[Federal Register Volume 62, Number 170 (Wednesday, September 3, 1997)]
[Rules and Regulations]
[Pages 46431-46433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23217]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 62, No. 170 / Wednesday, September 3, 1997 /
Rules and Regulations
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DEPARTMENT OF AGRICULTURE
Agricultural Research Service
7 CFR Part 500
National Arboretum
AGENCY: Agricultural Research Service; USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (USDA) is establishing a
schedule of fees to be charged for certain uses of the facilities,
grounds, and services at the United States National Arboretum (USNA).
This rule reformats and adds a new subpart to 7 CFR part 500. The title
of part 500 is changed to ``National Arboretum.'' The current text
regarding conduct on USNA property is designated as subpart A. New text
added as subpart B contains the fee structures for use of USNA
facilities and services. The USNA will charge fees for riding its new
tram service, use of the grounds and facilities, as well as for
commercial photography and cinematography. Fees generated will be used
to defray USNA expenses or to promote the mission of the USNA. The
public will not be charged an admission fee for visiting the USNA.
DATES: Effective September 3, 1997, except for Secs. 500.22 and 500.23
which contain information collection requirements and will not be
effective until approval by the Office of Management and Budget. The
Agriculture Department will publish a document in the Federal Register
announcing the effective date of these sections.
ADDRESSES: Address all correspondence to Thomas S. Elias, Director,
U.S. National Arboretum, Beltsville Area, Agricultural Research
Service, 3501 New York Avenue, NE., Washington, D.C. 20002.
FOR FURTHER INFORMATION CONTACT:
Director, National Arboretum, Beltsville Area, ARS, 3501 New York
Avenue, NE., Washington, D.C. 20002; (202) 245-4539.
SUPPLEMENTARY INFORMATION: This rule was published as a proposed rule
for comment on June 19, 1997 (62 FR 33376). No comments were received.
Accordingly, the proposed rule is published as the final rule without
changes.
Classification
This rule has been reviewed under Executive Order 12866, and it has
been determined that it is not a ``significant regulatory action'' rule
because it will not have an annual effect on the economy of $100
million or more or adversely and materially affect a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities. This rule will not create any serious inconsistencies or
otherwise interfere with actions taken or planned by another agency. It
will not materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof, and does not raise novel legal or policy issues
arising out of legal mandates, the President's priorities, or
principles set forth in Executive Order 12866.
Regulatory Flexibility Act
The Department of Agriculture certifies that this rule will not
have a significant impact on a substantial number of small entities as
defined in the Regulatory Flexibility Act, Pub. L. No. 96-354, as
amended (5 U.S.C. 601, et seq.).
Paperwork Reduction Act
In accordance with the Office of Management and Budget (OMB)
regulations (5 CFR part 1320) which implement the Paperwork Reduction
Act of 1995 (44 U.S.C. chapter 35), the information collection and
recordkeeping requirements that will be imposed in implementation of
this rule have been submitted to OMB for approval. Those requirements
will not become effective prior to OMB approval.
Background
Section 890(b) of the Federal Agriculture Improvement and Reform
Act of 1996, Pub. L. 104-127 (1996 Act), expands the authorities of the
Secretary of Agriculture to charge reasonable fees for the use of USNA
facilities and grounds. These new authorities include the ability to
charge fees for temporary use by individuals or groups of USNA
facilities and grounds in furtherance of the mission of the USNA. Also,
authority is provided to charge fees for the use of the USNA for
commercial photography and cinematography. All rules and regulations
noted in 7 CFR 500, subpart A, Conduct on the U.S. National Arboretum
Property, will apply to individuals or groups granted approval to use
the facilities and grounds.
Fee Schedule for Tram
The USNA has purchased a 48-passenger tram (which accommodates 2
wheelchairs) to provide mobile tours throughout the USNA grounds. This
rule establishes a fee to be charged to all riders except children
under 4 sharing a seat with an adult. Fee amounts were determined after
a survey of similar services provided by other Arboreta and Botanical
Gardens. Fees generated will be used to offset costs or for the
purposes of promoting the mission of the USNA.
Fee Schedule for Use of Facilities and Grounds
The USNA will charge a fee for temporary use by individuals or
groups of USNA facilities and grounds. The fees have been established
based on actual costs (i.e., electricity, heating, water, maintenance,
security, scheduling, etc.). Facilities and grounds are available by
reservation at the discretion of the USNA and may be available to
individuals or groups in furtherance of the mission of the USNA. Agency
initiatives may be granted first priority. Reservation requests should
be made as far in advance of the need as possible to ensure
consideration.
Fee Schedule for Use of Facilities and Grounds for Purposes of
Photography or Cinematography
The USNA will charge a fee for the use of the facility or grounds
for purposes of commercial photography or cinematography. The fees have
been established based on comparable opportunities provided by other
Arboreta and Botanical Gardens across the nation. Facilities and
Grounds are
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available for use for commercial photography or cinematography at the
discretion of the USNA Director. Requests for use should be made a
minimum of two weeks in advance of required date. The USNA does not
intend to charge fees to the press for photography or cinematography
related to stories concerning the USNA and its mission or for other
noncommercial, First Amendment activity.
Payment Submission Requirements
Payment for use of the tram will be made by cash or money order (in
U.S. funds) and is due at the time of ticket purchase. Fee payments for
use of facilities or grounds or for photography and cinematography must
be made in advance of services being rendered. These payments are to be
made in the form of a check or money order. Checks and money orders are
to be made payable, in U.S. funds, to the U.S. National Arboretum. The
USNA will provide receipts to requestors for their records or billing
purposes.
List of Subjects in 7 CFR Part 500
Agricultural research, Cinematography, Federal buildings and
facilities, Government property, National Arboretum, Photography, User
fees.
For the reasons set out in the preamble, 7 CFR Part 500 is amended
as set forth below:
PART 500--NATIONAL ARBORETUM
1. The heading for Part 500 is revised as set forth above.
2. The authority citation for part 500 is revised to read as
follows:
Authority: 20 U.S.C. 196; secs. 2, 4, 62 Stat. 281; sec. 103,
63, Stat. 380; sec 205(d), 63 Stat. 389; 40 U.S.C. 318a, 318c,
486(d), 753, 34 FR 6406; 34 FR 7389.
3. Sections 500.1 through 500.15 are designated as subpart A and a
subpart heading is added, to read as set forth below:
Subpart A--Conduct on U.S. National Arboretum Property
4. A new subpart B is added to read as follows:
Subpart B--Fee Schedule for Certain Uses of National Arboretum
Facilities and Grounds
Sec.
500.20 Scope.
500.21 Fee schedule for tram.
500.22 Fee schedule for use of facilities and grounds.
500.23 Fee schedule for photography and cinematography on grounds.
500.24 Payment of fees.
Sec. 500.20 Scope.
The subpart sets forth schedules of fees for temporary use by
individuals or groups of United States National Arboretum (USNA)
facilities and grounds for any purpose that is consistent with the
mission of the USNA. This part also sets forth schedules of fees for
the use of the USNA for commercial photography and cinematography. Fees
generated will be used to offset costs of services or for the purposes
of promoting the mission of the USNA. All rules and regulations noted
in 7 CFR 500, subpart A--Conduct on the U.S. National Arboretum
Property, will apply to individuals or groups granted approval to use
the facilities and grounds for the purposes specified in this subpart.
Sec. 500.21 Fee schedule for tram.
The USNA provides tours of the USNA grounds in a 48-passenger tram
(accommodating 2 wheelchairs) for a fee as follows: $3.00 per adult;
$2.00 per senior citizen or Friend of the National Arboretum; $1.00 per
child ages 4 through 16. Children under 4 sharing a seat with an adult
will not be charged.
Sec. 500.22 Fee schedule for use of facilities and grounds.
The USNA will charge a fee for temporary use by individuals or
groups of USNA facilities and grounds. Facilities and grounds are
available by reservation at the discretion of the USNA and may be
available to individuals or groups whose purpose is consistent with the
mission of the USNA. Agency initiatives may be granted first priority.
Non profit organizations that substantially support the mission and
purpose of the USNA may be exempted from the requirements of this part
by the Director. Reservation requests should be made as far in advance
of the need as possible to ensure consideration. The fees for use of
USNA buildings listed in the following fee schedule are for times when
the building is open. ``Half Day'' usage is defined as 4 hours or less;
``Whole Day'' is defined as more than 4 hours in a day. For after hours
usage of such buildings, an additional $25/hour will be added for
supervision/security.
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Per day charge
Area Includes -------------------------
Half day Whole day
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Auditorium.......................... Basic audience-style set-up for 125 people or N/A $250
classroom set-up for 40-50 people. Includes
microphone/lectern, screen, projection stand,
(2) flip charts (no paper) and (2) trash cans.
Also includes the use of the Kitchen space,
Upstairs Conference Room, and Coat Room.
Extra tables are $10 each
Upstairs Conference Room............ (Only if Auditorium is not in use).............. $50 100
Includes use of telephone for local calls. Also
includes the use of the Kitchen space and Coat
Room.
Lobby............................... As is (with furniture in place)................. N/A 100
Furniture removed............................... ........... 150
Classroom........................... Standard set-up with 40 chairs. Includes 50 125
microphone/lectern, screen, projection stand,
(2) flip charts (no paper) and trash can.
Classroom-Multiple.................. 3 hour limit; 5 sessions........................ ........... 225
3 hour limit; 10 sessions....................... ........... 450
Yoshimura Center.................... For use from 10:00 a.m. to 3:30 p.m. weekends 50 125
only.
Grounds--1-301 people............... No Public Invited--Patio, Meadow, Triangle, NY N/A 500
Avenue, etc. Cost includes scheduling time,
extra mowing, and site preparation..
Guest organization responsible for everything
related to their event, including portable
toilets.
300-600 people...................... Same as above................................... N/A 750
Grounds............................. Public Invited (i.e., show or sale)--Cost N/A 750
includes scheduling time, extra mowing, and
site preparation. Guest organization
responsible for everything related to their
event, including portable toilets..
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Damages.............................
(2)Damages to plants, grounds,
facilities or equipment will be
assessed on a value based on
replacement cost (including labor)
plus 10% (administrative fee).
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Sec. 500.23 Fee schedule for photography and cinematography on
grounds.
The USNA will charge a fee for the use of the facility or grounds
for purposes of commercial photography or cinematography. Facilities
and grounds are available for use for commercial photography or
cinematography at the discretion of the USNA Director. Requests for use
should be made a minimum of two weeks in advance of the required date.
In addition to the fees listed below, supervision costs of $25.00 per
hour will be charged. The USNA Director may waive fees for photography
or cinematography conducted for the purpose of disseminating
information to the public regarding the USNA and its mission or for the
purpose of other noncommercial, First Amendment activity.
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Per day charge
Category Type Notes -----------------------------------------------------------------
Half day Whole day
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Still Photography.............. Individual.................. For personal use only. No Charge.............. No Charge
Includes hand-held
cameras, recorders,
small non-commercial
tripods.
Commercial.................. Includes all $250 plus Supervisor... $500 plus Supervisor
photography which uses
professional
photographer and/or
involves receiving a
fee for the use or
production of the
photography. Note:
This includes 5 people
or less with carry on
(video) equipment.
Cinematography................. Set Preparation............. Set up sets; no filming N/A.................... $250 plus Supervision
performed.
Filming..................... Sliding scale based on ....................... $1,200 to $3,900
number of people in
cast and crew and
number of pieces of
equipment. 45 people
and 6 pieces of
equipment=$1,500. 200
people=$3,900. Note: 5
people with carry on
equipment=same as
still photography.
Strike Set.................. Take down sets, remove N/A.................... $250 plus Supervision
equipment; no filming.
Music Videos................ No sound involved; N/A.................... $1,000 plus Supervision
smaller operation.
Slide Production............... ............................ Providing USNA photos/ ....................... $100 per image to reproduce
slides for use in
promotions/
advertisements. Fee is
for one-time rights.
Damages........................ All......................... Damages to plants, ....................... .......................................
grounds, facilities or
equipment will be
assessed on a value
based on replacement
cost (Including labor)
plus 10%
(administrative fee).
Half Day=4 hours or
less. Full Day=more
than 4 hours.
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Sec. 500.24 Payment of fees.
Payment for use of tram will be made by cash or money order (in
U.S. funds) and is due at the time of ticket purchase. Fee payments for
use of facilities or grounds or for photography and cinematography must
be made in advance of services being rendered. These payments are to
the made in the form of a check or money order. Checks and money orders
are to be made payable, in U.S. funds, to the ``U.S. National
Arboretum.'' The National Arboretum will provide receipts to requestors
for their records or billing purposes.
Done at Washington, DC, this 26th day of August, 1997.
Edward B. Knipling,
Acting Administrator, Agricultural Research Service.
[FR Doc. 97-23217 Filed 9-2-97; 8:45 am]
BILLING CODE 3410-03-M
