[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Proposed Rules]
[Pages 17301-17303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8589]


 ========================================================================
 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. 67, No. 69 / Wednesday, April 10, 2002 / 
Proposed Rules  

[[Page 17301]]



DEPARTMENT OF AGRICULTURE

Agricultural Research Service

7 CFR Part 500


National Arboretum

AGENCY: Agricultural Research Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture (USDA) seeks comments on a 
proposed rule that would revise 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 makes changes to 
subpart B of 7 CFR part 500. Subpart B contains the fee structures for 
use of USNA facilities, grounds and services. The USNA will change the 
fees charged for riding its tram service, use of the grounds and 
facilities, as well as for commercial photography and cinematography. 
The USNA will enter into a concession agreement for the provision of 
food services on the USNA grounds. 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 May 10, 2002.

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: Cori Grim, Director, U.S. National 
Arboretum, Beltsville Area, ARS, 3501 New York Avenue, NE., Washington, 
DC 20002; (202) 245-4553.

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. 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. No. 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 
(OMB #0518-0024).
    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 each 
space usage request is .25 hours. The total annual reporting and record 
keeping burden on respondents will be minimal.

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 as well as to enter into a concession agreement 
for the provision of food services on the 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 part 500, subpart A, Conduct on 
U.S. National Arboretum Property, will apply to individuals or groups 
granted approval to use the facilities and grounds.

Fee Schedule for Tours

    The USNA operates a 48-passenger tram (which accommodates 2 
wheelchairs) to provide mobile tours throughout the USNA grounds. The 
proposed rule changes the fee to be charged to all riders as well as 
the amount to be charged for pre-scheduled group tram tours. 
Additionally, a fee is proposed for providing tour guides for pre-
scheduled non-tram tours. Fee amounts were determined after a survey

[[Page 17302]]

of similar services provided by other Arboreta and Botanical Gardens 
and an analysis of costs associated with the program. 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 change the fees 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 change the 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 Arboreta 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. Payment for pre-
scheduled tram tours should be made at least two weeks in advance and 
may be made by cash or check. Payment for tour guides for pre-
scheduled, non-tram tours should be made at least two weeks in advance 
and may be made by cash or check. Fee payments for use of facilities or 
grounds or for photography and cinematography must be made in advance 
of services being rendered. These payments are to be made in the form 
of a check or money order. Checks and money orders are to be made 
payable, in U.S. funds, to the U.S. National Arboretum. The USNA will 
provide receipts to requestors for their records or billing purposes.

Food Services

    The USNA proposes to enter into a concession agreement for the 
provision of food services on the facility. Snacks and small food items 
will be available for visitors to purchase at established commercial 
prices. Box lunches may be pre-arranged with the concessionaire for a 
set fee.

List of Subjects in 7 CFR Part 500

    Agricultural research, Federal buildings and facilities, Government 
property, National Arboretum.

    For the reasons set out in the preamble, 7 CFR part 500 is proposed 
to be amended by revising subpart B to read as set forth below:

PART 500--NATIONAL ARBORETUM

Subpart B--Fee Schedule for Certain Uses of National Arboretum 
Facilities and Grounds
Sec.
500.20   Scope.
500.21   Fee schedule for tours.
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.
500.25   Food services.

    Authority: 20 U.S.C. 196.

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


Sec. 500.20  Scope.

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


Sec. 500.21  Fee schedule for tours.

    The USNA provides tours of the USNA grounds in a 48-passenger tram 
(accommodating 2 wheelchairs) for a fee as follows: $4.00 per adult; 
$3.00 per senior citizen or Friend of the National Arboretum; $2.00 per 
child through age 16. Pre-scheduled tram tours for groups may be 
arranged for a set fee of $125.00. Additionally, a professional tour 
guide may be pre-arranged to provide a non-tram tour for the fee of $50 
per hour. Promotional programs offering discounted fares for these 
programs may be instituted at the discretion of the USNA.


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 following are the 
fees for use of USNA buildings: ``Half Day'' usage is defined as 4 
hours or less; ``Whole Day'' is defined as more than 4 hours in a day. 
For outside normal business hours, usage of such buildings and 
facilities requires an additional $40/hour for supervision/security. 
Additionally, at the discretion of the USNA, custodial fees may be 
assessed in the amount of $25 per hour.

----------------------------------------------------------------------------------------------------------------
                                                                                             Per day charge
                  Area                                     Includes--                  -------------------------
                                                                                          Half day    Whole day
----------------------------------------------------------------------------------------------------------------
Auditorium..............................  Basic audience-style set-up for 125 people            N/A         $250
                                           or classroom set-up for 40-50 people.
                                           Includes microphone/lectern, screen, 4-6'
                                           tables, 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). Includes          $50         $100
                                           the non-exclusive use of the Kitchen space
                                           and Coat Room.

[[Page 17303]]

 
Lobby...................................  As is (with furniture in place).............          N/A         $100
                                          Furniture removed...........................  ...........         $150
                                          Set up with tables and chairs...............  ...........         $100
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.....................  5 sessions or more..........................          $45          $90
Yoshimura Center........................  For use from 10:00 a.m. to 3:00 p.m.                  $50         $125
                                           weekends only..
Set up with tables and chairs...........  ............................................         $100         $100
Grounds--1-300 people...................  No public invited: Patio, Meadow, Triangle,           N/A         $500
                                           NY 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.................................  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/security costs of 
$40.00 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. ``Half Day'' usage is defined as 4 hours or less; ``Whole 
Day'' usage is defined as more than 4 hours in a days.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                Per day charge
          Category and type                                Notes                     -------------------------------------------------------------------
                                                                                                 Half day                          Whole day
--------------------------------------------------------------------------------------------------------------------------------------------------------
Still Photography:
    Individual......................  For personal use only. Includes hand-held       No charge.....................  No charge
                                       cameras, recorders, small non-commercial
                                       tripods.
    Commercial and wedding..........  Includes all photography which uses             $250 plus supervisor..........  $500 plus supervisor
                                       professional photographer and/or involves
                                       receiving a fee for the use or production of
                                       the photography. Note: This includes 5 people
                                       or less with carry on (video) equipment.
                                       Includes wedding party photography.
Cinematography:
    Set Set preparation.............  Set up sets; no filming performed.............  N/A...........................  $250 plus supervision
    Filming.........................  Sliding scale based on number of people in      ..............................  $1,200 to $3,900
                                       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; no filming..  N/A...........................  $250 plus supervision
    Music Videos....................  No sound involved; smaller operation..........  N/A...........................  $1,000 plus supervision
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).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec. 500.24  Payment of fees.

    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. Payment for pre-
scheduled tram tours or tour guides should be made at least two weeks 
in advance and may be made by cash or check. Fee payments for use of 
facilities or grounds (including security and custodial fees) or for 
photography and cinematography must be made in advance of services 
being rendered. These payments are to be made in the form of a check or 
money order. Checks and money orders are to be made payable, in U.S. 
funds, to the ``U.S. National Arboretum.'' The USNA will provide 
receipts to requestors for their records or billing purposes.


Sec. 500.25  Food services.

    The USNA will enter into a concession agreement for the provision 
of food services on the facility. Snacks and small food items will be 
available for visitors to purchase at established commercial prices. 
Box lunches may be pre-arranged with the concessionaire for a set fee.

    Done at Washington, DC, this 7th day of January, 2002.
Edward B. Knipling,
Acting Administrator, Agricultural Research Service.
[FR Doc. 02-8589 Filed 4-9-02; 8:45 am]
BILLING CODE 3410-03-P