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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules 1. National Park Service NPS
concessions contracts.
2. NPS Commercial Use Authorizations CUAs.
3. Forest Service Special Use Authorizations SUAs.
4. NPS special use permits.
5. Bureau of Land Management BLM
special recreation permits.
6. Retail and concession leases in federally owned buildings.
7. Operations and concessions on military bases.
First, the Department estimated the number of contractors with NPS
concessions contracts. The NPS website contains a list of entities operating under concessions contracts on NPS
lands.23 The Department downloaded all 441 records contained on the website, identified unique firms by name, and assigned them to industries based on the first type of service listed. This results in 401 unique entities operating under concessions contracts on NPS lands.
Second, the Department estimated the number of NPS CUAs. The Department informally consulted with the NPS and learned that the NPS had approximately 5,900 CUAs in FY2015. An NPS CUA is a written authorization to provide services to park area visitors. See 36
CFR 18.2c. The Department has assumed, solely for purposes of the economic analysis, that all NPS CUAs are contracts covered by the Executive order. Because the number of CUAs does not take into account that one firm may hold multiple authorizations, the Department multiplied the total number of CUAs by the ratio of unique firms holding NPS concessions contracts to total NPS concessions contracts to estimate the number of contractors with CUAs 401 divided by 441 = 91 percent for an estimated 5,340 unique firms with CUAs. The Department used the industry distribution from NPS
concessions contracts to assign CUA
permit holders to industries because industry information was not available.
Third, the Department estimated the number of U.S. Forest Service FS
SUAs. The Department informally consulted the FS, which informed the Department that 77,353 SUAs were in effect in FY 2015. FY 2015 data were the latest year of data available to DOL.
Based on further informal consultations with the FS, the Department estimates that approximately 36 percent of these 23 Available at: https www.nps.gov/subjects/
concessions/concessioners-search.htm. The Department has assumed all NPS concessions contracts are covered by the E.O., solely for purposes of this economic analysis, primarily because the E.O. itself specifically covers concessions contracts.

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SUAs may be covered contracts.24 No data are available to determine whether a contractor holds more than one permit; therefore, the Department used the NPS ratio of unique concessions contract holders to total concessions contract holders to estimate the number of unique contractors with FS permits 91 percent. This leaves 25,076 unique firms that may be affected. The Department used its best professional judgement to determine the relevant industry for each type of permit because data were not available.
Fourth, the Department estimated the number of affected NPS special use permits. During informal discussions with DOL, NPS officials estimated that it issued 33,735 special use permits in FY 2015.25 FY 2015 data were the latest year of data available to DOL. It is likely that many of these permits will not be covered by the rulemaking, but the Department has no method for directly determining the number of such permits that might be covered. Therefore, the Department assumed, solely for purposes of the economic analysis, that the E.O. would cover 36 percent of NPS
special use permits the ratio of FS
SUAs that are covered and that 91
percent of the permits are held by unique contract holders based on NPS
data for CUAs. Therefore, the Department estimates that 10,936
entities holding special use permits will be covered by the rule. These permit holders were assigned to the arts, entertainment, and recreation industry.
Fifth, BLM reports 4,737 special recreation permits in FY2019.26 The Department again relied on the FS data to assume that 36 percent of these permits will be covered, and the NPS
data to assume that 91 percent will be held by unique contractors.27 This results in 1,536 entities holding BLM
special recreation permits. The Department assumed that these are in the arts, entertainment, and recreation 24 For each Forest Service use code e.g., 111
boat dock and wharf, the Department determined whether the authorizations are for commercial companies.
25 According to NPS, activities that may require a special use permit include but are not limited to weddings, memorial services, special assemblies, and First Amendment activities. See https
www.nps.gov/ever/learn/management/
specialuse.htm.
26 U.S. Department of the Interior, Bureau of Land Management. 2020. Public Land Statistics 2019.
https www.blm.gov/sites/blm.gov/files/PublicLand Statistics2019.pdf.
27 The Department believes it is reasonable to apply the 36 percent coverage estimates to NPS
special use permits and BLM special recreation permits because it understands that these permits are likely for sufficiently similar purposes and entered into with sufficiently similar individuals and entities as the FS SUAs.

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industry. These estimates for the NPS, FS, and BLM do not account for the possibility that the same firms may hold concessions contracts with more than one agency.
Sixth, the Department estimated the number of retail and concession leases in federally owned buildings. Data are not available on the prevalence of these contracts, but during the 2016
rulemaking implementing Executive Order 13706s paid sick leave requirements that covered a similar population, the Department estimated there were a total of 1,120 entities 1,232
entities times 91 percent assumed to be held by unique contractors. To account for blind vendors who enter into operating agreements with states who obtain contracts or permits from Federal agencies to operate vending facilities on Federal property under the RandolphSheppard Act, the Department has added 767 contractors to its estimate.28
However, the Department notes that some of these vendors may already be counted in the 1,120 estimate. The Department assumes these entities are in the retail trade and accommodation and food services industries.
Seventh, to account for operations and concessions on military bases, the Department identified that the Army and Air Force, the Navy, the Marine Corps, and the Coast Guard also have bases with retail and concessions contracts. These include both the military Exchanges and private companies with concessions contracts to operate on base. The Department counted each of the branchs Exchange organizations as one firm. Based on general information about services on bases, the Department assumes these entities are in the retail trade and accommodation and food services industries. According to Exchange and Commissary News a business magazine, the Army & Air Force Exchange Service AAFES has 586
concessions contracts.29 The Department assumes each is with a unique firm and that these entities are not listed in SAM. The Department also assumes that 68 percent of these concessions contracts are domestic, resulting in an estimated 401
concessions contracts.30
28 DOL communications with the Department of Education.
29 Exchange and Commissary News. 2017.
Exchange QSR Clicks with Customers. http
www.ebmpubs.com/ECN_pdfs/ecn0517_
AAFESQSRNBFF.pdf.
30 This is the share of AAFES net sales that occur domestically. AAFES Annual Report 2019. https
publicaffairs-sme.com/Community/wp-content/
uploads/2020/06/2019AnnualReportDigi.pdf.

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