(a) Notwithstanding the definition of vehicle set forth in § 1.4 of this chapter, the provisions of §§ 4.4, 4.12, 4.13, 4.14, 4.20, 4.21, 4.22 and 4.23 of this chapter apply to the operation of a snowmobile.
(b) Except as otherwise provided in this section, the laws of the State in which the exterior boundaries of a park area or a portion thereof is located shall govern equipment standards and the operation of snowmobiles. Nonconflicting State laws are adopted as a part of these regulations.
(c) The use of snowmobiles is prohibited, except on designated routes and water surfaces that are used by motor vehicles or motorboats during other seasons. Routes and water surfaces designated for snowmobile use shall be promulgated as special regulations. Snowmobiles are prohibited except where designated and only when their use is consistent with the park's natural, cultural, scenic and aesthetic values, safety considerations, park management objectives, and will not disturb wildlife or damage park resources.
(d) The following are prohibited:
(1) Operating a snowmobile that makes excessive noise. Excessive noise for snowmobiles manufactured after July 1, 1975 is a level of total snowmobile noise that exceeds 78 decibels measured on the A-weighted scale measured at 50 feet. Snowmobiles manufactured between July 1, 1973 and July 1, 1975 shall not register more than 82 decibels on the A-weighted scale at 50 feet. Snowmobiles manufactured prior to July 1, 1973 shall not register more than 86 decibels on the A-weighted scale at 50 feet. All decibel measurements shall be based on snowmobile operation at or near full throttle.
(2) Operating a snowmobile without a lighted white headlamp and red taillight from one half-hour after sunset to one half-hour before sunrise, or when persons and vehicles are not clearly visible for a distance of 500 feet.
(3) Operating a snowmobile that does not have brakes in good working order.
(4) Racing, or operating a snowmobile in excess of 45 mph, unless restricted in accordance with § 4.22 of this chapter or otherwise designated.
(e) Except where State law prescribes a different minimum age or qualification for the person providing direct supervision and accompaniment, the following are prohibited:
(1) The operation of a snowmobile by a person under 16 years of age unless accompanied and supervised within line of sight by a responsible person 21 years of age or older;
(2) The operation of a snowmobile by a person under 12 years of age, unless accompanied on the same machine by a responsible person 21 years of age or older; or
(3) The supervision by one person of the operation of snowmobiles by more than one person under 16 years of age.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]
Notes of Decisions
Greater Yellowstone Coalition v. Kempthorne, 577 F. Supp. 2d 183 (D.D.C. 2008).
· cites it 6× “” 36 C.F.R. § 2.18 (c). III. Discussion 1. Statutory Interpretation of Conservation Mandate As an initial matter, both parties agree that the Organic Act imposes a “conservation mandate” upon NPS, and that that mandate is articulated in § 1.”
The Fund for Animals v. Norton, 294 F. Supp. 2d 92 (D.D.C. 2003).
· cites it 3× “” National Park Service, Resource Protection, Public Use and Recreation, *103 Snowmobiles, 36 C.F.R. § 2.18 (a)(l)(i)(2003). The regulations also sharply limit the use of snowmobiles in the Parks, stating that “[sjnowmobiles are prohibited except where designated and only when…”
Wyoming v. United States Dep't of Interior, 674 F.3d 1220 (10th Cir. 2012).
“36 C.F.R. § 2.18 (c). Pursuant to the default rule, NPS must promulgate a special regulation designating specific routes open to snowmobile use in a particular national park.”
Lara v. Cinemark USA, Inc., 207 F.3d 783 (5th Cir. 2000).
“103 *789 (2000)(defining direct supervision as having line of sight of the person being supervised); 36 C.F.R. § 2.18 (2000)(forbidding people under age 16 from operating snowmobiles unless they are “within line of sight” of a responsible person over age 21).”
United States v. AMC Ent., Inc., 232 F. Supp. 2d 1092 (C.D. Cal. 2002).
“103 ; and 36 C.F.R. § 2.18 . The Fifth Circuit also cited the following portion of the Access Board’s Notice of Proposed Rulemaking: The Board is aware of the Department of Justice’s enforcement of 4.”
United States v. Daigle, 564 F. Supp. 2d 50 (D. Me. 2008).
“Pursuant to 36 C.F.R. § 2.18 (a), § 4.23 is made applicable to the operation of snowmobiles.”
Voyageurs Region Nat'l Park Ass'n v. Lujan, 966 F.2d 424 (8th Cir. 1992).
“36 C.F.R. § 2.18 (c) (1991) provides: The use of snowmobiles is prohibited, except on designated routes and water surfaces that are used by motor vehicles or motorboats during other seasons.”
Jeffrey Mausolf v. Voyageurs Region, 125 F.3d 661 (8th Cir. 1997).
· cites it 3× “Although snowmobiling generally is prohibited in national parks, see 36 C.F.R. § 2.18 (c) (1996), 2 the Voyageurs Park enabling legisla *664 tion authorized the Secretary of the Interior to permit snowmobiling in the Park.”
— 36 C.F.R. § 2.18(c) — 1 case
Greater Yellowstone Coalition v. Kempthorne, 577 F. Supp. 2d 183 (D.D.C. 2008).
“” 36 C.F.R. § 2.18 (c). III. Discussion 1. Statutory Interpretation of Conservation Mandate As an initial matter, both parties agree that the Organic Act imposes a “conservation mandate” upon NPS, and that that mandate is articulated in § 1.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.