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Compendium of Regulations CODE OF FEDERAL REGULATIONS TITLE 36, CHAPTER 1 2021 Compendium of Designations, Closures, Request Requirements, and Other Restrictions Imposed Under the Discretionary Authority of the Superintendent In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations, Chapter 1, Parts 1 through 7, authorized by Title 16, United States Code, Section 3, the following regulatory provisions are established for the proper management, protection, government and public use of the portions of Cumberland Gap National Historical Park under the jurisdiction of the National Park Service. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, and include the justifications and reasoning behind the use of the Superintendent's discretionary authority in setting forth the various closures, designations, etc., as listed in the Compendium required in Section 1.7(b). __________________________________________________________________ Authorized by Charles D. Sellars, Superintendent Date 1 SECTION 1.5 CLOSURES AND PUBLIC USE LIMITS (a)(1) -- VISITOR CENTER Hours: The visitor center is open 9:00 a.m. to 4:00 p.m. daily. The visitor center is closed on Christmas Day. Parking Lot: The visitor center parking lot is open to motor vehicles from 6:00 a.m. to 10:00 p.m. daily. (a)(1) -- BARTLETT PARK Bartlett Park Road and Picnic Area: Bartlett Park Road and Picnic Area is open from 6:00 am to 10:00 pm daily. (a)(1) -- WILDERNESS ROAD CAMPGROUND The Wilderness Road Campground is open on a year-round basis. Only the C loop and D loop will be accessible from the Tuesday following Thanksgiving to March 14th. Temporary campground closures may be in effect during periods of severe weather. (a)(1) -- AREA CLOSURES Any gated roads or gated areas may be closed during periods of adverse weather or for other hazards to public safety. (a)(2) -- USE RESTRICTIONS Bicycles Bicycles are permitted on: . All paved roads and paved trails, unless otherwise posted, . Shillalah Creek Road to the upper Hensley gate, . Boone and Colson Trails, . The designated bicycle path from Tiprell Road to Lincoln Memorial University. “Restricting vehicle access on unpaved roads reduces the damage to cultural, historical, and natural resources of the park.” E-bikes 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.). 2 E-bikes are allowed in Cumberland Gap NHP 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 Cumberland Gap NHP 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. Drift Trikes The use of drift trikes and similar devices designed to negotiate curves through the loss of friction of the rear wheels (drifting) is prohibited. This prohibition applies to both motorized and non-motorized versions of such devices and those with or without pedals that aid in propelling the device. Drifting is an inherently dangerous sport. Drift trikes and similar devices, although legally defined as bicycles in some jurisdictions, are not designed as a usual mode of travel or transportation. Drifting is normally identified as a sporting or recreational activity. Such activity is not safe or consistent with the purposes or enjoyment of the park. Drifting on curvy mountain roads that have no shoulder is an activity that places the person engaging in such activity and members of the visiting public in danger of serious injury or death. Horses Horses are not permitted on: • Boone Trail • Fitness Loop Trail • White Rocks Foot Trail • All trails West of Sugar Run Trail and • Sand Cave Trail Ridge Trail intersection • Hensley Settlement (except perimeter • Wilderness Road Campground road). • All picnic areas • Lewis Hollow Trail • All other developed areas and paved • Honey Tree Spur Trail roads • Greenleaf Nature Trail “The closure of certain parts of the Park to horses is due to either the high concentration of visitors on foot or to narrow trails and paved roads which pose hazards or not support horse traffic.” 3 Mask Wearing Individuals over the age of two years must wear masks, except when actively eating or drinking, in the following locations: 1. All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, the park visitor center, administrative offices, gift shop and restrooms. 2. The following outdoor areas, when others are present, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained: • outdoor areas adjacent to the visitor center, • parking lots, • common areas in the Wilderness Road Campground, including comfort stations and the amphitheater, • Pinnacle overlook and trail, • pedestrian tunnel beneath US Highway 58, • open-air pavilions at Bartlett Park, Sugar Run, Civic Park, and Lewis Hollow. 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. Justification: On January 20, 2021, the President signed Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing (E.O. 13991). E.O. 13991 directs federal agencies to: … immediately take action, as appropriate and consistent with applicable law, to require compliance with [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. The guidance for this requirement draws upon these principles to help halt the spread of coronavirus disease 2019 (COVID-19) and ensure that visitors to the National Park System do not threaten the health and safety of NPS employees, volunteers, partners and contractors, or other park visitors. Unmanned Aircraft Launch, landing, or operating unmanned aircraft within Cumberland Gap National Historical Park is prohibited except as approved in writing by the Superintendent. 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 4 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 recreation or commerce. The use of unmanned aircraft within the National Historical Park “has the potential to cause unacceptable impacts such as harming visitors, interfering with rescue operations, causing excessive noise, impacting view sheds, and disturbing wildlife.” The compendium closures required to implement this interim policy are necessary to maintain public health and safety in units of the National Park System and to protect park resources and values until the NPS can determine whether specific uses f unmanned aircraft on lands and waters administered by the NPS are appropriate and will not cause unacceptable impacts on park resources and values. This closure by the Superintendent implements Section 1.5 of NPS Management Policies 2006, which provides that a new form of park use may be allowed within a park only after a determination has been made in the professional judgment of the Superintendent that it will not result in unacceptable impacts on park resources and values. When proposed park uses and the protection of park resources and values come into conflict, the protection of resources and values must be predominant. Other Pedestrians and bicycles are not permitted to travel through the Cumberland Gap Tunnel except by issuance of a special use permit. “Due to the close confines and the large amount of traffic, travel within the tunnel by persons on foot or bicycle would be extremely dangerous.” Creating a trail or walkway to shortcut between portions of a designated trail or adjacent trails is prohibited. “Short cutting on the trail system causes loss of vegetation resulting in severe erosion.” Rock climbing, free climbing, bouldering or rappelling are prohibited without a special use permit. “Climbing activity can cause considerable damage to the natural and cultural resources and interfere with the intended visitor experience. Several park cliffs harbor rare, unusual, or sensitive species, and the physical impact of climbing has the potential for irreversible damage in the unique microenvironment. At cultural sites, the presence of the activity, combined with resource damage caused by chalk and rubber residue, also creates an aesthetic conflict with the intent of the park historic district.” Hang gliding requires a permit and may only be allowed at White Rocks. “Due to the requirements to successfully launch Hang Gliders, White Rocks is the only area within the park that meets these requirements.” 5 Use of unpaved roads by motorized vehicles is restricted to authorized vehicles. “For traffic safety on remote mountain roads, travel on unpaved road by anything other than authorized vehicles is prohibited.” Use of the Wilderness Road Campground dumping station is limited to visitors who have paid the camping fee.
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