55706 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

exempt from the provisions of Executive 

Order 12866 and 12988. Moreover, 

pursuant to 5 U.S.C. 553, notice of 

proposed rulemaking and opportunity 

for comment are not required for this 

rule, and it may be made effective less 

than 30 days after publication in the 

Federal Register. In addition, under 5 

U.S.C. 804, this rule is not subject to 

congressional review under the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Pub. L. 104–121. 

Finally, this action is not a rule as 

defined by 5 U.S.C. 601 et seq., the 

Regulatory Flexibility Act, and thus is 

exempt from the provisions of that Act. 

List of Subjects 

7 CFR Part 2 

Authority delegations (Government 

agencies). 

7 CFR Part 371 

Organization and functions 

(Government agencies). 

■ Accordingly, 7 CFR parts 2 and 371 

are amended as follows: 

PART 2—DELEGATIONS OF 

AUTHORITY BY THE SECRETARY OF 

AGRICULTURE AND GENERAL 

OFFICERS OF THE DEPARTMENT 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 

301; Reorganization Plan No. 2 of 1953, 3 

CFR 1949–1953 Comp., p. 1024. 

Subpart C—Delegations of Authority to 

the Deputy Secretary, the Under 

Secretaries and Assistant Secretaries 

■ 2. In § 2.22, paragraph (a)(2) is 

amended as follows: 

■ a. By removing paragraphs (a)(2)(ii) 

through (a)(2)(vi), paragraphs (a)(2)(ix) 

through (a)(2)(xvii), and paragraph 

(a)(2)(xix). 

■ b. By redesignating paragraphs 

(a)(2)(vii) and (a)(2)(viii) as paragraphs 

(a)(2)(ii) and (a)(2)(iii), paragraph 

(a)(2)(xviii) as (a)(2)(iv), and paragraphs 

(a)(2)(xx) through (a)(2)(xlx) as 

paragraphs (a)(2)(v) through (a)(2)(xxxv), 

respectively. 

■ c. By revising newly redesignated 

paragraphs (a)(2)(iv), (a)(2)(xi), 

(a)(2)(xv), and (a)(2)(xxxi) to read as set 

forth below. 

§ 2.22 Under Secretary for Marketing and 

Regulatory Programs. 

(a) * * * 

(2) * * * 

(iv) Section 18 of the Federal Meat 

Inspection Act, as amended, as it 

pertains to the issuance of certificates of 

condition of live animals intended and 

offered for export (21 U.S.C. 618); 

* * * * * 

(xi) Virus-Serum-Toxin Act (21 U.S.C. 

151–159). 

* * * * * 

(xv) The Federal Noxious Weed Act of 

1974, as amended (7 U.S.C. 2801 note; 

2814). 

* * * * * 

(xxxii) Plant Protection Act, as 

amended (7 U.S.C. 7701–7786). 

* * * * * 

Subpart N—Delegations of Authority 

by the Under Secretary for Marketing 

and Regulatory Programs 

■ 3. In § 2.80, paragraph (a) is amended 

as follows: 

■ a. By removing paragraphs (a)(2) 

through (a)(6), paragraphs (a)(9) through 

(a)(17), and paragraph (a)(19). 

■ b. By redesignating paragraphs (a)(7) 

and (a)(8) as paragraphs (a)(2) and (a)(3), 

paragraph (a)(18) as (a)(4), and 

paragraphs (a)(20) through (a)(56) as 

paragraphs (a)(5) through (a)(41), 

respectively. 

■ c. By revising newly redesignated 

paragraphs (a)(4), (a)(11), (a)(16), and 

(a)(36) to read as set forth below. 

§ 2.80 Administrator, Animal and Plant 

Health Inspection Service. 

(a) * * * 

(4) Section 18 of the Federal Meat 

Inspection Act, as amended, as it 

pertains to the issuance of certificates of 

condition of live animals intended and 

offered for export (21 U.S.C. 618). 

* * * * * 

(11) Virus-Serum-Toxin Act (21 

U.S.C. 151–159). 

* * * * * 

(16) The Federal Noxious Weed Act of 

1974, as amended (7 U.S.C. 2801 note; 

2814). 

* * * * * 

(36) Plant Protection Act, as amended 

(7 U.S.C. 7701–7786). 

* * * * * 

PART 371—ORGANIZATION, 

FUNCTIONS, AND DELEGATIONS OF 

AUTHORITY 

■ 4. The authority citation for part 371 

continues to read as follows: 

Authority: 5 U.S.C. 301. 

■ 5. In § 371.3, paragraph (b)(2)(x) is 

revised to read as follows: 

§ 371.3 Plant protection and quarantine. 

* * * * * 

(b) * * * 

(2) * * * 

(x) Plant Protection Act, as amended 

(7 U.S.C. 7701–7786). 

* * * * * 

■ 6. In § 371.4, paragraph (b) is amended 

as follows: 

■ a. By removing paragraphs (b)(3)(i) 

through (b)(3)(viii), and paragraph 

(b)(3)(x). 

■ b. By redesignating paragraphs 

(b)(3)(ix) as paragraph (b)(3)(i) and 

paragraphs (b)(3)(xi) through (b)(3)(xxiv) 

as paragraphs (b)(3)(ii) through 

(b)(3)(xv), respectively. 

■ c. By revising newly redesignated 

paragraph (b)(3)(i) to read as set forth 

below. 

§ 371.4 Veterinary Services. 

* * * * * 

(b) * * * 

(3) * * * 

(i) Section 18 of the Federal Meat 

Inspection Act, as amended, as it 

pertains to the issuance of certificates of 

condition of live animals intended and 

offered for export (21 U.S.C. 618). 

* * * * * 

For Part 2, Subpart C: 

Dated: September 20, 2005. 

Mike Johanns, 

Secretary of Agriculture. 

For Part 2, Subpart N: 

Dated: September 20, 2005. 

Charles D. Lambert, 

Acting Under Secretary for Marketing and 

Regulatory Programs. 

For Part 371: 

Dated: September 20, 2005. 

W. Ron DeHaven, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 05–19044 Filed 9–22–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Research Service 

7 CFR Part 500 

RIN 0518–AA02 

National Arboretum 

AGENCY: Agricultural Research Service; 

Research, Education, and Economics; 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is modifying 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. 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 55707 

DATES: This rule is effective October 24, 

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: 

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 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. 

A proposed rule revising the USNA 

fee and conduct rules at 7 CFR part 500 

was published for comment on 

December 20, 2004 (69 FR 75880). One 

hundred one comments were received 

from individuals and six organizations. 

The vast majority of public comments 

(approximately 96 percent) were 

received with regards to commercial 

photography. The majority of 

commentators asserted that Public Law 

106–206, 16 U.S.C. 460l–6d(a), which 

governs the ‘‘lands’’ administered by the 

Secretary, supersedes the earlier 

authority granted the Secretary codified 

at 20 U.S.C. 196(a) with respect to 

commercial photography at the USNA. 

USDA asserts that the controlling 

authority for charging fees for 

photography and cinematography at the 

USNA is found at 20 U.S.C. 196(a)(5) 

which permits USDA to ‘‘charge such 

fees as the Secretary of Agriculture 

considers reasonable for the use of the 

National Arboretum for commercial 

photography or cinematography.’’

Nevertheless, § 500.23 was revised to 

only charge a fee for the use of the 

facility and grounds of the USNA for 

commercial photography or 

cinematography that use models, sets, or 

props that are not part of the site’s 

natural or cultural resources or 

administrative facilities; take place 

where members of the public are 

generally not allowed; or take place at 

a location where additional 

administrative costs are likely. This 

action provides a balance both to allow 

photography and cinematography, yet 

also allow the USNA the ability to 

charge fees under prescribed conditions 

that are consistent with Public Law 

106–206 to assure the integrity of the 

USNA as a public facility. 

Further comments by stakeholders 

that are addressed by revisions in this 

final rule are as follows: (1) To assure 

the coverage of potential damage to 

property and collections, the addition of 

a refundable deposit for use of the 

facility or grounds, excluding the 

classroom, is included. (2) As 

recommended, the user fee for the 

Friendship Garden is increased to 

$1,500 to be comparable to other USNA 

locations. (3) The prohibition without 

the prior approval of the USNA Director 

to distribute materials was reworded. 

Prior approval by the USNA Director is 

only required to distribute materials to 

USNA general public visitors. (4) A 

clarification on the use of candles at 

events was made. The use of small 

candles has been included in the final 

rule. (5) As requested, the wording 

regarding receipts has been changed. (6) 

Concern that the 30-day advance notice 

for special events is too excessive. A 2- 

day advanced notice does not provide 

the USNA with adequate time to 

prepare sites and assign staff and 

supervision as needed which includes 

upfront time to change employee work 

schedules. However, the advance notice 

minimum was modified to 15 calendar 

days. (7) Concern over the exclusion of 

events on peak weekends and during 

normal visitation periods. Reference to 

the exclusion was deleted. (8) Concern 

that 10 working days for response by 

USNA is excessive. The response time 

was modified to a maximum of five 

working days. (9) Concern that the two 

weeks advance payment for tours is too 

lengthy. The advance payment 

requirement was modified to a one week 

minimum. 

Revisions to the final rule were not 

made in response to some stakeholder 

comments because they were deemed 

not to be in the best interest of the 

government. These include the 

following: (1) Desire to automatically 

waive use fees for stakeholders. 

Automatically waiving use fees for all 

events greatly would diminish the 

financial support to the USNA. (2) 

Concern that the prior approval to serve 

beer and wine is unnecessary and 

unwarranted. Current ARS policy 

requires prior approval by the USNA 

Director and Beltsville Area Director for 

the consumption of beer and wine at the 

USNA. Departmental regulations as well 

as Federal Property Management 

Regulations restrict use of alcohol on 

Federal property. (3) A request was 

made to allow raffles at the USNA. 

Raffles require a permit from the District 

of Columbia and may reflect a less than 

positive image of USDA when raffles are 

held on USDA property. (4) A comment 

that fees collected will be dedicated, in 

part, for the maintenance of the 

particular USNA site that generated the 

fees. Since the funds generated will be 

used to maintain the USNA, the more 

popular facilities will naturally tend to 

receive more of the funds, but the USNA 

is not committing to a rigid funding 

formula. (5) Concern that the fee for use 

of the courtyard area within the 

National Bonsai and Penjing Museum is 

too low. The fee is in line with facilities 

use fees in other institutions and in 

consideration of the geographical 

location of the USNA. The fee will be 

evaluated and reconsidered after the 

first and second years of facilities use. 

Fees may be adjusted based upon the 

demand for this space and the level of 

maintenance needed to support the 

facilities use. 

Lastly, some stakeholder comments 

reflect current practices of the USNA 

and therefore are not addressed in the 

final rule. These include: (1) Concern 

about closing the Bonsai and Penjing 

Museum during normal visitation hours 

for special events. The current policy is 

that special events will generally not 

result in the closing of the Museum to 

visitors during normal visitation hours; 

however, special exceptions may be 

made at the discretion of the USNA 

Director; (2) Concern over staffing for 

security during special events. The 

current practice of the USNA is to 

provide additional supervision, 

including additional security staff, as 

necessary to protect the grounds and 

assets of the USNA; (3) Concern about 

protecting and preserving the existing 

facilities and landscape at the 

Friendship Garden. Guidelines issued 

by the USNA for facilities use will help 

ensure that the quality and condition of 

the garden displays, collections, and 

facilities are not compromised. 

Classification 

This rule change has been reviewed 

under Executive Order 12866, and it has 

55708 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

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. 

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 revised as 

set forth below: 

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 or advertising. 

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. 

Subpart B—Fee Schedule for Certain Uses 

of National Arboretum Facilities and 

Grounds. 

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 commercial photography 

and cinematography on grounds. 

500.24 Fee schedule. 

500.25 Payment of fees. 

Authority: 20 U.S.C. 196(a); sub secs. 2, 4, 

5; 40 U.S.C. 121(d); 40 U.S.C. 1315(c). 

Subpart A—Conduct on U.S. National 

Arboreturm Property 

§ 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; however, the 

use of small candles may be approved 

at the discretion of the Director, 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, 

USNA. 

(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 of 

this part, 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; 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 55709 

(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. 

(b) Distribution to USNA general 

public visitors 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 or 

advertising. 

Photographs for news purposes may 

be taken at the USNA without prior 

permission. Photographs for advertising 

and other 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, 

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 

§ 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 under 

the age 17. 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 one 

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

be made at least one week 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, 

National Bonsai Foundation, National 

Capital Area Federation of Garden 

Clubs, Herb Society of America) 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 usage is 

defined as more than 4 hours in a day. 

In all cases, usage includes all time 

during which a venue is committed, 

55710 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

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 

for each required staff member or 

security officer, with higher amounts 

required for sites or facilities that are 

more sensitive. 

(b) Reservations. (1) Facilities and 

grounds are available by reservation at 

the discretion of the Director 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 inside secured doors will not 

be available for use. 

(2) 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 as 

possible with a minimum of 15 calendar 

days prior to the date of use required for 

all reservations. This advanced notice 

will provide the USNA adequate time to 

prepare sites and assign staff and 

supervision as necessary. 

(3) The USNA will make every effort 

to respond to requests in a quick and 

timely fashion. The USNA will respond 

to reservation requests within 5 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 

activities) that might affect the planned 

use or event. 

(4) A 50 percent non-refundable 

deposit will be due at the time of a 

booking in order to reserve a specific 

date and location. The remaining 50 

percent 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) (i) A refundable deposit as 

specified in paragraph (c)(6)(ii) of this 

section for use of the facility or grounds, 

excluding the classroom, will be 

collected in advance. In the event of 

building, property, or grounds damage 

or excessive cleaning requirements, the 

deposit will be used for repair and 

remediation and the balance will be 

refunded within 30 days of the event 

date. In the event that cleaning 

requirements or damage to the building, 

property or grounds exceeds the amount 

of the refundable deposit, the deposit 

will be used in full, with additional 

charges billed and due within 30 days 

of billing. Damages to plants, grounds, 

facilities, or equipment will be assessed 

on a value based on replacement costs, 

including labor. 

(ii) Refundable Deposit Schedule. 

Event fee 

Refundable 

deposit 

required 

$15,000–10,000 ........................ $2,000 

$9,999–5,000 ............................ 1,000 

$4,999 and less ........................ 500 

(7) Upon prior request, the Director 

may approve the consumption of beer 

and wine during uses of USNA pursuant 

to this section. Such permission 

generally 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. 

(12) Marriage ceremonies and 

accompanying receptions may only be 

held in the Dogwood Collection. 

§ 500.23 Fees for commercial photography 

and cinematography on grounds. 

The USNA may 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 per security 

officer, 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 First Amendment 

activity. The USNA will charge a nonrefundable application fee of $30 for 

commercial photography or 

cinematography activities that use 

models, sets or props that are not part 

of the natural, cultural resources, or 

administrative facilities features of the 

site; take place where members of the 

public are generally not allowed; or take 

place at a location where additional 

administrative costs are likely. 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 commercial 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. 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 55711 

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 ..................................... 1,500 ................................. 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. 

Still Photography: 

Individual ............................................. No Charge ........................ ........................................... For personal use only; includes handheld cameras, recorders and tripods. 

Other .......................................................... $30 ....................................

$250 plus Supervision ......

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

Per Half Day .....................

All photography that use models, sets or 

props that are not part of the site’s natural or cultural resources or administrative facilities; or take place where 

members of the public are generally 

not allowed; or take place at a location 

where additional administrative costs 

are likely. 

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. 

*Fees include 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.’’ Upon request, the USNA 

shall 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 19th day of 

September, 2005. 

Edward B. Knipling, 

Administrator, Agricultural Research Service. 

[FR Doc. 05–18991 Filed 9–22–05; 8:45 am] 

BILLING CODE 3410–03–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Docket No. FV05–948–2 FIR] 

Irish Potatoes Grown in Colorado; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule which decreased the 

assessment rate established for the Area 

No. 3 Colorado Potato Administrative 

Committee (Committee) for the 2005–

2006 and subsequent fiscal periods from 

$0.03 to $0.02 per hundredweight of 

potatoes handled. The Committee 

locally administers the marketing order 

which regulates the handling of potatoes 

grown in Colorado. Assessments upon 

Colorado potato handlers are used by 

the Committee to fund reasonable and 

necessary expenses of the program. The 

fiscal period begins July 1 and ends June 

30. The assessment rate will remain in 

effect indefinitely unless modified, 

suspended, or terminated. 

EFFECTIVE DATE: October 24, 2005.