[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Proposed Rules]
[Pages 33376-33379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15977]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 62, No. 118 / Thursday, June 19, 1997 / 
Proposed Rules  

[[Page 33376]]


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DEPARTMENT OF AGRICULTURE

Agricultural Research Service

7 CFR Part 500


National Arboretum

AGENCY: Agricultural Research Service; USDA.

ACTION: Proposed rule.

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SUMMARY: The Department of Agriculture (USDA) seeks comments on a 
proposed rule that would establish a schedule of fees to be charged for 
certain uses of the facilities, grounds, and services at the United 
States National Arboretum (USNA). This proposed 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: Comments must be submitted on or before July 21, 1997.

ADDRESSES: Address all comments 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:
Director, National Arboretum, Beltsville Area, ARS, 3501 New York 
Avenue, NE., Washington, DC 20002; (202) 245-4539.

SUPPLEMENTARY INFORMATION:

Classification

    This proposed 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 proposed 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 proposed rule have been submitted to OMB for approval. Those 
requirements would not become effective prior to OMB approval.
    Title: Collection of information regarding the use of facilities or 
the performance of photography/cinematography at the U.S. National 
Arboretum.
    Summary: The purpose of this collection of information is to 
collect, either orally or by use of a form, basic information from 
persons who request to use space at the USNA for which a user fee shall 
be charged. Use of space includes not only the use of physical space 
for events, but also the use of the grounds of the USNA for commercial 
photography and cinematography purposes. Information to be collected 
will include the name, address, and telephone numbers of the party 
requesting use of the USNA space, the date and time that the party is 
requesting to use the space, the purpose for which the space will be 
used, the number of people expected at the event for which the space is 
to be used, any requirements for setup of the space that the USNA will 
be expected to provide, and the signature of the individual responsible 
for requesting space on behalf of a party.
    Need for the Information: The information is needed for USNA to 
administer the scheduling of space usage and to keep records of parties 
accountable for use of USNA property.
    Respondents: Respondents to the collection of information will be 
those persons or organizations that request use of the USNA facility or 
grounds. Each respondent will have to furnish the information for each 
space usage request. The USNA expects to receive approximately 220 
requests for use of space per year.
    Estimate of burden: The estimated burden on respondents for space 
usage request is .25 hours. The total annual reporting and record 
keeping burden on respondents will be minimal.
    Comments: Comments on this proposed collection of information may 
be submitted to Dr. Thomas S. Elias at the address listed under the 
ADDRESSES section by August 18, 1997, or to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for USDA. 
Reference should be made to the volume, page, and date of this Federal 
Register publication.

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.

[[Page 33377]]

Fee Schedule for Tram

    The USNA has purchased a 48-passenger tram (which accommodates 2 
wheelchairs) to provide mobile tours throughout the USNA grounds. The 
proposed rule includes 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 proposes to charge a fee for temporary use by individuals 
or groups of USNA facilities and grounds. The proposed 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 proposes to charge a fee for the use of the facility or 
grounds for purposes of commercial photography or cinematography. The 
proposed fees have been established based on comparable opportunities 
provided by other Aboreta and Botanical Gardens across the nation. 
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 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 
be made payable, in U.S. funds, to the U.S. National Arboretum. The 
USNA will provide receipts to requests 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 proposed 
to be amended as set forth below:

PART 500--NATIONAL ARBORETUM

    1. The heading for part 500 is revised as set forth above.
    2. Sections 500.1 through 500.15 are designated as subpart A and a 
subpart heading is added, and the authority citation for part 500 is 
redesignated as the authority citation for new subpart A and continues 
to read as set forth below:

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

    Authority: Secs. 2, 4, 62 Stat. 281; sec. 103, 63 Stat. 389; 
sec. 205(d), 63 Stat. 389; 40 U.S.C. 318a, 318c, 486(d), 753, 34 FR 
6406; 34 FR 7389.
* * * * *
    3. 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.

    Authority: 20 U.S.C. 196.


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 part 500, subpart A--Conduct on the U.S. National Arboretum 
Property, will apply to individuals or groups granted approval to use 
the facilities 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

[[Page 33378]]

                                                                                                                
                                      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)--1-300 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.                              
301-600 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.                                       
Damages.............................  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. Includes      No Charge................  No Charge.        
                                                                       hand-held cameras, recorders,                                                    
                                                                       small non-commercial tripods.                                                    
                                    Commercial......................  Includes all photography which uses  $250 plus................  $500 plus         
                                                                       professional photographer and/or    Supervisor...............  Supervisor.       
                                                                       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 performed..  N/A......................  250 plus          
                                                                                                                                      Supervision.      
                                    Filming.........................  Sliding scale based on number of     .........................  1,200 to 3,900.   
                                                                       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 equipment;    N/A......................  250 plus          
                                                                       no filming.                                                    Supervision.      
                                    Music Videos....................  No sound involved; smaller           N/A......................  1,000 plus        
                                                                       operation.                                                     Supervision.      
Slide Production..................  ................................  Providing USNA photos/slides for     .........................  100 per image to  
                                                                       use in promotions/advertisements.                               reproduce.       
                                                                       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 be 
made in the

[[Page 33379]]

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 12th day of June 1997.
Robert J. Reginato,
Associate Administrator, Agricultural Research Service.
[FR Doc. 97-15977 Filed 6-18-97; 8:45 am]
BILLING CODE 3410-03-M