Superintendent's Compendium

 

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National Park Service
US Department of the Interior

Superintendent's Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority

Dayton Aviation Heritage National Historical Park
16 South Williams St.
Dayton, Ohio 45402

Wright-Dunbar Interpretive Center
Wright Cycle Company
Huffman Prairie Flying Field/Interpretive Center
Paul Laurence Dunbar House Historic Site

 

Approved by: Kendell Thompson on 14 March, 2023

 

A. INTRODUCTION:

1. Superintendent’s Compendium Described

The Superintendent’s Compendium is the summary of park specific rules implemented under 36, Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.

The regulations contained in 36 CFT, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.

Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.

A final example is 36 CFR 2.1(c)(1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.

This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the National Park system.

A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: www.gpo.gov

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the internet at: www.ecfr.gov.

 

2. Laws and Policies Allowing the Superintendent to Develop this Compendium

The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “…regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”

In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.

In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”

In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitors and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.

 

3. Consistency of This Compendium with Applicable Federal Law and Requirements

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act. The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.

 

4. Development of the Requirements of the Superintendent’s Compendium

As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:

• Is the use or activity consistent with the NPS Organic Act and NPS Policy?
• Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
• Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
• Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
• Will the use or activity conflict with or be incompatible with traditional park uses and activities?
• Will the use or activity compromise employee or public safety?

 

5. Applicability of the Compendium

The rules contained in this Compendium apply to all persons entering, using, visiting, or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.

 

6. Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers enforce the requirements of the United States Code, 36 CFR, and this Superintendent’s Compendium.

 

7. Penalties for Not Adhering to the Compendium Requirements

A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Park Ranger, Law Enforcement Specialist at the park address found below.

 

8. Comments on the Compendium

The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time. Written comments on the Compendium may be submitted to:

Superintendent
Dayton Aviation Heritage National Historical Park
30 S. Williams St.
Dayton, OH 45402

 

9. Effective Date of the Superintendent’s Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document.

 

10. Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.

 

11. Availability

Copies of the Compendium are available at the Wright-Dunbar Interpretive Center, 16 S. Williams St., Dayton, OH, 45402.

 

12. Closed Circuit Television (CCTV)

In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Dayton Aviation Heritage National Historical Park uses Closed Circuit Television (CCTV) security camera monitoring.

The NPS’s use of CCTV is for law enforcement and security purposes and will only be used to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals.

This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers.

Operation of CCTV cameras will be in accordance with NPS and Departmental policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.

Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.

 

B. Dayton Aviation Heritage National Historical Park Superintendent's Compendium

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations ("36 CFR"), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply, to all lands and waters administered by the National Park Service, within the boundaries of Dayton Aviation Heritage National Historical Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent's use of discretionary authority, as required by Section 1.5(c). appear in this document identified by italicized print.

 

I. 36 CFR §1.5 - VISITING HOURS PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:

 

Visiting Hours

Visitor use of the park is limited to daylight hours, defined as one half hour before sunrise to one half hour after sunset. Visitation in other than daylight hours is incompatible with the educational and scientific purposes for which the park was established. The Superintendent makes exceptions for evening programs, approved Special Use Permits, or approval on an individual basis. Emergency closures will be posted and/or announced through the media. The Huffman Prairie Flying Field Interpretive Center grounds are open from 8:00 AM to 8:00 PM.

Visiting Hours: There are no overnight camping facilities in the park, and except for scheduled evening interpretive programs, there is no valid scientific or educational reason to allow visitor use of the park after dark. In addition, there are no park employees on site after dark. This would leave the site vulnerable to theft or vandalism if it remained open to the public. Visiting is therefore limited to daylight hours.

 

Filming Activities

Filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television.

The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:

• Outdoor filming activities [outside of areas managed as wilderness] involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:

• maintain public health and safety
• protect environmental or scenic values
• protect natural or cultural resources
• allow for equitable allocation and use of facilities, or
• to avoid conflict among visitor activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.

The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.

The following are prohibited:

1. Engaging in a filming activity without providing advance notice to the Superintendent when required.
2. Engaging in a filming activity without a permit if the activity takes place in areas managed as wilderness or if the Superintendent has notified the organizer in writing that a permit is required.
3. Violating a term and condition of a permit issued under this action.

Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

Determination: Filming activities that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to park areas.

 

Closures

• The Wright-Dunbar Interpretive Center, Huffman Prairie Flying Field Interpretive Center, and Paul Laurence Dunbar Historic Site are closed on Thanksgiving Day, Christmas Day, and New Year’s Day.
• The superintendent, in coordination with park partners, may approve seasonal closures of partner owned and/or co-managed facilities.

The Superintendent reserves the right to close the park or portions thereof for resource management purposes, non-public meetings, tribal government to government meetings and consultations, public holidays, national security or emergency situations.

 

The following restrictions and/or conditions are in effect for the specific uses or activities noted:

 

Unmanned Aircraft

• Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Dayton Aviation Heritage National Historical Park is prohibited except as approved in writing by the Superintendent.

Definition: Unmanned Aircraft (UA) - The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links.) This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.

Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Dayton Aviation Heritage National Historical Park is closed to the use of these devices. The use of unmanned aircraft within the boundaries of the park has the potential to harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. This closure is being implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.

 

Mask Wearing Requirements to Support Public Health

When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.

When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National ParkService, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.

When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.

Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.

Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask- wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.

Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.

 

(a)(3) The following area have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

 

First Amendment Demonstrations

A portion of the plaza at the Wright-Dunbar Interpretive Center is the designated area for First Amendment demonstrations and activities in accordance with 36 CFR 2.51(a), (activities that require a permit). Due to limitations of acceptable space, this is the only designated area.

Groups of 25 or fewer people are not required to obtain a permit although they are encouraged to do so in order to guarantee the availability of the designated area. Groups with a permit will be allowed use of the designated area over groups without a permit. Group size could be restricted based on activities and equipment related to the group. There shall be no more than one group demonstrating at one time.

Activities are further restricted, at the discretion of the superintendent, to those that are low impact and do not result in damage to park property or resources or cause undue interference with other visitors to the park, in accordance with 36 CFR 2.51(h) and other applicable state and federal law.

 

(a)(4) Dayton Aviation Heritage National Historical Park does not own or maintain any roadways or parking lots. All wheeled conveyances on the plaza at Wright-Dunbar Interpretive Center will follow local municipal ordinances.

 

E-Bikes

E-bikes are allowed in Dayton Aviation Heritage National Historical Park where traditional bicycles are allowed. E­-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.

The term "e-bike" means a two or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).

A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: section 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).

Except as specified in this Compendium, the use of an e-bike within Dayton Aviation Heritage National Historical Park is governed by State law, which is adopted and made a part of this Compendium. Any violation of state law adopted by this paragraph is prohibited.

Bicycles are permitted to operate on the Wright-Dunbar Interpretive Center plaza according to municipal ordinances.

Park themes are closely associated with the development and use of bicycles. Bicycles are utilized in interpretive and educational programming on the plaza

 

II. 36 CFR §1.6 - ACTIVITIES THAT REQUIRE A PERMIT

(f) The following is a compilation of those activities for which a permit from the Superintendent is required:

• §2.12 Audio Disturbances:

  • (a)(2) Operation of a power saw in developed areas
  • (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51
• §2.37 Solicitation or demanding gifts, money goods, or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)
• §2.38 Explosives:

• (a) Use, possess, store, transport explosives, and/or blasting agents
• (b) Use or possess fireworks

• §2.50 Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar event
• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expression of views
• §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
• §2.61(a) Residing on federal lands
• §2.62 Memorialization:
  • (a) Erection of monuments (requires approval from the Director)
  • (b) scattering ashes from human cremation
• §5.1 Advertisements - (Displays, posting or distribution)
• §5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations)
• §5.5 Still photography:

(a) Still photography activities are subject to the provisions of 43 CFR Part 5. Still photography does not require a permit unless:

• It uses a model, set, or prop
• It takes place where members of the public are not allowed
• The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts

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

• It takes place at locations where or when members of the public are generally not allowed
• The equipment requires mechanical transport
• It requires an external power source
• The activity requiresmonitoring
• The activity impacts resources

Activities that Require a Permit: The listed activities may be appropriate in very limited situations or may be compatible with the purposes of the park for specific educational or commemorative events. Some situations may make the park the appropriate space for the exercise of constitutionally protected rights. Therefore, the listed activities may be permitted with the approval of the Superintendent.

 

III. GENERAL REGULATIONS

36 CFR §2.11 - PICNICKING

Picnicking is permitted only in designated picnic areas. These areas are identified by the presence of picnic tables and/or trash cans.

Picnicking: The park provides picnic tables and other facilities at designated areas to limit impacts from animals, insects, and interference with educational activities.

36 CFR §2.11 - FIRES

(a)(1) The lighting or maintaining of fires is prohibited in the park except that the Superintendent may permit the use of fires for educational or interpretive purposes.

Fires: Fire is a potential hazard to park resources and facilities and to neighboring properties. The park closes at dark and has no facilities for overnight visitors. Therefore, there is no resource management, visitor service, or educational need for fires lit or maintained by visitors.

36 CFR §2.15 - PETS

(a)(1) The following structures and/or areas are closed to the possession of pets:

Pets are not allowed in buildings or structures except for Service Animals including, but not limited to, guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing-impaired persons, and physically disabled persons with assistance animals.

Animals within Building: To prevent conflicts with other visitors and staff, animals are not allowed in park buildings. Service animals are excepted from the rule.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

Pet excrement is to be removed from walkways, lawns, and other developed areas by the person responsible for the pet.

Pet Excrement: Pet owners are responsible for their animals, including cleaning up after their animals.

36 CFR §2.20 - SKATING, SKATEBOARDS, AND SIMILAR DEVICES

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are not allowed.

Skating, Skateboards, and Similar Devices: There is no valid educational reason to allow sport-like recreational activities at this site.

36 CFR §2.21 - SMOKING

(a) The following portions of the park, or all or portions of building, structures, or facilities are closed to smoking as noted:

Smoking is not allowed in park buildings.

Government-wide regulations prohibit smoking in Federal buildings.

36 CFR §2.35 - ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES

(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

The consumption of alcoholic beverages or the possession of an open container of an alcoholic beverage is prohibited in the following areas:

• Within all government buildings or facilities
• Within all walkways and pathways within the Wright Cycle Company Complex including throughout the Wright-Dunbar Plaza and the Sanford Court alley

Consumption of alcohol is allowed in conjunction with picnicking at the picnic table provided in the lawn behind the bicycle shop. Consumption of alcohol alone is not picnicking.

Prohibition in government buildings is intended to reduce conflict between users and enhance visitor safety and enjoyment. The park sponsors no interpretive event where alcohol is considered a contributive component to the visitor understanding of themes and/or educational elements. Prohibition on the pathways and walkways within the Wright Cycle Company Complex is consistent with City of Dayton Ordinance 90.14 and 90.14.1 which prohibit drinking an alcoholic beverage or possession of an open container of an alcoholic beverage in public. It is in the public’s interest to reduce confusion and maintain consistency in the application of law when two jurisdictions have concurrent authority that regulations be applied uniformly.

The consumption of alcohol would be inappropriate considering the purpose of the park area and the dignity and atmosphere of the area.

Exception: As authorized by the Superintendent through a special use permit at specific dates, times, and locations.