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. 

55712 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Teresa L. Hutchinson, Marketing 

Specialist, Northwest Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326–

2724; Fax: (503) 326–7440; or George J. 

Kelhart, Technical Advisor, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; 

Telephone: (202) 720–2491; Fax: (202) 

720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence SW., 

STOP 0237, Washington, DC 20250–

0237; Telephone: (202) 720–2491, Fax: 

(202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 97 and Marketing Order No. 948, 

both as amended (7 CFR part 948), 

regulating the handling of potatoes 

grown in Colorado, hereinafter referred 

to as the ‘‘order.’’ The order is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, Colorado potato handlers are 

subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein will be 

applicable to all assessable Colorado 

potatoes beginning July 1, 2005, and 

continue until amended, suspended, or 

terminated. This rule will not preempt 

any State or local laws, regulations, or 

policies, unless they present an 

irreconcilable conflict with this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Committee for 

the 2005–2006 and subsequent fiscal 

periods from $0.03 to $0.02 per 

hundredweight of Colorado potatoes 

handled. 

The order provides authority for the 

Committee, with the approval of USDA, 

to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the program. The 

members of the Committee are 

producers and handlers of Colorado 

potatoes. They are familiar with the 

Committee’s needs and with the costs 

for goods and services in their local area 

and are thus in a position to formulate 

an appropriate budget and assessment 

rate. The assessment rate is formulated 

and discussed in a public meeting. 

Thus, all directly affected persons have 

an opportunity to participate and 

provide input. 

For the 2003–2004 and subsequent 

fiscal periods, the Committee 

recommended, and USDA approved, an 

assessment rate that would continue in 

effect from fiscal period to fiscal period 

unless modified, suspended, or 

terminated by USDA upon 

recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on May 12, 2005, 

and unanimously recommended 2005–

2006 expenditures of $20,368 and an 

assessment rate of $0.02 per 

hundredweight of assessable potatoes 

handled. In comparison, last year’s 

budgeted expenditures were $20,668. 

The assessment rate of $0.02 is $0.01 

lower than the rate in effect since the 

2003–2004 fiscal period. Due to 

increased potato yields and a reduction 

in expenses, the Committee’s reserve 

has increased more than anticipated. 

The decreased assessment rate will 

allow the Committee to draw from the 

reserve to help cover 2005–2006 

expenditures. This action should 

effectively lower the reserve to within 

the program limit of approximately two 

fiscal periods’ operational expenses. 

The major expenditures 

recommended by the Committee for the 

2005–2006 fiscal period include $8,610 

for salary, $3,000 for office rent, $1,750 

for office expenses, and $1,000 for 

utilities. These budgeted expenses are 

the same as those approved for the 

2004–2005 fiscal period. 

The assessment rate recommended by 

the Committee was derived by dividing 

anticipated expenses by expected 

shipments of Colorado potatoes. 

Applying the $0.02 per hundredweight 

rate of assessment to the Committee’s 

585,475 hundredweight crop estimate 

should provide $11,709 in assessment 

income. Income derived from handler 

assessments, along with interest income 

and funds from the Committee’s 

authorized reserve, will be adequate to 

cover budgeted expenses. Funds in the 

reserve ($42,701 as of July 1, 2005) will 

be kept within the maximum of 

approximately two fiscal periods’

operational expenses as authorized by 

the order (§ 948.78). 

The assessment rate will continue in 

effect indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate is 

effective for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2005–2006 budget and 

those for subsequent fiscal periods will 

be reviewed and, as appropriate, 

approved by USDA. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this rule on small entities. Accordingly, 

AMS has prepared this final regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 55713 

Based on Committee data, there are 8 

producers and 8 handlers in the 

production area subject to regulation 

under the order. Small agricultural 

producers are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

of less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $6,000,000. 

Based on the total number of Colorado 

Area No. 3 potato producers (8), 2003 

fresh potato production of 1,041,958 

hundredweight (Committee records), 

and the average 2003 producer price of 

$5.05 per hundredweight as reported by 

National Agricultural Statistics Service 

(NASS), average annual revenue per 

producer from the sale of potatoes can 

be estimated at approximately $657,736. 

In addition, based on Committee records 

and an estimated average 2003 f.o.b. 

price of $7.15 per hundredweight ($5.05 

per hundredweight NASS producer 

price plus Committee estimated packing 

and handling costs of $2.10 per 

hundredweight), all of the Colorado 

Area No. 3 potato handlers ship under 

$6,000,000 worth of potatoes. In view of 

the foregoing, it can be concluded that 

the majority of the Colorado Area No. 3 

potato producers and handlers may be 

classified as small entities. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Committee and 

collected from handlers for the 2005–

2006 and subsequent fiscal periods from 

$0.03 to $0.02 per hundredweight of 

potatoes. The assessment rate of $0.02 is 

$0.01 less than the 2004–2005 rate. The 

quantity of assessable potatoes for the 

2005–2006 fiscal period is estimated at 

585,475 hundredweight. Income derived 

from handler assessments, along with 

interest income and funds from the 

Committee’s authorized reserve, will be 

adequate to cover budgeted expenses. 

Funds in the reserve ($42,701 as of July 

1, 2005) will be kept within the 

maximum of approximately two fiscal 

periods’ operational expenses as 

authorized by the order (§ 948.78). 

The major expenditures 

recommended by the Committee for the 

2005–2006 fiscal period include $8,610 

for salary, $3,000 for office rent, $1,750 

for office expenses, and $1,000 for 

utilities. These budgeted expenses are 

the same as those approved for the 

2004–2005 fiscal period. 

Due to increased potato yields and a 

reduction in expenses, the Committee’s 

reserve has increased more than 

anticipated. Therefore, the Committee 

recommended a decreased assessment 

rate to enable an increased draw on the 

reserve, thus maintaining the level of 

the reserve within program limits of 

approximately two fiscal periods’

operational expenses. 

The Committee discussed alternatives 

to this rule, including alternative 

expenditure levels, but determined that 

the recommended expenses were 

reasonable and necessary to adequately 

cover program operations. Lower 

assessment rates were considered, but 

not recommended because they would 

not generate the income necessary to 

administer the program. 

A review of historical information and 

preliminary information pertaining to 

the current crop year indicates that the 

producer price for the 2005–2006 season 

could range between $5.05 and $7.75 

per hundredweight. Therefore, the 

estimated assessment revenue for the 

2005–2006 fiscal period as a percentage 

of total producer revenue could range 

between 0.40 and 0.26 percent. 

This action continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. In addition, 

the Committee’s meeting was widely 

publicized throughout the Colorado 

potato industry and all interested 

persons were invited to attend and 

participate in the Committee’s 

deliberations on all issues. Like all 

Committee meetings, the May 12, 2005, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on these issues. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Colorado potato 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

An interim final rule concerning this 

action was published in the Federal 

Register on June 27, 2005 (70 FR 36814). 

Copies of that rule were also mailed or 

sent via facsimile to all Area No. 3 

Colorado potato handlers. Finally, the 

interim final rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. A 60-day 

comment period was provided for 

interested persons to respond to the 

interim final rule. The comment period 

ended August 26, 2005, and no 

comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ama.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ Accordingly, the interim final rule 

amending 7 CFR part 948 which was 

published at 70 FR 36814 on June 27, 

2005, is adopted as a final rule without 

change. 

Dated: September 19, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–18990 Filed 9–22–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Docket No. FV05–985–2 IFR] 

Marketing Order Regulating the 

Handling of Spearmint Oil Produced in 

the Far West; Revision of the Salable 

Quantity and Allotment Percentage for 

Class 1 (Scotch) and Class 3 (Native) 

Spearmint Oil for the 2005–2006 

Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule revises the quantity 

of Class 1 (Scotch) and Class 3 (Native) 

spearmint oil that handlers may 

purchase from, or handle for, producers 

during the 2005–2006 marketing year. 

This rule increases the Scotch spearmint 

oil salable quantity from 677,409 

pounds to 1,062,898 pounds, and the 

allotment percentage from 35 percent to 

55 percent. In addition, this rule