[Federal Register Volume 63, Number 186 (Friday, September 25, 1998)]
[Notices]
[Pages 51370-51371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25650]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Publication of Final Procedures and Guidance for the
Permitting of Filming and Photography in Units of the National Park
Service
AGENCY: National Park Service, Interior.
ACTION: Public notice.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) announces finalization and
publication of the guidance and procedures document dealing
specifically with Filming and Photography in units of the NPS. This
information was developed to provide guidance and procedures to all
units of the National Park System who deal with requests for the making
of motion pictures, video taping, sound recording, or still
photography. This document will appear as and may be found in Appendix
20 of NPS-53, the NPS Guideline on Special Park Uses which master
document is already approved, finalized and published.
ADDRESSES: Copies of the guidance document will be made available upon
request by writing to National Park Service, Ranger Activities
Division, 1849 C St. NW, Suite 7408, Washington, DC 20240, or by
calling 202-208-4874. The guidance document is also available on the
Internet at the following web site: http://www.nps.gov.refdesk then
selecting Director's Orders and Procedures.
FOR FURTHER INFORMATION CONTACT: Dick Young at 757-898-7846, or 757-
898-3400, ext. 51.
On Tuesday, February 3, 1998, the NPS published a notice in the
Federal Register requesting public comments on the proposed guidance
and procedures document for filming and photography in all units of the
NPS. The NPS received 15 responses to that notice. Those comments of
significance, and the responses to those comments are as follows.
Comment: Approval time line needs to be clearer and needs to be
shorter.
Response: The NPS has intentionally generalized this issue to
ensure that Superintendents have the flexibility to apply these
guidelines, as they are appropriate in his or her park unit. The
alternative, establishing a set time line and applying it Servicewide,
would potentially lock many less complicated projects into a lengthy
permit process.
Comment: Several responders commented on the proposed time
restrictions for visitor use in filming locations.
Response: The types and quantity of acceptable disruptions to
normal visitor use vary from area to area and situation to situation.
Time restrictions may be adjusted by the individual park as needed.
Comment: Some respondents commented on a certain lack of detail
when it came to determining which applicants are required to pay fees
and how much those fees would be.
Response: The NPS points out that the proposed filming guideline is
part of a larger document (NPS-53) that speaks to all aspects of cost
and fee recovery which are, therefore, not repeated in this Appendix.
In addition, because of the unique resource concerns of each area,
costs to the permittee will vary according to the amount of resource
and visitor protection needed.
Comment: Responders expressed concern about access to closed areas.
Response: The Superintendent has the authority to provide access to
a closed area under the conditions established in a permit if such
access does not violate statute or regulations, and the request does
not adversely impact the resource or visitor experience.
Comment: Some responders expressed concern about limiting filming
activities during times of peak visitation.
Response: The introduction of a commercial film project, or any
other special park use, at times of peak visitation, would potentially
burden the park resources and compromise the visitor experience beyond
reasonable and manageable levels in some park units. As visitation
continues to increase in our National Parks, placing limitations on
special uses, especially during periods of peak visitation, may become
increasingly necessary.
Comment: Some respondents were concerned about the guideline
treatment of aircraft used for filming.
Response: Although aircraft use over many NPS areas is generally
considered undesirable, the ultimate decision to permit rests with the
Superintendent.
Comment: Several responders commented that the NPS should allow
last minute changes and give on-site managers discretion to deal with
them.
Response: In many parks the level of visitation and sensitivity of
the
[[Page 51371]]
resources prohibit significant changes, however in most situations the
on-site monitor has the authority to approve minor last minute changes
that would not create resource damage or visitor impact.
Comment: One commenter questioned the number of permits allowed and
approved, who makes this determination, and how is the determination
made.
Response: The determination of the allowable number of permits is
made by the Superintendent of the individual park unit, in accordance
with existing statutes and regulations, by compiling information
related to carrying capacity, visitor expectations and the potential
for adverse impact to the resource in specific areas of the park unit.
Comment: One responder questioned whether the NPS should be
accommodating, allowing or encouraging filming on the lands or in the
structures it administers.
Response: The NPS allows filming when it is consistent with the
protection and public enjoyment of park resources, and encourages
filming when it is for the specific use of the park or when it assists
the NPS in fulfilling it's mission. The NPS has the authority and
responsibility to permit, deny and manage these projects consistent
with the mission of the NPS.
Comment: One responder believes that the use of the word
``likelihood'' when referring to possible resource damage should not be
used.
Response: The NPS agrees and the language will be strengthened in
the final guideline.
Comment: Several respondents commented on the prohibition on
issuing permits for activities that the general public would not be
allowed to do.
Response: Although it is not the policy of the NPS to censor story
content, it is appropriate for the NPS to restrict the portrayal of
activity that is illegal in the parks.
Comment: The guideline should not allow filming to risk historic
objects or facilities.
Response: The section from which this quote was taken addresses
insurance and liability. It does not mean that film permittees will be
allowed to conduct activity that would place historic objects or
facilities at increased risk.
Comment: One responder believes that deliberate infractions of the
permit terms should result in automatic revocation and termination of
the permit.
Response: The guidelines allow for the NPS representative on site
to determine the seriousness of a permit violation and, in consultation
with the park manager, take the appropriate action. Current rules
promulgated at 36 CFR say violation of a term or condition of a permit
may result in suspension or revocation of the permit by the
Superintendent.
Comment: Several respondents objected to various sample conditions
provided as exhibits in the guidelines.
Response: These conditions have been suggested as samples which, if
used at all, must be modified for each park unit.
Comment: One respondent questioned the prohibition on the NPS
renting equipment to permittees.
Response: Title 16 of the United States Code prohibits the NPS from
renting their equipment to private individuals or companies.
Dated: September 15, 1998.
Chris Andress,
Chief, Ranger Activities Division.
[FR Doc. 98-25650 Filed 9-24-98; 8:45 am]
BILLING CODE 4310-70-P