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,

75886 Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Proposed Rules 

Winning Peace: a New Strategic 

Direction for U.S. Public Diplomacy in 

the Arab World,’’ both commends and 

encourages USAID to continue to 

‘‘become more forthright about branding 

its activities, so recipients know that 

they are receiving contributions from 

the American People.’’ The American 

People, through USAID, provide billions 

of dollars of foreign assistance every 

year in the form of grants and 

cooperative agreements for which 

marking has not been required and for 

which the United States Government 

and the American taxpayer generally 

receive no acknowledgement or credit. 

The proposed rule is intended to ensure 

that the United States Government and 

American taxpayer receive credit for 

funding assistance awards by requiring 

recipients of USAID-funded assistance 

awards to mark USAID funded 

commodities, programs, projects, 

activities and public communications 

with the USAID Standard Graphic 

Identity. 

As set forth below, marking is 

encouraged but not required when 

USAID is funding less than 10% of the 

total cost and the total cost is less than 

$3,000,000; marking of a size and 

prominence equal to that of other 

donors is required when USAID is 

funding more than $300,000 dollars or 

10% to 49% of the total cost; and 

marking requirements are fully 

applicable when USAID is funding 50% 

or more of the total cost. In order to 

ensure that marking is done in a safe 

manner, USAID mission directors in the 

field are authorized to waive marking 

requirements if USAID-required 

marking would pose compelling 

political, safety or security concerns. All 

mission director decisions concerning 

waivers will be made on the basis of the 

same political, safety or security 

information used in decisions about the 

safety and security of United States 

Government employees in the host 

country (the so-called ‘‘no double 

standard’’ policy). USAID contractors 

have been marking USAID funded 

commodities, programs, projects and 

activities for years without any safety 

issues to date. 

Also as set forth below, USAID also 

encourages, but does not require, 

recipients of assistance awards to permit 

use the USAID logo on employee 

business cards and other personally 

identifying material, so long as such 

employees do not identify themselves as 

employees of USAID, the United States 

Government, or the United States 

Government diplomatic mission, and do 

not claim any diplomatic privileges and 

immunities. USAID takes the following 

action as part of the effort to ensure that 

the American people are credited for 

their generosity in providing assistance, 

and to improve the United States 

Government’s public diplomacy.

List of Subjects in 22 CFR Part 226 

Foreign aid, Non-profit organizations.

For the reasons set forth above, 

USAID proposes to amend 22 CFR part 

226 as follows:

PART 226—ADMINISTRATION OF 

ASSISTANCE AWARDS TO U.S. NONGOVERNMENTAL ORGANIZATIONS 

1. The authority citation for part 226 

is revised to read as follows:

Authority: 22 U.S.C. 2381(a) and 2401.

2. Amend § 226.2 by adding the 

following definitions:

§ 226.2 Definitions

* * * * *

Commodities means any material, 

article, supply, goods or equipment.

* * * * *

Public communications include, but 

are not limited to, studies, reports, 

audio visual productions and other 

informational products; applications, 

forms, press and promotional materials 

used in connection with USAID funded 

programs, projects or activities, 

including signage and plaques; Web 

sites/Internet activities; and events such 

as training courses, conferences, 

seminars, press conferences and the 

like.

* * * * *

Standard graphic identity (Identity) 

means the USAID logo and brandmark, 

which will be provided free of charge to 

recipients of USAID funded grants or 

cooperative agreements or other 

assistance awards or subawards.

* * * * *

USAID Partner Branding Guide means 

a separate, USAID produced publication 

that will be provided free of charge to 

recipients of USAID funded grants or 

cooperative agreements or other 

assistance awards or subawards, and 

which details branding guidelines for 

USAID funded commodities, programs, 

projects, activities and public 

communications. 

3. Add § 226.91 to subpart F, to read 

as follows:

§ 226.91 Marking. 

(a) USAID policy is that all 

commodities, programs, projects, 

activities and public communications 

funded by a USAID funded grant or 

cooperative agreement or other 

assistance award or subaward must be 

marked appropriately with the USAID 

Identity as follows: 

(1) If USAID is funding less than 10% 

of the total cost of the program, project, 

activity or public communication and 

the total cost is less than $3,000,000 as 

determined by USAID, marking is 

recommended but not required; 

(2) If USAID is funding more than 

$300,000 dollars or 10% to 49% of the 

total cost of the program, project, 

activity or public communication as 

determined by USAID, that program, 

project, activity or public 

communication must be marked 

appropriately with the USAID Identity 

of a size and prominence at least 

equivalent to that of any marking of any 

other donor or implementing partner of 

the USAID partially funded program, 

project, activity or public 

communication, as set forth in the 

USAID Partner Branding Guide to be 

provided free of charge to the recipient 

of a USAID funded grant or cooperative 

agreement or other assistance award or 

subaward; and 

(3) If USAID is funding 50% or more 

of the total cost of the program, project, 

activity or public communication as 

determined by USAID, USAID marking 

requirements apply to their full extent, 

as set forth in the USAID Partner 

Branding Guide to be provided free of 

charge to the recipient of a USAID grant 

or cooperative agreement or other 

assistance award or subaward. These 

requirements ‘‘flow down’’ to recipients 

of subawards. 

(b) All commodities financed by 

USAID, including commodities or 

equipment provided under 

humanitarian assistance or disaster 

relief programs, and all other 

equipment, supplies and other materials 

funded by USAID, and their export 

packaging, must be marked 

appropriately with the USAID Identity. 

(c) Program, project or activity sites 

funded by USAID, including visible 

infrastructure projects (roads, bridges, 

buildings, houses) or other programs, 

projects, activities which are physical in 

nature (agriculture, forestry, water 

management), must be marked 

appropriately with the USAID Identity. 

Temporary signs or plaques should be 

erected early in the construction or 

implementation phase. When 

appropriate, a permanent sign, plaque or 

other marking must be installed. 

(d) Technical assistance, studies, 

reports, audio visual productions and 

other promotional or informational 

products, and Web sites/Internet 

activities funded by USAID must be 

marked appropriately with the USAID 

Identity and must contain the following 

disclaimer:

This study/report/audio/visual product has 

been produced, and/or its

Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Proposed Rules 75887

contents created, with the financial 

assistance of USAID. The contents of this 

study/report/audio/visual product are the 

responsibility of <name of organization> and 

do not necessarily reflect the views of USAID 

or the United States Government.

(e) Events financed by USAID such as 

training courses, conferences, seminars, 

exhibitions, fairs, workshops, press 

conferences and other public 

communications, must be marked 

appropriately with the USAID Identity. 

Unless directly prohibited and as 

appropriate to the surroundings, 

recipients should display additional 

materials such as signs and plaques 

with USAID and United States 

Government symbols. In circumstances 

in which the USAID identity cannot be 

displayed visually, recipients are 

encouraged to otherwise acknowledge 

USAID funding and support. 

(f) USAID Mission Directors may 

waive USAID marking requirements for 

each USAID funded commodity, 

program, project, activity or public 

communication, or in exceptional 

circumstances may make a blanket 

waiver by sector, region or country, for 

up to six months from the date of the 

waiver, if the Mission Director 

determines that otherwise USAIDrequired marking would pose 

compelling political, safety or security 

concerns. The waiver determination 

must be made in a manner 

commensurate with the United States 

Government’s ‘‘no double standard’’

policy, i.e., on the basis of the same 

information that applies to 

determinations of the safety and 

security of U.S. Government employees 

in the host country. When making a 

waiver determination, Mission Directors 

should consider whether or not to 

recommend to USAID contractors, 

grantees and other partners that in 

addition, they remove their 

organization’s own logos or markings, as 

part of the determination of the 

existence of compelling political, safety, 

or security concerns. Waiver 

determinations may be extended beyond 

the initial six months after mission 

director consultation with the 

responsible USAID Assistant 

Administrator.

(g) The USAID Partner Branding 

Guide, specific marking instructions, 

and information about Mission Director 

approved waivers (if any) may be 

obtained from the Cognizant Technical 

Officer or the Agreements Officer, who 

will consult with award recipients on 

USAID marking requirements after the 

making of an award. Recipients of 

USAID-funded grant or cooperative 

agreement or other assistance award or 

subaward should retain copies of any 

specific marking instructions or waivers 

in their project, program or activity files. 

Cognizant Technical Officers will be 

assigned responsibility to monitor 

marking requirements. 

(h) The marking provision is a 

material provision of USAID grants or 

cooperative agreements or other 

assistance awards or subawards. In 

cases where the marking requirements 

have not been complied with, the 

Agreements Officer will initiate 

corrective action. Such action may 

involve informing the recipient of a 

USAID grant or cooperative agreement 

or other assistance award or subaward 

of instances of noncompliance and 

requesting that it carry out its 

responsibilities as set forth in this 

provision. Major or repeated noncompliance with the marking 

requirements will trigger a notice of 

non-compliance with a material 

provision of the USAID grant or 

cooperative agreement or other 

assistance award or subaward and an 

opportunity to cure promptly, with 

possible termination if the recipient 

does not address the material 

noncompliance with marking 

requirements. 

(i) Non-retroactivity: These marking 

requirements apply to any obligation of 

USAID funds, including incremental 

funding, as of [USAID will insert the 

effective date of this provision in the 

final rule]. In the event of a waiver of 

marking requirements, the marking 

requirements shall apply from the date 

forward that the waiver is rescinded. In 

the event of the rescinding of a waiver 

after the completion of USAID funded 

programs, projects, activities or public 

communications, the USAID mission or 

operating unit with initial responsibility 

to administer the marking requirements 

shall make a cost benefit analysis as to 

requiring USAID marking requirements 

after the completion of the affected 

programs, projects, activities or public 

communications. 

(j) The USAID Identity, the USAID 

Partner Branding Guide, and other 

marking materials and guidance will be 

provided at no cost to recipients of 

USAID grants, cooperative agreements 

or other assistance awards or 

subawards. Additional costs associated 

with marking requirements will be met 

by USAID if reasonable, allowable and 

allocable under the cost principles of 

OMB Cost Circular A–110. The standard 

cost reimbursement provisions of the 

grant, cooperative agreement, other 

assistance award or subaward should be 

followed when applying for 

reimbursement of additional marking 

costs. 

(k) If recipients of USAID grants or 

cooperative agreements or other 

assistance awards or subawards permit 

their employees to engage in public 

speaking, writing, teaching or 

promotion efforts such as press 

conferences concerning the USAID 

funded program, project, activity or 

public communication, such recipients 

must have an organizational policy that 

requires the organization and all its 

employees to state that they are not 

representing USAID or the United States 

Government and that their public 

speaking, writing, teaching or 

promotional efforts do not necessarily 

reflect the views of USAID or of the 

United States Government. 

(l) If recipients of USAID funded 

grants and cooperative agreements or 

other assistance awards or subawards 

have an organizational policy permitting 

employee use of the USAID Standard 

Graphic Identity on business cards or 

other personally identifying material, 

such a policy must require employee 

business cards or other personally 

identifying material to bear the USAID 

Identity along with the legend ‘‘USAID 

grantee,’’ while prohibiting employees 

from claiming status as a USAID 

employee, United States Government 

employee, or member of the United 

States diplomatic mission.

Dated: December 15, 2004. 

Fred W. Schieck, 

Deputy USAID Administrator.

[FR Doc. 04–27791 Filed 12–17–04; 8:45 am] 

BILLING CODE 6116–01–P

DEPARTMENT OF THE TREASURY

Office of the Secretary 

31 CFR Part 10 

[REG–159824–04] 

RIN 1545–BE13 

Regulations Governing Practice Before 

the Internal Revenue Service

AGENCY: Office of the Secretary, 

Treasury.

ACTION: Notice of proposed rulemaking 

and notice of public hearing. 

SUMMARY: This notice proposes 

amendments to the regulations 

governing practice before the Internal 

Revenue Service (Circular 230). These 

regulations affect individuals who are 

eligible to practice before the IRS. The 

proposed modifications set forth 

standards for State or local bond 

opinions. This document also provides 

notice of a public hearing regarding the 

proposed regulations.