National Arboretum, 55706-55711 [05-18991]
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Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations
exempt from the provisions of Executive
Order 12866 and 12988. Moreover,
pursuant to 5 U.S.C. 553, notice of
proposed rulemaking and opportunity
for comment are not required for this
rule, and it may be made effective less
than 30 days after publication in the
Federal Register. In addition, under 5
U.S.C. 804, this rule is not subject to
congressional review under the Small
Business Regulatory Enforcement
Fairness Act of 1996, Pub. L. 104–121.
Finally, this action is not a rule as
defined by 5 U.S.C. 601 et seq., the
Regulatory Flexibility Act, and thus is
exempt from the provisions of that Act.
List of Subjects
7 CFR Part 2
condition of live animals intended and
offered for export (21 U.S.C. 618);
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(xi) Virus-Serum-Toxin Act (21 U.S.C.
151–159).
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(xv) The Federal Noxious Weed Act of
1974, as amended (7 U.S.C. 2801 note;
2814).
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(xxxii) Plant Protection Act, as
amended (7 U.S.C. 7701–7786).
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Subpart N—Delegations of Authority
by the Under Secretary for Marketing
and Regulatory Programs
PART 2—DELEGATIONS OF
AUTHORITY BY THE SECRETARY OF
AGRICULTURE AND GENERAL
OFFICERS OF THE DEPARTMENT
3. In § 2.80, paragraph (a) is amended
as follows:
I a. By removing paragraphs (a)(2)
through (a)(6), paragraphs (a)(9) through
(a)(17), and paragraph (a)(19).
I b. By redesignating paragraphs (a)(7)
and (a)(8) as paragraphs (a)(2) and (a)(3),
paragraph (a)(18) as (a)(4), and
paragraphs (a)(20) through (a)(56) as
paragraphs (a)(5) through (a)(41),
respectively.
I c. By revising newly redesignated
paragraphs (a)(4), (a)(11), (a)(16), and
(a)(36) to read as set forth below.
1. The authority citation for part 2
continues to read as follows:
§ 2.80 Administrator, Animal and Plant
Health Inspection Service.
Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C.
301; Reorganization Plan No. 2 of 1953, 3
CFR 1949–1953 Comp., p. 1024.
(a) * * *
(4) Section 18 of the Federal Meat
Inspection Act, as amended, as it
pertains to the issuance of certificates of
condition of live animals intended and
offered for export (21 U.S.C. 618).
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(11) Virus-Serum-Toxin Act (21
U.S.C. 151–159).
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(16) The Federal Noxious Weed Act of
1974, as amended (7 U.S.C. 2801 note;
2814).
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(36) Plant Protection Act, as amended
(7 U.S.C. 7701–7786).
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Authority delegations (Government
agencies).
7 CFR Part 371
Organization and functions
(Government agencies).
Accordingly, 7 CFR parts 2 and 371
are amended as follows:
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Subpart C—Delegations of Authority to
the Deputy Secretary, the Under
Secretaries and Assistant Secretaries
2. In § 2.22, paragraph (a)(2) is
amended as follows:
I a. By removing paragraphs (a)(2)(ii)
through (a)(2)(vi), paragraphs (a)(2)(ix)
through (a)(2)(xvii), and paragraph
(a)(2)(xix).
I b. By redesignating paragraphs
(a)(2)(vii) and (a)(2)(viii) as paragraphs
(a)(2)(ii) and (a)(2)(iii), paragraph
(a)(2)(xviii) as (a)(2)(iv), and paragraphs
(a)(2)(xx) through (a)(2)(xlx) as
paragraphs (a)(2)(v) through (a)(2)(xxxv),
respectively.
I c. By revising newly redesignated
paragraphs (a)(2)(iv), (a)(2)(xi),
(a)(2)(xv), and (a)(2)(xxxi) to read as set
forth below.
I
§ 2.22 Under Secretary for Marketing and
Regulatory Programs.
(a) * * *
(2) * * *
(iv) Section 18 of the Federal Meat
Inspection Act, as amended, as it
pertains to the issuance of certificates of
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PART 371—ORGANIZATION,
FUNCTIONS, AND DELEGATIONS OF
AUTHORITY
4. The authority citation for part 371
continues to read as follows:
I
Authority: 5 U.S.C. 301.
5. In § 371.3, paragraph (b)(2)(x) is
revised to read as follows:
I
§ 371.3
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Plant protection and quarantine.
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(b) * * *
(2) * * *
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(x) Plant Protection Act, as amended
(7 U.S.C. 7701–7786).
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I 6. In § 371.4, paragraph (b) is amended
as follows:
I a. By removing paragraphs (b)(3)(i)
through (b)(3)(viii), and paragraph
(b)(3)(x).
I b. By redesignating paragraphs
(b)(3)(ix) as paragraph (b)(3)(i) and
paragraphs (b)(3)(xi) through (b)(3)(xxiv)
as paragraphs (b)(3)(ii) through
(b)(3)(xv), respectively.
I c. By revising newly redesignated
paragraph (b)(3)(i) to read as set forth
below.
§ 371.4
Veterinary Services.
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(b) * * *
(3) * * *
(i) Section 18 of the Federal Meat
Inspection Act, as amended, as it
pertains to the issuance of certificates of
condition of live animals intended and
offered for export (21 U.S.C. 618).
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For Part 2, Subpart C:
Dated: September 20, 2005.
Mike Johanns,
Secretary of Agriculture.
For Part 2, Subpart N:
Dated: September 20, 2005.
Charles D. Lambert,
Acting Under Secretary for Marketing and
Regulatory Programs.
For Part 371:
Dated: September 20, 2005.
W. Ron DeHaven,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 05–19044 Filed 9–22–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
7 CFR Part 500
RIN 0518–AA02
National Arboretum
Agricultural Research Service;
Research, Education, and Economics;
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is modifying the
rules of conduct at the United States
National Arboretum (USNA) and the
schedule of fees to be charged for
certain uses of the facilities, grounds,
and services at the USNA.
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DATES:
This rule is effective October 24,
2005.
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:
Dana Laster, Administrative and
Marketing Manager, U.S. National
Arboretum, Beltsville Area, ARS, 3501
New York Avenue, NE., Washington, DC
20002; (202) 245–4539.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
Section 890(b) of the Federal
Agriculture Improvement and Reform
Act of 1996, Pub. L. 104–127 (1996 Act)
expanded the authorities of the
Secretary of Agriculture to charge
reasonable fees for the use of USNA
facilities and grounds. These authorities
included the ability to charge fees for
temporary use by individuals or groups
of USNA facilities and grounds
consistent with the mission of the
USNA. In addition, authority was
granted to charge fees for the use of the
USNA for photography and
cinematography. Pursuant to the Act,
the Agricultural Research Service (ARS)
promulgated a fee schedule for the
USNA at 7 CFR part 500, subpart B. All
rules and regulations noted in 7 CFR
part 500, subpart A, Conduct on the U.S.
National Arboretum Property, also
apply to individuals or groups granted
approval to use the facilities and
grounds.
A proposed rule revising the USNA
fee and conduct rules at 7 CFR part 500
was published for comment on
December 20, 2004 (69 FR 75880). One
hundred one comments were received
from individuals and six organizations.
The vast majority of public comments
(approximately 96 percent) were
received with regards to commercial
photography. The majority of
commentators asserted that Public Law
106–206, 16 U.S.C. 460l–6d(a), which
governs the ‘‘lands’’ administered by the
Secretary, supersedes the earlier
authority granted the Secretary codified
at 20 U.S.C. 196(a) with respect to
commercial photography at the USNA.
USDA asserts that the controlling
authority for charging fees for
photography and cinematography at the
USNA is found at 20 U.S.C. 196(a)(5)
which permits USDA to ‘‘charge such
fees as the Secretary of Agriculture
considers reasonable for the use of the
National Arboretum for commercial
photography or cinematography.’’
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Nevertheless, § 500.23 was revised to
only charge a fee for the use of the
facility and grounds of the USNA for
commercial photography or
cinematography that use models, sets, or
props that are not part of the site’s
natural or cultural resources or
administrative facilities; take place
where members of the public are
generally not allowed; or take place at
a location where additional
administrative costs are likely. This
action provides a balance both to allow
photography and cinematography, yet
also allow the USNA the ability to
charge fees under prescribed conditions
that are consistent with Public Law
106–206 to assure the integrity of the
USNA as a public facility.
Further comments by stakeholders
that are addressed by revisions in this
final rule are as follows: (1) To assure
the coverage of potential damage to
property and collections, the addition of
a refundable deposit for use of the
facility or grounds, excluding the
classroom, is included. (2) As
recommended, the user fee for the
Friendship Garden is increased to
$1,500 to be comparable to other USNA
locations. (3) The prohibition without
the prior approval of the USNA Director
to distribute materials was reworded.
Prior approval by the USNA Director is
only required to distribute materials to
USNA general public visitors. (4) A
clarification on the use of candles at
events was made. The use of small
candles has been included in the final
rule. (5) As requested, the wording
regarding receipts has been changed. (6)
Concern that the 30-day advance notice
for special events is too excessive. A 2day advanced notice does not provide
the USNA with adequate time to
prepare sites and assign staff and
supervision as needed which includes
upfront time to change employee work
schedules. However, the advance notice
minimum was modified to 15 calendar
days. (7) Concern over the exclusion of
events on peak weekends and during
normal visitation periods. Reference to
the exclusion was deleted. (8) Concern
that 10 working days for response by
USNA is excessive. The response time
was modified to a maximum of five
working days. (9) Concern that the two
weeks advance payment for tours is too
lengthy. The advance payment
requirement was modified to a one week
minimum.
Revisions to the final rule were not
made in response to some stakeholder
comments because they were deemed
not to be in the best interest of the
government. These include the
following: (1) Desire to automatically
waive use fees for stakeholders.
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Automatically waiving use fees for all
events greatly would diminish the
financial support to the USNA. (2)
Concern that the prior approval to serve
beer and wine is unnecessary and
unwarranted. Current ARS policy
requires prior approval by the USNA
Director and Beltsville Area Director for
the consumption of beer and wine at the
USNA. Departmental regulations as well
as Federal Property Management
Regulations restrict use of alcohol on
Federal property. (3) A request was
made to allow raffles at the USNA.
Raffles require a permit from the District
of Columbia and may reflect a less than
positive image of USDA when raffles are
held on USDA property. (4) A comment
that fees collected will be dedicated, in
part, for the maintenance of the
particular USNA site that generated the
fees. Since the funds generated will be
used to maintain the USNA, the more
popular facilities will naturally tend to
receive more of the funds, but the USNA
is not committing to a rigid funding
formula. (5) Concern that the fee for use
of the courtyard area within the
National Bonsai and Penjing Museum is
too low. The fee is in line with facilities
use fees in other institutions and in
consideration of the geographical
location of the USNA. The fee will be
evaluated and reconsidered after the
first and second years of facilities use.
Fees may be adjusted based upon the
demand for this space and the level of
maintenance needed to support the
facilities use.
Lastly, some stakeholder comments
reflect current practices of the USNA
and therefore are not addressed in the
final rule. These include: (1) Concern
about closing the Bonsai and Penjing
Museum during normal visitation hours
for special events. The current policy is
that special events will generally not
result in the closing of the Museum to
visitors during normal visitation hours;
however, special exceptions may be
made at the discretion of the USNA
Director; (2) Concern over staffing for
security during special events. The
current practice of the USNA is to
provide additional supervision,
including additional security staff, as
necessary to protect the grounds and
assets of the USNA; (3) Concern about
protecting and preserving the existing
facilities and landscape at the
Friendship Garden. Guidelines issued
by the USNA for facilities use will help
ensure that the quality and condition of
the garden displays, collections, and
facilities are not compromised.
Classification
This rule change has been reviewed
under Executive Order 12866, and it has
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Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations
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 rule change 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.
500.8 Soliciting, vending, debt collection,
and distribution of handbills.
500.9 Photographs for news or advertising.
500.10 Pets.
500.11 Vehicular and pedestrian traffic.
500.12 Weapons and explosives.
500.13 Nondiscrimination.
500.14 Exceptions.
500.15 Penalties and other law.
Regulatory Flexibility Act
Subpart A—Conduct on U.S. National
Arboreturm Property
The Department of Agriculture
certifies that this rule change 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, Pub. L. 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 and assigned
OMB control number 0518–0024 for the
use of facilities or the performance of
photography/cinematography at the
USNA.
List of Subjects in 7 CFR Part 500
Agricultural research, Federal
buildings and facilities, Government
property, USNA, Photography,
Cinematography, User fees.
For the reasons set out in the
preamble, 7 CFR part 500 is revised as
set forth below:
I
Subpart A—Conduct on U.S. National
Arboretum Property
Sec.
500.1 General.
500.2 Recording presence.
500.3 Preservation of property.
500.4 Conformity with signs and emergency
directions.
500.5 Nuisances.
500.6 Gambling.
500.7 Intoxicating beverages and narcotics.
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Authority: 20 U.S.C. 196(a); sub secs. 2, 4,
5; 40 U.S.C. 121(d); 40 U.S.C. 1315(c).
§ 500.1
General.
The rules and regulations in this part
apply to the buildings and grounds of
the U.S. National Arboretum (USNA),
Washington, DC, and to all persons
entering in or on such property. The
Administrator, General Services
Administration, has delegated to the
Secretary of Agriculture, with authority
to further delegate, the authority to
make all the needful rules and
regulations for the protection of the
buildings and grounds of the USNA (34
FR 6406). The Secretary of Agriculture
has in turn delegated such authority to
the Administrator, Agricultural
Research Service (34 FR 7389). The
rules and regulations in this part are
issued pursuant to such delegations.
§ 500.2
Recording presence.
Admission to the USNA during
periods when it is closed to the public
will be limited to authorized
individuals who may be required to sign
the register or display identification
documents when requested by the
Security Staff, or other authorized
individuals.
§ 500.3
PART 500—NATIONAL ARBORETUM
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Subpart B—Fee Schedule for Certain Uses
of National Arboretum Facilities and
Grounds.
500.20 Scope.
500.21 Fee schedule for tram and tours.
500.22 Fees and conditions for use of
facilities and grounds.
500.23 Fees for commercial photography
and cinematography on grounds.
500.24 Fee schedule.
500.25 Payment of fees.
Preservation of property.
(a) While at the USNA, it is unlawful
to:
(1) Willfully destroy, damage, or
remove USNA property or any part
thereof;
(2) Set or maintain any open fire on
the property of the USNA; however, the
use of small candles may be approved
at the discretion of the Director, USNA;
or
(3) Apply any type of insecticide or
herbicide on the grounds of the USNA,
except for USNA employees in the
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course of their official duties or other
persons authorized by the Director,
USNA.
(b) Persons not employed by USNA
are not permitted to bring biological
agents of any kind, including but not
limited to disease and pest agents of
plants, onto the property without
written permission of the Director,
USNA.
§ 500.4 Conformity with signs and
emergency directions.
Persons in and on property of the
USNA shall comply with official signs
of prohibitory or directive nature and
with the directions of authorized
individuals.
§ 500.5
Nuisances.
(a) The use of loud, abusive, or
otherwise improper language;
unwarranted loitering, sleeping, or
assembly; the creation of any hazard to
persons or things; improper disposal of
rubbish; spitting; prurient prying; the
commission of any obscene or indecent
act, or any other unseemly or disorderly
conduct; throwing articles of any kind
from a building, and climbing upon any
part of a building is prohibited.
(b) Playing of music or creation of
other noises of a decibel level high
enough to be heard outside of the USNA
is prohibited.
§ 500.6
Gambling.
Participating in games for money or
other personal property, or the
operation of gambling devices, the
conduct of a lottery or pool, or the
selling or purchasing of numbers tickets,
in or on USNA property, is prohibited.
§ 500.7 Intoxicating beverages and
narcotics.
(a) Entering USNA property or the
operation of a motor vehicle thereon, by
a person under the influence of
intoxicating beverages or a narcotic
drug, is prohibited.
(b) Except as provided in subpart B of
this part, possession of or consumption
of intoxicating beverages on USNA
property is prohibited.
(c) The sale of alcoholic beverages on
the grounds of the USNA is prohibited.
(d) The possession of or use of
narcotic drugs on the grounds of the
USNA is prohibited.
§ 500.8 Soliciting, vending, debt collection,
and distribution of handbills.
(a) The following activities are
prohibited on USNA grounds:
(1) Soliciting of alms or contributions;
(2) Display or distribution of
commercial advertising;
(3) Collecting private debts;
(4) Campaigning for election to any
office;
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(5) Soliciting and vending for
commercial purposes (including, but
not limited to, the vending of
newspapers and other publications);
(6) Soliciting signatures on petitions,
polls, or surveys (except as authorized
by the USNA); and
(7) Impeding ingress to or egress from
the USNA.
(b) Distribution to USNA general
public visitors of material such as
pamphlets, handbills, and flyers is
prohibited without prior approval of the
Director, USNA.
(c) The prohibitions in paragraphs (a)
and (b) of this section do not apply to:
(1) Commercial or nonprofit activities
performed under contract or concession
with the USNA or pursuant to the
provisions of the Randolph Sheppard
Act;
(2) The solicitation of USNA
personnel for contributions for the
Combined Federal Campaign (CFC);
(3) National or local drives for funds
for welfare, health, and other purposes
sponsored or approved by the
Agricultural Research Service; or
(4) Personal notices posted by
employees on authorized bulletin
boards.
§ 500.9 Photographs for news or
advertising.
Pets.
Pets brought upon USNA property
must have proper vaccinations and,
except assistance trained animals, must
be kept on leash at all times. The release
or abandonment of fish, plants, and
animals of any kind on USNA grounds
is prohibited.
§ 500.11
Vehicular and pedestrian traffic.
(a) Drivers of all vehicles in or on
USNA property shall drive only on
established roads, shall drive in a
careful and safe manner at all times, and
shall comply with the signals and
directions of the Security Staff and all
posted traffic signs.
(b) The blocking of entrances,
driveways, walks, loading platforms, or
fire hydrants, and parking in designated
no parking areas in or on USNA
property is prohibited.
(c) Except in emergencies, parking in
or on USNA property in other than
designated areas is not allowed without
a permit. Parking without authority,
parking in unauthorized locations or in
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§ 500.12
Weapons and explosives.
(a) No person while in or on USNA
property shall carry firearms, other
dangerous or deadly weapons, or
explosives, either openly or concealed,
except for authorized official purposes.
(b) No person while in or on the
USNA shall ignite fireworks or other
pyrotechnical devices.
§ 500.13
Photographs for news purposes may
be taken at the USNA without prior
permission. Photographs for advertising
and other commercial purposes may be
taken, but only with the prior approval
of the Director, USNA and fees may be
charged pursuant to § 500.23.
§ 500.10
locations reserved for other persons, or
contrary to the direction of posted signs,
is prohibited.
(d) USNA approval is required for all
vehicles needed for access setup and
breakdown activities relating to special
events, ceremonies, or related activities.
Off-road routes will be determined by
the USNA.
(e) In addition to the penalties
provided in § 500.15, vehicles parked in
violation of this section are subject to
being towed and the cost of such towing
being assessed to the owner of such
vehicle.
(f) This section may be supplemented
from time to time, by the issuance and
posting of specific traffic directives as
may be required, and when so issued
and posted such directives shall have
the same force and effect as if
incorporated in this subpart.
Nondiscrimination.
The USNA is subject to the policy of
nondiscrimination in programs or
activities conducted by the United
States Department of Agriculture as set
forth in 7 CFR part 15d.
§ 500.14
Exceptions.
The Administrator, Agricultural
Research Service, may in individual
cases make prior, written exceptions to
the rules and regulations in this part if
it is determined to be not adverse to the
public interest.
§ 500.15
Penalties and other law.
Whoever shall be found guilty of
violating the rules and regulations in
this subpart is subject to fine under title
18, United States Code, or
imprisonment of not more than 30 days,
or both (see 40 U.S.C. 1315(c)). Nothing
contained in the rules and regulations in
this part shall be construed as
abrogating or authorizing the abrogation
of any other regulations or any Federal
law or any laws and regulations of the
District of Columbia that may be
applicable.
Subpart B—Fee Schedule for Certain
Uses of National Arboretum Facilities
and Grounds
§ 500.20
Scope.
This subpart sets forth schedules of
fees for temporary use by individuals or
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groups of United States National
Arboretum (USNA) facilities and
grounds. This subpart 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.
§ 500.21
Fee schedule for tram and tours.
The USNA provides tours of the
USNA grounds in a 48-passenger tram
(accommodating 2 wheelchairs). The fee
is as follows: $4.00 per adult, $3.00 per
senior citizen or Friend of the National
Arboretum, and $2.00 per child under
the age 17. Children under 4 sharing a
seat with an adult will not be charged.
Pre-scheduled tram tours for groups
may be arranged for a set fee of $125.00.
Additionally, a tour guide may be prearranged 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. Payment for use
of the tram is due at the time of ticket
purchase. Payment for pre-scheduled
tram tours must be made at least one
week in advance. Payment for prescheduled, non-tram guided tours must
be made at least one week in advance
of the tour date.
§ 500.22 Fees and conditions for use of
facilities and grounds.
(a) Fee requirement. (1) The USNA
will charge a fee for temporary use by
individuals or groups of USNA facilities
and grounds. Fees for specific sites are
listed in § 500.24.
(2) Non-profit scientific or
educational organizations whose
purposes and interests are
complementary to the mission of the
USNA and which substantially support
the mission and purpose of the USNA
(e.g., Friends of the National Arboretum,
National Bonsai Foundation, National
Capital Area Federation of Garden
Clubs, Herb Society of America) may be
exempted from the fee for use of USNA
facility or grounds requirement of this
subpart by the Director, but still must
reimburse the USNA for its costs,
including setup, clean-up, security, and
other costs as applicable.
(3) A Half Day usage is defined as 4
hours or less; a Whole Day usage is
defined as more than 4 hours in a day.
In all cases, usage includes all time
during which a venue is committed,
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including time used to set up before and
clean up after an event. For after-hours
usage of sites or facilities, an additional
$40/hour will be added for supervision
for each required staff member or
security officer, with higher amounts
required for sites or facilities that are
more sensitive.
(b) Reservations. (1) Facilities and
grounds are available by reservation at
the discretion of the Director of the
USNA and may be available to
individuals or groups for uses that are
consistent with the mission of the
USNA. Agency initiatives may be
granted first priority. Offices and
hallways inside secured doors will not
be available for use.
(2) Reservations to use USNA
facilities and grounds may be made
directly with the USNA. To ensure
consideration, reservation requests
should be made as far in advance as
possible with a minimum of 15 calendar
days prior to the date of use required for
all reservations. This advanced notice
will provide the USNA adequate time to
prepare sites and assign staff and
supervision as necessary.
(3) The USNA will make every effort
to respond to requests in a quick and
timely fashion. The USNA will respond
to reservation requests within 5 working
days with information as to whether the
requested site is available for use. The
USNA will also give notice to the
prospective user of any planned
activities (construction, maintenance,
pesticide applications, and any similar
activities) that might affect the planned
use or event.
(4) A 50 percent non-refundable
deposit will be due at the time of a
booking in order to reserve a specific
date and location. The remaining 50
percent is due five working days prior
to the event.
(c) Terms and conditions of use. (1)
The USNA provides space, water, and
electrical hookup when available, and
restrooms where available. Users must
provide all tents, tables, chairs, trash
receptacles, or other property required
for the scheduled event. Users must
remove all trash from the property at the
conclusion of the event. Users must
remove all tents, tables and chairs, and
other property no later than 5:00 p.m. of
the day following the event. The USNA
will charge a facility use and break
down fee of $500.00 per day for each
day following the deadline to remove
temporary facilities and equipment. The
USNA will not store temporary facilities
or equipment for users.
(2) Users must abide by USNA vehicle
regulations in § 500.11 including the
VerDate Aug<31>2005
14:48 Sep 22, 2005
Jkt 205001
requirement to obtain USNA approval
whenever off road access is required for
setup.
(3) The USNA will not assume any
responsibility for last minute changes
due to failure of current mechanical
systems, severe storms and other
weather events, emergencies relating to
security and safety.
(4) Some events that involve bringing
animals and certain plants onto the
USNA property may not be compatible
with the plant research, display, and
education mission of the USNA. Such
events will be evaluated on a case-bycase basis and exceptions may be made
by the Director of the USNA.
(5) Music and bands will be permitted
but the decibel level of music should
not be loud enough to be heard outside
the boundaries of the USNA.
(6) (i) A refundable deposit as
specified in paragraph (c)(6)(ii) of this
section for use of the facility or grounds,
excluding the classroom, will be
collected in advance. In the event of
building, property, or grounds damage
or excessive cleaning requirements, the
deposit will be used for repair and
remediation and the balance will be
refunded within 30 days of the event
date. In the event that cleaning
requirements or damage to the building,
property or grounds exceeds the amount
of the refundable deposit, the deposit
will be used in full, with additional
charges billed and due within 30 days
of billing. Damages to plants, grounds,
facilities, or equipment will be assessed
on a value based on replacement costs,
including labor.
(ii) Refundable Deposit Schedule.
contracting with such users of the
USNA, shall comply with all Federal
and local laws.
(9) The USNA is a Federal property
under the jurisdiction of the United
States Department of Agriculture.
All activities are subject to Federal
rules and regulations governing the use
of public buildings and grounds.
(10) The USNA will not be
responsible for any damage or loss
suffered by an individual, group, or
their contractor during a permitted
event at the USNA.
(11) The Director may impose
additional incidental terms and
conditions concerning the use of the
USNA facilities consistent with this
part.
(12) Marriage ceremonies and
accompanying receptions may only be
held in the Dogwood Collection.
§ 500.23 Fees for commercial photography
and cinematography on grounds.
The USNA may charge a fee for the
use of the facility or grounds for
purposes of commercial photography or
cinematography as specified in § 500.24.
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. The USNA
will charge for supervision costs at the
rate of $40.00 per hour per security
officer, in addition to the fees listed
below. The USNA Director may waive
fees for photography or cinematography
conducted for the purpose of
disseminating information to the public
Refundable regarding the USNA and its mission or
Event fee
deposit
for the purpose of First Amendment
required
activity. The USNA will charge a non$15,000–10,000 ........................
$2,000 refundable application fee of $30 for
$9,999–5,000 ............................
1,000 commercial photography or
$4,999 and less ........................
500 cinematography activities that use
models, sets or props that are not part
(7) Upon prior request, the Director
of the natural, cultural resources, or
may approve the consumption of beer
administrative facilities features of the
and wine during uses of USNA pursuant site; take place where members of the
to this section. Such permission
public are generally not allowed; or take
generally will not be granted during
place at a location where additional
times when USNA is open to the public. administrative costs are likely. If the
Director approval shall be conditioned
application is approved and fees will be
upon compliance by users and by any
incurred, the application fee will be
of their agents or contractors, with all
applied to the total fee due. No other
applicable provisions of the District of
credits will be given for the application
Columbia Code governing sale and
fee. Fee payments for use of facilities or
consumption of alcoholic beverages,
grounds or for commercial photography
including the rules of the District of
and cinematography must be made in
Columbia Department of Consumer
advance of services being rendered.
Affairs, Alcoholic Beverage Regulation
These payments are to be made in the
Administration.
form of a check or money order.
(8) All users of the USNA pursuant to
this subpart, as well as all those
§ 500.24 Fee Schedule.
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55711
Event by category
Fee*
Unit
Notes
USNA Terrace ............................................
USNA Herb Garden ...................................
$12,000 .............................
10,000 ...............................
Per Day ............................
Per Day ............................
USNA Meadow ..........................................
USNA Administration Building Lobby ........
USNA Auditorium .......................................
Friendship Garden .....................................
National Capitol Columns ..........................
15,000 ...............................
2,000 .................................
2,500 .................................
1,500 .................................
10,000 ...............................
Per
Per
Per
Per
Per
Bonsai Museum International, Pavilion
and Upper Courtyard.
Bonsai Museum Chinese Pavilion .............
Dogwood Collection Allee & Circle ............
10,000 ...............................
Per Day ............................
Up to 240 seated or 300 standing.
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.
Up to 600 seated or 1000 standing.
Up to 150 standing.
Up to 120 seated or 200 standing.
Up to 60 seated or 100 standing.
Up to 190 seated or 400 standing; cannot
be tented; includes night lighting of columns.
Up to 120 seated or 200 standing.
10,000 ...............................
3,000 .................................
Per Day ............................
Per Day ............................
M Street Picnic Area ..................................
5,000 .................................
Per Day ............................
Classroom ..................................................
125 ....................................
50 ......................................
Per Day ............................
Per Half Day .....................
Still Photography:
Individual .............................................
No Charge ........................
...........................................
Other ..........................................................
$30 ....................................
$250 plus Supervision ......
Application Fee .................
Per Half Day .....................
$30 ....................................
$250 plus Supervision ......
$1,500 to $3,900 ..............
Application Fee .................
Per Whole Day.
Per Whole Day .................
Cinematography:
Set Preparation ...................................
Filming ........................................................
Day
Day
Day
Day
Day
............................
............................
............................
............................
............................
Up to 50 seated or 100 standing.
Up to maximum of 150 people at event;
reserved for marriage ceremonies and
accompanying receptions only.
Up to 200 seated or standing; paved or
grassy areas can be tented.
Standard set-up with 40 chairs; includes
microphone/lectern, screen, projection
stand, two flip charts (no paper), and
trashcan.
For personal use only; includes handheld cameras, recorders and tripods.
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.
Set up; no filming.
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.
VerDate Aug<31>2005
15:17 Sep 22, 2005
Jkt 205001
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
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
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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:
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October 24, 2005.
]]>Agencies
[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Rules and Regulations]
[Pages 55706-55711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18991]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
7 CFR Part 500
RIN 0518-AA02
National Arboretum
AGENCY: Agricultural Research Service; Research, Education, and
Economics; USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is modifying the rules of
conduct at the United States National Arboretum (USNA) and the schedule
of fees to be charged for certain uses of the facilities, grounds, and
services at the USNA.
[[Page 55707]]
DATES: This rule is effective October 24, 2005.
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: Dana Laster, Administrative and
Marketing Manager, U.S. National Arboretum, Beltsville Area, ARS, 3501
New York Avenue, NE., Washington, DC 20002; (202) 245-4539.
SUPPLEMENTARY INFORMATION:
Background
Section 890(b) of the Federal Agriculture Improvement and Reform
Act of 1996, Pub. L. 104-127 (1996 Act) expanded the authorities of the
Secretary of Agriculture to charge reasonable fees for the use of USNA
facilities and grounds. These authorities included the ability to
charge fees for temporary use by individuals or groups of USNA
facilities and grounds consistent with the mission of the USNA. In
addition, authority was granted to charge fees for the use of the USNA
for photography and cinematography. Pursuant to the Act, the
Agricultural Research Service (ARS) promulgated a fee schedule for the
USNA at 7 CFR part 500, subpart B. All rules and regulations noted in 7
CFR part 500, subpart A, Conduct on the U.S. National Arboretum
Property, also apply to individuals or groups granted approval to use
the facilities and grounds.
A proposed rule revising the USNA fee and conduct rules at 7 CFR
part 500 was published for comment on December 20, 2004 (69 FR 75880).
One hundred one comments were received from individuals and six
organizations. The vast majority of public comments (approximately 96
percent) were received with regards to commercial photography. The
majority of commentators asserted that Public Law 106-206, 16 U.S.C.
460l-6d(a), which governs the ``lands'' administered by the Secretary,
supersedes the earlier authority granted the Secretary codified at 20
U.S.C. 196(a) with respect to commercial photography at the USNA. USDA
asserts that the controlling authority for charging fees for
photography and cinematography at the USNA is found at 20 U.S.C.
196(a)(5) which permits USDA to ``charge such fees as the Secretary of
Agriculture considers reasonable for the use of the National Arboretum
for commercial photography or cinematography.''
Nevertheless, Sec. 500.23 was revised to only charge a fee for the
use of the facility and grounds of the USNA for commercial photography
or cinematography that use models, sets, or props that are not part of
the site's natural or cultural resources or administrative facilities;
take place where members of the public are generally not allowed; or
take place at a location where additional administrative costs are
likely. This action provides a balance both to allow photography and
cinematography, yet also allow the USNA the ability to charge fees
under prescribed conditions that are consistent with Public Law 106-206
to assure the integrity of the USNA as a public facility.
Further comments by stakeholders that are addressed by revisions in
this final rule are as follows: (1) To assure the coverage of potential
damage to property and collections, the addition of a refundable
deposit for use of the facility or grounds, excluding the classroom, is
included. (2) As recommended, the user fee for the Friendship Garden is
increased to $1,500 to be comparable to other USNA locations. (3) The
prohibition without the prior approval of the USNA Director to
distribute materials was reworded. Prior approval by the USNA Director
is only required to distribute materials to USNA general public
visitors. (4) A clarification on the use of candles at events was made.
The use of small candles has been included in the final rule. (5) As
requested, the wording regarding receipts has been changed. (6) Concern
that the 30-day advance notice for special events is too excessive. A
2-day advanced notice does not provide the USNA with adequate time to
prepare sites and assign staff and supervision as needed which includes
upfront time to change employee work schedules. However, the advance
notice minimum was modified to 15 calendar days. (7) Concern over the
exclusion of events on peak weekends and during normal visitation
periods. Reference to the exclusion was deleted. (8) Concern that 10
working days for response by USNA is excessive. The response time was
modified to a maximum of five working days. (9) Concern that the two
weeks advance payment for tours is too lengthy. The advance payment
requirement was modified to a one week minimum.
Revisions to the final rule were not made in response to some
stakeholder comments because they were deemed not to be in the best
interest of the government. These include the following: (1) Desire to
automatically waive use fees for stakeholders. Automatically waiving
use fees for all events greatly would diminish the financial support to
the USNA. (2) Concern that the prior approval to serve beer and wine is
unnecessary and unwarranted. Current ARS policy requires prior approval
by the USNA Director and Beltsville Area Director for the consumption
of beer and wine at the USNA. Departmental regulations as well as
Federal Property Management Regulations restrict use of alcohol on
Federal property. (3) A request was made to allow raffles at the USNA.
Raffles require a permit from the District of Columbia and may reflect
a less than positive image of USDA when raffles are held on USDA
property. (4) A comment that fees collected will be dedicated, in part,
for the maintenance of the particular USNA site that generated the
fees. Since the funds generated will be used to maintain the USNA, the
more popular facilities will naturally tend to receive more of the
funds, but the USNA is not committing to a rigid funding formula. (5)
Concern that the fee for use of the courtyard area within the National
Bonsai and Penjing Museum is too low. The fee is in line with
facilities use fees in other institutions and in consideration of the
geographical location of the USNA. The fee will be evaluated and
reconsidered after the first and second years of facilities use. Fees
may be adjusted based upon the demand for this space and the level of
maintenance needed to support the facilities use.
Lastly, some stakeholder comments reflect current practices of the
USNA and therefore are not addressed in the final rule. These include:
(1) Concern about closing the Bonsai and Penjing Museum during normal
visitation hours for special events. The current policy is that special
events will generally not result in the closing of the Museum to
visitors during normal visitation hours; however, special exceptions
may be made at the discretion of the USNA Director; (2) Concern over
staffing for security during special events. The current practice of
the USNA is to provide additional supervision, including additional
security staff, as necessary to protect the grounds and assets of the
USNA; (3) Concern about protecting and preserving the existing
facilities and landscape at the Friendship Garden. Guidelines issued by
the USNA for facilities use will help ensure that the quality and
condition of the garden displays, collections, and facilities are not
compromised.
Classification
This rule change has been reviewed under Executive Order 12866, and
it has
[[Page 55708]]
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 rule change 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 change 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, Pub. L. 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
and assigned OMB control number 0518-0024 for the use of facilities or
the performance of photography/cinematography at the USNA.
List of Subjects in 7 CFR Part 500
Agricultural research, Federal buildings and facilities, Government
property, USNA, Photography, Cinematography, User fees.
0
For the reasons set out in the preamble, 7 CFR part 500 is revised as
set forth below:
PART 500--NATIONAL ARBORETUM
Subpart A--Conduct on U.S. National Arboretum Property
Sec.
500.1 General.
500.2 Recording presence.
500.3 Preservation of property.
500.4 Conformity with signs and emergency directions.
500.5 Nuisances.
500.6 Gambling.
500.7 Intoxicating beverages and narcotics.
500.8 Soliciting, vending, debt collection, and distribution of
handbills.
500.9 Photographs for news or advertising.
500.10 Pets.
500.11 Vehicular and pedestrian traffic.
500.12 Weapons and explosives.
500.13 Nondiscrimination.
500.14 Exceptions.
500.15 Penalties and other law.
Subpart B--Fee Schedule for Certain Uses of National Arboretum
Facilities and Grounds.
500.20 Scope.
500.21 Fee schedule for tram and tours.
500.22 Fees and conditions for use of facilities and grounds.
500.23 Fees for commercial photography and cinematography on
grounds.
500.24 Fee schedule.
500.25 Payment of fees.
Authority: 20 U.S.C. 196(a); sub secs. 2, 4, 5; 40 U.S.C.
121(d); 40 U.S.C. 1315(c).
Subpart A--Conduct on U.S. National Arboreturm Property
Sec. 500.1 General.
The rules and regulations in this part apply to the buildings and
grounds of the U.S. National Arboretum (USNA), Washington, DC, and to
all persons entering in or on such property. The Administrator, General
Services Administration, has delegated to the Secretary of Agriculture,
with authority to further delegate, the authority to make all the
needful rules and regulations for the protection of the buildings and
grounds of the USNA (34 FR 6406). The Secretary of Agriculture has in
turn delegated such authority to the Administrator, Agricultural
Research Service (34 FR 7389). The rules and regulations in this part
are issued pursuant to such delegations.
Sec. 500.2 Recording presence.
Admission to the USNA during periods when it is closed to the
public will be limited to authorized individuals who may be required to
sign the register or display identification documents when requested by
the Security Staff, or other authorized individuals.
Sec. 500.3 Preservation of property.
(a) While at the USNA, it is unlawful to:
(1) Willfully destroy, damage, or remove USNA property or any part
thereof;
(2) Set or maintain any open fire on the property of the USNA;
however, the use of small candles may be approved at the discretion of
the Director, USNA; or
(3) Apply any type of insecticide or herbicide on the grounds of
the USNA, except for USNA employees in the course of their official
duties or other persons authorized by the Director, USNA.
(b) Persons not employed by USNA are not permitted to bring
biological agents of any kind, including but not limited to disease and
pest agents of plants, onto the property without written permission of
the Director, USNA.
Sec. 500.4 Conformity with signs and emergency directions.
Persons in and on property of the USNA shall comply with official
signs of prohibitory or directive nature and with the directions of
authorized individuals.
Sec. 500.5 Nuisances.
(a) The use of loud, abusive, or otherwise improper language;
unwarranted loitering, sleeping, or assembly; the creation of any
hazard to persons or things; improper disposal of rubbish; spitting;
prurient prying; the commission of any obscene or indecent act, or any
other unseemly or disorderly conduct; throwing articles of any kind
from a building, and climbing upon any part of a building is
prohibited.
(b) Playing of music or creation of other noises of a decibel level
high enough to be heard outside of the USNA is prohibited.
Sec. 500.6 Gambling.
Participating in games for money or other personal property, or the
operation of gambling devices, the conduct of a lottery or pool, or the
selling or purchasing of numbers tickets, in or on USNA property, is
prohibited.
Sec. 500.7 Intoxicating beverages and narcotics.
(a) Entering USNA property or the operation of a motor vehicle
thereon, by a person under the influence of intoxicating beverages or a
narcotic drug, is prohibited.
(b) Except as provided in subpart B of this part, possession of or
consumption of intoxicating beverages on USNA property is prohibited.
(c) The sale of alcoholic beverages on the grounds of the USNA is
prohibited.
(d) The possession of or use of narcotic drugs on the grounds of
the USNA is prohibited.
Sec. 500.8 Soliciting, vending, debt collection, and distribution of
handbills.
(a) The following activities are prohibited on USNA grounds:
(1) Soliciting of alms or contributions;
(2) Display or distribution of commercial advertising;
(3) Collecting private debts;
(4) Campaigning for election to any office;
[[Page 55709]]
(5) Soliciting and vending for commercial purposes (including, but
not limited to, the vending of newspapers and other publications);
(6) Soliciting signatures on petitions, polls, or surveys (except
as authorized by the USNA); and
(7) Impeding ingress to or egress from the USNA.
(b) Distribution to USNA general public visitors of material such
as pamphlets, handbills, and flyers is prohibited without prior
approval of the Director, USNA.
(c) The prohibitions in paragraphs (a) and (b) of this section do
not apply to:
(1) Commercial or nonprofit activities performed under contract or
concession with the USNA or pursuant to the provisions of the Randolph
Sheppard Act;
(2) The solicitation of USNA personnel for contributions for the
Combined Federal Campaign (CFC);
(3) National or local drives for funds for welfare, health, and
other purposes sponsored or approved by the Agricultural Research
Service; or
(4) Personal notices posted by employees on authorized bulletin
boards.
Sec. 500.9 Photographs for news or advertising.
Photographs for news purposes may be taken at the USNA without
prior permission. Photographs for advertising and other commercial
purposes may be taken, but only with the prior approval of the
Director, USNA and fees may be charged pursuant to Sec. 500.23.
Sec. 500.10 Pets.
Pets brought upon USNA property must have proper vaccinations and,
except assistance trained animals, must be kept on leash at all times.
The release or abandonment of fish, plants, and animals of any kind on
USNA grounds is prohibited.
Sec. 500.11 Vehicular and pedestrian traffic.
(a) Drivers of all vehicles in or on USNA property shall drive only
on established roads, shall drive in a careful and safe manner at all
times, and shall comply with the signals and directions of the Security
Staff and all posted traffic signs.
(b) The blocking of entrances, driveways, walks, loading platforms,
or fire hydrants, and parking in designated no parking areas in or on
USNA property is prohibited.
(c) Except in emergencies, parking in or on USNA property in other
than designated areas is not allowed without a permit. Parking without
authority, parking in unauthorized locations or in locations reserved
for other persons, or contrary to the direction of posted signs, is
prohibited.
(d) USNA approval is required for all vehicles needed for access
setup and breakdown activities relating to special events, ceremonies,
or related activities. Off-road routes will be determined by the USNA.
(e) In addition to the penalties provided in Sec. 500.15, vehicles
parked in violation of this section are subject to being towed and the
cost of such towing being assessed to the owner of such vehicle.
(f) This section may be supplemented from time to time, by the
issuance and posting of specific traffic directives as may be required,
and when so issued and posted such directives shall have the same force
and effect as if incorporated in this subpart.
Sec. 500.12 Weapons and explosives.
(a) No person while in or on USNA property shall carry firearms,
other dangerous or deadly weapons, or explosives, either openly or
concealed, except for authorized official purposes.
(b) No person while in or on the USNA shall ignite fireworks or
other pyrotechnical devices.
Sec. 500.13 Nondiscrimination.
The USNA is subject to the policy of nondiscrimination in programs
or activities conducted by the United States Department of Agriculture
as set forth in 7 CFR part 15d.
Sec. 500.14 Exceptions.
The Administrator, Agricultural Research Service, may in individual
cases make prior, written exceptions to the rules and regulations in
this part if it is determined to be not adverse to the public interest.
Sec. 500.15 Penalties and other law.
Whoever shall be found guilty of violating the rules and
regulations in this subpart is subject to fine under title 18, United
States Code, or imprisonment of not more than 30 days, or both (see 40
U.S.C. 1315(c)). Nothing contained in the rules and regulations in this
part shall be construed as abrogating or authorizing the abrogation of
any other regulations or any Federal law or any laws and regulations of
the District of Columbia that may be applicable.
Subpart B--Fee Schedule for Certain Uses of National Arboretum
Facilities and Grounds
Sec. 500.20 Scope.
This subpart sets forth schedules of fees for temporary use by
individuals or groups of United States National Arboretum (USNA)
facilities and grounds. This subpart 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 tram and tours.
The USNA provides tours of the USNA grounds in a 48-passenger tram
(accommodating 2 wheelchairs). The fee is as follows: $4.00 per adult,
$3.00 per senior citizen or Friend of the National Arboretum, and $2.00
per child under the age 17. Children under 4 sharing a seat with an
adult will not be charged. Pre-scheduled tram tours for groups may be
arranged for a set fee of $125.00. Additionally, a 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. Payment for use of the tram
is due at the time of ticket purchase. Payment for pre-scheduled tram
tours must be made at least one week in advance. Payment for pre-
scheduled, non-tram guided tours must be made at least one week in
advance of the tour date.
Sec. 500.22 Fees and conditions for use of facilities and grounds.
(a) Fee requirement. (1) The USNA will charge a fee for temporary
use by individuals or groups of USNA facilities and grounds. Fees for
specific sites are listed in Sec. 500.24.
(2) Non-profit scientific or educational organizations whose
purposes and interests are complementary to the mission of the USNA and
which substantially support the mission and purpose of the USNA (e.g.,
Friends of the National Arboretum, National Bonsai Foundation, National
Capital Area Federation of Garden Clubs, Herb Society of America) may
be exempted from the fee for use of USNA facility or grounds
requirement of this subpart by the Director, but still must reimburse
the USNA for its costs, including setup, clean-up, security, and other
costs as applicable.
(3) A Half Day usage is defined as 4 hours or less; a Whole Day
usage is defined as more than 4 hours in a day. In all cases, usage
includes all time during which a venue is committed,
[[Page 55710]]
including time used to set up before and clean up after an event. For
after-hours usage of sites or facilities, an additional $40/hour will
be added for supervision for each required staff member or security
officer, with higher amounts required for sites or facilities that are
more sensitive.
(b) Reservations. (1) Facilities and grounds are available by
reservation at the discretion of the Director of the USNA and may be
available to individuals or groups for uses that are consistent with
the mission of the USNA. Agency initiatives may be granted first
priority. Offices and hallways inside secured doors will not be
available for use.
(2) Reservations to use USNA facilities and grounds may be made
directly with the USNA. To ensure consideration, reservation requests
should be made as far in advance as possible with a minimum of 15
calendar days prior to the date of use required for all reservations.
This advanced notice will provide the USNA adequate time to prepare
sites and assign staff and supervision as necessary.
(3) The USNA will make every effort to respond to requests in a
quick and timely fashion. The USNA will respond to reservation requests
within 5 working days with information as to whether the requested site
is available for use. The USNA will also give notice to the prospective
user of any planned activities (construction, maintenance, pesticide
applications, and any similar activities) that might affect the planned
use or event.
(4) A 50 percent non-refundable deposit will be due at the time of
a booking in order to reserve a specific date and location. The
remaining 50 percent is due five working days prior to the event.
(c) Terms and conditions of use. (1) The USNA provides space,
water, and electrical hookup when available, and restrooms where
available. Users must provide all tents, tables, chairs, trash
receptacles, or other property required for the scheduled event. Users
must remove all trash from the property at the conclusion of the event.
Users must remove all tents, tables and chairs, and other property no
later than 5:00 p.m. of the day following the event. The USNA will
charge a facility use and break down fee of $500.00 per day for each
day following the deadline to remove temporary facilities and
equipment. The USNA will not store temporary facilities or equipment
for users.
(2) Users must abide by USNA vehicle regulations in Sec. 500.11
including the requirement to obtain USNA approval whenever off road
access is required for setup.
(3) The USNA will not assume any responsibility for last minute
changes due to failure of current mechanical systems, severe storms and
other weather events, emergencies relating to security and safety.
(4) Some events that involve bringing animals and certain plants
onto the USNA property may not be compatible with the plant research,
display, and education mission of the USNA. Such events will be
evaluated on a case-by-case basis and exceptions may be made by the
Director of the USNA.
(5) Music and bands will be permitted but the decibel level of
music should not be loud enough to be heard outside the boundaries of
the USNA.
(6) (i) A refundable deposit as specified in paragraph (c)(6)(ii)
of this section for use of the facility or grounds, excluding the
classroom, will be collected in advance. In the event of building,
property, or grounds damage or excessive cleaning requirements, the
deposit will be used for repair and remediation and the balance will be
refunded within 30 days of the event date. In the event that cleaning
requirements or damage to the building, property or grounds exceeds the
amount of the refundable deposit, the deposit will be used in full,
with additional charges billed and due within 30 days of billing.
Damages to plants, grounds, facilities, or equipment will be assessed
on a value based on replacement costs, including labor.
(ii) Refundable Deposit Schedule.
------------------------------------------------------------------------
Refundable
Event fee deposit
required
------------------------------------------------------------------------
$15,000-10,000............................................. $2,000
$9,999-5,000............................................... 1,000
$4,999 and less............................................ 500
------------------------------------------------------------------------
(7) Upon prior request, the Director may approve the consumption of
beer and wine during uses of USNA pursuant to this section. Such
permission generally will not be granted during times when USNA is open
to the public. Director approval shall be conditioned upon compliance
by users and by any of their agents or contractors, with all applicable
provisions of the District of Columbia Code governing sale and
consumption of alcoholic beverages, including the rules of the District
of Columbia Department of Consumer Affairs, Alcoholic Beverage
Regulation Administration.
(8) All users of the USNA pursuant to this subpart, as well as all
those contracting with such users of the USNA, shall comply with all
Federal and local laws.
(9) The USNA is a Federal property under the jurisdiction of the
United States Department of Agriculture.
All activities are subject to Federal rules and regulations
governing the use of public buildings and grounds.
(10) The USNA will not be responsible for any damage or loss
suffered by an individual, group, or their contractor during a
permitted event at the USNA.
(11) The Director may impose additional incidental terms and
conditions concerning the use of the USNA facilities consistent with
this part.
(12) Marriage ceremonies and accompanying receptions may only be
held in the Dogwood Collection.
Sec. 500.23 Fees for commercial photography and cinematography on
grounds.
The USNA may charge a fee for the use of the facility or grounds
for purposes of commercial photography or cinematography as specified
in Sec. 500.24. 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. The USNA will charge for supervision
costs at the rate of $40.00 per hour per security officer, in addition
to the fees listed below. 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 First Amendment activity. The USNA will
charge a non-refundable application fee of $30 for commercial
photography or cinematography activities that use models, sets or props
that are not part of the natural, cultural resources, or administrative
facilities features of the site; take place where members of the public
are generally not allowed; or take place at a location where additional
administrative costs are likely. If the application is approved and
fees will be incurred, the application fee will be applied to the total
fee due. No other credits will be given for the application fee. Fee
payments for use of facilities or grounds or for commercial 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.
Sec. 500.24 Fee Schedule.
[[Page 55711]]
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Event by category Fee* Unit Notes
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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 10,000................................... Per Day................................. Up to 120 seated or 200
and Upper Courtyard. 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...................................... Per Day................................. Standard set-up with 40
50....................................... Per Half Day............................ chairs; includes microphone/
lectern, screen, projection
stand, two flip charts (no
paper), and trashcan.
Still Photography:
Individual....................... No Charge................................ ........................................ For personal use only;
includes hand-held cameras,
recorders and tripods.
Other................................ $30...................................... Application Fee......................... All photography that use
$250 plus Supervision.................... Per Half Day............................ 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...................................... Application Fee......................... Set up; no filming.
$250 plus Supervision.................... Per Whole Day...........................
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.
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*Fees include only access to sites; additional security charges may be necessary depending upon the site and the number of people participating.
Sec. 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
