[Federal Register Volume 62, Number 170 (Wednesday, September 3, 1997)]
[Rules and Regulations]
[Pages 46431-46433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23217]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

[[Page 46431]]


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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 Secs. 500.22 and 500.23 
which contain information collection requirements and will not be 
effective until approval by the Office of Management and Budget. The 
Agriculture Department will publish a document in the Federal Register 
announcing the effective date of these sections.

ADDRESSES: Address all correspondence to Thomas S. Elias, Director, 
U.S. National Arboretum, Beltsville Area, Agricultural Research 
Service, 3501 New York Avenue, NE., Washington, D.C. 20002.

FOR FURTHER INFORMATION CONTACT:
Director, National Arboretum, Beltsville Area, ARS, 3501 New York 
Avenue, NE., Washington, D.C. 20002; (202) 245-4539.

SUPPLEMENTARY INFORMATION: This rule was published as a proposed rule 
for comment on June 19, 1997 (62 FR 33376). No comments were received. 
Accordingly, the proposed rule is published as the final rule without 
changes.

Classification

    This rule has been reviewed under Executive Order 12866, and it has 
been determined that it is not a ``significant regulatory action'' rule 
because it will not have an annual effect on the economy of $100 
million or more or adversely and materially affect a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities. This rule will not create any serious inconsistencies or 
otherwise interfere with actions taken or planned by another agency. It 
will not materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof, and does not raise novel legal or policy issues 
arising out of legal mandates, the President's priorities, or 
principles set forth in Executive Order 12866.

Regulatory Flexibility Act

    The Department of Agriculture certifies that this rule will not 
have a significant impact on a substantial number of small entities as 
defined in the Regulatory Flexibility Act, Pub. L. No. 96-354, as 
amended (5 U.S.C. 601, et seq.).

Paperwork Reduction Act

    In accordance with the Office of Management and Budget (OMB) 
regulations (5 CFR part 1320) which implement the Paperwork Reduction 
Act of 1995 (44 U.S.C. chapter 35), the information collection and 
recordkeeping requirements that will be imposed in implementation of 
this rule have been submitted to OMB for approval. Those requirements 
will not become effective prior to OMB approval.

Background

    Section 890(b) of the Federal Agriculture Improvement and Reform 
Act of 1996, Pub. L. 104-127 (1996 Act), expands the authorities of the 
Secretary of Agriculture to charge reasonable fees for the use of USNA 
facilities and grounds. These new authorities include the ability to 
charge fees for temporary use by individuals or groups of USNA 
facilities and grounds in furtherance of the mission of the USNA. Also, 
authority is provided to charge fees for the use of the USNA for 
commercial photography and cinematography. All rules and regulations 
noted in 7 CFR 500, subpart A, Conduct on the U.S. National Arboretum 
Property, will apply to individuals or groups granted approval to use 
the facilities and grounds.

Fee Schedule for Tram

    The USNA has purchased a 48-passenger tram (which accommodates 2 
wheelchairs) to provide mobile tours throughout the USNA grounds. This 
rule establishes a fee to be charged to all riders except children 
under 4 sharing a seat with an adult. Fee amounts were determined after 
a survey of similar services provided by other Arboreta and Botanical 
Gardens. Fees generated will be used to offset costs or for the 
purposes of promoting the mission of the USNA.

Fee Schedule for Use of Facilities and Grounds

    The USNA will charge a fee for temporary use by individuals or 
groups of USNA facilities and grounds. The fees have been established 
based on actual costs (i.e., electricity, heating, water, maintenance, 
security, scheduling, etc.). Facilities and grounds are available by 
reservation at the discretion of the USNA and may be available to 
individuals or groups in furtherance of the mission of the USNA. Agency 
initiatives may be granted first priority. Reservation requests should 
be made as far in advance of the need as possible to ensure 
consideration.

Fee Schedule for Use of Facilities and Grounds for Purposes of 
Photography or Cinematography

    The USNA will charge a fee for the use of the facility or grounds 
for purposes of commercial photography or cinematography. The fees have 
been established based on comparable opportunities provided by other 
Arboreta and Botanical Gardens across the nation. Facilities and 
Grounds are

[[Page 46432]]

available for use for commercial photography or cinematography at the 
discretion of the USNA Director. Requests for use should be made a 
minimum of two weeks in advance of required date. The USNA does not 
intend to charge fees to the press for photography or cinematography 
related to stories concerning the USNA and its mission or for other 
noncommercial, First Amendment activity.

Payment Submission Requirements

    Payment for use of the tram will be made by cash or money order (in 
U.S. funds) and is due at the time of ticket purchase. Fee payments for 
use of facilities or grounds or for photography and cinematography must 
be made in advance of services being rendered. These payments are to be 
made in the form of a check or money order. Checks and money orders are 
to be made payable, in U.S. funds, to the U.S. National Arboretum. The 
USNA will provide receipts to requestors for their records or billing 
purposes.

List of Subjects in 7 CFR Part 500

    Agricultural research, Cinematography, Federal buildings and 
facilities, Government property, National Arboretum, Photography, User 
fees.

    For the reasons set out in the preamble, 7 CFR Part 500 is amended 
as set forth below:

PART 500--NATIONAL ARBORETUM

    1. The heading for Part 500 is revised as set forth above.
    2. The authority citation for part 500 is revised to read as 
follows:

    Authority: 20 U.S.C. 196; secs. 2, 4, 62 Stat. 281; sec. 103, 
63, Stat. 380; sec 205(d), 63 Stat. 389; 40 U.S.C. 318a, 318c, 
486(d), 753, 34 FR 6406; 34 FR 7389.

    3. Sections 500.1 through 500.15 are designated as subpart A and a 
subpart heading is added, to read as set forth below:

Subpart A--Conduct on U.S. National Arboretum Property

    4. A new subpart B is added to read as follows:

Subpart B--Fee Schedule for Certain Uses of National Arboretum 
Facilities and Grounds

Sec.
500.20  Scope.
500.21  Fee schedule for tram.
500.22  Fee schedule for use of facilities and grounds.
500.23  Fee schedule for photography and cinematography on grounds.
500.24  Payment of fees.


Sec. 500.20  Scope.

    The subpart sets forth schedules of fees for temporary use by 
individuals or groups of United States National Arboretum (USNA) 
facilities and grounds for any purpose that is consistent with the 
mission of the USNA. This part also sets forth schedules of fees for 
the use of the USNA for commercial photography and cinematography. Fees 
generated will be used to offset costs of services or for the purposes 
of promoting the mission of the USNA. All rules and regulations noted 
in 7 CFR 500, subpart A--Conduct on the U.S. National Arboretum 
Property, will apply to individuals or groups granted approval to use 
the facilities and grounds for the purposes specified in this subpart.


Sec. 500.21  Fee schedule for tram.

    The USNA provides tours of the USNA grounds in a 48-passenger tram 
(accommodating 2 wheelchairs) for a fee as follows: $3.00 per adult; 
$2.00 per senior citizen or Friend of the National Arboretum; $1.00 per 
child ages 4 through 16. Children under 4 sharing a seat with an adult 
will not be charged.


Sec. 500.22  Fee schedule for use of facilities and grounds.

    The USNA will charge a fee for temporary use by individuals or 
groups of USNA facilities and grounds. Facilities and grounds are 
available by reservation at the discretion of the USNA and may be 
available to individuals or groups whose purpose is consistent with the 
mission of the USNA. Agency initiatives may be granted first priority. 
Non profit organizations that substantially support the mission and 
purpose of the USNA may be exempted from the requirements of this part 
by the Director. Reservation requests should be made as far in advance 
of the need as possible to ensure consideration. The fees for use of 
USNA buildings listed in the following fee schedule are for times when 
the building is open. ``Half Day'' usage is defined as 4 hours or less; 
``Whole Day'' is defined as more than 4 hours in a day. For after hours 
usage of such buildings, an additional $25/hour will be added for 
supervision/security.

----------------------------------------------------------------------------------------------------------------
                                                                                             Per day charge     
                Area                                      Includes                     -------------------------
                                                                                          Half day    Whole day 
----------------------------------------------------------------------------------------------------------------
Auditorium..........................  Basic audience-style set-up for 125 people or             N/A         $250
                                       classroom set-up for 40-50 people. Includes                              
                                       microphone/lectern, screen, projection stand,                            
                                       (2) flip charts (no paper) and (2) trash cans.                           
                                       Also includes the use of the Kitchen space,                              
                                       Upstairs Conference Room, and Coat Room.                                 
                                      Extra tables are $10 each                                                 
Upstairs Conference Room............  (Only if Auditorium is not in use)..............          $50          100
                                      Includes use of telephone for local calls. Also                           
                                       includes the use of the Kitchen space and Coat                           
                                       Room.                                                                    
Lobby...............................  As is (with furniture in place).................          N/A          100
                                      Furniture removed...............................  ...........          150
Classroom...........................  Standard set-up with 40 chairs. Includes                   50          125
                                       microphone/lectern, screen, projection stand,                            
                                       (2) flip charts (no paper) and trash can.                                
Classroom-Multiple..................  3 hour limit; 5 sessions........................  ...........          225
                                      3 hour limit; 10 sessions.......................  ...........          450
Yoshimura Center....................  For use from 10:00 a.m. to 3:30 p.m. weekends              50          125
                                       only.                                                                    
Grounds--1-301 people...............  No Public Invited--Patio, Meadow, Triangle, NY            N/A          500
                                       Avenue, etc. Cost includes scheduling time,                              
                                       extra mowing, and site preparation..                                     
                                      Guest organization responsible for everything                             
                                       related to their event, including portable                               
                                       toilets.                                                                 
300-600 people......................  Same as above...................................          N/A          750
Grounds.............................  Public Invited (i.e., show or sale)--Cost                 N/A          750
                                       includes scheduling time, extra mowing, and                              
                                       site preparation. Guest organization                                     
                                       responsible for everything related to their                              
                                       event, including portable toilets..                                      

[[Page 46433]]

                                                                                                                
Damages.............................                                                                            
(2)Damages to plants, grounds,                                                                                  
 facilities or equipment will be                                                                                
 assessed on a value based on                                                                                   
 replacement cost (including labor)                                                                             
 plus 10% (administrative fee).                                                                                 
----------------------------------------------------------------------------------------------------------------

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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Per day charge                         
            Category                         Type                       Notes          -----------------------------------------------------------------
                                                                                                Half day                        Whole day               
--------------------------------------------------------------------------------------------------------------------------------------------------------
Still Photography..............  Individual..................  For personal use only.   No Charge..............  No Charge                              
                                                                Includes hand-held                                                                      
                                                                cameras, recorders,                                                                     
                                                                small non-commercial                                                                    
                                                                tripods.                                                                                
                                 Commercial..................  Includes all             $250 plus Supervisor...  $500 plus Supervisor                   
                                                                photography which uses                                                                  
                                                                professional                                                                            
                                                                photographer and/or                                                                     
                                                                involves receiving a                                                                    
                                                                fee for the use or                                                                      
                                                                production of the                                                                       
                                                                photography. Note:                                                                      
                                                                This includes 5 people                                                                  
                                                                or less with carry on                                                                   
                                                                (video) equipment.                                                                      
Cinematography.................  Set Preparation.............  Set up sets; no filming  N/A....................  $250 plus Supervision                  
                                                                performed.                                                                              
                                 Filming.....................  Sliding scale based on   .......................  $1,200 to $3,900                       
                                                                number of people in                                                                     
                                                                cast and crew and                                                                       
                                                                number of pieces of                                                                     
                                                                equipment. 45 people                                                                    
                                                                and 6 pieces of                                                                         
                                                                equipment=$1,500. 200                                                                   
                                                                people=$3,900. Note: 5                                                                  
                                                                people with carry on                                                                    
                                                                equipment=same as                                                                       
                                                                still photography.                                                                      
                                 Strike Set..................  Take down sets, remove   N/A....................  $250 plus Supervision                  
                                                                equipment; no filming.                                                                  
                                 Music Videos................  No sound involved;       N/A....................  $1,000 plus Supervision                
                                                                smaller operation.                                                                      
Slide Production...............  ............................  Providing USNA photos/   .......................  $100 per image to reproduce            
                                                                slides for use in                                                                       
                                                                promotions/                                                                             
                                                                advertisements. Fee is                                                                  
                                                                for one-time rights.                                                                    
Damages........................  All.........................  Damages to plants,       .......................  .......................................
                                                                grounds, facilities or                                                                  
                                                                equipment will be                                                                       
                                                                assessed on a value                                                                     
                                                                based on replacement                                                                    
                                                                cost (Including labor)                                                                  
                                                                plus 10%                                                                                
                                                                (administrative fee).                                                                   
                                                                Half Day=4 hours or                                                                     
                                                                less. Full Day=more                                                                     
                                                                than 4 hours.                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec. 500.24  Payment of fees.

    Payment for use of tram will be made by cash or money order (in 
U.S. funds) and is due at the time of ticket purchase. Fee payments for 
use of facilities or grounds or for photography and cinematography must 
be made in advance of services being rendered. These payments are to 
the made in the form of a check or money order. Checks and money orders 
are to be made payable, in U.S. funds, to the ``U.S. National 
Arboretum.'' The National Arboretum will provide receipts to requestors 
for their records or billing purposes.

    Done at Washington, DC, this 26th day of August, 1997.
Edward B. Knipling,
Acting Administrator, Agricultural Research Service.
[FR Doc. 97-23217 Filed 9-2-97; 8:45 am]
BILLING CODE 3410-03-M