[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Proposed Rules]
[Pages 33376-33379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15977]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Agricultural Research Service
7 CFR Part 500
National Arboretum
AGENCY: Agricultural Research Service; USDA.
ACTION: Proposed rule.
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SUMMARY: The Department of Agriculture (USDA) seeks comments on a
proposed rule that would establish a schedule of fees to be charged for
certain uses of the facilities, grounds, and services at the United
States National Arboretum (USNA). This proposed 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: Comments must be submitted on or before July 21, 1997.
ADDRESSES: Address all comments to Thomas S. Elias, Director, U.S.
National Arboretum, Beltsville Area, Agricultural Research Service,
3501 New York Avenue, NE., Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT:
Director, National Arboretum, Beltsville Area, ARS, 3501 New York
Avenue, NE., Washington, DC 20002; (202) 245-4539.
SUPPLEMENTARY INFORMATION:
Classification
This proposed 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 proposed 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 proposed rule have been submitted to OMB for approval. Those
requirements would not become effective prior to OMB approval.
Title: Collection of information regarding the use of facilities or
the performance of photography/cinematography at the U.S. National
Arboretum.
Summary: The purpose of this collection of information is to
collect, either orally or by use of a form, basic information from
persons who request to use space at the USNA for which a user fee shall
be charged. Use of space includes not only the use of physical space
for events, but also the use of the grounds of the USNA for commercial
photography and cinematography purposes. Information to be collected
will include the name, address, and telephone numbers of the party
requesting use of the USNA space, the date and time that the party is
requesting to use the space, the purpose for which the space will be
used, the number of people expected at the event for which the space is
to be used, any requirements for setup of the space that the USNA will
be expected to provide, and the signature of the individual responsible
for requesting space on behalf of a party.
Need for the Information: The information is needed for USNA to
administer the scheduling of space usage and to keep records of parties
accountable for use of USNA property.
Respondents: Respondents to the collection of information will be
those persons or organizations that request use of the USNA facility or
grounds. Each respondent will have to furnish the information for each
space usage request. The USNA expects to receive approximately 220
requests for use of space per year.
Estimate of burden: The estimated burden on respondents for space
usage request is .25 hours. The total annual reporting and record
keeping burden on respondents will be minimal.
Comments: Comments on this proposed collection of information may
be submitted to Dr. Thomas S. Elias at the address listed under the
ADDRESSES section by August 18, 1997, or to the Office of Information
and Regulatory Affairs, OMB, Attention: Desk Officer for USDA.
Reference should be made to the volume, page, and date of this Federal
Register publication.
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.
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Fee Schedule for Tram
The USNA has purchased a 48-passenger tram (which accommodates 2
wheelchairs) to provide mobile tours throughout the USNA grounds. The
proposed rule includes 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 proposes to charge a fee for temporary use by individuals
or groups of USNA facilities and grounds. The proposed 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 proposes to charge a fee for the use of the facility or
grounds for purposes of commercial photography or cinematography. The
proposed fees have been established based on comparable opportunities
provided by other Aboreta and Botanical Gardens across the nation.
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 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
be made payable, in U.S. funds, to the U.S. National Arboretum. The
USNA will provide receipts to requests 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 proposed
to be amended as set forth below:
PART 500--NATIONAL ARBORETUM
1. The heading for part 500 is revised as set forth above.
2. Sections 500.1 through 500.15 are designated as subpart A and a
subpart heading is added, and the authority citation for part 500 is
redesignated as the authority citation for new subpart A and continues
to read as set forth below:
Subpart A--Conduct on U.S. National Arboretum Property
Authority: Secs. 2, 4, 62 Stat. 281; sec. 103, 63 Stat. 389;
sec. 205(d), 63 Stat. 389; 40 U.S.C. 318a, 318c, 486(d), 753, 34 FR
6406; 34 FR 7389.
* * * * *
3. 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.
Authority: 20 U.S.C. 196.
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 part 500, subpart A--Conduct on the U.S. National Arboretum
Property, will apply to individuals or groups granted approval to use
the facilities 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
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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)--1-300 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.
301-600 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.
Damages............................. 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. Includes No Charge................ No Charge.
hand-held cameras, recorders,
small non-commercial tripods.
Commercial...................... Includes all photography which uses $250 plus................ $500 plus
professional photographer and/or Supervisor............... Supervisor.
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 performed.. N/A...................... 250 plus
Supervision.
Filming......................... Sliding scale based on number of ......................... 1,200 to 3,900.
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 equipment; N/A...................... 250 plus
no filming. Supervision.
Music Videos.................... No sound involved; smaller N/A...................... 1,000 plus
operation. Supervision.
Slide Production.................. ................................ Providing USNA photos/slides for ......................... 100 per image to
use in promotions/advertisements. reproduce.
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 be
made in the
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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 12th day of June 1997.
Robert J. Reginato,
Associate Administrator, Agricultural Research Service.
[FR Doc. 97-15977 Filed 6-18-97; 8:45 am]
BILLING CODE 3410-03-M
