36 C.F.R. § 5.5

Commercial filming, still photography, and audio recording

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(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR part 5, subpart A. Failure to comply with any provision of 43 CFR part 5 is a violation of this section.

(b) Audio recording does not require a permit unless:

(1) It takes place at location(s) where or when members of the public are generally not allowed;

(2) It uses equipment that requires mechanical transport;

(3) It uses equipment that requires an external power source other than a battery pack; or

(4) The agency would incur additional administrative costs to provide management and oversight of the permitted activity to:

(i) Avoid unacceptable impacts and impairment to resources or values; or

(ii) Minimize health or safety risks to the visiting public.

(c) Cost recovery charges associated with processing the permit request and monitoring the permitted activity will be collected.

(d) The location fee schedule for still photography conducted under a permit issued under 43 CFR part 5 applies to audio recording permits issued under this part.

(e) Information collection. The Office of Management and Budget (OMB) has approved the information collection requirements associated with National Park Service commercial filming permits and assigned OMB Control Number 1024-0026. Your response is required to obtain or retain a benefit. We may not collect or sponsor and you are not required to respond to an information collection unless it displays a currently valid OMB control number. You may send comments on this information collection requirement to the Information Collection Clearance Officer, National Park Service, 1849 C Street, Washington, DC 20240.

[78 FR 52094, Aug. 22, 2013]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2009–2021 · leading case: United States v. Baca, 610 F. Supp. 2d 1203 (E.D. Cal. 2009).

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United States v. Baca, 610 F. Supp. 2d 1203 (E.D. Cal. 2009). · cites it 3× “1 (a) (5), trespassing on a cultural resource, (2) 36 C.F.R. § 5.5 (a), filming a motion picture in a national park without a permit, and (3) 36 C.”

Price v. Barr (D.D.C. 2021). · cites it 22× “Part 5 and 36 C.F.R. § 5.5 . Mr. Price brings this action against the Attorney General of the United States of America, the Secretary of the Department of the Interior, and the Director of the National Park Service (“NPS”) (collectively, “Defendants”).”

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