National Park Service
Wright-Dunbar Interpretive Center
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.
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.”
3. Consistency of This Compendium with Applicable Federal Law and RequirementsThe 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:
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 RequirementsNPS 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 RequirementsA 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 CompendiumThe 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:
Dayton Aviation Heritage National Historical Park
30 S. Williams St.
Dayton, OH 45402
9. Effective Date of the Superintendent’s CompendiumThe Superintendent’s Compendium is effective on the approval date listed on the first page of this document.
10. Additional InformationSome of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
11. AvailabilityCopies 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 HoursVisitor 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 ActivitiesFilming 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:
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:
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:
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.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
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 HealthAll individuals over the age of two regardless of vaccination status, must wear masks, except when actively eating or drinking, in all common areas and shared workspaces in buildings owned, rented, or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, and gift shops.
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 vaccination status, all individuals must comply with all orders regarding masks issued by the Centers for Disease Control and Prevention.
Park staff should not ask visitors whether or not they have been vaccinated. Absent evidence to the contrary, park staff should operate as though non-masked visitors are fully vaccinated.
The Superintendent has determined that this action, as appropriate and consistent with applicable law, is required to comply with Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing and Centers for Disease Control and Prevention guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.
(a)(3) The following area have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
First Amendment DemonstrationsA 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-BikesE-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:
(a) Still photography activities are subject to the provisions of 43 CFR Part 5. Still photography does not require a permit unless:
(b) Audio recording does not require a permit unless:
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.
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:
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.
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.
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:
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.
Last updated: September 29, 2021