[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR7.23]

[Page 93-94]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 7_SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM--Table of 
Contents
 
Sec.  7.23  Badlands National Park.

    (a) Commercial vehicles. (1) Notwithstanding the prohibition of 
commercial vehicles set forth in Sec.  5.6 of this chapter, local 
commercial vehicles may operate on the park road between the Northeast 
entrance and the Interior entrance in accordance with the provisions of 
this section.
    (2) The term ``Local Commercial Vehicles'', as used in this section, 
will include the definition of ``commercial vehicle'' in Sec.  5.6(a), 
but specifically includes only those vehicles that originate from, or 
are destined to, the following U.S. Postal Service ZIP code areas:

Allen 57714
Belvedere 57521
Cottonwood 57775
Creighton 57729
Interior 57750
Kadoka 57543
Kyle 57752
Long Valley 57547
Owanka 57767
Philip 57567
Scenic 57780
Wall 57790
Wanblee 57577
Wasta 57791

    (3) The Superintendent may require a permit and establish terms and 
conditions in accordance with Sec.  1.6 of this chapter for the 
operation of local commercial vehicles on the park road between the 
park's Northeast and Interior entrances. The Superintendent may charge a 
fee for any permits issued to commercial vehicles in accordance with a 
fee schedule established annually.
    (4) The commercial transport on the park road between the Northeast 
and Interior entrances of any substance or combination of substances, 
including any hazardous substance, hazardous material, or hazardous 
waste that requires placarding, or any marine pollutant that requires 
marking, as defined in 49 CFR Subtitle B, is prohibited; except for 
local bulk deliveries of gasoline, fuel oil and LP gas; provided, 
however, that the Superintendent may issue permits for the 
transportation of such substance or combination of substances, including 
hazardous waste, in emergencies, and may issue permits when such 
transportation is necessary for access to lands within or adjacent to 
the park area to which access is otherwise not available as provided in 
36 CFR 5.6.
    (5) The operator of a motor vehicle transporting any hazardous 
substance, hazardous material, hazardous waste, or marine pollutant in 
accordance with a permit issued under this section, is not relieved in 
any manner from complying with all applicable regulations in 49 CFR 
Subtitle B, or with any other State or Federal laws and regulations 
applicable to the transportation of any

[[Page 94]]

hazardous substance, hazardous material, hazardous waste, or marine 
pollutant.
    (6) The transportation or use of oversize or overweight commercial 
vehicles on the park road between the Northeast and Interior entrances 
is prohibited; provided, however that the Superintendent may issue 
permits for transportation or use of such vehicles and may condition 
such permits on the use of special routes within the park in order to 
minimize impacts to park facilities and resources and also may issue 
permits when the transportation or use of such vehicles is necessary for 
access to lands within or adjacent to the park area to which access is 
otherwise not available as provided in 36 CFR 5.6.
    (7) Operating without, or violating a term or condition of, a permit 
issued in accordance with this section is prohibited. In addition, 
violating a term or condition of a permit may result in the suspension 
or revocation of the permit.
    (b) [Reserved]

[62 FR 2580, Jan. 17, 1997]