This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

46431

Vol. 62, No. 170

Wednesday, September 3, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

7 CFR Part 500

National Arboretum

AGENCY: Agricultural Research Service;

USDA.

ACTION: Final rule.

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 §§ 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
46432 Federal Register / Vol. 62, No. 170 / Wednesday, September 3, 1997 / Rules and Regulations

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.

§ 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.

§ 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.

§ 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.

Area Includes

Per day charge

Half day Whole day

Auditorium ................... Basic audience-style set-up for 125 people or 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

N/A $250

Upstairs Conference

Room.

(Only if Auditorium is not in use) ............................................................................................

Includes use of telephone for local calls. Also includes the use of the Kitchen space and

Coat Room.

$50 100

Lobby .......................... As is (with furniture in place) .................................................................................................. N/A 100

Furniture removed .................................................................................................................. .................... 150

Classroom ................... Standard set-up with 40 chairs. Includes microphone/lectern, screen, projection stand, (2)

flip charts (no paper) and trash can.

50 125

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 only ........................................................... 50 125

Grounds—1–301 people.No Public Invited—Patio, Meadow, Triangle, NY Avenue, etc. Cost includes scheduling

time, extra mowing, and site preparation..

Guest organization responsible for everything related to their event, including portable toilets.

N/A 500

300–600 people .......... Same as above ....................................................................................................................... N/A 750

Grounds ...................... Public Invited (i.e., show or sale)—Cost includes scheduling time, extra mowing, and site

preparation. Guest organization responsible for everything related to their event, including portable toilets..

N/A 750
Federal Register / Vol. 62, No. 170 / Wednesday, September 3, 1997 / Rules and Regulations 46433

Area Includes

Per day charge

Half day Whole day

Damages .................... Damages to plants, grounds, facilities or equipment will be assessed on a value based on replacement cost (including

labor) plus 10% (administrative fee).

§ 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.

Category Type Notes

Per day charge

Half day Whole day

Still Photography ......... Individual ................. For personal use only. Includes hand-held

cameras, recorders, small non-commercial tripods.

No Charge ........ No Charge

Commercial ............. Includes all 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.

$250 plus Supervisor.$500 plus Supervisor

Cinematography .......... Set Preparation ....... Set up sets; no filming performed ............... N/A ................... $250 plus Supervision

Filming ..................... Sliding scale based on 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.

........................... $1,200 to $3,900

Strike Set ................. Take down sets, remove equipment; no

filming.

N/A ................... $250 plus Supervision

Music Videos ........... No sound involved; smaller operation ......... N/A ................... $1,000 plus Supervision

Slide Production .......... .................................. Providing USNA photos/slides for use in

promotions/advertisements. Fee is for

one-time rights.

........................... $100 per image to reproduce

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.

...........................

§ 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

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 7, 10, 148 and 178

[T.D. 97–75]

RIN 1515–AB14

Duty-Free Treatment of Articles

Imported From U.S. Insular

Possessions

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document adopts as a

final rule, with some modifications,

proposed amendments to the Customs

Regulations to clarify and update the

legal requirements and procedures that

apply for purposes of obtaining dutyfree treatment on articles imported from