Superintendent's Compendium

 

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

The CFR is also available on the Internet.

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

The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 et.seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (16 U.S.C. Section 1). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (16 U.S.C. Section 3).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 (16 U.S.C. Sections 1a1-1a8), 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.”16 U.S.C. Section 1c defines the National Park System as ”…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”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 visitor 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

  • Will the use or activity compromise employee or public safety?

  • Will the use or activity conflict with or be incompatible with traditional park uses and activities?

  • Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?

  • Will the use or activity damage the park’s protected natural and cultural resources and other protected values?

  • Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?

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.

6. 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 Chief Ranger at the park address found below.

7. 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.

8. 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 and remains in effect until revised for a period up to one year.

9. Additional Information

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

10. Availability

Copies of the Compendium are available at: https://www.nps.gov/flni/learn/management/lawsandpolicies.htm

B. 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 Flight 93 National Memorial. 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.Definitions:

  • FLNI: Flight 93 National Memorial

  • Family member: A verified family member of the passengers or crew of United Flight 93. This verification is established on the FLNI family list located at Headquarters or upon verification from the Superintendent.

  • Authorized personnel: Includes all employees of the National Park Service or those individuals authorized by Park Management.

  • Debris Field: Includes the entire fenced area which includes the Crash Site, and Hemlock Grove.

  • Crash Site: Includes the fenced in area immediately surrounding the center of impact of Flight 93 up to the Memorial Plaza Walkway.

  • Hemlock Grove: Includes the fenced in area behind the Crash Site containing a grove of Hemlock trees and cabins.

  • Family Walkway: Includes the walkway that connects the Crash Site Access Road to the Wall of Names.

  • Crash Site Access Road: The road that connects the Rollock Road to the Crash Site and Family Walkway.

  • Memorial Plaza: Includes the Wall of Names, Memorial Plaza and the Visitor Shelter area, and the walkway from the Visitor Shelter to the Wall of Names.

  • "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.

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:

  • The park is open daily from Sunrise to Sunset.

  • Visitor centers and public buildings are open as scheduled and posted at the facility, park website and/or through press releases.

  • Park visitor centers and other public facilities are closed on the following designated federal holidays: New Year’s Day (January 1), Thanksgiving Day, and Christmas Day (December 25).

  • The park superintendent may close park facilities due to severe weather on an as needed basis.

Closures:

  • All acid mine drainage treatment areas.

    • This closure is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.

  • All construction sites.

    • This closure is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.

  • Employee residence areas and access roads, maintenance areas and access roads.

    • This closure is established to protect the privacy of park residents and the integrity of safe park operations and is the minimum restriction necessary to achieve such protection.

  • All buildings except park visitor center, shelters, park headquarters and public restrooms.

    • This closure is established to protect the health and safety of park visitors and the fragile nature of historic structures and is the minimum restriction necessary to achieve such protection.

  • All or portions of the park or any building when necessary to protect the public from unsafe conditions or to protect the park resources from irreversible damage. Signs will be posted to announce such temporary closures.

    • This closure is established to protect the health and safety of park visitors and is the minimum restriction necessary to achieve such protection.

  • The area designated as the Crash Site of Flight 93, Debris Field of Flight 93, Family Walkway and the Crash Site Access Road. Only authorized Family members or other authorized personnel may enter these areas.

    • This closure is necessary to protect the last resting place of the passengers and crew, protection of cultural resources, implementation of management responsibilities and is the minimum restriction necessary to achieve such protection.

  • All waters are closed to swimming or wading.

    • This closure is established for the maintenance of public health and safety, protection of natural resources, and is the minimum restriction necessary to achieve such protection.

  • All park wetlands are closed to public use.

    • This closure is established for the maintenance of public health and safety, protection of natural resources, and is the minimum restriction necessary to achieve such protection.

  • All park lands are closed to recreational activities such as kite flying, ball playing, model airplane, including drones and model rocket flying, Frisbee throwing, sunbathing, geocaching, or similar recreational activities.

    • This closure is established for the maintenance of public health and safety, protection of natural or cultural resources, implementation of management responsibilities, avoidance of conflict among visitor use activities, and is the minimum restriction necessary to achieve such protection. Furthermore, National Park Service units are designed to provide for visitor experiences in which the park’s natural and cultural resources are protected in such a manner as to provide for their enjoyment by future generations. Noise and nuisance complaints have been documented in other NPS units where there has been use of unmanned aircraft systems. Their use is not compatible with visitors experiencing the quiet and solitude expected in a National Memorial. Additionally, unmanned aircraft systems have been shown to impact wildlife. Activities which disturb nesting, breeding and other activities are prohibited under 36 CFR § 2.2.

Conditions and Exceptions:
1. This closure does not apply to the following activities:
(a) Administrative use of unmanned aircraft as approved in writing by the Associate Director of Visitor Resource Protection for such purposes as scientific study, search and rescue operations, fire operations, and law enforcement. Administrative use includes the use of unmanned aircraft by (i) NPS personnel as operators or crew; (ii) cooperators such as government agencies and universities that conduct unmanned aircraft operations for the NPS pursuant to a written agreement; and (iii) other entities, including commercial entities, conducting unmanned aircraft operations for the NPS, provided such entities are in compliance with all applicable FAA and Department of the Interior requirements. (b) Activities conducted under a Scientific Research and Collecting Permit that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection in consultation with the Associate Director for Natural Resource Stewardship and Science.(c) Activities conducted under a Special Use Permit (NPS Form 10-930) that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection.Pertinent Aircraft and Air Delivery information are stated in 36 CFR §2.17

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

Motor Vehicles:

  • All trails, pipelines and transmission line rights-of-way, and non-designated roads are closed to motor vehicle traffic except for park staff or those individuals authorized by Park Management. Operation of a wheeled vehicle used to accommodate handicapped individuals is permitted.

  • This restriction is established to protect park resources from unnecessary damage and erosion due to off-road motor vehicle use and is the minimum restriction necessary to achieve such protection.

Trails:

  • All trails, either paved or unimproved, are open to foot traffic only, except for wheeled vehicles used to accommodate handicapped individuals.

  • This restriction is established to protect park resources from unnecessary damage and erosion due to off-road motor vehicle use and is the minimum restriction necessary to achieve such protection.

Bicycles:

  • Bicycle use is prohibited on park roads closed to public travel. Bicycle use is prohibited on all trails and walkways from the Memorial Plaza to the Wall of Names and the Flight Path walkway near the Visitor Center.

  • This restriction is established to protect park resources from unnecessary damage and erosion, the maintenance of public health and safety and is the minimum restriction necessary to achieve such protection.

Photography/Videography

  • Taking Photographs and/or video recordings of the images and displays within the Visitor Center is prohibited
  • This restriction is established to protect the copyrights of the creator of the images within the Visitor Center. Some audio and video clips, photographs and objects in the Visitor Center are on loan to the park by third parties whose use and/or loan requirements specifically prohibit photography

Picnicking:

  • Picnicking is allowed only in the following designated sites:

  • Memorial Plaza

  • Memorial Plaza Parking area

  • This restriction is established for the protection of park resources and is he minimum restriction necessary to achieve such protection.

Vehicle Maintenance:

  • Washing, waxing, cleaning, or lubricating motor vehicles or repairing or performing any mechanical work upon motor vehicles, except in emergencies, are not permitted.

  • This restriction is established to protect the health and safety of park visitors, the fragile nature of the park, and is the minimum restriction necessary to achieve such protection.

Special Activities:

  • Activities or temporary structures that detract from the visitor experience and that are not related to park purpose, themes, or co-sponsored by the park are not permitted.

  • This restriction is established to protect the health and safety of park visitors, the protection of natural or cultural resources, the implementation of management responsibilities, to minimize conflict between user groups, and is the minimum restriction necessary to achieve such protection.

Wall of Names:

  • Rubbings of the names on the Wall of Names, items placed between the panels, writing with chalk or other marker, or applying, affixing, or attaching any substance or object to the memorial is prohibited.

  • This restriction is established for the protection of cultural resources and is the minimum restriction necessary to achieve such protection.

Face Mask Requirement:

  • 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 Park Service, 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 8 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.

Filming:

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 involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
  • (a)(2) 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. Basedupon 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
  • Avoid conflict among visitor use 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.
  • Areas closed to the public during the entire calendar year will not be considered for permitting.
  • 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:
  • Engaging in a filming activity without providing advance notice to the Superintendent when required.
  • Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.
  • 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.


Radio-Controlled and Unmanned Aerial Vehicles:

  • Launching, landing, or operating an unmanned aircraft, including drones, from or on lands and waters administered by the National Park Service (NPS) within the boundaries is prohibited except as approved in writing by the Superintendent.

Determination of Closure/Limit

National Park Service units are designed to provide for visitor experiences in which the park’s natural and cultural resources are protected in such a manner as to provide for their enjoyment by future generations. Noise and nuisance complaints have been documented in other NPS units where there has been use of unmanned aircraft systems. Their use is not compatible with visitors enjoying their National Parks in an unimpaired state. Additionally, unmanned aircraft systems have been shown to impact wildlife. Activities which disturb nesting, breeding and other activities are prohibited under 36 CFR § 2.2. In addition to preserving the natural and cultural resource qualities, visitor solitude, and ecosystem processes of the park, this closure is also necessary to provide for the security of closed park areas. The use of unmanned aircraft systems would provide an unacceptable security threat to areas of the park which are closed to the public. Less restrictive measures are not sufficient for security due to the sensitive nature of these closed areas.”

Conditions and Exceptions:

This closure does not apply to the following activities:

  1. Administrative use of unmanned aircraft as approved in writing by the Associate Director of Visitor Resource Protection for such purposes as scientific study, search and rescue operations, fire operations, and law enforcement. Administrative use includes the use of unmanned aircraft by (i) NPS personnel as operators or crew; (ii) cooperators such as government agencies and universities that conduct unmanned aircraft operations for the NPS pursuant to a written agreement; and (iii) other entities, including commercial entities, conducting unmanned aircraft operations for the NPS, provided such entities are in compliance with all applicable FAA and Department of the Interior requirements.

  2. Activities conducted under a Scientific Research and Collecting Permit that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection in consultation with the Associate Director for Natural Resource Stewardship and Science.

  3. Activities conducted under a Special Use Permit (NPS Form 10-930) that specifically authorizes launching, landing, or operating an unmanned aircraft and is approved in writing by the Associate Director of Visitor Resource Protection.

Pertinent Aircraft and Air Delivery information are stated in 36 CFR §2.17.This condition is established to protect the health and safety of park visitors and to minimize conflict between user groups and is the minimum restriction necessary to achieve such protection.

(c) Except in emergency situations, prior to implementing or terminating a restriction, condition, public use limit or closure, the superintendent shall prepare a written determination justifying the action. That determination shall set forth the reason(s) the restriction, condition, public use limit or closure authorized by paragraph (a) has been established, and an explanation of why less restrictive measures will not suffice, or in the case of a termination of a restriction, condition, public use limit or closure previously established under paragraph (a), a determination as to why the restriction is no longer necessary and a finding that the termination will not adversely impact park resources. This determination shall be available to the public upon request.

36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT


(b) Permit Application

  • Permit applications must be filed with the Superintendent at least 10 days before the anticipated activity. Applications are accepted no earlier than one year in advance of the proposed event. Permit applications must be accompanied by a $50 non-refundable Application Fee. When a permit is requested for the exercise of First Amendment rights, including freedom of assembly, speech, religion, and the press, the superintendent will issue the permit without any requirement for fees, cost recovery, bonding, or insurance.

(e) Permit Terms and Conditions

  • Additional use and monitoring fees may be charged in accordance with established policy and procedure.

(f) The following is a compilation of those activities and/or public uses for which a permit from the superintendent is required:

  • §1.5(d) Relating to Public Use Limits:

    • To implement a public use limit, the Superintendent may establish a permit, registration, or reservation system. Permits shall be issued in accordance with the criteria and procedures of 36 CFR 1.6.

    • The use of horses requires a permit, see section 2.16.

      • §2.2(d) Transporting lawfully taken wildlife across the park.

  • §2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)

  • §2.12 Audio Disturbances:

    • (a)(2) Operating a chain saw in developed areas.

    • (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-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 Soliciting 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)

  • §2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

  • §2.51(a) Demonstrations by more than 25 people

  • §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising by more than 25 people

  • §2.62 Memorialization:

    • (a) Erection of monuments (Requires approval from the Director)

    • (b) Scattering ashes from human cremation

  • §3.3 Boating

  • §5.1 Advertisements - (Display, 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 Commercial Photography:

    • Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.

    • Areas closed to the public during the entire calendar year will not be considered for permitting.

    • Permits will not be issued for the following areas closed to public access: Crash Site of Flight 93, Debris Field of Flight 93 / Sacred Ground, Family Walkway and the Crash Site Access Road.

  • §5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.

Applications for permits for the above-listed activities may be obtained by calling Flight 93 National Memorial at 814-893-6322.

GENERAL REGULATIONS

36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES


(a) Except as otherwise provided in this chapter, the following is prohibited:

  • (5) Walking on, climbing, entering, ascending, descending, or traversing an archaeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the Superintendent.

  • (6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archaeological resources.

(b) Restricted hiking or pedestrian traffic is listed in Section 1.5 of this document.
(c)(1), (c)(2) The following fruits, nuts and berries may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:

  • Berries: 1 gallon per person/group per day.

  • Nuts: 1 pound per person/group per day.

  • Mushrooms: ½ pound per person/group per day.

  • Fruits: ½ bushel per person/group per day.

This restriction is established to allow for collection of fruits, nuts, berries, and mushrooms by hand and for personal consumption in the quantities outlined above, which will not adversely affect park resources, and is the minimum restriction necessary to achieve such protection.

36 CFR §2.2 - WILDLIFE PROTECTION


(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

  • Transportation of lawfully taken game is prohibited within the boundaries of the park unless prior notification has been received and approval given by the Superintendent. Approval will be given only if there is no other method or route to transport the wildlife without entering the park. Information must be given as to the circumstances of why it is necessary to enter the park, and a park staff member must be present during the transportation.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

  • All areas of the parks are closed to the viewing of wildlife with an artificial light, including those areas within the parks along township roads and state highway routes.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS


18 U.S.C. § 930 prohibits the possession of firearms in “federal facilities”, which are defined as “buildings or parts thereof owned or leased by the federal government, where federal employees are regularly present for the purpose of performing their official duties.” These places are marked with signs at public entrances.
(d) The superintendent may issue a permit to carry or possess a weapon, trap or net under the following circumstances:
(1) When necessary to support research activities(3) For employees, agents or cooperating officials in the performance of their official duties.
(e) Authorized Federal, State, and local law enforcement officers may carry firearms in the performance of their official duties.
(h) Notwithstanding any other provision in 36 CFR §2.4, a person may possess, carry, and transport concealed, loaded, and operable firearms within the park in accordance with the laws of the state of Pennsylvania, except as otherwise prohibited by applicable Federal law. The role of the responsible gun owner is to know and obey the federal, state, and local laws appropriate to the park they are visiting.Traps and nets may only be carried, possessed, or used by appropriate staff members and/or authorized researchers while conducting natural resources studies and require a permit from the Superintendent.

36 CFR §2.11 – PICNICKING


Certain areas have been closed to picnicking and are listed in section 1.5(a)(2) Closures. Conditions for Picnicking:

  • The use of open fires for food preparation is prohibited except for receptacles allowed in section 2.13 Fires.

36 CFR 2.13 – FIRES


(a)(1) The lighting or maintaining a fire is prohibited, except in designated areas or receptacles and under the conditions that may be established by the superintendent.

Designated Areas:

  • Fires may be lit and maintained under the terms of a permit issued pursuant to Sections 2.50 or 2.51, if the special condition terms specifically authorize the fire.

Receptacles Allowed:

  • Portable gas grills and camping stoves utilizing propane or liquid fuels are permitted. See “Established Conditions” below.

Established Conditions for Fires:

  • Fires may be lit by park employees or other approved officials under conditions that may be established by the Superintendent.

  • No fire may be left unattended.

  • Fires may be maintained only in portable gas grills brought to the park by visitors.

  • Portable gas grills and camping stoves are permitted to be used in the Visitor Center picnic area only.

36 CFR §2.14 – SANITATION and REFUSE


(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited.

  • FLNI is a “trash free” park.

  • Visitors are responsible for their own trash management, collection, and removal from the parks. Disposal of refuse in park restrooms, comfort stations, restroom vaults or port-a-johns is prohibited.

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 any public building or office except for service animals.

  • Pets are permitted in areas not designated closed to pets provided they are restrained on a leash which shall not exceed six feet in length or otherwise physically confine a pet at all times.

  • Pets are not permitted in the following designated areas:

    • Debris Field, Family Walkway, Crash Site Access Road, Flight Path Overlook, the Memorial Plaza, including the Wall of Names

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

  • Pet excrement must be removed from all park areas.

(e) Pets may be kept by park residents under the following conditions:

  • Pets are not allowed in single family government quarters or leased housing except by written permission from the Superintendent.

36 CFR §2.16 – HORSES and PACK ANIMALS

(b) The use of horses or pack animals outside of trails, routes or areas designated for their use is prohibited:

  • No areas have been designated open to the use of horses or pack animals.

  • Horses are allowed with a permit issued under sections 1.6 or 2.50.

36 CFR §2.21 – SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking which includes the use of ENDS (Electronic Nicotine Delivery System) or similar vaping devices as noted:

  • All park buildings

  • Within 25 feet of any entrance or exit primarily accessed by the visiting public.

  • Within 25 feet of any entrance or exit not generally accessed by the public, where smoking would result in smoke traveling through doorways, windows, air ducts or other openings.

  • Within any type of government-owned or leased vehicle, including heavy equipment, watercraft or aircraft.

36 CFR §2.22 – PROPERTY


(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions:

  • Unattended property is prohibited in the parks, including that property associated with the activity known as “Geocaching.”

  • The leaving of tributes is permitted in designated areas only.

  • Tributes of small size and weight and do not contain Hemlock, including but not limited to such items as artwork, plaques, ball caps, patches, flags, flowers, painted rocks, crosses, hand-written messages may be left in the niche of the Memorial Plaza and in front of the Wall of Names. The National Park Service retains the right to relocate or remove items.

36 CFR §2.35 – ALCOHOLIC BEVERAGES

(a)(3)(i) The consumption of alcoholic beverages, and/or 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 is prohibited in the following public use areas:

  • Within all public use buildings.

  • On or within 100 feet of all roads, trails, walkways and parking lots.

  • Within 300 feet of public use buildings and facilities.

  • This closure is established because such activity would be inappropriate considering other uses of the location and the purpose for which it is maintained or established and are the minimum restrictions necessary to achieve such protection.

36 CFR §2.51 – DEMONSTRATIONS

(b) Demonstrations of more than 25 people are allowed within park areas designated as available under paragraph
(c)(2) when the superintendent has issued a permit for the activity.

(b)(1) Demonstrations involving 25 persons or fewer may be held without a permit in designated park areas, provided that the requirements in §2.51(b) are met. The 25-person maximum for the small group permit exception may be reduced pursuant to §2.51(b)(3).
(c)(2) The following locations are designated as available for demonstrations:

  • The grass area west of the Flight Path Walkway to the north of the Learning Center. (See Exhibit A).

  • The grass area north of the paved Visitor Center parking lot. (See Exhibit A).

36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER

(b) The sale or distribution of printed matter by more than 25 people is allowed within park areas designated as available under § 2.51(c)(2) (see above) when the superintendent has issued a permit for the activity.
(b)(1) The sale or distribution activity provided that it is not solely commercial advertising by 25 persons or fewer may be conducted without a permit within designated park areas, provided that the requirements in §2.52(b) are met. The 25-person maximum for the small group permit exception may be reduced pursuant to §2.52(b)(3). The following locations are designated under §2.51(c)(2) as available for the sale or distribution of printed matter:

  • Primary - The grass area west of the Flight Path Walkway to the north of the Learning Center. (See Exhibit A).

  • Secondary – The grass area north of the paved Visitor Center parking lot. (See Exhibit A).

36 CFR §2.62 – MEMORIALIZATION

(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.

  • Monuments intended to be gifted to the park shall be communicated to the Curator no less than 30 days prior to delivery. The National Park Service retains the right to remove any such monument for inclusion in the park’s curatorial archive collection.
    (b) A permit is required for the scattering of ashes from cremated human remains, in accordance with the following terms and conditions:

  • The remains to be scattered must have been cremated and pulverized.

36 CFR §3.3 – BOATING and WATER USE ACTIVITIES

  • Boating is allowed with a permit issued under section 1.6.

36 CFR §3.16 – SWIMMING and WADING

  • Swimming and wading are prohibited in all park waters as per 1.5 Closures.

36 CFR §4.21 – SPEED LIMITS


(b) The following speed limits are established for the routes/roads indicated:

  • The speed limit on the Approach Road is 35 miles per hour.

  • The speed limit on the Ring Road, Skyline and Headquarters Road is 25 miles per hour.

  • The speed limit on the Rollock Road and the Crash Site Access Road is 25 miles per hour

  • These speed limits have been designated because a determination has been made that greater speeds are unreasonable, unsafe, inconsistent with the purposes for which the park was established, and due to road characteristics and multi- use of vehicles and pedestrian travel.

36 CFR§4.30 – BICYCLES

(a) Park areas that are closed to bicycle use are listed in section 1.5 of this document.
(b) 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 hp). E-bikes are allowed in Flight 93 National Memorial 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. 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: sections 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 Flight 93 National Memorial 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.

 
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Last updated: March 5, 2022

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