75880 Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Proposed Rules 

B, part 21 of the Code of Federal 

Regulations is proposed to be revised to 

read as follows:

PART 21—BID PROTEST 

REGULATIONS 

1. The authority citation for part 21 

continues to read as follows:

Authority: 31 U.S.C. 3551–3556.

2. Amend § 21.0 by redesignating 

paragraph (a) as paragraph (a)(1) and 

adding new paragraph (a)(2), and by 

redesignating paragraph (b) as paragraph 

(b)(1) and adding new paragraph (b)(2) 

to read as follows:

§ 21.0 Definitions. 

(a)(1) * * *

(a)(2) In a public-private competition 

conducted under Office of Management 

and Budget Circular A–76 regarding an 

activity or function of a Federal agency 

performed by more than 65 full-time 

equivalent employees of the Federal 

agency, the official responsible for 

submitting the Federal agency tender is 

also an interested party.

(b)(1) * * *

(b)(2) If an interested party files a 

protest in connection with a publicprivate competition conducted under 

Office of Management and Budget 

Circular A–76 regarding an activity or 

function of a Federal agency performed 

by more than 65 full-time equivalent 

employees of the Federal agency, a 

person representing a majority of the 

employees of the Federal agency who 

are engaged in the performance of the 

activity or function subject to the 

public-private competition and the 

official responsible for submitting the 

Federal agency tender as described in 

paragraph (a)(2) of this section may also 

be intervenors.

* * * * *

3. Amend § 21.5 by adding paragraph 

(k) to read as follows:

§ 21.5 Protest issues not for 

consideration. 

(k) Decision whether or not to file a 

protest on behalf of Federal employees.

GAO will not review the decision of an 

agency tender official to file a protest or 

not to file a protest in connection with 

a public-private competition.

Anthony H. Gamboa, 

General Counsel, United States Government 

Accountability Office.

[FR Doc. 04–27615 Filed 12–16–04; 10:03 

am] 

BILLING CODE 1610–02–M

DEPARTMENT OF AGRICULTURE

Agricultural Research Service 

7 CFR Part 500 

National Arboretum

AGENCY: Agricultural Research Service; 

Research, Education, and Economics; 

USDA.

ACTION: Proposed rule.

SUMMARY: The Department of 

Agriculture (USDA) seeks comments on 

a proposed rule change that would 

modify the rules of conduct at the 

United States National Arboretum 

(USNA) and the schedule of fees to be 

charged for certain uses of the facilities, 

grounds, and services at the USNA.

DATES: Comments must be submitted on 

or before February 18, 2005.

ADDRESSES: Address all correspondence 

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:

Dana Laster, Administrative and 

Marketing Manager, U.S. National 

Arboretum, Beltsville Area, ARS, 3501 

New York Avenue, NE., Washington, DC 

20002; (202) 245–4539.

SUPPLEMENTARY INFORMATION:

Classification 

This rule change 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 change 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 change 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, Pub. L. 104–13, as amended 

(44 U.S.C. chapter 35), the information 

collection and recordkeeping 

requirements that have been imposed in 

the management of these programs have 

been approved by OMB and assigned 

OMB control number 0518–0024 for the 

use of facilities or the performance of 

photography/cinematography at the 

USNA. 

Background 

Section 890(b) of the Federal 

Agriculture Improvement and Reform 

Act of 1996, Pub. L. 104–127 (1996 Act) 

expanded the authorities of the 

Secretary of Agriculture to charge 

reasonable fees for the use of USNA 

facilities and grounds. These authorities 

included the ability to charge fees for 

temporary use by individuals or groups 

of USNA facilities and grounds 

consistent with the mission of the 

USNA. In addition, authority was 

granted to charge fees for the use of the 

USNA for commercial photography and 

cinematography. Pursuant to the Act, 

the Agricultural Research Service (ARS) 

promulgated a fee schedule for the 

USNA at 7 CFR part 500, subpart B. All 

rules and regulations noted in 7 CFR 

part 500, subpart A, Conduct on the U.S. 

National Arboretum Property, also 

apply to individuals or groups granted 

approval to use the facilities and 

grounds. 

This proposed rule change modifies 7 

CFR part 500, subparts A and B. The 

USNA will continue to charge fees for 

riding its tram service, for use of the 

grounds and facilities, and for 

photography and cinematography. The 

USNA will allow use of its facilities and 

grounds for activities such as 

luncheons, dinners, receptions, and 

similar events in order to provide 

financial support to the USNA. The 

Director of the USNA will continue to 

have discretion to waive fees for nonprofit scientific or educational 

organizations the purposes and interests 

of which are complementary to the 

mission of the USNA, such as the 

Friends of the National Arboretum, the 

National Bonsai Foundation, and the 

National Capital Area Federation of 

Garden Clubs. Even in cases of fee 

waiver, however, the USNA will seek to 

recover costs incurred in connection 

with use of its facilities. Fees generated 

will be used to defray USNA expenses 

Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Proposed Rules 75881

or to promote the mission of the USNA. 

The public will not be charged an 

admission fee for visiting the USNA.

Revision of Subpart A 

Subpart A is proposed to be revised 

in its entirety although, except for 

stylistic and editorial changes, no 

substantive changes are made to 

sections 500.1, 500.2, 500.4, 500.6, 

500.9, and 500.14. Substantive changes 

to the other sections are as follows: 

Section 500.3 Preservation of Property 

This section is modified to include a 

prohibition on open fires, 

environmental spraying for insect pests, 

or release of biological agents on the 

facilities of the USNA. The purpose of 

this change is to protect the valuable 

existing plant collections, research 

projects, and the USNA’s ongoing 

Integrated Pest Management Program. 

Section 500.5 Nuisances 

This section is amended to limit the 

decibel level of music at special events. 

Section 500.7 Intoxicating Beverages 

and Narcotics 

This section is modified to provide for 

limited beer and wine service with an 

approved permit and only at officially 

approved events when the USNA is 

closed to the public. It further clarifies 

that the sale of alcoholic beverages is 

prohibited. 

Section 500.8 Soliciting, Vending, Debt 

Collection, and Distribution of 

Handbills 

This section is modified to better 

identify the type of activities that are 

not allowed, and to identify more 

clearly the exceptions to the 

prohibitions that were not included in 

the earlier version of this rule. 

Section 500.10 Pets 

This section is modified to clarify pet 

leash requirements and to prohibit the 

release of fish, plants, and animals on 

the grounds of the USNA. 

Section 500.11 Vehicular and 

Pedestrian Traffic 

This section is modified to provide for 

access set up and break down, 

temporary structures, supplies, and 

materials used in special events and 

ceremonies, and to serve notice that 

illegal parking may result in towing in 

addition to fine. 

Section 500.12 Weapons, Explosives 

and Open Fires 

This section is changed to include a 

prohibition against the use pyrotechnic 

devices of any kind. 

Section 500.13 Nondiscrimination 

This section is modified to conform to 

the nondiscrimination policy 

established by the United States 

Department of Agriculture as set forth in 

7 CFR part 15d. 

Section 500.15 Penalties and Other 

Law 

This section is modified and updated 

due to the recodification of title 40 and 

the creation of the Department of 

Homeland Security. 

Amendments to Subpart B 

The fee schedule and associated 

provisions in subpart B are generally 

revised as follows: 

Fee Schedule for Tram and Tours 

The USNA operates a 48-passenger 

tram (which accommodates 2 

wheelchairs) to provide mobile tours 

throughout the USNA grounds on 

weekends and holidays. The USNA will 

continue to charge a fee to all riders as 

well as the amount to be charged for 

pre-scheduled group tram tours. 

Additionally, a fee will be charged for 

providing tour guides for pre-scheduled 

non-tram tours. Fee amounts were 

determined after a survey of similar 

services provided by other Arboreta and 

Botanical Gardens and an analysis of 

costs associated with the program. Fees 

generated will be used to offset costs or 

for the purposes of promoting the 

mission of the USNA. Payment for use 

of the tram is due at the time of ticket 

purchase. Payment for pre-scheduled 

tram tours must be made at least two 

weeks in advance. Payment for prescheduled, non-tram guided tours must 

be made at least two weeks in advance 

of the tour date. 

Fee Schedule for Use of Facilities and 

Grounds 

The USNA will charge fees for the use 

of the facilities and grounds for 

activities that may include receptions, 

luncheons, dinners, and similar events. 

The proposed fee schedule is consistent 

with rates from comparable institutions 

in the Washington, DC area based upon 

a survey by USNA of the fees charged 

by such institutions. 

Conditions Governing the Use of 

Facilities and Grounds 

Organizations and others may reserve 

space with USNA for events and other 

uses of the USNA. Space also may be 

reserved through USNA support 

organizations such as the Friends of the 

National Arboretum, National Bonsai 

Foundation, and the National Capital 

Area Federation of Garden Clubs. 

Reservation requests need to be made as 

far in advance as possible, with a 

minimum of 30 days required for all 

reservations. The USNA will respond to 

such requests within 10 working days 

with information as to whether the 

requested site is available for use. The 

USNA will also give notice to 

prospective users of any planned 

activities (construction, maintenance, 

pesticide applications, and any similar 

activities) that might affect the planned 

use or event. The USNA will not assume 

any responsibility for last minute 

changes due to failure of mechanical 

systems, severe storms and other 

weather events, or emergencies relating 

to security and safety. 

A facilities use permit for a specific 

time and location must be signed and a 

50% non-refundable deposit paid at the 

time of booking. The remaining 50% is 

due five working days before the event. 

In the event of building, property or 

grounds damage or excessive cleaning 

requirements, additional charges will be 

billed, and will be due within 30 days 

of billing. 

All users of the USNA shall comply 

with all Federal and local laws. The 

USNA is a Federal property under the 

jurisdiction of United States Department 

of Agriculture. All activities are subject 

to Federal rules and regulations 

governing the buildings and grounds. 

No offices, rooms, and hallways 

beyond the secure doors adjacent to the 

lobby area of the USNA’s 

Administration Building will be 

available for use. 

Fee Schedule for Use of Facilities and 

Grounds for Purposes of Photography or 

Cinematography 

The USNA will continue to 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 

available for use for commercial 

photography or cinematography at the 

discretion of the USNA Director. 

Requests for use should be made at least 

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 activities. Fee payments for 

use of facilities or grounds or for 

photography and cinematography must 

be made in advance of requested date.

Payment Submission Requirements 

Unless provided otherwise, all 

payments due under this subpart must 

75882 Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Proposed Rules 

be made by cash, check, or money order 

(in U.S. funds). Checks and money 

orders must be made payable, in U.S. 

funds, to the U.S. National Arboretum. 

The USNA will provide receipts to 

requesters for their records or billing 

purposes. The USNA is pursuing 

opportunities to enter an agreement to 

allow USNA visitors and users to make 

payment in the form of a credit card. If 

USNA enters into such an agreement, 

USNA visitors and users who are 

assessed user fees may pay those fees 

with a credit card subject to the terms 

and conditions of such agreement.

List of Subjects in 7 CFR Part 500 

Agricultural research, Federal 

buildings and facilities, Government 

property, USNA, Photography, 

Cinematography, User fees.

For the reasons set out in the 

preamble, 7 CFR part 500 is proposed to 

be revised as set forth below: 

1. The authority citation 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.

PART 500—NATIONAL ARBORETUM

Subpart A—Conduct on U.S. National 

Arboretum Property

Sec. 

500.1 General. 

500.2 Recording presence. 

500.3 Preservation of property. 

500.4 Conformity with signs and emergency 

directions. 

500.5 Nuisances. 

500.6 Gambling. 

500.7 Intoxicating beverages and narcotics. 

500.8 Soliciting, vending, debt collection, 

and distribution of handbills. 

500.9 Photographs for news, advertising, or 

commercial purposes. 

500.10 Pets. 

500.11 Vehicular and pedestrian traffic. 

500.12 Weapons and explosives. 

500.13 Nondiscrimination. 

500.14 Exceptions. 

500.15 Penalties and other law.

§ 500.1 General. 

The rules and regulations in this part 

apply to the buildings and grounds of 

the U.S. National Arboretum (USNA), 

Washington, DC, and to all persons 

entering in or on such property. The 

Administrator, General Services 

Administration, has delegated to the 

Secretary of Agriculture, with authority 

to further delegate, the authority to 

make all the needful rules and 

regulations for the protection of the 

buildings and grounds of the USNA (34 

FR 6406). The Secretary of Agriculture 

has in turn delegated such authority to 

the Administrator, Agricultural 

Research Service (34 FR 7389). The 

rules and regulations in this part are 

issued pursuant to such delegations.

§ 500.2 Recording presence. 

Admission to the USNA during 

periods when it is closed to the public 

will be limited to authorized 

individuals who may be required to sign 

the register or display identification 

documents when requested by the 

Security Staff, or other authorized 

individuals.

§ 500.3 Preservation of property. 

(a) While at the USNA, it is unlawful 

to: 

(1) Willfully destroy, damage, or 

remove USNA property or any part 

thereof; 

(2) Set or maintain any open fire on 

the property of the USNA; or 

(3) Apply any type of insecticide or 

herbicide on the grounds of the USNA, 

except for USNA employees in the 

course of their official duties or other 

persons authorized by the Director. 

(b) Persons not employed by USNA 

are not permitted to bring biological 

agents of any kind, including but not 

limited to disease and pest agents of 

plants, onto the property without 

written permission of the Director, 

USNA.

§ 500.4 Conformity with signs and 

emergency directions. 

Persons in and on property of the 

USNA shall comply with official signs 

of prohibitory or directive nature and 

with the directions of authorized 

individuals.

§ 500.5 Nuisances. 

(a) The use of loud, abusive, or 

otherwise improper language, 

unwarranted loitering, sleeping, or 

assembly, the creation of any hazard to 

persons or things, improper disposal of 

rubbish, spitting, prurient prying, the 

commission of any obscene or indecent 

act, or any other unseemly or disorderly 

conduct, throwing articles of any kind 

from a building, and climbing upon any 

part of a building is prohibited. 

(b) Playing of music or creation of 

other noises of a decibel level high 

enough to be heard outside of the USNA 

is prohibited.

§ 500.6 Gambling. 

Participating in games for money or 

other personal property, or the 

operation of gambling devices, the 

conduct of a lottery or pool, or the 

selling or purchasing of numbers tickets, 

in or on USNA property, is prohibited.

§ 500.7 Intoxicating beverages and 

narcotics. 

(a) Entering USNA property or the 

operation of a motor vehicle thereon, by 

a person under the influence of 

intoxicating beverages or a narcotic 

drug, is prohibited. 

(b) Except as provided in subpart B, 

possession of or consumption of 

intoxicating beverages on USNA 

property is prohibited. 

(c) The sale of alcoholic beverages on 

the grounds of the USNA is prohibited. 

(d) The possession of or use of 

narcotic drugs on the grounds of the 

USNA is prohibited.

§ 500.8 Soliciting, vending, debt collection, 

and distribution of handbills. 

(a) The following activities are 

prohibited on USNA grounds: 

(1) Soliciting of alms or contributions; 

(2) Display or distribution of 

commercial advertising; 

(3) Collecting private debts; 

(4) Campaigning for election to any 

office; 

(5) Soliciting and vending for 

commercial purposes (including, but 

not limited to, the vending of 

newspapers, and other publications); 

(6) Soliciting signatures on petitions, 

polls, or surveys (except as authorized 

by the USNA); and 

(7) Impeding ingress to or egress from 

the USNA are prohibited. 

(b) Distribution of material such as 

pamphlets, handbills, and flyers is 

prohibited without prior approval of the 

Director, USNA. 

(c) The prohibitions in paragraphs (a) 

and (b) of this section do not apply to: 

(1) Commercial or nonprofit activities 

performed under contract or concession 

with the USNA or pursuant to the 

provisions of the Randolph Sheppard 

Act; 

(2) The solicitation of USNA 

personnel for contributions for the 

Combined Federal Campaign (CFC); 

(3) National or local drives for funds 

for welfare, health, and other purposes 

sponsored or approved by the 

Agricultural Research Service; or 

(4) Personal notices posted by 

employees on authorized bulletin 

boards.

§ 500.9 Photographs for news, advertising, 

or commercial purposes. 

Photographs for news purposes may 

be taken at the USNA without prior 

permission. Photographs for advertising 

and commercial purposes may be taken, 

but only with the prior approval of the 

Director, USNA and fees may be 

charged pursuant to § 500.23.

§ 500.10 Pets. 

Pets brought upon USNA property 

must have proper vaccinations and, 

Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Proposed Rules 75883

except assistance trained animals, must 

be kept on leash at all times. The release 

or abandonment of fish, plants, and 

animals of any kind on USNA grounds 

is prohibited.

§ 500.11 Vehicular and pedestrian traffic. 

(a) Drivers of all vehicles in or on 

USNA property shall drive only on 

established roads, shall drive in a 

careful and safe manner at all times, and 

shall comply with the signals and 

directions of the Security Staff and all 

posted traffic signs. 

(b) The blocking of entrances, 

driveways, walks, loading platforms, or 

fire hydrants, and parking in designated 

no parking areas in or on USNA 

property is prohibited. 

(c) Except in emergencies, parking in 

or on USNA property in other than 

designated areas is not allowed without 

a permit. Parking without authority, 

parking in unauthorized locations or in 

locations reserved for other persons, or 

contrary to the direction of posted signs, 

is prohibited. 

(d) USNA approval is required for all 

vehicles needed for access setup and 

breakdown activities relating to special 

events, ceremonies, or related activities. 

Off-road routes will be determined by 

the USNA.

(e) In addition to the penalties 

provided in § 500.15, vehicles parked in 

violation of this section are subject to 

being towed and the cost of such towing 

being assessed to the owner of such 

vehicle. 

(f) This section may be supplemented 

from time to time, by the issuance and 

posting of specific traffic directives as 

may be required, and when so issued 

and posted such directives shall have 

the same force and effect as if 

incorporated in this subpart.

§ 500.12 Weapons and explosives. 

(a) No person while in or on USNA 

property shall carry firearms, other 

dangerous or deadly weapons, or 

explosives, either openly or concealed, 

except for authorized official purposes. 

(b) No person while in or on the 

USNA shall ignite fireworks or other 

pyrotechnical devices.

§ 500.13 Nondiscrimination. 

The USNA is subject to the policy of 

nondiscrimination in programs or 

activities conducted by the United 

States Department of Agriculture as set 

forth in 7 CFR part 15d.

§ 500.14 Exceptions. 

The Administrator, Agricultural 

Research Service, may in individual 

cases make prior, written exceptions to 

the rules and regulations in this part if 

it is determined to be not adverse to the 

public interest.

§ 500.15 Penalties and other law. 

Whoever shall be found guilty of 

violating the rules and regulations in 

this subpart is subject to fine under title 

18, United States Code, or 

imprisonment of not more than 30 days, 

or both (see 40 U.S.C. 1315(c)). Nothing 

contained in the rules and regulations in 

this part shall be construed as 

abrogating or authorizing the abrogation 

of any other regulations or any Federal 

law or any laws and regulations of the 

District of Columbia that may be 

applicable.

Subpart B—Fee Schedule for Certain 

Uses of National Arboretum Facilities 

and Grounds.

Sec. 

500.20 Scope. 

500.21 Fee schedule for tram and tours. 

500.22 Fees and conditions for use of 

facilities and grounds. 

500.23 Fees for photography and 

cinematography on grounds. 

500.24 Fee schedule. 

500.25 Payment of fees.

§ 500.20 Scope. 

This subpart sets forth schedules of 

fees for temporary use by individuals or 

groups of United States National 

Arboretum (USNA) facilities and 

grounds. This subpart 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.

§ 500.21 Fee schedule for tram and tours. 

The USNA provides tours of the 

USNA grounds in a 48-passenger tram 

(accommodating 2 wheelchairs). The fee 

is as follows: $4.00 per adult, $3.00 per 

senior citizen or Friend of the National 

Arboretum, and $2.00 per child ages 4 

through 16. Children under 4 sharing a 

seat with an adult will not be charged. 

Pre-scheduled tram tours for groups 

may be arranged for a set fee of $125.00. 

Additionally, a tour guide may be prearranged to provide a non-tram tour for 

the fee of $50 per hour. Promotional 

programs offering discounted fees for 

these programs may be instituted at the 

discretion of the USNA. Payment for use 

of the tram is due at the time of ticket 

purchase. Payment for pre-scheduled 

tram tours must be made at least two 

weeks in advance. Payment for prescheduled, non-tram guided tours must 

be made at least two weeks in advance 

of the tour date.

§ 500.22 Fees and conditions for use of 

facilities and grounds. 

(a) Fee requirement. (1) The USNA 

will charge a fee for temporary use by 

individuals or groups of USNA facilities 

and grounds. Fees for specific sites are 

listed in § 500.24. 

(2) Non-profit scientific or 

educational organizations whose 

purposes and interests are 

complementary to the mission of the 

USNA and which substantially support 

the mission and purpose of the USNA 

(e.g., Friends of the National Arboretum) 

may be exempted from the fee for use 

of USNA facility or grounds 

requirement of this subpart by the 

Director, but still must reimburse the 

USNA for its costs, including setup, 

clean-up, security, and other costs as 

applicable. 

(3) A Half Day usage is defined as 4 

hours or less; a Whole Day is defined as 

more than 4 hours in a day. In all cases, 

usage includes all time during which a 

venue is committed, including time 

used to set up before and clean up after 

an event. For after-hours usage of sites 

or facilities, an additional $40/hour will 

be added for supervision/security, with 

higher amounts required for sites or 

facilities that are more sensitive. 

(b) Reservations. (1) The USNA will 

be available only on a limited basis at 

the discretion of the Director of the 

USNA, and not during public access 

hours, during the peak visitation 

weekends in April, May, and October. 

(2) Facilities and grounds are 

available by reservation at the discretion 

of the USNA and may be available to 

individuals or groups for uses that are 

consistent with the mission of the 

USNA. Agency initiatives may be 

granted first priority. Offices and 

hallways beyond secured doors will not 

be available for use. 

(3) Reservations to use USNA 

facilities and grounds may be made 

directly with the USNA. To ensure 

consideration, reservation requests 

should be made as far in advance of the 

need as possible with a minimum of 30 

calendar days prior to the date of use 

required for all reservations. 

(4) The USNA will respond to 

reservation requests within 10 working 

days with information as to whether the 

requested site is available for use. The 

USNA will also give notice to the 

prospective user of any planned 

activities (construction, maintenance, 

pesticide applications, and any similar 

75884 Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Proposed Rules 

activities) that might affect the planned 

use or event. 

(5) A 50% non-refundable deposit 

will be due at the time of a booking in 

order to reserve a specific date and 

location. The remaining 50% is due five 

working days prior to the event. 

(c) Terms and conditions of use. (1) 

The USNA provides space, water, and 

electrical hookup when available, and 

restrooms where available. Users must 

provide all tents, tables, chairs, trash 

receptacles, or other property required 

for the scheduled event. Users must 

remove all trash from the property at the 

conclusion of the event. Users must 

remove all tents, tables and chairs and 

other property no later than 5:00 p.m. of 

the day following the event. The USNA 

will charge a facility use and break 

down fee of $500.00 per day for each 

day following the deadline to remove 

temporary facilities and equipment. The 

USNA will not store temporary facilities 

or equipment for users. 

(2) Users must abide by USNA vehicle 

regulations in § 500.11 including the 

requirement to obtain USNA approval 

whenever off road access is required for 

setup. 

(3) The USNA will not assume any 

responsibility for last minute changes 

due to failure of current mechanical 

systems, severe storms and other 

weather events, emergencies relating to 

security and safety. 

(4) Some events that involve bringing 

animals and certain plants onto the 

USNA property may not be compatible 

with the plant research, display, and 

education mission of the USNA. Such 

events will be evaluated on a case-bycase basis and exceptions may be made 

by the Director of the USNA. 

(5) Music and bands will be permitted 

but the decibel level of music should 

not be loud enough to be heard outside 

the boundaries of the USNA. 

(6) In the event of building, property 

or grounds damage or excessive 

cleaning requirements, charges will be 

billed and will be due within 30 days 

of billing. Damages to plants, grounds, 

facilities or equipment will be assessed 

on a value based on replacement cost, 

including labor, plus a 10% 

administrative fee.

(7) Upon prior request, the Director 

may approve the consumption of beer 

and wine during uses of USNA pursuant 

to this section. Such permission will not 

be granted during times when USNA is 

open to the public. Director approval 

shall be conditioned upon compliance 

by users and by any of their agents or 

contractors, with all applicable 

provisions of the District of Columbia 

Code governing sale and consumption 

of alcoholic beverages, including the 

rules of the District of Columbia 

Department of Consumer Affairs, 

Alcoholic Beverage Regulation 

Administration. 

(8) All users of the USNA pursuant to 

this subpart, as well as all those 

contracting with such users of the 

USNA, shall comply with all Federal 

and local laws. 

(9) The USNA is a Federal property 

under the jurisdiction of the United 

States Department of Agriculture. All 

activities are subject to Federal rules 

and regulations governing the use of 

public buildings and grounds. 

(10) The USNA will not be 

responsible for any damage or loss 

suffered by an individual, group, or 

their contractor during a permitted 

event at the USNA. 

(11) The Director may impose 

additional incidental terms and 

conditions concerning the use of the 

USNA facilities consistent with this 

part.

§ 500.23 Fees 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 as specified in § 500.24. 

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. The USNA 

will charge for supervision costs at the 

rate of $40.00 per hour, in addition to 

the fees listed below. 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. The USNA will charge a nonrefundable application fee of $30 for 

commercial photography or 

cinematography. If the application is 

approved and fees will be incurred, the 

application fee will be applied to the 

total fee due. No other credits will be 

given for the application fee. 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.

§ 500.24 Fee Schedule.

Event by category Fee* Unit Notes 

USNA Terrace .................................................. $12,000 ...................... Per Day ...................... Up to 240 seated or 300 standing. 

USNA Herb Garden ......................................... 10,000 ........................ Per Day ...................... Entrance Circle, Rose and Knot Garden: Up 

to 48 seated or 100 standing; cannot be 

tented Specialty Garden: Up to 200 standing; may not be tented. 

USNA Meadow ................................................. 15,000 ........................ Per Day ...................... Up to 600 seated or 1000 standing. 

USNA Administration Building Lobby ............... 2,000 .......................... Per Day ...................... Up to 150 standing. 

USNA Auditorium ............................................. 2,500 .......................... Per Day ...................... Up to 120 seated or 200 standing. 

Friendship Garden ............................................ 1,000 .......................... Per Day ...................... Up to 60 seated or 100 standing. 

National Capitol Columns ................................. 10,000 ........................ Per Day ...................... Up to 190 seated or 400 standing; cannot be 

tented; includes night lighting of columns. 

Bonsai Museum International Pavilion and 

Upper Courtyard.

10,000 ........................ Per Day ...................... Up to 120 seated or 200 standing. 

Bonsai Museum Chinese Pavilion ................... 10,000 ........................ Per Day ...................... Up to 50 seated or 100 standing. 

Dogwood Collection Allee & Circle .................. 3,000 .......................... Per Day ...................... Up to maximum of 150 people at event; reserved for marriage ceremonies and accompanying receptions only. 

M Street Picnic Area ........................................ 5,000 .......................... Per Day ...................... Up to 200 seated or standing; paved or 

grassy areas can be tented. 

Classroom ........................................................ 125 .............................

50 ...............................

Per Day ......................

Per Half Day. 

Standard set-up with 40 chairs; includes 

microphone/lectern, screen, projection 

stand, two flip charts (no paper) and 

trashcan. 

Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Proposed Rules 75885

Event by category Fee* Unit Notes 

Still Photography: 

Individual ................................................... No Charge .................. ..................................... For personal use only; includes hand-held 

cameras, recorders and small non-commercial tripods. 

Commercial ............................................... $30 ............................. Application Fee .......... All. professional photography; photographs 

for which a fee will be received or which 

are for other than personal use. 

$250 plus Supervisor Per Half Day. 

Cinematography: 

Set Preparation ......................................... 30 ...............................

$250 plus Supervision 

Application Fee ..........

Per Whole Day. 

Set up; no filming. 

Filming ....................................................... $1,500 to $3,900 ........ Per Whole Day ........... Sliding scale based on number of people in 

cast and crew and number of pieces of 

equipment from 45 people and 6 pieces of 

equipment = $1,500 to 200 people = 

$3,900; 5 people with carry on equipment 

= same as still photography. 

Slide Production ............................................... $100 ........................... Per Image ................... Purchase of USNA photos/slides. 

*Fees includes only access to sites; additional security charges may be necessary depending upon the site and the number of people 

participating. 

§ 500.25 Payment of fees. 

(a) Unless provided otherwise, all 

payments due under this subpart must 

be made by cash, check, or money order 

(in U.S. funds). Checks and money 

orders for payment of any fees imposed 

under this part are to be made payable, 

in U.S. funds, to the ‘‘U.S. National 

Arboretum.’’ The USNA may provide 

receipts to requesters for their records or 

billing purposes. If the USNA enters 

into an agreement to allow USNA 

visitors and users to make payment in 

the form of a credit card, USNA visitors 

and users who are assessed user fees 

may pay those fees with a credit card 

subject to the terms and conditions of 

such agreement. 

(b) Any fees that become past due 

shall be collected in accordance with 7 

CFR part 3.

Done at Washington, DC, this 17th day of 

November, 2004. 

Edward B. Knipling, 

Administrator, Agricultural Research Service.

[FR Doc. 04–27394 Filed 12–17–04; 8:45 am] 

BILLING CODE 3410–03–P

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 226 

[AID Reg 226] 

RIN 0412–AA55 

Administration of Assistance Awards 

to U.S. Non-Governmental 

Organizations; Marking Requirements

AGENCY: United States Agency for 

International Development.

ACTION: Notice of proposed rulemaking.

SUMMARY: USAID proposes to amend the 

primary regulation governing 

administration of USAID funded 

assistance awards, by adding a 

provision requiring marking with the 

USAID Standard Graphic Identity, of 

commodities, programs, projects, 

activities and public communications 

implemented under USAID funded 

assistance awards or subawards. While 

USAID currently requires its contractors 

to mark US-funded foreign assistance, 

that requirement does not apply to 

assistance awards. The purpose of this 

proposed regulatory addition is to 

extend USAID marking requirements to 

assistance awards in order to bring 

USAID regulations in line with section 

641 of the Foreign Assistance Act of 

1961, as amended, which requires that 

‘‘[p]rograms under this Act shall be 

identified appropriately overseas as 

‘American Aid,’ ’’ as well as to advance 

the Administration’s efforts to ensure 

that aid recipients overseas understand 

that all aid, including assistance awards, 

is foreign assistance from the American 

taxpayer.

DATES: Submit comments on or before 

February 3, 2005.

ADDRESSES: Because security screening 

precautions have slowed the delivery 

and dependability of surface mail to 

USAID/Washington, USAID 

recommends sending all comments by 

electronic mail or by fax to the e-mail 

address or fax number listed directly 

below (please note, all comments must 

be in writing to be reviewed). 

Electronic Access and Filing. You 

may submit written electronic 

comments by sending electronic mail [email] to: markingnprm@usaid.gov.

Please submit comments as a Microsoft 

Word file avoiding the use of any 

special characters and any form of 

encryption. 

FAX. You may submit written 

comments by FAX to 202–216–3058, 

addressed to: ‘‘C/O John Niemeyer, 

Attorney Advisor, Office of the General 

Counsel, USAID/Washington.’’

Surface Mail (again, not advisable due 

to security screening): John Niemeyer, 

Attorney Advisor, Office of the General 

Counsel, Room 6.6.34, USAID/

Washington, 1300 Pennsylvania 

Avenue, NW., Washington, DC 20523.

FOR FURTHER INFORMATION CONTACT: John 

Niemeyer, telephone (202) 712–4776;

e-mail markingnprm@usaid.gov.

SUPPLEMENTARY INFORMATION: This 

proposed rule has been reviewed by the 

Office of Management and Budget 

(OMB). The period for comments has 

been established at forty-five (45) days 

due to the urgency and high visibility of 

United States Government public 

diplomacy initiatives, and the shortness 

and lack of complexity of the proposed 

rule. 

Background 

The marking of foreign aid as foreign 

assistance from the American taxpayer 

was first required during the Marshall 

Plan when Congress became concerned 

that the Soviet Union was taking credit 

for the poorly marked U.S. foreign aid 

donations to European countries. 

USAID’s framework legislation, the 

Foreign Assistance Act of 1961, as 

amended, section 641 requires that all 

programs, including assistance awards, 

be identified appropriately overseas as 

‘‘American aid.’’ While USAID has 

required its contractors to mark USfunded foreign assistance, that 

requirement has not been extended to 

assistance awards. A recent State 

Department report, ‘‘Changing Minds,