1024-VEIA 60-day FRN (87 FR 3729)

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

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[NPS–WASO–32954; PPWOBSADC0;
PPMVSCS1Y.Y00000]
RIN 1024–AE47

Visitor Experience Improvements
Authority Contracts
National Park Service, Interior.
Proposed rule.

AGENCY:
ACTION:

This proposed rule would
implement the Visitor Experience

SUMMARY:

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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.

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3729

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:
FOR FURTHER INFORMATION CONTACT:

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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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

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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

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

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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?

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)

Compliance With Other Laws,
Executive Orders, and Department
Policy

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.

Regulatory Planning and Review
(Executive Orders 12866 and 13563).

Unfunded Mandates Reform Act
(UMRA)

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

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.

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Takings (Executive Order 12630)
This proposed rule does not effect a
taking of private property or otherwise
have takings implications under

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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

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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

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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

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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

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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:

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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.

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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

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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.

(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.

Subpart B—Solicitation, Selection, and
Award Procedures

§ 52.13 How will the Director share
information with potential respondents after
issuing the request for proposals?

§ 52.10 How will the Director solicit
responses for the award of a commercial
services contract?

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.

(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.

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

§ 52.18 When must the selected
respondent execute the contract?

§ 52.28 Are operator rates subject to
approval by the Director?

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.

(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.

§ 52.15 When will the Director reject a
response?

§ 52.20 How will the Director solicit and
award professional services contracts?

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.

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.

§ 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.
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3735

§ 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.

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§ 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.

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.

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

performance of any representations or
commitments made to the Director by a
parent or affiliate of the operator or
professional services provider).

ENVIRONMENTAL PROTECTION
AGENCY

§ 52.36 What access does the Comptroller
General have to records kept by operators
and professional services providers?

[EPA–R09–OAR–2021–0846; FRL–9304–01–
R9]

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

40 CFR Part 52

Air Plan Approval; California; San
Joaquin Valley Unified Air Pollution
Control District; South Coast Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:

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
SUMMARY:

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.

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TABLE 1—SUBMITTED RULES
Adopted/
amended

Local agency

Rule No.

Rule title

SCAQMD ...............
SJVUAPCD ............

1118.1 ....................
4311 .......................

Control of Emissions from Non-Refinery Flares .............................
Flares ..............................................................................................

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

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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,

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01/04/2019
12/17/2020

Submitted
04/24/2019
03/12/2021

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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