[Federal Register Volume 68, Number 101 (Tuesday, May 27, 2003)]
[Rules and Regulations]
[Pages 28689-28691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12857]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Rules 
and Regulations  

[[Page 28689]]



DEPARTMENT OF AGRICULTURE

Agricultural Research Service

7 CFR Part 500


National Arboretum

AGENCY: Agricultural Research Service; Research, Education, and 
Economics; USDA.

ACTION: Final rule.

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

SUMMARY: The Department of Agriculture (USDA) is revising a schedule of 
fees to be charged for certain uses of the facilities, grounds, and 
services at the United States National Arboretum (USNA).

DATES: This rule is effective May 28, 2003.

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: Thomas S. Elias, Director, National 
Arboretum, Beltsville Area, ARS, 3501 New York Avenue, NE., Washington, 
DC 20002; (202) 245-4539.

SUPPLEMENTARY INFORMATION: This final rule was published as a proposed 
rule for comment on April 10, 2002 (67 FR 17301). No comments were 
received. Accordingly, the proposed rule is published as the final rule 
without changes.

Classification

    This final 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 final 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

    This rule does not alter the reporting or recordkeeping 
requirements contained in the proposed rule. Those requirements have 
been previously approved by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 and assigned OMB control 
number 0518-0024 for the use of facilities or the performance of 
photography/cinematography at the U.S. National Arboretum.

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 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 
USNA facilities and grounds 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.

Fee Schedule for Tours

    The USNA operates a 48-passenger tram (which accommodates 2 
wheelchairs) to provide mobile tours throughout the USNA grounds. This 
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 
will be charged for providing tour guides for pre-scheduled non-tram 
tours. Fee amounts were determined after a survey 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

    This rule modifies the fees for temporary use by individuals or 
groups of USNA facilities and grounds. The fees are 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 Director or designee 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

    This rule modifies the fee for the use of the facility or grounds 
for the purposes of commercial photography or cinematography. The fees 
are established based on comparable opportunities provided by other 
Arboreta and Botanical Gardens across the nation. USNA facilities and 
grounds are available for use for the purpose of 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 Director may waive fees, and the USNA does not intend for 
photography or cinematography relating to media stories concerning the 
USNA and its mission or for other noncommercial, First Amendment 
activity.

[[Page 28690]]

Payment Submission Requirements

    Payment for use of the tram must 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 
must be made by cash or check. Payment for pre-scheduled, non-tram 
guided tours should be made at least two weeks in advance of tour date 
and must 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 requested date. These payments must be made in the form of a 
check or money order. Checks and money orders must be made payable, in 
U.S. funds, to the U.S. National Arboretum. The USNA will provide 
receipts to requesters for their records or billing purposes. USNA is 
pursuing opportunities to enter an agreement to allow USNA visitors and 
users to make payment in the form of a credit card. If USNA enters into 
such an agreement, 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.

Food Services

    The USNA entered into a concession agreement for the provision of 
food services at the USNA facility. Snacks and small food items are 
available for visitors to purchase at established commercial prices. 
Hours of operation depend on volume of visitors. Box lunches may be 
pre-arranged by the requestor 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.

0
For the reasons set out in the preamble, 7 CFR part 500 is 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; secs. 2, 4, 62 Stat. 281; sec. 103, 63 
Stat. 380; sec. 205(d), 63 Stat. 389.

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--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.


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 fees 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 or             N/A         $250
                                       classroom set-up for 40-50 people. Includes
                                       microphone/lectern, screen, 4-6' tables
                                       projection stand, (2) flip charts (on 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
                                      Includes use of telephone for local calls. Also
                                       includes the non-exclusive use of the Kitchen
                                       space and Coat Room.
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..................           50          125
                                      Includes 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 3:30 p.m. weekends              50          125
                                       only.
                                      Set up with tables and chairs...................          100          100

[[Page 28691]]

 
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
                                       organizations responsible for everything
                                       related to 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 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 the 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 assessed. 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 and type                  Notes          -------------------------------------------------------
                                                                   Half day                    Whole day
----------------------------------------------------------------------------------------------------------------
Still Photography:
    Individual.................  For personal use only.   No Charge.................  No Charge
                                  Includes hand-held
                                  cameras, recorders,
                                  small non-commercial
                                  tripods.
    Commercial and Wedding.....  Includes all             $250 plus Supervisor......  $500 plus Supervisor
                                  photography which uses
                                  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 Preparation...........  Set up sets; no filming  N/A.......................  250 plus Supervision
                                  performed.
    Filming....................  Sliding scale based on   ..........................  1,200 to 3,900
                                  number of 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   N/A.......................  250 plus Supervision.
                                  equipment; no filming.
    Music Videos...............  No sound involved;       N/A.......................  1,000 plus Supervision.
                                  smaller operation.
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 the USNA tram must 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 must 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 required date. These payments must be made in the form of a 
check or money order. Checks and money orders must be made payable, in 
U.S. funds, to the ``U.S. National Arboretum.'' USNA will provide 
receipts to requesters for their records or billing purposes. OMB 
approved the information collection requirements in this regulation and 
assigned control number 0518-0024.


Sec.  500.25  Food Services.

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

    Done at Washington, DC, this 2nd day of May, 2003.
Caird E. Rexroad,
Acting Administrator, Agricultural Research Service.
[FR Doc. 03-12857 Filed 5-23-03; 8:45 am]
BILLING CODE 3410-03-P