, to serve the best 

interests of the National Park Service. 

(c) No respondent or other person or 

entity will obtain compensable or other 

legal rights as a result of an amended, 

extended, canceled, or resolicited 

request for proposals for a contract. 

§ 52.17 Does this part limit the authority of 

the Director? 

Nothing in this part may be construed 

as limiting the authority of the Director 

at any time to determine whether to 

solicit or award a contract, to cancel a 

solicitation, or to terminate a contract in 

accordance with its terms. 

§ 52.18 When must the selected 

respondent execute the contract? 

The selected respondent must execute 

the contract within the time period 

established by the Director. If the 

selected respondent fails to execute the 

contract in this period, the Director may 

select another responsive response and 

enter into negotiations with that 

respondent, or may cancel the 

solicitation and choose to resolicit the 

contract. 

§ 52.19 When may the Director award the 

commercial services contract? 

The Director may award a commercial 

services contract at any time after 

selecting the best response, the 

conclusion of negotiations, and 

execution of the contract by the 

respondent. 

§ 52.20 How will the Director solicit and 

award professional services contracts? 

The Director will advertise 

opportunities for professional services 

contracts at least once in the System for 

Award Management (SAM) where 

Federal business opportunities are 

electronically posted or in a similar 

publication if SAM is no longer used. 

The Director may also publish notices 

electronically on websites, including 

social media, and in local or national 

newspapers or trade magazines. The 

Director will evaluate and select 

professional services providers that are 

qualified entities following the 

procedures described in the advertised 

opportunity. 

Subpart C—Contract Provisions 

§ 52.25 What is the term of a commercial 

services contract? 

A commercial services contract will 

generally be awarded for a set term or 

for a base term plus option years, with 

the total term not to exceed 10 years. 

§ 52.26 When may the Director terminate a 

contract? 

Contracts will contain appropriate 

provisions for suspension of operations 

and for termination by the Director for 

default, including, without limitation, 

unsatisfactory performance, or 

termination when necessary to achieve 

the purposes of the VEIA. 

§ 52.27 May an operator or professional 

services provider receive leasehold 

surrender interest in capital improvements? 

No. Operators and professional 

services providers will not receive 

leasehold surrender interest in capital 

improvements, as those terms are 

defined at 54 U.S.C. 101915. 

§ 52.28 Are operator rates subject to 

approval by the Director? 

(a) The Director may require prior 

approval of rates for services provided 

to visitors under a commercial services 

contract. 

(b) Generally, the Director will 

approve rates for services provided to 

visitors based upon market demand, 

although the Director may specify rates 

or rate methods for particular services 

based on factors other than market 

demand, such as to ensure affordability 

to a broad segment of visitors. 

§ 52.29 May operators assign or encumber 

commercial services contracts? 

Commercial services contracts will 

include provisions that require the 

Director’s approval prior to any 

assignment or encumbrance of the 

contract or any rights or interests under 

the contract to another operator. 

§ 52.30 How may commercial services 

contracts be funded? 

(a) Commercial services contracts may 

use either of the following two funding 

structures: 

(1) Contract funds will be maintained 

in a Federal account and operators will 

be provided ready access to those funds 

to pay for agreed-upon expenses; or 

(2) Contract funds will be provided to 

the operators, who will be solely 

responsible for maintaining and 

expending the funds on agreed-upon 

expenses. 

(b) Commercial services contracts will 

clearly define what contract-related 

funds shall be considered revenue 

collected for the NPS and will provide 

for the periodic remittance of such 

funds to the NPS. 

Subpart D—Information and Access to 

Information 

§ 52.35 What records must the operator 

and professional services provider keep 

and what access does the Director have to 

records? 

Operators and professional services 

providers must keep any records that 

the Director may require for the term of 

the contract and for five calendar years 

after the termination or expiration of the 

contract to enable the Director to 

determine that all terms of the contract 

are or were faithfully performed. The 

Director, or an authorized representative 

of the Director, may access and examine 

all pertinent records, books, documents, 

and papers of the operator, professional 

services provider, and any 

subcontractor, parent, or affiliate of the 

operator or professional services 

provider (but with respect to parents 

and affiliates, only to the extent 

necessary to confirm the validity and 


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performance of any representations or 

commitments made to the Director by a 

parent or affiliate of the operator or 

professional services provider). 

§ 52.36 What access does the Comptroller 

General have to records kept by operators 

and professional services providers? 

The Comptroller General of the 

National Park Service, or an authorized 

representative of the Comptroller 

General, may access and examine all 

pertinent records, books, documents, 

and papers of the operator, professional 

services provider, and any 

subcontractor, parent, or affiliate of the 

operator or professional services 

provider (but with respect to parents 

and affiliates, only to the extent 

necessary to confirm the validity and 

performance of any representations or 

commitments made to the Director by a 

parent or affiliate of the operator or 

professional services provider) going 

back five years from the closing date of 

the last fiscal year of the operator or 

professional service provider. 

Subpart E—Miscellaneous 

§ 52.40 Does this part affect concession 

contracts under part 51 of this chapter? 

No, nothing in this part modifies the 

terms or conditions of any existing 

concession contract or the ability of the 

Director to enter into concession 

contracts under part 51 of this chapter. 

The 1998 Act (as that term is defined in 

part 51 of this chapter) remains in effect. 

§ 52.41 Does the VEIA expire? 

Yes. The Director may not award a 

contract under the VEIA after December 

16, 2023. 

§ 52.42 Severability. 

A determination that any provision of 

this part is unlawful will not affect the 

validity of the remaining provisions. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–01254 Filed 1–24–22; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0846; FRL–9304–01– 

R9] 

Air Plan Approval; California; San 

Joaquin Valley Unified Air Pollution 

Control District; South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOCs) and oxides 

of nitrogen (NOX) from flares. We are 

proposing to approve these local rules to 

regulate these emission sources under 

the Clean Air Act (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Comments must be received on 

or before February 24, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0846 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Donnique Sherman, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4129 or by 

email at sherman.donnique@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. The EPA’s Recommendations to Further 

Improve the Rules 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted or amended by the local 

air agencies and submitted by the 

California Air Resources Board (CARB) 

to the EPA. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted/ 

amended Submitted 

SCAQMD ............... 1118.1 .................... Control of Emissions from Non-Refinery Flares ............................. 01/04/2019 04/24/2019 

SJVUAPCD ............ 4311 ....................... Flares .............................................................................................. 12/17/2020 03/12/2021 

Under CAA section 110(k)(1), the EPA 

must determine whether a SIP submittal 

meets the minimum completeness 

criteria established in 40 CFR part 51, 

appendix V for an official SIP submittal 

on which the EPA is obligated to take 

action. If the EPA does not make an 

affirmative determination of 

completeness or incompleteness within 

six months of receipt of a SIP submittal, 

the submittal is deemed to be complete 

by operation of law. The submitted rules 

listed in Table 1 were deemed complete 

by operation of law on the following 

dates: October 24, 2019 (SCAQMD Rule 


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