97-14042. Request for Public Comment on Proposed Amendments and Clarifications of NPS-48 (Concession Guidelines)  

  • [Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
    [Notices]
    [Pages 29147-29148]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-14042]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    National Park Service
    
    
    Request for Public Comment on Proposed Amendments and 
    Clarifications of NPS-48 (Concession Guidelines)
    
    SUMMARY: On February 20, 1997, the National Park Service (NPS) 
    requested public comment on those portions of its staff manual (NPS-48) 
    dealing with the administration of concession authorizations which had 
    not been made available for public comment previously. On March 27, 
    1997, NPS extended the due date for receipt of
    
    [[Page 29148]]
    
    comments through April 8, 1997. This notice seeks public comment on 
    certain proposed amendments and clarifications to NPS-48.
    
    COMMENT DATE: June 30, 1997.
    
    ADDRESSES: Comments should be addressed to Robert Yearout, Program 
    Manager, Concessions Program, National Park Service, P.O. Box 37127, 
    Washington, D.C. 20013-7127.
    
    FOR FURTHER INFORMATION CONTACT:
    Copies of the Food Code proposed amendments to NPS-48 discussed below 
    and, for those persons who have not previously obtained one, a copy of 
    those portions of NPS-48 which had not previously been published for 
    comment, are available by contacting Wendelin Mann, Concessions 
    Program, National Park Service (202) 565-1219.
    
    SUPPLEMENTARY INFORMATION: As a result of considering NPS-48 after 
    receipt of public comments from the February 20, 1997, NPS is 
    considering several clarifications and amendments to NPS-48. In 
    addition, NPS is considering amending NPS-48 to update its Food Code 
    guidelines. The proposed amendments and clarifications are set forth 
    below, except for the proposed Food Code amendments which are available 
    upon request from interested persons. NPS will respond to all comments 
    received as a result of this notice and the February 20, 1997, notice 
    through an additional Federal Register notice.
    
    Proposed NPS-48 Amendments and Clarifications
    
    1. Conformance With Revised Regulations
    
        One commenter in response to the February 20, 1997, notice, pointed 
    out that the concession contracting regulations (36 CFR, Part 51) 
    included in NPS-48 are not the most recent version of these 
    regulations, which were amended effective October 5, 1992. NPS agrees 
    that the copy of the regulations contained in NPS-48 is outdated, and 
    hereby proposes to delete the old regulations and incorporate the 
    revised regulations in NPS-48. NPS further notes that in the event of 
    any conflict between these revised regulations and any guidance 
    contained in NPS-48, the revised regulations will prevail.
    
    2. Concessioner Evaluation Program
    
        One Commenter pointed out that a conflict exists between NPS-48 and 
    the revised regulations (36 CFR 51.5) concerning the disposition of 
    unsatisfactory and marginal ratings. NPS-48 states that if a 
    concessioner receives an annual overall rating of ``unsatisfactory'' in 
    any year of the contract term or ``marginal'' for any 2 consecutive 
    years, then the concessioner is not entitled to a right of preference 
    in the renewal of its contract. The regulations at 36 CFR 51.5(a) limit 
    the loss of a concessioner's right of preference in contract renewal to 
    the last year (for ``unsatisfactory'' ratings) or the last 2 years (for 
    ``marginal'' ratings) prior to issuance of a prospectus. NPS agrees 
    that the regulations and guideline are in conflict on this point, and 
    hereby proposes to amend NPS-48 to adopt the language of the regulation 
    at 36 CFR 51.5(a).
    
    3. Deposits for Advance Reservations
    
        One commenter pointed out that one provision in NPS-48 requires 
    that rates in effect at the time of a deposit should apply to all or a 
    portion of the visitor stay, even though there may have been a price 
    increase (Chapter 29, D.2.b), and that this conflicts with another 
    provision in NPS-48 which allows concessioners to charge the increased 
    rates so long as individuals making advance reservations are notified 
    that rates are subject to change and are not guaranteed by the deposit 
    (Chapter 29, D.1.c.(1)). NPS agrees that these provisions are in 
    conflict and hereby proposes to adopt the provision allowing 
    concessioners to charge increased rates if individuals making 
    reservations are notified that rates are subject to change and not 
    guaranteed by the deposit.
    
    4. Waiver of Franchise Fees
    
        NPS proposes to clarify NPS-48 with respect to waiver of franchise 
    fees. In this regard, Chapter 24, section 5.i. of NPS-48 authorizes 
    waiver of NPS concession contract franchise fees in certain 
    circumstances. However, NPS-48 fails to note that as a matter of law 
    such waivers are permissible only where the concession contract or 
    permit in question contains an express provision authorizing such a 
    waiver. Decision of the Comptroller General, April 11, 1944 (B-40226). 
    In addition, NPS needs to state more directly that the waiver 
    provisions of NPS-48 apply only to franchise fees, not to any other 
    financial obligations of a concessioner set forth in an NPS concession 
    contract or permit.
    
    Specific Proposed Amendments and Clarifications to NPS-48
    
        1. Chapter 5, Subsection B.21., of NPS-48 is hereby proposed to be 
    amended by deleting the former text of 36 CFR Part 51, and replacing it 
    with the text of 36 CFR, Part 51, as revised on October 5, 1992.
        2. Chapter 19 of NPS-48 is hereby proposed to be amended by 
    deleting the first sentence of subsection G and replacing it with the 
    following two sentences;
    
        When a concessioner's Annual Overall Rating is Unsatisfactory 
    for a year, or Marginal for two consecutive years, it constitutes 
    ground for termination of the contract/permit. Further, if a 
    concession receives an annual overall rating of Unsatisficatory 
    during the last year prior to issuance of a prospectus, or an annual 
    overall rating of Marginal during the 2 years prior to issuance of a 
    prospectus, then the concessionare is not entitled to a right of 
    preference in the renewal of its contract or permit.
    
        3. Chapter 24 of NPS-48 is hereby proposed to be clarified by 
    adding the following two sentences to the end of the first paragraph of 
    section 5.i.:
    
        Franchise fee waivers as a matter of law are only permissible 
    under this section or otherwise where the concession contract or 
    permit in question contains an express provision which authorizes 
    such a waiver. In addition, even in circumstances where a concession 
    contract or permit contains such an express franchise fee waiver 
    provision, such waiver authority applies only to payment of 
    franchise fees; it does not apply to any other financial or other 
    obligations a concessioner may have under the terms of a concession 
    contract or permit unless the contract or permit in question 
    expressly so states.
    
        4. Chapter 29 of NPS-48 is hereby proposed to be amended by 
    deleting subsection D.2.b.
        5. NPS hereby proposes to amend Chapter 21, Standard 1, of NPS-48 
    with respect to its Food Code guidelines to conform them to the revised 
    ``Food Code'' issued by the United States Public Health Service in 
    1993. Copies of the proposed changes are available at the address and 
    telephone number mentioned above.
    
        Dated: May 16, 1997.
    Robert K. Yearout,
    Concession Program Manager.
    [FR Doc. 97-14042 Filed 5-28-97; 8:45 am]
    BILLING CODE 4310-70-M
    
    
    

Document Information

Effective Date:
6/30/1997
Published:
05/29/1997
Department:
National Park Service
Entry Type:
Notice
Document Number:
97-14042
Dates:
June 30, 1997.
Pages:
29147-29148 (2 pages)
PDF File:
97-14042.pdf