Superintendent's Compendium
Of Designations, Closures, Permit Requirements and Other Restrictions
Imposed Under Discretionary Authority
National Park Service
U.S. Department of the Interior
Thomas Edison National Historical Park
211 Main Street
West Orange, NJ 07052
Approved by Thomas E. Ross, Superintendent –November 4, 2022
Signature is on file at the park
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 I 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 provide 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 at:
http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrvI_05.html
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 (54 USC Subtitle I), 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 I of this Title, to the common benefit of all people of the United States."
54 USC Subtitle I defines the National Park System as"... any area of land and water administered by the Secretary, acting through the Director, 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 there 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 State 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 (18U.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.
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.
9. Effective Date of the Superintendent 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.
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:
Thomas Edison National Historical Park
211 Main Street
West Orange, New Jersey 07052
It may also be found at https://www.nps.gov/edis/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 54 United States Code Subtitle I (§§ 100101 to 104907), the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Thomas Edison 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 Park 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, public use limits, and closures are established:
Park Closure: Thomas Edison National Historical Site will be closed to the public from: January 7, 2022 - March 11, 2022. This closure includes both the Laboratory Complex and the Glenmont Estate.
Visiting Hours: Visitors may enter the following visitor facility buildings at the Laboratory Complex and Glenmont Estate from 10 AM to 4 PM, every Friday, Saturday and Sunday:
- Visitor Center (Building 1) which includes the park orientation film and the museum store.
- Main Laboratory Building (Building 5) which includes Thomas Edison’s library, machine shops, music room, and other exhibits.
- Glenmont Greenhouse which includes a variety of exotic plants like those plants grown by the Edison’s (as staffing allows). Volunteers from the Short Hills Garden Club and park volunteers care for and maintain the greenhouse plants.
- Glenmont Garage which contains Thomas Edison’s historic vehicles (as staffing allows).
Public Use Limits:
- The use of Segways is prohibited in the park, except when used as a mobility aid by individuals with disabilities.
- It is prohibited to consume food or drink in public areas inside the park, except for water in covered containers unless authorized by the Park Superintendent or his/her designee.
- The playing of baseball, football, Frisbee, hack-i-sac, catch or similar recreational activities is prohibited, except if authorized by the Park Superintendent or his/her designee.
Closures:
- The historic driveways around the Glenmont Mansion and Garage are closed to vehicles, except if authorized by the Park Superintendent or his/her designee.
- Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Thomas Edison National Historical Park is prohibited except as approved in writing by the superintendent.
Definition: 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 operation 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.)
The compendium closure against unmanned aircraft is 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 of unmanned aircraft on lands and administered by the NPS are appropriate and will not cause unacceptable impacts on park resources and values.
CCTV Policy Statement
In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Thomas Edison National Historical Park uses Closed Circuit Television (CCTV) security camera monitoring.
The park’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be 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 attack and crime; 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. (RM-9, 26.1)
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), 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. (RM-9,26.1).
Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
II. 36 CFR §1.6 – PERMITS
Activities requiring a permit are listed throughout this document under the specific 36 CFR Section that authorizes or requires the issuance of a permit. Permit information and applications are available online or by contacting the Park Superintendent’s office.
III. 36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(c)(1) The following may be gathered by hand for personal use or consumption:
- Acorns, pinecones, leaves or seeds found on the ground throughout the Glenmont estate
- Grape leaves from the grape arbors adjacent to the greenhouse at Glenmont
- Apples from the apple trees adjacent to the garage at Glenmont
(c)(2) The superintendent may limit the size and quantity of natural products that may be gathered or possessed for this purpose:
- Up to 1 quart of the above items may be gathered
The gathering of these items will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
IV. 36 CFR §2.2 - WILDLIFE PROTECTION
(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
- with advanced permission from the Park Superintendent in accordance with the Llewellyn Park deer management program
V. 36 CFR §2.5 – RESEARCH SPECIMENS
(a) Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with other regulations of Chapter I of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.
VI. 36 CFR §2.5 – PICNICKING
Picnicking is allowed, except in designated areas closed in accordance with 36 CFR 1.5.
- The Laboratory Complex and Glenmont Estate are closed to picnicking.
VII. 36 CFR §2.12 – AUDIO DISTURBANCES
(a)(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit.
(a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas is prohibited, except pursuant to the terms and conditions of a permit.
(a)(4) Operating a public address system is prohibited, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.
VIII. 36 CFR §2.15 – Pets
(a)(1) Possessing a pet in a public building, public transportation vehicle, or location designated as a swimming beach, or any structure or area closed to the possession of pets by the superintendent. This subparagraph shall not apply to guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing-impaired persons.
- Pets are not permitted in the Laboratory Complex or within any buildings at the Glenmont Estate except if authorized by the Park Superintendent or his/her designee.
Per- Memorandum “Use of service Animals by Persons with Disabilities in the National Park System” Dated September 5, 2002: “The NPS will use the same definition of service animal currently found in DOJ Regulations (28 CFR36.104). Service animals will not be considered pets and, in general, when accompanying a person with a disability (as defined by Federal law and DOJ regulations), must be allowed wherever visitors or employees are allowed.”
Department of Justice 28 CFR 36.104 (2017): Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Pets are prohibited in this area to protect park resources and reduce risk to visitors and staff. This is the minimum restriction necessary to achieve such protection.
IX. 36 CFR §2.16 – HORSES and PACK ANIMALS
(b) The use of horses is allowed on the following trails, routes or areas:
- Along Honeysuckle Avenue, where such travel is necessary to cross to or from privately owned property in Llewellyn Park
X. 36 CFR §2.21 – SMOKING
(a) Smoking is permitted only in the following designated areas:
- Glenmont parking lot
- Main Street parking lots
Per-Policy Memorandum 15-03: Effective immediately, use of electronic smoking devices will be treated as tobacco smoking. All provisions of Director’s Order #50D—including in particular sections 4.1.1 and 4.1.2—will apply to electronic smoking devices use. Electronic smoking devices use will not be permitted within any Government-owned or -leased vehicle, including heavy equipment, watercraft or aircraft. Smoking (This includes all tobacco products, electronic smoking devices (such as electronic cigarettes), handheld vaporizers and items covered by the Controlled Substances Act, Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (to include for medical use)) is prohibited in all other areas and buildings to protect park resources and reduce the risk of fire. This is the minimum restriction necessary to achieve such protection.
XI. 36 CFR §2.23 – RECREATION FEES
(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:
Entrance Fee Areas:
Recreation entrance fees are collected at the Laboratory Complex Visitor Center and allow entrance to both the Laboratory Complex and the Glenmont Estate for seven consecutive days. The cost is $15.00 for adults. Children under 16 years of age are free. A $45.00 Annual Park Pass provides unlimited visits to both the Laboratory Complex and Glenmont Estate for the card holder and three additional people for one year from date of purchase. The America the Beautiful – Federal Recreational Lands Passes are accepted.
Expanded Amenity Fee:
An optional self-guided audio tour of the Laboratory Complex is available for $5.00 per person. The Interagency Senior, Golden Age, Interagency Access and Golden Access will provide a 50 percent discount.
XII. 36 CFR §2.37 – NONCOMMERCIAL SOLICITING
Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52.
XIII. 36 CFR §2.38 – EXPLOSIVES
(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit.
(b) Using, or possessing fireworks and firecrackers is prohibited, except pursuant to the terms and conditions of a permit or in designated areas.
XIV. 36 CFR §2.50 – SPECIAL EVENTS
(a) Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefore has been issued by the superintendent.
XV. 36 CFR §2.51 -- DEMONSTRATIONS
(b) Demonstrations of 25 people or less are allowed within the park areas designated as available under paragraph (c)(2). Demonstrations of more than 25 people are allowed within designated park areas when the superintendent has issued a permit for the activity.
(c)(2) The following locations are designated as available for demonstrations:
- Glenmont Estate parking area
- Parking area at the corner of Main Street and Edisonia Terrace
- On top of Vault 12 within the Laboratory Complex. Access to the Black Maria will be maintained.
XVI. 36 CFR §2.52 -- SALE OR DISTRIBUTION OF PRINTED MATTER
(b) The sale or distribution of printed matter by 25 people or less is allowed within the park areas designated as available under §2.51(c)(2) (see above). The sale or distribution of printed matter by more than 25 persons is allowed within designated park areas when the superintendent has issued a permit.
XVII. 36 CFR §2.61 – RESIDING ON FEDERAL LANDS
(a) Residing in park areas, other than on privately owned lands, is prohibited except pursuant to the terms and conditions of a permit lease or contract.
XVIII. 36 CFR §4.21 – SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
- Honeysuckle Avenue – 25 mph speed limit. This is consistent with Llewellyn Park’s posted speed limit.
This speed limit is established because the speed limits set in 36 CFR § 4.21(a) was determined to be unreasonable, unsafe, and inconsistent with the purposes for which the park area was established.
XIX. 36 CFR §4.30 – Bicycles
(a) The use of a bicycle is permitted on park roads and in parking areas that are otherwise open for motor vehicle use by the general public.
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.).
- E-bikes are allowed in Thomas Edison 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.
- 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, and4.30(h)(2)-(5).
- Except as specified in this Compendium, the use of an e-bike within Thomas Edison 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.
XX. 36 CFR §5.1 – ADVERTISEMENTS
Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent.
XXI. 36 CFR §5.3 – BUSINESS OPERATIONS
Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.
XXII. 36 CFR §5.4 – COMMERCIAL PASSENGER-CARRYING MOTOR VEHICLES
(a) The commercial transportation of passengers by motor vehicle except as authorized under a contract or permit from the Secretary or his authorized representative is prohibited in certain parks. See §5.4(a) for more information.
XXIII. 36 CFR §5.5 – COMMERCIAL PHOTOGRAPHY
Commercial filming and still photography activities are subject to the provisions of 43 CFR part 5, subpart A. Failure to comply with any provision of 43 CFR part 5 is a violation of this section. Before any motion picture may be filmed or any television production or soundtrack may be made by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent. Taking photographs of any vehicle or other articles of commerce or models for the purpose of Commercial advertising without a written permit from the Superintendent is prohibited.
XXIV. 36 CFR §5.6 – COMMERCIAL VEHICLES
(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is generally prohibited, and requires permission or a permit from the Superintendent.
XXV. 36 CFR §5.7 – CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES
Such activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States.
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