[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Proposed Rules]
[Pages 65784-65804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26447]
[[Page 65784]]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD73
Special Regulations; Areas of the National Park System
AGENCY: National Park Service, Interior
ACTION: Proposed rule.
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SUMMARY: The National Park Service is proposing this rule to manage
winter visitation and recreational use in Yellowstone National Park for
an interim period of three winter seasons commencing with the 2008-2009
season. The proposed rule would also establish the framework for the
long-term management of winter use in Grand Teton National Park and the
John D. Rockefeller, Jr., Memorial Parkway. This proposed rule would
require that most recreational snowmobiles and snowcoaches operating in
the parks meet certain air and sound requirements, and that
snowmobilers in Yellowstone be accompanied by a commercial guide. It
also proposes daily entry limits on the numbers of snowmobiles and
snowcoaches that may enter the parks. Traveling off designated oversnow
routes will remain prohibited.
DATES: Comments must be received by November 20, 2008.
ADDRESSES: You may submit your comments, identified by Regulatory
Information Number 1024-AD73 (RIN), by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Yellowstone National Park, Winter Use Proposed Rule,
P.O. Box 168, Yellowstone NP, WY 82190
Hand Deliver to: Management Assistant's Office,
Headquarters Building, Mammoth Hot Springs, Yellowstone National Park,
Wyoming.
All submissions received must include the agency name and RIN. For
additional information see ``Public Participation'' under SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: John Sacklin, Management Assistant's
Office, Headquarters Building, Yellowstone National Park, 307-344-2019
or at the address listed in the ADDRESSES section.
SUPPLEMENTARY INFORMATION:
Background
The National Park Service (NPS) has been managing winter use issues
in Yellowstone National Park (YNP), Grand Teton National Park (GTNP),
and the John D. Rockefeller, Jr., Memorial Parkway (the Parkway) for
several decades under the guidance provided by a number of sources. The
history of the issue has been discussed at length in previous notices,
most recently at 72 FR 70781 (Dec. 13, 2007) and in the 2008 Winter Use
Plans Environmental Assessment (2008 EA).
In 2003-2004, the U.S. District Courts for the District of Columbia
and the District of Wyoming vacated the prior winter use plans and
implemented special regulations that had been promulgated in 2003 and
in 2000-01, respectively. Subsequently, the NPS prepared a Temporary
Winter Use Plans Environmental Assessment in 2004. The 2004 Plan was
intended to provide a framework for managing winter use in the parks
for a period of three years, and was approved in November 2004 with a
``Finding of No Significant Impact'' (FONSI). A final rule was
published in the Federal Register implementing the 2004 Plan beginning
with the 2004-2005 winter season (69 FR 65360). Its provisions imposed
a limit of 720 snowmobiles per day for Yellowstone and 140 snowmobiles
for Grand Teton and the Parkway; a requirement that all recreational
snowmobiles in Yellowstone must be accompanied by a commercial guide;
and a requirement that all recreational snowmobiles operating in the
parks must meet Best Available Technology (BAT) requirements
(hereinafter referred to as air and sound emissions requirements) for
reducing noise and air pollution (with limited exceptions at Grand
Teton and the Parkway). With these limits and requirements, the NPS did
not find impairment to park resources and values in its 2004 decision
and did not evaluate impairment at higher levels.
The 2004 rule provided the framework for management of winter use
in the Parks from December 2004 through the winter season of 2006-2007,
during which time the NPS prepared a long-term winter use plan and EIS
for the parks.
Several litigants filed lawsuits challenging the 2004 Plan in both
the District Court in Wyoming and the District Court in the District of
Columbia. In October 2005, the Wyoming District Court upheld the
validity of the 2004 winter use rule in The Wyoming Lodging and
Restaurant Association v. U.S. Department of the Interior. Congress on
three occasions included language in appropriations legislation for the
Department of the Interior requiring that the 2004 winter use rules
remain in effect for the winter seasons of 2004-2005, 2005-2006, and
2006-2007. As a result of the legislative actions, on September 24,
2007, the DC District Court dismissed as moot the pending claims
against the 2004 Plan.
Scoping for the new long-term plan began in June 2005, a Draft
Environmental Impact Statement was released in March 2007, and a
proposed rule reflecting the preferred alternative in the DEIS was
published in May 2007. A Final Environmental Impact Statement was
released in September 2007, and a Record of Decision was signed in
November 2007 (later amended on July 16, 2008). The Final Rule
implementing the decision was published in the Federal Register on
December 13, 2007 (72 FR 70781).
The decision provided a framework for long-term management of
winter use in the Parks that was similar in many ways to that which
occurred under the 2004 Plan, although with lower daily snowmobile
entry limits for Yellowstone. A maximum daily limit of 540 snowmobiles
meeting air and sound emission requirements was mandated for
Yellowstone, along with a requirement that all snowmobilers must be
accompanied by a commercial guide. A limit of 83 snowcoaches per day
was established, with air and sound emission requirements implemented
by the winter season of 2011-2012. For Grand Teton and the Parkway, the
decision imposed a limit of 40 snowmobiles on Jackson Lake in order to
provide ice fishing access, and 25 snowmobiles on the Grassy Lake Road
in order to provide access to and from the adjoining Targhee National
Forest. While these limits were well within the range of discretion for
the agency to adopt, these limits again did not reflect any legal
``cap'' on any future limits adopted by the agency. In order to provide
continuity during the transition from the 2004 Plan, the first season
under the 2007 Plan was managed in virtually the same way as had been
in effect under the 2004 Plan.
Shortly after the NPS published the 2007 Final Rule, the National
Parks Conservation Association, Greater Yellowstone Coalition, and
several other environmental groups filed lawsuits in the U.S. District
Court for the District of Columbia. The plaintiffs challenged the
adequacy of the analysis supporting the decision, and alleged that the
NPS had violated the 1916 Organic Act and other laws, policies, and
regulations governing management of the Parks. In particular, the
plaintiffs argued that a daily limit of 540 snowmobiles in Yellowstone
would cause irreparable harm and that snowmobiles should be eliminated
in favor of snowcoach-only access to the park.
[[Page 65785]]
Concurrently, the State of Wyoming and others filed lawsuits in the
U.S. District Court for the District of Wyoming, also challenging the
2007 FEIS, ROD, and Final Rule. The plaintiffs in the Wyoming District
Court challenged the decision regarding the requirements for commercial
guiding, and argued that the NPS Organic Act compels the NPS to allow
at least 720 snowmobiles per day in Yellowstone. The plaintiffs also
challenged the decision to use full-forecasting only for the management
of Sylvan Pass.
In accordance with the 2007 Record of Decision, the NPS met with
the community of Cody and the State of Wyoming to further explore
options for management of Sylvan Pass. Those discussions resulted in an
agreement in June 2008, and a ROD amendment on July 16, 2008, calling
for use of forecasting and helicopter and howitzer-dispensed explosives
to manage avalanche danger at Sylvan Pass. The pass would also be open
for a limited, core season.
On September 15, 2008, the DC District Court issued a decision
granting summary judgment for the plaintiffs and ordered the 2007 Final
Rule, ROD, and FEIS to be vacated and remanded to the NPS for further
proceedings consistent with the Court's opinion. The DC District Court
order is not final, and the decision whether to appeal that order is
currently under consideration. Although litigation is still pending in
the Wyoming District Court, the vacatur by the DC Court, if it becomes
final, would result in the 2004 Rule being reinstated since it was the
rule in effect that was replaced by the 2007 Rule. The 2004 Rule did
not have an expiration date, though it has often been referred to as
the ``temporary rule.'' The intent of the NPS was that it would be
superseded after 3 years by a long-term rule. The 2004 Rule had 10
specific provisions within it that actually authorized the use of
snowmobiles and snowcoaches in the Parks, but only through the winter
of 2006-2007. Thus, while the 2004 Rule is currently in effect as a
result of the vacatur and remand, it provides no authority to operate
either snowmobiles or snowcoaches in the Parks. As a result of the
terms of the 2004 rule, the NPS does not have the administrative
authority after 2007 to amend the rule or otherwise authorize the use
of either snowmobiles or snowcoaches except through another rulemaking
process.
In light of the significant disruption that would be caused to
persons planning to visit the Parks this winter, and to communities and
businesses that would be severely affected, the NPS has determined that
in order to restore the authority to allow oversnow vehicle use of the
Parks, a new Interim Winter Use Plan supported by an environmental
assessment is required. The parks' Congressional delegation, as well as
others, requested the NPS administratively address provision of
motorized winter use. This proposed rule is based on the preferred
alternative identified in the 2008 Winter Use Plans Environmental
Assessment that is concurrently available for public review and
comment. If promulgated, this rule would govern winter use in
Yellowstone from 2008-2011 and would provide long term direction for
Grand Teton and the Parkway. During this time, NPS will determine a
long-range strategy for Yellowstone winter use.
Park Resource Issues
The Environmental Assessment supporting this proposed rule analyzes
the environmental impacts of two alternatives for the management of
winter use in the parks. The major issues analyzed in the EA include
social and economic issues, human health and safety, wildlife, air
quality, natural soundscape, visitor use and access, and visitor
experience. The impacts associated with each of the alternatives are
detailed in the EA and are available at the following site: http://parkplanning.nps.gov. Additional information is available online at:
http://www.nps.gov/yell/planyourvisit/winteruse.htm and http://www.nps.gov/grte.
Impairment and Conservation of Park Resources and Values
In addition to determining the environmental consequences of the
alternatives, NPS policy requires analysis of potential effects to
determine whether actions would impair park resources. In managing
National Park System units, the NPS may undertake actions that have
both beneficial and adverse impacts on park resources and values. As
NPS Management Policies explain (1.4.7.1), ``Virtually every form of
human activity that takes place within a park has some degree of effect
on park resources or values, but that does not mean the impact is
unacceptable or that the particular use must be disallowed.'' The NPS
is generally prohibited by law from taking or authorizing any action
that would or is likely to impair park resources and values. Impairment
is an impact that, in the professional judgment of the responsible NPS
manager, would harm the integrity of park resources or values,
including the opportunities that otherwise would be present for the
enjoyment of those resources or values. The responsible NPS manager
generally has significant discretion to determine what impacts are
allowed that would not impair park resources.
The NPS is also required to conserve the resources and values of
the National Park System units and to prioritize the conservation of
park resources over their use whenever the two are found to be in
conflict. The NPS complies with this mandate by ensuring that a
proposed use of the parks will not result in unacceptable impacts to
park resources and values, and by further allowing impacts to park
resources only when allowing the impacts is appropriate to fulfill the
purposes of the park and necessary (meaning that the impacts are
unavoidable and incapable of further mitigation in light of the
authorized appropriate use).
The 2001 Rule recognized that, ``achieving compliance with the
applicable legal requirements while still allowing snowmobile use would
require very strict limits on the numbers of both snowmobiles and
snowcoaches.'' Thus, it recognized that some snowmobile and snowcoach
use could possibly be accommodated in the parks through appropriate
management actions without resulting in impairment of park resources
and values. The 2003 SEIS, 2004 EA, and 2007 EIS reinforced these
conclusions.
Over the last four winter seasons, the parks were intensively
managed in order to provide a heightened protection to the environment
and prevent the impairment of park resources and values. The 2004 plan
guided the first three seasons, while the 2007 plan guided the 2007-
2008 season under essentially the same rules. Thus, even though two
separate and distinct rules governed winter use of the Parks during
this 4-year period, for brevity that period of time will simply be
referred to hereinafter as being guided by the ``2004 plan.''
During this time, the cumulative number of snowmobiles entering the
parks was much less than the number under the allowable daily limits.
In Yellowstone, use averaged somewhat less than 300 snowmobiles per
day, with a peak of 557, well under the daily limit of 720. Actual
numbers in Grand Teton and the Parkway were only a small fraction of
what was allowed, and therefore only a fraction of what the park
managers had determined to be well within the legally permissible
impact.
During this 4-year period, there were strict requirements on
snowmobiles and snowcoaches, along with a comprehensive monitoring
program. Monitoring efforts focused on air
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quality, natural soundscapes, wildlife, employee health and safety, and
visitor experience. Daily entry limits were established that
represented use levels slightly below the historic average numbers of
snowmobiles entering Yellowstone, thereby eliminating the much higher
peak use days experienced in the past. The reduced numbers of
snowmobiles contributed to fewer conflicts with wildlife, fewer air and
noise emissions, and improved road conditions. Limits on the numbers of
snowmobiles also provided park managers with more predictable winter
use patterns and an assurance that use could not increase.
Under the 2004 plan, all snowmobilers entering Yellowstone were
accompanied by a commercial guide. This requirement reduced conflicts
with wildlife along roadways because guides are trained to lead
visitors safely around the park with minimal disturbance to wildlife.
Commercial guides must also have control over their clientele, which
greatly reduces unsafe and illegal snowmobile use. In this way, guides
ensure that park regulations are observed and provide a safer
experience for visitors. The requirement that all snowmobilers travel
with commercial guides also benefits natural soundscapes, since
commercially guided parties tend to travel in relatively large groups,
resulting in longer periods when snowmobile sound is not audible.
Finally, the 2004 plan required that all recreational snowmobiles
entering the parks meet NPS air and sound emissions requirements. This
condition, along with air emissions requirements for snowcoaches,
ensured that the vast majority of recreational over-snow vehicles
operating in the parks employed up-to-date emissions control equipment,
and has resulted in improvements in air quality and natural
soundscapes.
This proposed rule is based on Alternative 2 of the 2008 EA which,
while imposing a daily limit of only 318 snowmobile entries for
Yellowstone, is similar in all other significant respects to the 2004
plan. To be sure, the NPS continues to believe that it could legally
permit significantly higher levels of snowmobiles within the park. The
2008 EA, however, was prepared in part as a matter of comity in light
of the DC District Court decision vacating the 2007 rule, even though
that decision is not yet final. For this reason, and for the reasons
described further in the EA supporting this proposed rule, the NPS
believes implementation of Alternative 2 is far below any limit that
would result in the impairment of park resources and values.
The NPS has also determined that implementation of Alternative 2
and the proposed rule would not result in unacceptable impacts to park
resources or values. As disclosed in the EA, the adverse impacts to
wildlife would be negligible to minor, due to moderate levels of
visitor use (with possible moderate effects on swans and eagles).
Guiding would minimize most such effects. For soundscapes, the adverse
impacts would be negligible to moderate for Yellowstone due to
audibility and maximum sound levels, and minor for Grand Teton and the
Parkway. Air quality impacts in all three parks are forecast to be
negligible because the air and sound emissions requirements and strict
daily entry limits will restrict emissions. Impacts on visitor and
employee health and safety in Yellowstone are expected to be moderately
adverse due to possible high snowmobile noise exposure levels and
avalanche danger at Sylvan Pass, but mitigated in several ways. In
Grand Teton, risk levels would be expected to be less, so the adverse
effects there are predicted to be minor. As described in the EA, the
NPS's threshold for considering whether there could be an impairment is
based on major (or significant) effects. The EA identified less than
major effects on wildlife, natural soundscapes, and air quality for
Alternative 2. Indeed, the NPS has not determined that any snowmobile
use over the past 4 years--which included daily usage at times nearly
double the daily limit now adopted--imposed any impairment of park
resources. Guided by this analysis and the superintendents'
professional judgment, there would be no impairment of park resources
and values from implementation of the proposed rule.
Finally, the NPS has determined that the impacts associated with
the proposed oversnow vehicle use, and which are described at length in
the EA, are both appropriate and necessary to fulfill the purposes of
the park.
Section 1.5 of Management Policies (2006), ``Appropriate Use of the
Parks,'' directs that the National Park Service must ensure that park
uses that are allowed would not cause impairment of, or unacceptable
impacts on, park resources and values. 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 park manager that it will not result in
unacceptable impacts. In addition, section 8.1.2 of the Management
Policies (2006), ``Process for Determining Appropriate Uses,'' directs
the Service to evaluate the proposed use's consistency with applicable
laws, executive orders, regulations, and policies; consistency with
existing plans for public use and resource management; actual and
potential effects on park resources and values; total costs to the
Service; and whether the public interest will be served. Finally,
section 1.5 of the Management Policies directs park superintendents to
continually monitor all park uses to prevent unanticipated and
unacceptable impacts. If unanticipated and unacceptable impacts occur,
section 1.5 directs the superintendent to engage in a thoughtful
deliberative process to further manage or constrain the use, or
discontinue it.
The EA supporting this proposed rule contains the above-described
evaluation of the proposed oversnow vehicle use. In addition, the EA
demonstrates that no unacceptable impacts are anticipated as a result
of the proposed use. Finally, the preferred alternative in the EA
establishes a comprehensive monitoring and adaptive management plan to
ensure that no unanticipated or unacceptable impacts will occur. On
this basis, the NPS has determined that the proposed oversnow vehicle
use is appropriate to fulfill the purposes of the park.
The NPS has also determined that the proposed oversnow use is
necessary to fulfill the purposes of the park. Section 8.2 of
Management Policies confirms that enjoyment of park resources and
values by the people of the United States is one of the fundamental
purposes of all parks. That Section further states: ``To provide for
enjoyment of the parks, the National Park Service will encourage
visitor use activities that are appropriate to the purpose for which
the park was established, and are inspirational, educational, or
healthful, and otherwise appropriate to the park environment; and will
foster an understanding of and appreciation for park resources and
values, or will promote enjoyment through a direct association with,
interaction with, or relation to park resources; and can be sustained
without causing unacceptable impacts to park resources and values.''
As explained in the EA, oversnow vehicular winter use of
Yellowstone National Park has been occurring since 1949, and
snowmobiles have been used for 45 of the park's 136 years. Distances
between attractions at Yellowstone are great, and some form of
vehicular access is needed to access various destination areas.
Snowmobiles and snowcoaches are used for this purpose in the winter
just as private vehicles and buses are
[[Page 65787]]
used in the summer. Finally, snowmobiles and snowcoaches each provide
very different experiences, in that they provide varying levels of
direct interaction with the Park's resources and values.
Description of the Proposed Rule
The proposed regulations are similar in many respects to the plans
and rules that have been in effect the last four winter seasons. Thus,
many of the regulations regarding operating conditions, designated
routes, and restricted hours of operation have been in effect and
enforced by the NPS for several years under the authority of 36 CFR
Part 7 or 36 CFR 1.5. One notable difference, however, is that the
number of snowmobiles allowed to enter Yellowstone each day has been
reduced to 318. As noted above, the NPS does not consider this number
to be the maximum number of snowmobiles that may be permitted within
the Park consistent with the Management Policies, and instead has
chosen this number to be unquestionably within both the NEPA standard
for significance and the NPS standards for impairment. In addition,
certain changes have been made to the routes that are designated for
snowmobile use in Grand Teton and the Parkway, as well as changes to
the daily entry limits in those parks.
The NPS has found that the interim regulations that have been in
effect for the past four winter seasons have resulted in quieter
conditions, clean air, fewer wildlife impacts, and much improved
visitor safety and experiences. The NPS has further concluded that OSV
use authorized by the interim regulations did not cause unacceptable
impacts or impairment to park resources and values. The NPS believes
that these proposed regulations will continue to produce similar
results and that these results will not cause impairment of park
resources.
Monitoring
Scientific studies and monitoring of winter visitor use and park
resources (including air quality, natural soundscapes, wildlife,
employee health and safety, water quality, and visitor experience) will
continue under the 2008 Plan. Selected areas of the parks, including
sections of roads, will be closed to visitor use if these studies and
monitoring indicate that human presence or activities have a
substantial effect on wildlife or other park resources that cannot
otherwise be mitigated. A one-year notice will be provided before any
such closure would be implemented unless immediate closure is deemed
necessary to avoid impairment of park resources. The superintendent
will continue to have the authority under 36 CFR 1.5 to take emergency
actions to protect park resources or values.
Air and Sound Emissions Requirements
To mitigate impacts to air quality and the natural soundscape, the
NPS is proposing to continue the requirement that all recreational
snowmobiles meet air and sound emission restrictions to operate in the
parks, with limited exceptions. For air emissions restrictions, the
requirement means that all snowmobiles must achieve a 90% reduction in
hydrocarbons and a 70% reduction in carbon monoxide, relative to EPA's
baseline emissions assumptions for conventional two-stroke snowmobiles.
For sound restrictions, snowmobiles must operate at or below 73dB(A) as
measured at full throttle according to Society of Automotive Engineers
J192 test procedures (revised 1985). The superintendent will maintain a
list of approved snowmobile makes, models, and year of manufacture that
meet the NPS requirements. For the winter of 2007-2008, the NPS
certified 47 different snowmobile models (from various manufacturers;
model years 2002-2008) as meeting the requirements. Generally, each
snowmobile model will be approved for entry into the parks for 6 winter
seasons after it is first listed (for example, for the 2008-2009 winter
season, 2002 model year snowmobiles would no longer be certified).
Based on NPS experience, 6 years represents the typical useful life of
a snowmobile, and thus 6 years provides purchasers with a reasonable
length of time where operation is allowed once a particular model is
listed as being compliant. This length of time is consistent with the
deterioration factors used in EPA's regulations pertaining to
snowmobiles. The NPS recognizes that some privately owned snowmobiles
used predominantly for ice fishing on Jackson Lake may have relatively
low mileages even after 6 years of use, and therefore may not have
experienced the type of deterioration that would cause them to fail NPS
air and sound emissions requirements. The certification period for
snowmobiles being operated on Jackson Lake will still be considered to
be 6 years, but it may be extended up to a total of 10 years as long as
the snowmobile's mileage does not exceed 6,000 miles.
To comply with the air emissions restrictions, the NPS proposes to
continue the requirement that began with the 2005 model year, that all
snowmobiles must be certified under 40 CFR 1051 to a Family Emission
Limit (FEL) no greater than 15 g/kW-hr for hydrocarbons and 120 g/kW-hr
for carbon monoxide. Snowmobiles must be tested on a five-mode engine
dynamometer, consistent with the test procedures specified by EPA (40
CFR 1051 and 1065). Other test methods could be approved by the NPS.
The NPS proposes to retain the use of the FEL method for
demonstrating compliance with the air emissions requirements because it
has several advantages. First, use of FEL will ensure that all
individual snowmobiles entering the parks achieve our emissions
requirements, unless modified or damaged (under this proposed
regulation, snowmobiles which are modified in such a way as to increase
air or sound emissions will not be in compliance with the NPS
requirements and therefore not permitted to enter the parks). Use of
FEL will also represent the least amount of administrative burden on
the snowmobile manufacturers to demonstrate compliance with NPS
requirements because FEL data are already provided to EPA by the
manufacturers. Further, the EPA has the authority to ensure that
manufacturers' claims on their FEL applications are valid. EPA also
requires that manufacturers conduct production line testing (PLT) to
demonstrate that machines being manufactured actually meet the
certification levels. If PLT indicates that emissions exceed the FEL
levels, the manufacturer is required to take corrective action. Through
EPA's ability to audit manufacturers' emissions claims, the NPS will
have sufficient assurance that emissions information and documentation
will be reviewed and enforced by the EPA. FEL also takes into account
other factors, such as the deterioration rate of snowmobiles (some
snowmobiles may produce more emissions as they age), lab-to-lab
variability, test-to-test variability, and production line variance. In
addition, under the EPA's regulations, all snowmobiles manufactured
must be labeled with FEL air emissions information. This will help to
ensure that our emissions requirements are consistent with these labels
and the use of FEL will avoid potential confusion for consumers.
To determine compliance with the NPS sound emission restrictions,
snowmobiles must be tested using SAE J192 (revised 1985) test
procedures. The NPS recognizes that the SAE updated these test
procedures in 2003; however, the changes between the 2003 and 1985 test
procedures could alter the measurement results. The requirement was
initially established using 1985 test
[[Page 65788]]
procedures (in addition to information provided by industry and
modeling). Therefore, to be consistent with our requirements, we will
continue to use the 1985 test. We also understand that an update to the
2003 J192 procedures may be underway. We are interested in
transitioning to the newer J192 test procedures, and we will continue
to evaluate this issue after these regulations are implemented. Other
test methods could be approved by NPS on a case-by-case basis.
The NPS requirement for sound was established by reviewing
individual machine results from side-by-side testing performed by the
NPS contractor, Harris Miller Miller & Hanson Inc. (HMMH) and the State
of Wyoming's contractor, Jackson Hole Scientific Investigations (JHSI).
Six four-stroke snowmobiles were tested for sound emissions. These
emission reports independently concluded that all the snowmobiles
tested between 69.6 and 77.0 dB(A) using the J192 protocol. On average,
the HMMH and JHSI studies measured four-strokes at 73.1 and 72.8 dB(A)
at full throttle, respectively. The SAE J192 (revised 1985) test also
allows for a tolerance of 2 dB(A) over the sound limit to account for
variations in weather, snow conditions, and other factors.
Snowmobiles may be tested at any barometric pressure equal to or
above 23.4 inches Hg uncorrected (as measured at or near the test
site). This exception to the SAE J192 test procedures maintains
consistency with the testing conditions used to determine the sound
emissions requirement. This reduced barometric pressure allowance is
necessary since snowmobiles were tested at the high elevation of
Yellowstone National Park, where atmospheric pressure is lower than the
SAE J192's requirements due to the park's elevation. Testing data
indicate that snowmobiles test quieter at high elevation, and therefore
may be able to pass our requirements at higher elevations but fail when
tests are conducted near sea level.
NPS will annually publish a list of snowmobile makes, models, and
year of manufacture that meet the NPS requirements. Snowmobile
manufacturers may demonstrate that snowmobiles are compliant with the
air emissions requirements by submitting a copy of their application
used to demonstrate compliance with EPA's general snowmobile regulation
to the NPS (indicating FEL). We will accept this application
information from manufacturers in support of conditionally certifying a
snowmobile as meeting NPS requirements, pending review and
certification by EPA at the same emissions levels identified in the
application. Should EPA certify the snowmobile at a level that would no
longer meet NPS requirements, this snowmobile would no longer be
considered to be compliant and would be phased out according to a
schedule determined by the NPS to be appropriate. For sound emissions,
snowmobile manufacturers could submit their existing Snowmobile Safety
and Certification Committee (SSCC) sound level certification form.
Under the SSCC machine safety standards program, snowmobiles are
certified by an independent testing company as complying with all SSCC
safety standards, including sound standards. This regulation does not
require the SSCC form specifically, as there could be other acceptable
documentation in the future. The NPS will work cooperatively with the
snowmobile manufacturers on appropriate documentation. The NPS intends
to rely on certified air and sound emissions data from the private
sector rather than establish its own independent testing program. When
certifying snowmobiles as meeting NPS requirements, the NPS will
announce how long the certification applies. Generally, each snowmobile
model would be approved for entry into the parks for six winter seasons
after it was first listed. Based on NPS experience, six years
represents the typical useful life of a snowmobile, and thus six years
provides purchasers with a reasonable length of time where operation is
allowed once a particular model is listed as being compliant.
Individual snowmobiles modified in such a way as to increase sound
and air emissions of HC and CO beyond the proposed emission
restrictions would be denied entry to the parks. It would be the
responsibility of the end users and guides and outfitters to ensure
that their oversnow vehicles, whether snowmobiles or snowcoaches,
comply with all applicable restrictions. Emission and sound
requirements for snowcoaches are described below. The requirement in
Yellowstone that all snowmobilers travel with commercial guides will
assist NPS in enforcing the requirements, since businesses providing
commercial guiding services in the parks are responsible under their
contracts with the park to ensure that their clients use only NPS-
approved snowmobiles. In addition, these businesses are required to
ensure that snowmobiles used in the park are not modified in such a way
as to increase sound or air emissions, and that snowmobiles are
properly maintained.
All commercially guided recreational snowmobiles operating within
Yellowstone would be required to meet the NPS air and sound emissions
requirements. Snowmobiles being operated on the Cave Falls road, which
extends approximately one mile into the park from the adjacent national
forest, would be exempt from the requirements. In Grand Teton and the
Parkway, all recreational snowmobiles operating on Jackson Lake must
meet the air and sound emissions requirements; however, snowmobiles
being operated on the Grassy Lake Road would not be required to meet
them. Use of the Grassy Lake Road is predominantly to provide access to
the adjoining Targhee National Forest, where such requirements are not
in effect, and is similar to other routes that the NPS designates to
provide snowmobile access to adjacent public lands without such
restrictions. Any commercially guided snowmobiles authorized to operate
in the Parkway or Grand Teton will be required to meet NPS air and
sound emissions requirements.
The University of Denver conducted winter emissions measurements in
YNP that involved the collection of emissions data from in-use
snowcoaches and snowmobiles in February 2005 and February 2006. Results
from that work indicate that while most snowcoaches have lower
emissions per person than two-stroke snowmobiles, the snowcoach fleet
could be modernized to reduce carbon monoxide (CO) and hydrocarbon (HC)
emissions. This work also supports snowmobile air emissions
requirements and the development of snowcoach air emission
requirements.
Under concessions contracts issued in 2003, 78 snowcoaches are
currently authorized to operate in Yellowstone. Approximately 29 of
these snowcoaches were manufactured by Bombardier and were designed
specifically for oversnow travel. Those 29 snowcoaches were
manufactured before 1983 and are referred to as ``historic
snowcoaches'' for the purpose of this rulemaking. All other snowcoaches
are passenger vans or light buses that have been converted for oversnow
travel using tracks and/or skis. During the winter of 2007-2008, an
average of 35 snowcoaches entered Yellowstone each day.
In comparison with four-stroke snowmobiles, snowcoaches operating
within EPA's Tier 1 standards are cleaner, especially given their
ability to carry up to seven times more passengers (Lela and White
2002). In 2004, EPA began phasing-in Tier 2 emissions standards for
multi-passenger vans, and they will be fully phased-in by 2009.
[[Page 65789]]
Tier 2 standards will require that vehicles be even cleaner than Tier
1, and full emission controls will function more of the time.
During the duration of this temporary plan, all non-historic
snowcoaches must meet air emission requirements, which will be the EPA
emissions standards in effect when the vehicle was manufactured. This
will be enforced by ensuring that all critical emission-related exhaust
components are functioning properly. Malfunctioning critical emissions-
related components must be replaced with the original equipment
manufacturer (OEM) component where possible. If OEM parts are not
available, aftermarket parts may be used. In general, catalysts that
have exceeded their useful life must be replaced unless the operator
can demonstrate the catalyst is functioning properly. Modifying or
disabling a snowcoach's original pollution control equipment is
prohibited except for maintenance purposes. Individual snowcoaches may
be subject to periodic inspections to determine compliance with
emission and sound requirements.
However, during the duration of this plan, the NPS will encourage
snowcoach operators to replace or retrofit their coaches with models
that meet higher emission standards. In the 2007 FEIS, the NPS
anticipated that snowcoach air and sound emission requirements would go
into effect in 2011-2012, after the duration of this temporary plan.
Thus these recommendations will assist snowcoach operators anticipating
future possible requirements.
During these intervening years, the NPS will recommend that diesel
vehicles with a Gross Vehicle Weight Rating (GVWR) of 8,500 pounds or
more meet, at a minimum, the EPA 2004 ``engine configuration
certified'' diesel air emission standards. The NPS will further
recommend that diesel vehicles meet the 2007 ``engine configuration
certified'' air emission standard. If a new vehicle is being purchased,
the NPS recommends that operators confirm that the vehicle has, at a
minimum, an engine that meets the 2004 standard. If it is the
operators' intention to purchase a vehicle with the newest diesel
emission technology, the NPS recommends that the vehicle has a ``2007
standard'' engine. If a diesel engine is being purchased for retrofit
into an existing vehicle, the above recommendations apply. If the
diesel vehicle has a GVWR between 8,500 and 10,000 pounds, there may be
a configuration that meets the EPA light duty Tier II standards, which
would achieve the best results from an emissions perspective.
For air emissions from gasoline vehicle air emissions, the NPS will
recommend the vehicles engine meet EPA Tier 1 emission requirements.
The NPS will further recommend that gasoline vehicles meeting EPA Tier
II requirements be used. If a new vehicle is being purchased, the NPS
will recommend the vehicle has, at a minimum, an engine that meets the
Tier I requirements, or more ideally, the vehicle will meet Tier II
requirements. If an existing gasoline engine and exhaust system is
being retrofitted, the vehicle should have, at a minimum, a computer
controlled, port-fuel injected engine and a catalytic converter in the
exhaust system. Regarding the sound emission recommendations, the NPS
will recommend that new and retrofitted snowcoaches not exceed 73 dBA
when measured by operating the coach at or near full throttle for the
test cycle. Thus a coach might be traveling at a speed of 25-30 miles
per hour for the pass-by test to determine if the vehicle produces no
more than 73 dBA.
The restrictions on air and sound emissions proposed in this rule
are not a restriction on what manufacturers may produce but an end-use
restriction on which commercially produced snowmobiles and snowcoaches
may be used in the parks. The NPS Organic Act (16 U.S.C. 1) authorizes
the Secretary of the Interior to ``promote and regulate'' the use of
national parks ``by such means and measures as conform to the
fundamental purpose of said parks * * * which purpose is to conserve
the scenery and the natural and historic objects and the wild life
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 of future
generations.'' Further, the Secretary is expressly authorized by 16
U.S.C. 3 to ``make and publish such rules and regulations as he may
deem necessary or proper for the use and management of the parks. * *
*'' This exercise of the NPS Organic Act authority is not an effort by
NPS to regulate manufacturers and is consistent with Sec. 310 of the
Clean Air Act.
Since 2001, Yellowstone and Grand Teton National Parks have been
converting their own administrative fleet of snowmobiles to four-stroke
machines. These machines have proven successful in use throughout the
parks. NPS now uses these snowmobiles for most administrative uses.
However, NPS recognizes that some administrative applications, such as
off-trail boundary patrols in deep powder, towing heavy equipment or
disabled sleds, search and rescue, or law enforcement uses may require
additional power beyond that supplied by currently available
snowmobiles that meet the air and sound emissions requirements. In
these limited cases, NPS may use snowmobiles that do not meet the
requirements proposed in this rule.
The emission and sound limit requirements for snowmobiles (and the
gradual implementation of those requirements for snowcoaches) would
result in low levels of air pollution within the parks in the winter,
as evidenced by the past four years of air quality monitoring results
that indicate excellent air quality. Similarly, soundscapes monitoring
indicates that sound from recreational oversnow vehicles are well
within acceptable ranges. Therefore the air and sound emissions that
would occur would not constitute unacceptable impacts or impairment,
nor would they be inconsistent with the NPS mandate to conserve park
resources.
Use of Commercial Guides
To mitigate impacts to natural soundscapes and wildlife, and for
visitor and employee safety, the NPS is again proposing that all
recreational snowmobiles operated in YNP must be accompanied by a
commercial guide, except for those being operated on the one-mile
segment of the Cave Falls road that extends into the park from the
adjacent national forest. This guiding requirement will reduce
conflicts with wildlife along roadways because guides are trained to
lead visitors safely around the park with minimal disturbance to
wildlife. Commercially guided parties also tend to be larger in size,
which reduces the overall number of encounters with wildlife and
reduces the amount of time over-snow vehicles are audible. Commercial
guides are educated in safety and are knowledgeable about park rules.
Commercial guides are required to exercise reasonable control over
their clientele, which has proven to greatly reduce unsafe and illegal
snowmobile use. Commercial guiding with contractual obligations to the
NPS also allow for more effective enforcement of park rules by the NPS.
These guides receive rigorous multi-day training, perform guiding
duties as employees of a business, and are experts at interpreting the
resources of the parks to their clients. Commercial guides are employed
by local businesses; those jobs are not performed by NPS employees.
Commercial guides use a ``follow-the-leader'' approach, stopping
often to talk
[[Page 65790]]
with the group. They lead snowmobiles single-file through the park,
using hand signals to pass information down the line from one
snowmobile to the next, which has proven to be effective. Signals are
used to warn group members about wildlife and other road hazards, to
indicate where to turn, and when to turn on or off the snowmobile.
Further, all commercial guides are trained in basic first aid and CPR.
In addition to first aid kits, they often carry satellite or cellular
telephones, radios, and other equipment for emergency use. In this way,
guides will ensure that park regulations are observed and will provide
a safer experience for visitors.
Since the winter of 2003-2004, all snowmobilers in Yellowstone have
been led by commercial guides, resulting in significant positive
effects on visitor health and safety. Guides are effective at
maintaining proper touring behavior, such as adherence to speed limits,
staying on the groomed road surfaces, and other snowmobiling behaviors
that are appropriate to safely and responsibly visit the park. Since
implementation of the guiding program there have been pronounced
reductions in the number of law enforcement incidents and accidents
associated with the use of snowmobiles, even when accounting for the
reduced number of snowmobilers relative to historic use levels. The use
of guides has also had beneficial effects on wildlife since guides are
trained to respond appropriately when encountering wildlife.
No more than eleven snowmobiles would be permitted in a group,
including that of the guide. Individual snowmobiles may not be operated
separately from a group within the park. No minimum group size
requirement is necessary since commercially guided parties always have
at least two snowmobiles--that of the guide and the customer. Moreover,
as a practical matter, in recent winters, group size has averaged
nearly seven snowmobiles per group.
Except in emergency situations, guided parties must travel together
and remain within a maximum distance of one-third mile of the first
snowmobile in the group. This will ensure that guided parties do not
become separated. One-third mile will allow for sufficient and safe
spacing between individual snowmobiles within the guided party, allow
the guide(s) to maintain control over the group and minimize the
impacts on wildlife and natural soundscapes.
In the Parkway, all snowmobile parties traveling north from Flagg
Ranch must be accompanied by a commercial guide. Otherwise,
snowmobilers in Grand Teton and the Parkway do not have to be
accompanied by a guide. The use of guides in Grand Teton and the
Parkway is generally not required due to the low volume of use, the
conditions for access to Jackson Lake for winter fishing, and the fact
that use of the Grassy Lake Road is primarily to provide access to and
from the adjoining national forest lands where guiding is not required.
Designated Routes
In Yellowstone, a number of changes are proposed in routes
designated for snowmobile use based on analyses in the 2008 EA and
experience with the management of winter use over the past four
winters. Certain additional side roads will be open for snowmobile use
in the afternoons, based on the successful experience of NPS with this
time of day use on Firehole Canyon Drive. Virginia Cascades would be
accessible only via ski and snowshoe, returning it to an earlier type
of non-motorized use.
In Grand Teton and the Parkway, the NPS is proposing to discontinue
operation and use of the CDST. Use of this route over the last four
winters has averaged fewer than 15 snowmobiles per season and in light
of the proposed requirements for entry into Yellowstone, the NPS has no
reason to believe that there would be any significant increase in use
of the CDST if it were to remain open. The NPS will continue to allow
the State of Wyoming to groom the portion of the CDST along U.S.
Highway 26/287 to its east boundary in order to provide access to
adjacent public and private lands in Buffalo Valley.
Daily Snowmobile Limits
The number of snowmobiles and snowcoaches that could operate in the
parks each day would be limited under this rule. These limits are
intended to mitigate, even more than legally necessary, impacts to air
quality, employee and visitor health and safety, natural soundscapes,
wildlife, and visitor experience, consistent with preventing
unacceptable impacts and impairment to park resources and values. The
daily entry limits for snowmobiles and snowcoaches in Yellowstone are
identified in Table 1, and for Grand Teton and the Parkway in Table 2.
Use limits identified in Table 1 include guides since commercial guides
are counted towards the daily limits. For Yellowstone, the daily limits
are identified for each entrance and location; for Grand Teton and the
Parkway, the daily limits apply to total snowmobile use on the road
segment and on Jackson Lake.
Limits are specifically identified for Old Faithful in this
proposed rule since a park concessioner provides snowmobile rentals and
commercial guiding services originating there. The limits for the North
Entrance and Old Faithful allow additional flexibility in offering
visitors the opportunity to experience the park. For example, some
visitors choose to enter the park on a snowcoach tour, spend two or
more nights at the Old Faithful Snow Lodge, and go on a commercially
guided snowmobile tour of the park during their stay at Old Faithful.
Table 1--Yellowstone Daily Snowmobile and Snowcoach Entry Limits
------------------------------------------------------------------------
Commercially Commercially
Entrance guided guided
snowmobiles snowcoaches
------------------------------------------------------------------------
West Entrance........................... 160 34
South Entrance *........................ 114 13
East Entrance........................... 20 2
North Entrance.......................... ** 12 13
Old Faithful............................ ** 12 16
Cave Falls.............................. *** 50 0
------------------------------------------------------------------------
* Includes portion of the Parkway between Flagg Ranch and South
Entrance.
[[Page 65791]]
** Commercially guided snowmobile tours originating at the North
Entrance and Old Faithful are currently provided solely by Xanterra
Parks and Resorts. Because this concessioner is the sole provider at
both of these areas, this regulation allows the daily entry limits
between the North Entrance and Old Faithful to be adjusted as
necessary, so long as the total number of snowmobiles between the two
entrances does not exceed 24. For example, the concessioner could
operate 16 snowmobiles at Old Faithful and 8 at the North Entrance if
visitor demand warranted it. This will allow the concessioner to
respond to changing visitor demand for commercially guided snowmobile
tours, thus enhancing visitor service in Yellowstone.
*** This use occurs on a short (approximately 1-mile segment) of road
and is incidental to other snowmobiling activities in the Targhee
National Forest. These users do not have to be accompanied by a guide.
Table 2--Grand Teton and the Parkway Daily Snowmobile Entry Limits
------------------------------------------------------------------------
Entrance Snowmobiles
------------------------------------------------------------------------
Grassy Lake Road (Flagg-Ashton Road).................... * 25
Jackson Lake............................................ 25
------------------------------------------------------------------------
* Snowmobiles being operated on the Grassy Lake Road would not be
required to meet NPS air and sound emissions requirements.
The purpose of these daily entry limits is to impose strict limits
on the numbers of snowmobiles and snowcoaches that may use the parks in
order to minimize resulting impacts, consistent with the NPS's mandate
to conserve park resources and ensure that they are not impaired. While
these limits do not constitute the maximum limit on snowmobiles that
could be permitted in the Park, these limits are intended to continue
to provide adequate snowmobile access to the Park under the current
circumstances. Compared to historical use where peak days found as many
as 1,700 snowmobiles in the parks, these limits represent a
considerable reduction in peak day use, are less than the historic
seasonal daily average of Yellowstone entries, and are clearly much
less than the NPS has legal discretion to authorize consistent with the
Management Policies. These limits would reduce snowmobile usage well
below historic levels that were of particular concern in the 2000 ROD.
The daily snowmobile and snowcoach limits are based on the analysis
contained in the EA, which concluded that these limits, combined with
other elements of this rule, would prevent unacceptable impacts thus
preventing impairment to park resources and values while allowing for
an appropriate range of experiences available to park visitors.
Avalanche Management--Sylvan Pass
Sylvan Pass will be open under the 2008 Plan for oversnow travel
(both motorized and non-motorized) for a limited core season, from
December 22 through March 1 each year, subject to weather-related
constraints and NPS fiscal, staff, infrastructural, equipment, and
other safety-related capacities. A combination of avalanche mitigation
techniques may be used, including risk assessment analyses as well as
forecasting and helicopter and howitzer dispensed explosives. The
results of previous safety evaluations of Sylvan Pass by the
Occupational Health and Safety Administration and an Operational Risk
Management Assessment will be reviewed and updated, and the NPS will
evaluate additional avalanche mitigation techniques and risk assessment
tools in order to further improve safety and visitor access.
From March 2 to March 15, the NPS will maintain the road segment
from the East Entrance to a point approximately four miles west of the
entrance station to provide for opportunities for cross-country skiing
and snowshoeing. Limited snowmobile and snowcoach use will be allowed
in order to provide drop-offs for such purposes.
This approach both addresses the concerns of the communities and
the National Park Service. The City of Cody, Wyoming, as well as Park
County, Wyoming, and the State of Wyoming have clearly articulated the
importance of this route to the community and the historical
relationship between Cody and Yellowstone's East Entrance. They have
spoken for the businesses near Yellowstone's East Entrance and how
those businesses have been negatively impacted in recent years by the
changing patterns of winter visitation. They have stated how those
businesses will continue to be adversely affected if the pass is closed
to oversnow vehicle travel in the winter. The community and businesses
have also stated the value they place on the certainty of the road
being open in the winter and the importance of that certainty to their
businesses and guests. NPS acknowledges those values and concerns and
has carefully weighed those considerations.
Avalanche control at Sylvan Pass has long represented a safety
concern to the National Park Service. The 2000 FEIS, the 2003 SEIS, the
2004 EA, and the 2007 FEIS all clearly identify the significant
avalanche danger on Sylvan Pass, which has been well known for many
years. Approximately 20 avalanche paths cross the road at Sylvan Pass.
They average over 600 feet of vertical drop, and the East Entrance Road
crosses the middle of several of the paths, putting travelers at risk
of being caught in an avalanche. NPS employees must cross several
uncontrolled avalanche paths to reach the howitzer used for discharging
those avalanches, and the howitzer is at the base of a cliff prone to
both rock-fall and additional avalanche activity (the howitzer cannot
be moved without compromising its ability to reach all avalanche
zones). Artillery shells sometimes fail to explode on impact, and
unexploded rounds remain on the slopes, presenting year-round hazards
to both employees and visitors, both in Yellowstone and the Shoshone
National Forest. Natural avalanches can and do occur, both before and
after howitzer use. Using a helicopter instead of a howitzer also is a
high-risk activity because of other risks a helicopter contractor would
have to incur.
The NPS may use a combination of techniques that have been used in
the past (howitzer and helicopter), as well as techniques that may be
available in the future. Area staff may use whichever tool is the
safest and most appropriate for a given situation, with the full
understanding that safety of employees and visitors comes first.
Employees in the field make the operational determination when safety
criteria have been met, and operations can be conducted with acceptable
levels of risk. The NPS will not take unacceptable risks. When safety
criteria have been met, the pass will be open; when they have not been
met, the pass will remain closed. As with past winters, extended
closures of the pass may occur.
Section-by-Section Analysis
Sec. 7.13(l)(2) What terms do I need to know?
The NPS has included definitions for a variety of terms, including
oversnow vehicle, designated oversnow route, and commercial guides.
These definitions are also applicable to Grand Teton and the Parkway,
Sec. 7.22(g)(2) and Sec. 7.21(a)(2), respectively. For snowmobiles,
NPS is continuing to use the definition found at 36 CFR 1.4, and sees
no need to alter that definition at this time. Earlier regulations
specific to Yellowstone, Grand Teton and the Parkway referenced
``unplowed roadways'' but that terminology was changed to ``designated
oversnow
[[Page 65792]]
routes'' to more accurately portray the condition of the route being
used for oversnow travel. These routes remain entirely on roads or
water surfaces used by motor vehicles and motorboats during other
seasons and thus are consistent with the requirements in Sec. 2.18.
Earlier regulations also referred only to snowmobiles or snowcoaches.
Since there is a strong likelihood that new forms of machines will be
developed in the future that can travel on snow, a definition for
``oversnow vehicle'' was developed to ensure that such new technology
is subject to this regulation. When a particular requirement or
restriction only applies to a certain type of machine (for example,
some concession restrictions only apply to snowcoaches), the specific
machine is stated and only applies to that type of vehicle, not all
oversnow vehicles. However, oversnow vehicles that do not meet the
strict definition of a snowcoach (i.e., both weight and passenger
capacity) would be subject to the same requirements as snowmobiles. The
definitions listed under Sec. 7.13(l)(2) will apply to all three
parks. These definitions may be clarified in future rulemakings based
on changes in technology.
Sec. 7.13(l)(3) May I operate a snowmobile in Yellowstone National
Park?
The authority to operate a snowmobile within Yellowstone, subject
to use limits, guiding requirements, operating hours and dates,
equipment requirements, and operations established elsewhere in this
section, is provided in Sec. 7.13(l)(3). Similarly, it is provided for
Grand Teton in Sec. 7.22(g)(3) and for the Parkway in Sec.
7.21(a)(3). The authority to operate snowmobiles in Yellowstone would
be limited to three winter seasons, terminating at the conclusion of
the 2010-2011 season. This limitation is included because the rule is
intended to be an interim regulation for Yellowstone, during which time
the NPS will seek to develop a new long-term management plan and
regulations to guide winter use of the park. In light of the highly
controversial and complex nature of the issue and its history of
litigation, the NPS believes that a 3-year interim period is the
minimum necessary to provide sufficient time to complete whatever
process will follow to guide long-term winter use management of the
park. The 3-year limitation would not apply to Grand Teton and the
Parkway. However, snowmobile use between Flagg Ranch and the South
Entrance of Yellowstone would effectively be limited to a 3-year period
because all such use is associated with trips into Yellowstone and
controlled by concession contracts.
Sec. 7.13(l)(4) May I operate a snowcoach in Yellowstone National Park?
This paragraph continues the authority to operate snowcoaches in
Yellowstone, and requires that they be commercially operated under a
concessions contract. Similarly, the authority to operate snowcoaches
in the Parkway is provided in Sec. 7.21(a)(4). For Grand Teton, Sec.
7.22(g)(4) continues the current prohibition on the operation of
snowcoaches.
Similar to the 3-year limitation on snowmobile use described above,
the authority to operate snowcoaches in Yellowstone would also be in
effect only through the winter season of 2010-2011. Although the 3-year
limitation on the authority to operate snowcoaches in the Parkway is
not included in Sec. 7.21(a)(4), snowcoach use would effectively be
limited to a 3-year period since all such use is associated with trips
into Yellowstone and controlled by concession contracts.
The NPS also proposes to continue the requirement that all non-
historic snowcoaches meet the applicable EPA air emissions standards
that were in effect at the time the vehicle was manufactured.
Sec. 7.13(l)(5) Must I operate a certain model of snowmobile?
This paragraph continues the requirement that only commercially
available snowmobiles that meet NPS air and sound emissions
requirements may be operated in Yellowstone. Similarly, this
requirement is described for Grand Teton and the Parkway in Sec.
7.22(g)(5) and Sec. 7.21(a)(5), respectively.
Sec. 7.13(l)(6) How will the Superintendent approve snowmobile makes,
models, and year of manufacture for use in the park?
The NPS is not proposing any changes to the hydrocarbon and carbon
monoxide emissions requirements for snowmobiles operating in the park.
Snowmobiles must be certified under 40 CFR part 1051 to a Family
Emission Limit (FEL) no greater than 15 g/kW-hr for hydrocarbons and an
FEL no greater than 120 g/kW-hr for carbon monoxide. Changes are not
proposed to the current requirement that snowmobiles must operate at or
below 73 dBA.
For Grand Teton and the Parkway, the same requirements are
contained in Sec. 7.22(g)(6) and Sec. 7.21(a)(6), respectively.
Sec. 7.13 (l)(7) Where may I operate my snowmobile in Yellowstone
National Park?
See also Sec. 7.22(g)(7) and Sec. 7.21(a)(7) for Grand Teton and
the Parkway. Specific routes are listed where snowmobiles may be
operated, but this proposed rule also provides latitude for the
superintendent to modify those routes available for use. When
determining what routes are available for use, the superintendent will
use the criteria in Sec. 2.18(c), and may also take other issues into
consideration including, for example, the most direct route of access,
weather and snow conditions, the necessity to eliminate congestion, the
necessity to improve the circulation of visitor use patterns, and in
the interest of public safety and protection of park resources.
Sec. 7.13(l)(8) What routes are designated for snowcoach use?
See also Sec. 7.21(a)(8) for the Parkway. In addition to the
specific routes open to snowmobile use, snowcoaches may be operated on
several other specific routes in Yellowstone. This proposed rule also
provides latitude for the superintendent to modify those routes
available for use. When determining what routes are available for use,
the superintendent will use the criteria in Sec. 2.18(c), and may also
take other issues into consideration including the most direct route of
access, weather and snow conditions, the necessity to eliminate
congestion, the necessity to improve the circulation of visitor use
patterns, and in the interest of public safety and protection of park
resources.
Sec. 7.13(l)(9) Must I travel with a commercial guide while
snowmobiling in Yellowstone?
See also Sec. 7.22(g)(8) and Sec. 7.21(a)(9) for Grand Teton and
the Parkway. The NPS is proposing to retain the requirement that all
recreational snowmobile operators in Yellowstone be accompanied by a
commercial guide. Parties must travel in groups of no more than eleven
snowmobiles including that of the guide.
No changes are being proposed regarding guiding requirements for
Grand Teton and the Parkway, where guides are not currently required
except in the Parkway on the route between Flagg Ranch and the South
Entrance of Yellowstone.
[[Page 65793]]
Sec. 7.13(l)(10) Are there limits established for the numbers of
snowmobiles and snowcoaches permitted to operate in the park each day?
The NPS is proposing to change the number of snowmobiles allowed in
Yellowstone each day from 720 to 318, and from 140 per day in Grand
Teton and the Parkway to 50 (see Sec. 7.22(g)(9) and Sec.
7.21(a)(10)). The NPS is also proposing to establish a daily entry
limit of 78 snowcoaches. This number conforms to the existing number
authorized in concession contracts and reflects consideration of the
analyses of impacts in the EA.
Sec. 7.13(l)(11) When may I operate my snowmobile or snowcoach?
See also Sec. 7.22(g)(10) and Sec. 7.21(a)(11) for Grand Teton
and the Parkway. The NPS is not proposing any changes to the methods
that the superintendent would use to determine operating hours and
dates.
Sec. 7.13(l)(12) What other conditions apply to the operation of
oversnow vehicles?
This section includes a variety of requirements regarding the
operation of snowmobiles in the parks, such as drivers' license and
registration requirements, operating procedures, requirements for
headlights, brakes and other safety equipment, length of idling time,
towing of sleds, and other requirements related to safety and resource
impact considerations. No changes are being proposed in this section
from the previous regulations. See also Sec. 7.22(g)(11) for Grand
Teton and Sec. 7.21(a)(12) for the Parkway.
Sec. 7.13 (l)(13) What conditions apply to alcohol use while operating
an oversnow vehicle?
The NPS is proposing no changes to the conditions applicable to the
use of alcohol while operating oversnow vehicles. Although the
regulations in 36 CFR 4.23 apply to oversnow vehicles, a provision was
included in the 2004 regulations to address the issue of under-age
drinking while operating a snowmobile, and snowcoach operators or
snowmobile guides operating under the influence while performing
services for others. Many states have adopted similar alcohol standards
for under-age operators and commercial drivers and the NPS feels it is
necessary to specifically include these regulations to help mitigate
potential safety concerns.
The alcohol level for minors (anyone under the age of 21) is set at
.02. Although the NPS endorses ``zero tolerance,'' a very low Blood
Alcohol Content (BAC) is established to avoid a chance of a false
reading. Mothers Against Drunk Driving and other organizations have
endorsed such a general enforcement posture and the NPS agrees that
under-age drinking and driving, particularly in a harsh winter
environment, will not be allowed.
In the case of snowcoach operators or snowmobile guides, a low BAC
limit is also necessary. Persons operating a snowcoach are likely to be
carrying 8 or more passengers in a vehicle with tracks or skis that is
more challenging to operate than a wheeled vehicle, and on oversnow
routes that could pose significant hazards should the driver not be
paying close attention or have impaired judgment. Similarly, persons
guiding others on a snowmobile have put themselves in a position of
responsibility for the safety of other visitors and for minimizing
impacts to park wildlife and other resources. Should the guide's
judgment be impaired, hazards such as wildlife on the road or snow
obscured features, could endanger all members of the group in an
unforgiving climate. For these reasons, the NPS is continuing to
require that all guides be held to a stricter than normal standard for
alcohol consumption. Therefore, the NPS has established a BAC limit of
.04 for snowcoach operators and snowmobile guides. This is consistent
with federal and state rules pertaining to BAC thresholds for someone
with a commercial driver's license.
The same conditions apply within Grand Teton and the Parkway; see
Sec. 7.22(g)(12) and Sec. 7.21(a)(13), respectively.
Sec. 7.13(l)(14) Do other NPS regulations apply to the use of oversnow
vehicles?
See also Sec. 7.22(g)(13) and Sec. 7.22(a)(14) for Grand Teton
and the Parkway, respectively. The NPS is not proposing any changes to
the applicability of other NPS regulations concerning oversnow vehicle
use.
Relevant portions of 36 CFR 2.18, including Sec. 2.18(c), have
been incorporated within these proposed regulations. Some portions of
36 CFR 2.18 and 2.19 are superseded by these proposed regulations,
which allows these proposed regulations to govern maximum operating
decibels, operating hours, and operator age (this is applicable to
these park units only). In addition, 36 CFR 2.18(b) would not apply in
Yellowstone, while it would apply in Grand Teton and the Parkway. This
is due to the existing concurrent jurisdiction in Grand Teton and the
Parkway. These two units are solely within the boundaries of the State
of Wyoming and national park rangers work concurrently with state and
county officers enforcing the laws of the State of Wyoming. The
proposed rule also supersedes 36 CFR 2.19(b) in that it prohibits the
towing of persons on skis, sleds, or other sliding devices by motor
vehicle or snowmobile, except in emergency situations. Towing people,
especially children, is a potential safety hazard and health risk due
to road conditions, traffic volumes, and direct exposure to snowmobile
emissions. This rule does not affect supply sleds attached by a rigid
device or hitch pulled directly behind snowmobiles or other oversnow
vehicles as long as no person or animal is hauled on them. Other
provisions of 36 CFR Parts 1 and 2 continue to apply to the operation
of oversnow vehicles unless specifically excluded here.
Sec. 7.13(l)(15) Are there any forms of non-motorized oversnow
transportation allowed in the park?
See also Sec. 7.22(g)(14) and Sec. 7.21(a)(15) for Grand Teton
and the Parkway, respectively. Non-motorized travel consisting of
skiing, skating, snowshoeing, and walking are generally permitted.
Yellowstone and Grand Teton have specifically prohibited dog sledding
and ski-joring (the practice of a skier being pulled by dogs or a
vehicle) to prevent disturbance or harassment to wildlife. These
restrictions have been in place for several years and would be
reaffirmed under these regulations.
Sec. 7.13(l)(16) May I operate a snowplane in Yellowstone National
Park?
See also Sec. 7.22(g)(15) and Sec. 7.21(a)(16) for Grand Teton
and the Parkway. Before the winter of 2002-2003, snowplanes were
allowed on Jackson Lake within GTNP under a permit system. Based on the
analysis set forth in the 2000 EIS and ROD and incorporated by
reference into three subsequent rulemaking processes, the NPS found
that the use of snowplanes results in impairment of the natural
soundscape and opportunities for enjoyment of the park by visitors in
violation of the NPS Organic Act. Additionally, with their unguarded
propellers and high travel speeds, snowplanes present unacceptable
safety risks. Accordingly, snowplanes have been banned since 2001. On
June 27, 2007, the U.S. District Court for the District of Wyoming
upheld the prohibition on the use of snowplanes; the case is currently
on appeal. To date, NPS is not aware of any new or
[[Page 65794]]
additional information regarding snowplanes that would suggest their
use would not impair park resources and values. As a result, and to
avoid any uncertainty based on their previous use on Jackson Lake, this
proposed rule includes language that specifically continues the
prohibition of snowplanes in each of these parks.
Sec. 7.13(l)(17) Is violating any of the provisions of this section
prohibited?
Some magistrates have interpreted the lack of a specific
prohibitory statement in regulations to be ambiguous and therefore
unenforceable. Although it would seem to be implicit that each instance
of a failure to abide by specific requirements is a separate violation,
the proposed regulation contains clarifying language for this purpose.
Each occurrence of non-compliance with these regulations is a separate
violation. However, it should also be noted that the individual
regulatory provisions (i.e., each of the separately numbered
subparagraphs throughout these three sections) could be violated
individually and are of varying severity. Thus, each subparagraph
violated can and should receive an individual fine in accordance with
the issuance of the park's bail schedule as issued by the appropriate
magistrate. It is not intended that violations of multiple
subparagraphs of these regulations be treated as a single violation or
subject only to a single fine. See also Sec. 7.22(g)(20) and Sec.
7.21(a)(17) for Grand Teton and the Parkway.
Sec. 7.22(g)(16) May I continue to access public lands via snowmobile
through the park?
The NPS is proposing to continue providing access to public lands
that are adjacent to Grand Teton National Park, consistent with the
requirements found in the park's enabling legislation. Specific routes
are designated to provide such access; the requirements established for
air and sound emissions, guiding and licensing, snowmobile operator
age, and daily entry limits do not apply on these routes. Section
7.22(g)(17) specifies that the routes designated in Sec. 7.22(g)(16)
may be used only to gain direct access to public lands located adjacent
to the park boundary.
Sec. 7.22(g)(18) May I continue to access private property within or
adjacent to the park via snowmobile?
The NPS is proposing to continue providing access to inholdings or
private lands adjacent to Grand Teton National Park, consistent with
the requirements found in the park's enabling legislation. Specific
routes are designated to provide access, and the requirements
established for air and sound emissions, guiding and licensing,
snowmobile operator age, and daily entry limits do not apply on these
routes. Section 7.22(g)(19) specifies that the routes designated in
Sec. 7.22(g)(18) may be used only to gain direct access to private
lands located within or adjacent to the park boundary, and is
authorized only for the landowners and their representatives or guests.
Summary of Economic Analysis
Introduction
The results of the cost-benefit analyses indicate that the costs of
the proposed regulatory action are justified by the associated
benefits. Specifically, this proposed regulatory action will not have
an annual economic effect of $100 million, and will not adversely
affect an economic sector, productivity, jobs, the environment, or
other units of government relative to the Alternative 1 baseline.
Rather, this proposed regulatory action is expected to improve economic
efficiency. Further, this proposed regulatory action will have positive
impacts on small entities relative to the Alternative 1 baseline.
Cost-Benefit Analysis
NPS has considered the impacts of the Alternative 1 baseline and
the Alternative 2 action alternatives, and determined that the
resulting winter season park visitation (including YNP, GTNP, and the
Parkway) under those two scenarios is represented by Table 3 below.
These visitation levels are identical to relevant visitation levels
during the 2005-06 winter season in YNP (Duffield and Neher, August
2006), which reflect recent trends for the GYA. Alternative 1
(baseline) includes only North Entrance wheeled vehicle entries plus
park-wide ski entries, while Alternative 2 (action) also includes
snowmobile and snowcoach entries. Visitation changes in GTNP and the
Parkway between the two alternatives are considered de minimis.
Table 3--Winter Season Park Visitation in the Greater Yellowstone Area Under Alternatives 1 and 2
----------------------------------------------------------------------------------------------------------------
Visitor-Days
-----------------------------------------------------------------------------------------------------------------
Wheeled
Alternative Snowmobile Snowcoach vehicle and Total
ski
----------------------------------------------------------------------------------------------------------------
1 (Baseline)................................... 0 0 40,029 40,029
2 (Action)..................................... 28,833 19,856 40,029 88,718
---------------------------------------------------------------
Change from 1 to 2............................. +28,833 +19,856 0 +48,689
----------------------------------------------------------------------------------------------------------------
Benefits and Costs
As indicated in Table 3, park visitors to the GYA are expected to
gain benefits from increased snowmobile and snowcoach access under
Alternative 2 relative to the Alternative 1 baseline. These benefits
are termed ``consumer surplus,'' which includes the maximum willingness
to pay for such activities minus the costs of participation. Therefore,
consumer surplus measures the net benefits of visitation. NPS also
estimates that businesses would receive benefits from Alternative 2
relative to the Alternative 1 baseline. These benefits would arise from
the provision of additional services associated with the increased
snowmobile and snowcoach visitation under Alternative 2. These benefits
are termed ``producer surplus,'' which are a net benefits measure
similar to the consumer surplus benefits accruing to visitors. NPS was
able to quantify certain benefits in the current analysis. Those
consumer and producer surplus benefits that could be quantified under
Alternative 2 are summarized in Table 4.
[[Page 65795]]
Table 4--Quantified Consumer and Producer Surplus Benefits Under
Alternative 2
------------------------------------------------------------------------
Total present Amortized
Discount rate value annual value
------------------------------------------------------------------------
3 percent.............................. $37,901,000 $13,399,000
7 percent.............................. 35,163,000 13,399,000
------------------------------------------------------------------------
Office of Management and Budget Circular A-4 recommends a 7 percent
discount rate in general, and a 3 percent discount rate when analyzing
the impacts to private consumption. Values are 2003 dollars rounded to
the nearest 1,000.
Although costs could not be quantified, it is possible for visitors
who do not access the parks by snowmobile or snowcoach to suffer
consumer surplus losses under Alternative 2 due to interactions with
those visitor uses. However, given recent visitor trends and the
relatively low level of snowmobile and snowcoach use contemplated under
Alternative 2, it is not possible at this time to estimate any such
reductions in visitor use. Therefore, while recognizing that such
losses to visitor benefits are possible under Alternative 2, NPS is
unable to quantify those losses. Further, NPS recognizes that it is
possible that some skiers may be worse off under the Alternative 1
baseline if they would use snowmobiles or snowcoaches to access trails
within the parks. In addition to these potential costs, the proposed
winter use plans may discourage additional visits to the parks by
people who do not currently visit the parks in the winter, but might if
snowmobiles and snowcoaches were prohibited from the parks. The Winter
2002-03 Visitor Survey was based only on current visitors to the parks
and therefore does not reflect the values of those people.
Costs to ``passive'' users of the parks may also result from the
proposed winter use plans. These users are individuals who do not
directly use park resources and perhaps never intend to do so.
Economists refer to the values these users hold using several different
terms, including non-use values, passive use values, and existence
values. The underlying motivations for these values include the
satisfaction of knowing that a particular resource is protected or a
desire to preserve the resource for future generations. Under the
proposed winter use plans, these users may be less confident that park
resources are being protected, and will therefore incur costs arising
from the knowledge that park resources may be compromised by the
presence of snowmobiles and snowcoaches.
Other costs that could not be quantified include the costs of road
grooming and maintenance, winter staffing, snowmobile and snowcoach
safety hazards, and law enforcement. In general, increasing snowmobile
and snowcoach activity in the parks would require NPS to redirect
resources away from other activities that would protect park resources
and address park management needs.
Explanation of Selected Preferred Alternative
The preferred alternative in the EA was selected because it best
balances winter use with protection of park resources to ensure that
the impairment of, or unacceptable impacts to, park resources and
values does not occur. The preferred alternative demonstrates the NPS
commitment to monitor winter use and to use the results to adjust the
winter use program. The results of the monitoring program, including
data obtained regarding air quality, wildlife, soundscapes, and health
and safety, were used in formulating the alternatives in the EA. The
preferred alternative applies the lessons learned over the last several
winters relative to commercial guiding, which demonstrated, among other
things, that 100% commercial guiding has been very successful and
offers the best opportunity for achieving goals of protecting park
resources and allowing balanced use of the parks. Law enforcement
incidents have been reduced well below historic numbers, even after
taking into account reduced visitation. That reduction is attributed to
the quality of the guided program.
The preferred alternative uses strictly limited oversnow vehicle
numbers, combined with air and sound emission requirements and 100%
commercial guiding, to help ensure that the purpose and need for the
environmental impact statement is best met. With access via snowmobile,
snowcoaches, or non-motorized means, park visitors will have a range of
appropriate winter recreational opportunities. With the significant
restrictions built into snowmobile and snowcoach use, this plan also
ensures that these recreational activities will not impair or
irreparably harm park resources or values.
The preferred alternative also supports the communities and
businesses both near and far from the parks and will encourage them to
have an economically sustainable winter recreation program that relies
on a variety of modes for access to the parks in the winter. Peak
snowmobile numbers allowed under the preferred alternative are well
below the historic averages, but the snowmobile and snowcoach limits
should provide a viable program for winter access to the parks.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is a significant rule and has been reviewed by the
Office of Management and Budget under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities. These conclusions are based on the report ``Economic
Analysis: Proposed Temporary Winter Use Plans for the Greater
Yellowstone Area for Winter Seasons 2008-09 through 2010-11'' (Peacock,
October 19, 2008).
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
Implementing actions under this rule will not interfere with plans by
other agencies or local government plans, policies, or controls since
this is an agency specific change.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. It only affects the use of over-snow machines within
specific national parks. No grants or other forms of monetary
supplement are involved.
(4) OMB has determined that this rule raises novel legal or policy
issues. The issue has generated local as well as national interest on
the subject in the Greater Yellowstone Area. The NPS has been the
subject of numerous lawsuits regarding winter use management.
Regulatory Flexibility Act
The Department of the Interior has determined that this document
will have a significant positive economic
[[Page 65796]]
effect on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Therefore, an Initial
Regulatory Flexibility Analysis has been conducted. This analysis is
contained in the report ``Economic Analysis: Proposed Temporary Winter
Use Plans for the Greater Yellowstone Area for Winter Seasons 2008-09
through 2010-11'' (Peacock, October 19, 2008).
Only one action alternative was considered, Alternative 2. The
Initial Regulatory Flexibility Analysis concludes that Alternative 2
will have positive impacts and will not have significant negative
impacts on small businesses relative to the Alternative 1 baseline.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rulemaking has no effect on methods of manufacturing or production and
specifically affects the Greater Yellowstone Area, not national or U.S.
based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. It addresses public
use of national park lands, and imposes no requirements on other
agencies or governments.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. Access to private property located
within or adjacent to the parks will be afforded the same access during
winter as before this rule. No other property is affected.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. It addresses public use of national park lands,
and imposes no requirements on other agencies or governments.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act
This regulation does not require an information collection from 10
or more parties and a submission under the Paperwork Reduction Act is
not required. An OMB form 83-I is not required.
National Environmental Policy Act
A 2008 Winter Use Plans Environmental Assessment (2008 EA) has been
prepared and is or will shortly be available for public review and
comment. The EA is available for review by contacting Yellowstone or
Grand Teton Management Assistant's Offices or at http://parkplanning.nps.gov/.
Comments are being solicited separately for the 2008 EA and this
proposed rule. See the Public Participation section for more
information on how to comment on the EA.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government to Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2:
The NPS has evaluated potential effects on federally recognized
Indian tribes and have determined that there are no potential effects.
Numerous tribes in the area were consulted in the development of the
previous winter use planning documents. Their major concern was to
reduce the adverse effects on wildlife by snowmobiles. This rule does
that through implementation of the guiding requirements and
disbursement of snowmobile use through the various entrance stations.
Clarity of This Regulation
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
Administrative Procedure Act
This proposed rule is available for public review and comment for a
period of 15-days. Under more typical circumstances the NPS would
normally provide a 60-day comment period. In this case, the Order that
was issued by the DC District Court vacated the 2007 Rule only 90 days
prior to the scheduled start of the winter season in the Parks, and has
resulted in the need for an expedited rulemaking process. For this
regulation, we have determined that in order for a final rule to become
effective on or about December 15, 2008, it is necessary to reduce the
normal review and comment period to 15 days. Good cause exists for the
shortened comment period for the following reasons:
(1) The NPS has received voluminous public comment on previous
rulemaking efforts regarding winter use of the Parks since 2000,
including 2001, 2002, 2003, 2004, and 2007. Those rulemaking efforts
addressed many of the same issues as are addressed in this rulemaking,
and no substantially new issues are being raised.
(2) The NPS has in good faith since at least March 2007 publicly
stated that the 2008-2009 winter season for the Parks would commence on
December 15, 2008, and the public and businesses have made decisions
based on the widespread public knowledge of this opening date.
(3) Many persons planning to visit the Parks have already made
travel plans in anticipation of the Parks being open for snowmobile and
snowcoach use, such as reserving time off from work, booking airfares
and hotel accommodations, making reservations for snowmobile or
snowcoach tours, and the like. The Christmas-New Year period is the
most heavily visited time of the winter season. If the Parks do not
open as scheduled on December 15, it would create unnecessary hardship
for visitors who have already planned trips, and would likely result in
economic losses
[[Page 65797]]
for some visitors if reservations had to be cancelled. Significant
revenue loss for businesses in and around the Parks would also occur.
Many businesses in the gateway communities surrounding the Parks, and
the people who rely upon them for their livelihoods, are highly
dependent upon the Parks being open for the entire duration of the 90-
day season.
(4) Snowmobile and snowcoach operators have made business decisions
and investments for the winter season premised on an opening date of
December 15, 2008. Such actions include purchasing new snowmobiles and
snowcoaches for their fleets, making offers of employment, preparing
advertising and other materials, and purchasing snowmobile accessories
such as suits, helmets, boots, mittens, etc. A late opening would
shorten an already-brief winter season, thereby depriving these
businesses and others that depend on the winter season (such as hotels,
restaurants, service stations, and other hospitality-oriented
businesses) of revenue that is important to their livelihoods.
Drafting Information: The primary authors of this regulation are
Gary Pollock, Management Assistant, Grand Teton National Park, and John
Sacklin, Management Assistant, Yellowstone National Park.
Public Participation
If you wish to comment, you may submit your comments by any one of
several methods.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Yellowstone National Park, Winter Use Proposed Rule,
P.O. Box 168, Yellowstone NP, WY 82190.
Hand Deliver to: Management Assistant's Office,
Headquarters Building, Mammoth Hot Springs, Yellowstone National Park,
Wyoming.
All comments must be received by midnight of the close of the
comment period.
As noted previously, an EA is also available for public comment.
Those wishing to comment on both this proposed rule and the EA should
submit separate comments for each. Comments regarding the EA may be
submitted online via the NPS' Planning, Environment, and Public Comment
(PEPC) Web site at http://parkplanning.nps.gov/, or they may be
addressed to: Winter Use Plans EA, P.O. Box 168, Yellowstone National
Park, WY 82190. Additional information about the EA is available online
at: http://www.nps.gov/yell/planyourvisit/winteruse.htm.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR Part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137(1981) and D.C. Code 40-721 (1981).
2. Amend Sec. 7.13 by revising paragraph (l) to read as follows:
Sec. 7.13 Yellowstone National Park.
* * * * *
(l)(1) What is the scope of this regulation? The regulations
contained in paragraphs (l)(2) through (l)(17) of this section apply to
the use of snowcoaches and recreational snowmobiles. Except where
indicated, paragraphs (l)(2) through (l)(17) do not apply to non-
administrative oversnow vehicle use by NPS, contractor, or concessioner
employees, or other non-recreational users authorized by the
Superintendent.
(2) What terms do I need to know? The definitions in this paragraph
(l)(2) also apply to non-administrative oversnow vehicle use by NPS,
contractor, or concessioner employees, or other non-recreational users
authorized by the Superintendent.
(i) Commercial guide means a guide who operates as a snowmobile or
snowcoach guide for a fee or compensation and is authorized to operate
in the park under a concession contract. In this section, ``guide''
also means ``commercial guide.''
(ii) Historic snowcoach means a Bombardier snowcoach manufactured
in 1983 or earlier. Any other snowcoach is considered a non-historic
snowcoach.
(iii) Oversnow route means that portion of the unplowed roadway
located between the road shoulders and designated by snow poles or
other poles, ropes, fencing, or signs erected to regulate oversnow
activity. Oversnow routes include pullouts or parking areas that are
groomed or marked similarly to roadways and are adjacent to designated
oversnow routes. An oversnow route may also be distinguished by the
interior boundaries of the berm created by the packing and grooming of
the unplowed roadway. The only motorized vehicles permitted on oversnow
routes are oversnow vehicles.
(iv) Oversnow vehicle means a snowmobile, snowcoach, or other
motorized vehicle that is intended for travel primarily on snow and has
been authorized by the Superintendent to operate in the park. An
oversnow vehicle that does not meet the definition of a snowcoach must
comply with all requirements applicable to snowmobiles.
(v) Snowcoach means a self-propelled mass transit vehicle intended
for travel on snow, having a curb weight of over 1,000 pounds (450
kilograms), driven by a track or tracks and steered by skis or tracks,
and having a capacity of at least 8 passengers. A snowcoach has a
maximum size of 102 inches wide, plus tracks (not to exceed 110 inches
overall); a maximum length of 35 feet; and a Gross Vehicle Weight
Rating (GVWR) not exceeding 25,000 pounds.
(vi) Snowmobile means a self-propelled vehicle intended for travel
on snow, with a curb weight of not more than 1,000 pounds (450 kg),
driven by a track or tracks in contact with the snow, and which may be
steered by a ski or skis in contact with the snow.
(vii) Snowplane means a self-propelled vehicle intended for
oversnow travel and driven by an air-displacing propeller.
(3) May I operate a snowmobile in Yellowstone National Park? (i)
You may operate a snowmobile in Yellowstone National Park in compliance
with use limits, guiding requirements, operating hours and dates,
equipment, and operating conditions established under this section. The
Superintendent may establish additional operating conditions and must
provide notice of those conditions in accordance with Sec. 1.7(a) of
this chapter or in the Federal Register.
(ii) The authority to operate a snowmobile in Yellowstone National
Park established in paragraph (l)(3)(i) of this section is in effect
only through the winter season of 2010-2011.
(4) May I operate a snowcoach in Yellowstone National Park? (i)
Snowcoaches may only be operated in Yellowstone National Park under a
concessions contract. Snowcoach operation is subject to the conditions
[[Page 65798]]
stated in the concessions contract and all other conditions identified
in this section.
(ii) All non-historic snowcoaches must meet NPS air emissions
requirements, which mean the applicable EPA emissions standards for the
vehicle that were in effect at the time it was manufactured.
(iii) All critical emission-related exhaust components (as listed
in 40 CFR 86.004-25(b)(3)(iii) through (v)) must be functioning
properly. Such critical emissions-related components may only be
replaced with the original equipment manufacturer (OEM) component,
where possible. Where OEM parts are not available, aftermarket parts
may be used if they are certified not to worsen emission and sound
characteristics.
(iv) Modifying or disabling a snowcoach's original pollution
control equipment is prohibited except for maintenance purposes.
(v) Individual snowcoaches may be subject to periodic inspections
to determine compliance with the requirements of paragraphs (l)(4)(ii)
through (l)(4)(iv) of this section.
(vi) The authority to operate a snowcoach in Yellowstone National
Park established in paragraph (l)(4)(i) of this section is in effect
only through the winter season of 2010-2011.
(5) Must I operate a certain model of snowmobile? Only commercially
available snowmobiles that meet NPS air and sound emissions
requirements as set forth in this section may be operated in the park.
The Superintendent will approve snowmobile makes, models, and years of
manufacture that meet those requirements. Any snowmobile model not
approved by the Superintendent may not be operated in the park.
(6) How will the Superintendent approve snowmobile makes, models,
and years of manufacture for use in the park? (i) Beginning with the
2005 model year, all snowmobiles must be certified under 40 CFR Part
1051, to a Family Emission Limit no greater than 15 g/kW-hr for
hydrocarbons and to a Family Emission Limit no greater than 120 g/kW-hr
for carbon monoxide.
(A) 2004 model year snowmobiles may use measured emissions levels
(official emission results with no deterioration factors applied) to
comply with the emission limits specified in paragraph (l)(6)(i) of
this section.
(B) Snowmobiles manufactured before the 2004 model year may be
operated only if they have been shown to the Superintendent to have
emissions no greater than the limits specified in paragraph (l)(6)(i)
of this section.
(C) The snowmobile test procedures specified by EPA (40 CFR Parts
1051 and 1065) must be used to measure air emissions from model year
2004 and later snowmobiles. Equivalent procedures may be used for
earlier model years.
(ii) For sound emissions, snowmobiles must operate at or below 73
dBA as measured at full throttle according to Society of Automotive
Engineers J192 test procedures (revised 1985). Snowmobiles may be
tested at any barometric pressure equal to or above 23.4 inches Hg
uncorrected. The Superintendent may revise these testing procedures
based on new information and/or updates to the SAE J192 testing
procedures.
(iii) Snowmobiles meeting the requirements for air and sound
emissions may be operated in the park for a period not exceeding 6
years from the date upon which first certified.
(iv) The Superintendent may prohibit entry into the park of any
snowmobile that has been modified in a manner that may adversely affect
air or sound emissions.
(v) These air and sound emissions requirements do not apply to
snowmobiles being operated on the Cave Falls Road in Yellowstone.
(7) Where may I operate my snowmobile in Yellowstone National Park?
(i) You may operate your snowmobile only upon designated oversnow
routes established within the park in accordance with Sec. 2.18(c) of
this chapter. The following oversnow routes are so designated for
snowmobile use only through the winter of 2010-2011:
(A) The Grand Loop Road from its junction with Upper Terrace Drive
to Norris Junction.
(B) Norris Junction to Canyon Junction.
(C) The Grand Loop Road from Norris Junction to Madison Junction.
(D) The West Entrance Road from the park boundary at West
Yellowstone to Madison Junction.
(E) The Grand Loop Road from Madison Junction to West Thumb.
(F) The South Entrance Road from the South Entrance to West Thumb.
(G) The Grand Loop Road from West Thumb to its junction with the
East Entrance Road.
(H) The East Entrance Road from Fishing Bridge Junction to the East
Entrance.
(I) The Grand Loop Road from its junction with the East Entrance
Road to Canyon Junction.
(J) The South Canyon Rim Drive.
(K) Lake Butte Road.
(L) In the developed areas of Madison Junction, Old Faithful, Grant
Village, West Thumb, Lake, Fishing Bridge, Canyon, Indian Creek, and
Norris.
(M) Firehole Canyon Drive, between noon and 9 p.m. each day.
(N) North Canyon Rim Drive, between noon and 9 p.m. each day.
(O) Riverside Drive, between noon and 9 p.m. each day.
(P) Cave Falls Road.
(ii) The Superintendent may open or close these routes, or portions
thereof, for snowmobile travel after taking into consideration the
location of wintering wildlife, appropriate snow cover, public safety,
avalanche conditions, and other factors. Notice of such opening or
closing will be provided by one or more of the methods listed in Sec.
1.7(a) of this chapter.
(iii) This paragraph (l)(7) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(iv) Maps detailing the designated oversnow routes will be
available from Park Headquarters.
(8) What routes are designated for snowcoach use? (i) Authorized
snowcoaches may be operated on the routes designated for snowmobile use
in paragraphs (l)(7)(i)(A) through (l)(7)(i)(O) of this section. The
restricted hours of snowmobile use described in paragraphs (l)(7)(i)(M)
through (l)(7)(i)(O) do not apply to snowcoaches. Snowcoaches may also
be operated on the following additional oversnow routes only through
the winter of 2010-2011:
(A) Fountain Flat Road.
(B) The Grand Loop Road from Canyon Junction to Washburn Hot
Springs overlook.
(C) For rubber-tracked snowcoaches only, the Grand Loop Road from
Upper Terrace Drive to the junction of the Grand Loop Road and North
Entrance Road, and within the Mammoth Hot Springs developed area.
(ii) The Superintendent may open or close these oversnow routes, or
portions thereof, or designate new routes for snowcoach travel after
taking into consideration the location of wintering wildlife,
appropriate snow cover, public safety, and other factors. Notice of
such opening or closing shall be provided by one of more of the methods
listed in Sec. 1.7(a) of this chapter.
(iii) This paragraph (l)(8) also applies to non-administrative
snowcoach use by NPS, contractor, or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(9) Must I travel with a commercial guide while snowmobiling in
Yellowstone and what other guiding requirements apply? (i) All
recreational
[[Page 65799]]
snowmobile operators must be accompanied by a commercial guide.
(ii) Snowmobile parties must travel in a group of no more than 11
snowmobiles, including that of the guide.
(iii) Guided parties must travel together within a maximum of one-
third mile of the first snowmobile in the group.
(iv) The guiding requirements described in this paragraph (l)(9) do
not apply to snowmobiles being operated on the Cave Falls Road.
(10) Are there limits established for the number of snowmobiles and
snowcoaches permitted to operate in the park each day? The number of
snowmobiles and snowcoaches allowed to operate in the park each day is
limited to a certain number per entrance or location. The limits are
listed in the following table:
Table 1 to Sec. 7.13(l)--Daily Snowmobile and Snowcoach Limits
------------------------------------------------------------------------
Commercially Commercially
Park entrance/location guided guided
snowmobiles snowcoaches
------------------------------------------------------------------------
(i) North Entrance *.................... 12 13
(ii) West Entrance...................... 160 34
(iii) South Entrance.................... 114 13
(iv) East Entrance...................... 20 2
(v) Old Faithful *...................... 12 16
(vi) Cave Falls......................... ** 50 0
------------------------------------------------------------------------
* Commercially guided snowmobile tours originating at the North Entrance
and Old Faithful are currently provided solely by Xanterra Parks and
Resorts. Because this concessioner is the sole provider at both of
these areas, this regulation allows the daily entry limits between the
North Entrance and Old Faithful to be adjusted as necessary, so long
as the total number of snowmobiles between the two entrances does not
exceed 24. For example, the concessioner could operate 6 snowmobiles
at Old Faithful and 18 at the North Entrance if visitor demand
warranted it. This will allow the concessioner to respond to changing
visitor demand for commercially guided snowmobile tours, thus
enhancing visitor service in Yellowstone.
** These snowmobiles operate on an approximately 1-mile segment of road
within the park where the use is incidental to other snowmobiling
activities in the Targhee National Forest. These snowmobiles do not
need to be guided or to meet NPS air and sound emissions requirements.
(11) When may I operate my snowmobile or snowcoach? The
Superintendent will determine operating hours and dates. Except for
emergency situations, any changes to operating hours will be made on an
annual basis, and the public will be notified of those changes through
one or more of the methods listed in Sec. 1.7(a) of this chapter.
(12) What other conditions apply to the operation of oversnow
vehicles? (i) The following are prohibited:
(A) Idling an oversnow vehicle for more than 5 minutes at any one
time.
(B) Driving an oversnow vehicle while the driver's motor vehicle
license or privilege is suspended or revoked.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
(D) Driving an oversnow vehicle in willful or wanton disregard for
the safety of persons, property, or park resources or otherwise in a
reckless manner.
(E) Operating an oversnow vehicle without a lighted white headlamp
and red taillight.
(F) Operating an oversnow vehicle that does not have brakes in good
working order.
(G) The towing of persons on skis, sleds, or other sliding devices
by oversnow vehicles, except in emergency situations.
(ii) The following are required:
(A) All oversnow vehicles that stop on designated routes must pull
over to the far right and next to the snow berm. Pullouts must be used
where available and accessible. Oversnow vehicles may not be stopped in
a hazardous location or where the view might be obscured, or operated
so slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle drivers must possess a valid motor vehicle
driver's license. A learner's permit does not satisfy this requirement.
The license must be carried by the driver at all times.
(C) Equipment sleds towed by a snowmobile must be pulled behind the
snowmobile and fastened to the snowmobile with a rigid hitching
mechanism.
(D) Snowmobiles must be properly registered and display a valid
registration from a state or province in the United States or Canada,
respectively.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The public
will be notified of any changes through one or more methods listed in
Sec. 1.7(a) of this chapter.
(iv) This paragraph (l)(12) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(13) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions
apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is under 21 years of age and the
alcohol concentration in the driver's blood or breath is 0.02 grams or
more of alcohol per 100 milliliters of blood or 0.02 grams or more of
alcohol per 210 liters of breath.
(ii) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is a snowmobile guide or a
snowcoach driver and the alcohol concentration in the operator's blood
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood
or 0.04 grams or more of alcohol per 210 liters of breath.
(iii) This paragraph (1)(13) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(14) Do other NPS regulations apply to the use of oversnow
vehicles? (i) The use of oversnow vehicles in Yellowstone is subject to
Sec. Sec. 2.18(a) and (c), but not subject to Sec. Sec. 2.18 (b),
(d), (e), and 2.19(b) of this chapter.
(ii) This paragraph (l)(14) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(15) Are there any forms of non-motorized oversnow transportation
allowed in the park?
(i) Non-motorized travel consisting of skiing, skating,
snowshoeing, or walking is permitted unless otherwise restricted under
this section or other NPS regulations.
[[Page 65800]]
(ii) The Superintendent may designate areas of the park as closed,
reopen such areas, or establish terms and conditions for non-motorized
travel within the park in order to protect visitors, employees, or park
resources. Notice will be made in accordance with Sec. 1.7(a) of this
chapter.
(iii) Dog sledding and ski-joring are prohibited. Bicycles are not
allowed on oversnow routes in Yellowstone.
(16) May I operate a snowplane in Yellowstone National Park? The
operation of a snowplane in Yellowstone is prohibited.
(17) Is violating any of the provisions of this section prohibited?
Violating any of the terms, conditions or requirements of paragraphs
(l)(1) through (l)(16) of this section is prohibited. Each such
occurrence of non-compliance with these regulations is a separate
violation.
* * * * *
3. Amend Sec. 7.21 by revising paragraph (a) to read as follows:
Sec. 7.21 John D. Rockefeller, Jr. Memorial Parkway.
(a)(1) What is the scope of this section? The regulations contained
in paragraphs (a)(2) through (a)(17) of this section apply to the use
of snowcoaches and recreational snowmobiles. Except where indicated,
paragraphs (a)(2) through (a)(17) do not apply to non-administrative
oversnow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(2) What terms do I need to know? All of the terms in Sec.
7.13(l)(2) of this part apply to this section. This paragraph also
applies to non-administrative oversnow vehicle use by NPS, contractor,
or concessioner employees, or other non-recreational users authorized
by the Superintendent.
(3) May I operate a snowmobile in the Parkway? You may operate a
snowmobile in the Parkway in compliance with use limits, guiding
requirements, operating hours and dates, equipment, and operating
conditions established under this section. The Superintendent may
establish additional operating conditions and will provide notice of
those conditions in accordance with Sec. 1.7(a) of this chapter or in
the Federal Register.
(4) May I operate a snowcoach in the Parkway? (i) Snowcoaches may
only be operated in the Parkway under a concessions contract. Snowcoach
operation is subject to the conditions stated in the concessions
contract and all other conditions identified in this section.
(ii) All non-historic snowcoaches must meet NPS air emissions
requirements, which mean the applicable EPA emissions standards for the
vehicle that were in effect at the time it was manufactured.
(iii) All critical emission-related exhaust components (as defined
in 40 CFR 86.004-25(b)(3)(iii) through (v)) must be functioning
properly. Such critical emission-related components may only be
replaced with the original equipment manufacturer (OEM) component,
where possible. Where OEM parts are not available, after-market parts
may be used if they are certified not to worsen emission and sound
characteristics.
(iv) Modifying or disabling a snowcoach's original pollution
control equipment is prohibited except for maintenance purposes.
(v) Individual snowcoaches may be subject to periodic inspections
to determine compliance with the requirements of paragraphs (a)(4)(ii)
through (a)(4)(iv) of this section.
(5) Must I operate a certain model of snowmobile? Only commercially
available snowmobiles that meet NPS air and sound emissions
requirements as set forth in this section may be operated in the
Parkway. The Superintendent will approve snowmobile makes, models, and
years of manufacture that meet those requirements. Any snowmobile model
not approved by the Superintendent may not be operated in the Parkway.
(6) How will the Superintendent approve snowmobile makes, models,
and years of manufacture for use in the Parkway? (i) Beginning with the
2005 model year, all snowmobiles must be certified under 40 CFR Part
1051, to a Family Emission Limit no greater than 15 g/kW-hr for
hydrocarbons and to a Family Emission Limit no greater than 120 g/kW-hr
for carbon monoxide.
(A) 2004 model year snowmobiles may use measured air emissions
levels (official emission results with no deterioration factors
applied) to comply with the air emission limits specified in paragraph
(a)(6)(i) of this section.
(B) Snowmobiles manufactured before the 2004 model year may be
operated only if they have been shown to have air emissions no greater
than the restrictions identified in paragraph (a)(6)(i) of this
section.
(C) The snowmobile test procedures specified by EPA (40 CFR Parts
1051 and 1065) must be used to measure air emissions from model year
2004 and later snowmobiles. Equivalent procedures may be used for
earlier model years.
(ii) For sound emissions, snowmobiles must operate at or below 73
dBA as measured at full throttle according to Society of Automotive
Engineers J192 test procedures (revised 1985). Snowmobiles may be
tested at any barometric pressure equal to or above 23.4 inches Hg
uncorrected. The Superintendent may revise these testing procedures
based on new information and/or updates to the SAE J192 testing
procedures.
(iii) Snowmobiles meeting the requirements for air and sound
emissions may be operated in the Parkway for a period not exceeding 6
years from the date upon which first certified.
(iv) These air and sound emissions requirements do not apply to
snowmobiles being operated on the Grassy Lake Road. On all other
oversnow routes within the Parkway, snowmobiles must meet these air and
sound emissions requirements.
(v) The Superintendent may prohibit entry into the Parkway of any
snowmobile that has been modified in a manner that may adversely affect
air or sound emissions.
(7) Where may I operate my snowmobile in the Parkway? (i) You may
operate your snowmobile only upon designated oversnow routes
established within the Parkway in accordance with Sec. 2.18(c) of this
chapter. The following oversnow routes are so designated for snowmobile
use:
(A) Along U.S. Highway 89/191/287 from Flagg Ranch to the northern
boundary of the Parkway.
(B) Flagg Ranch developed area.
(C) Grassy Lake Road from Flagg Ranch to the western boundary of
the Parkway.
(ii) The Superintendent may open or close these routes, or portions
thereof, for snowmobile travel after taking into consideration the
location of wintering wildlife, appropriate snow cover, public safety,
and other factors. The Superintendent will provide notice of such
opening or closing by one or more of the methods listed in Sec. 1.7(a)
of this chapter.
(iii) This paragraph (a)(7) also applies to non-administrative
oversnow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(iv) Maps detailing the designated oversnow routes will be
available from Park Headquarters.
(8) What routes are designated for snowcoach use? (i) Authorized
snowcoaches may only be operated on the routes designated for
snowmobile use in paragraph (a)(7)(i)(A) and (B) of this section. No
other routes are open to
[[Page 65801]]
snowcoach use, except as provided in paragraph (a)(8)(ii) of this
section.
(ii) The Superintendent may open or close these oversnow routes, or
portions thereof, or designate new routes for snowcoach travel after
taking into consideration the location of wintering wildlife,
appropriate snow cover, public safety, and other factors. The
Superintendent will provide notice of such opening or closing by one or
more of the methods listed in Sec. 1.7(a) of this chapter.
(iii) This paragraph (a)(8) also applies to non-administrative
snowcoach use by NPS, contractor, or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(9) Must I travel with a commercial guide while snowmobiling in the
Parkway, and what other guiding requirements apply? (i) All
recreational snowmobile operators using the oversnow route along U.S.
Highway 89/191/287 from Flagg Ranch to the northern boundary of the
Parkway must be accompanied by a commercial guide. A guide is not
required in other portions of the Parkway.
(ii) Guided snowmobile parties must travel in a group of no more
than 11 snowmobiles, including that of the guide.
(iii) Guided snowmobile parties must travel together within a
maximum of one-third mile of the first snowmobile in the group.
(10) Are there limits established for the numbers of snowmobiles
and snowcoaches permitted to operate in the Parkway each day? The
number of snowmobiles and snowcoaches allowed to operate in the Parkway
each day is limited to a certain number per road segment. The limits
are listed in the following table:
Table 1 to Sec. 7.21(a)--Daily Snowmobile and Snowcoach Entry Limits
------------------------------------------------------------------------
Commercial
Park entrance/road segment Snowmobiles snowcoaches
------------------------------------------------------------------------
(i) Grassy Lake Road (Flagg-Ashton Road) 25 0
(ii) Flagg Ranch to Yellowstone South 114 13
Entrance *.............................
------------------------------------------------------------------------
* Commercially guided; the numbers of snowmobiles and snowcoaches
allocated to this road segment may be adjusted depending on the
results of analysis for concessions contracts, and will be the same as
indicated in Table 1 to Sec. 7.13(l) of this part.
(11) When may I operate my snowmobile or snowcoach? The
Superintendent will determine operating hours and dates. Except for
emergency situations, any changes to operating hours will be made on an
annual basis and the public will be notified of those changes through
one or more of the methods listed in Sec. 1.7(a) of this chapter.
(12) What other conditions apply to the operation of oversnow
vehicles? (i) The following are prohibited:
(A) Idling an oversnow vehicle more than 5 minutes at any one time.
(B) Driving an oversnow vehicle while the operator's motor vehicle
license or privilege is suspended or revoked.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
(D) Driving an oversnow vehicle in willful or wanton disregard for
the safety of persons, property, or parkway resources or otherwise in a
reckless manner.
(E) Operating an oversnow vehicle without a lighted white headlamp
and red taillight.
(F) Operating an oversnow vehicle that does not have brakes in good
working order.
(G) Towing persons on skis, sleds or other sliding devices by
oversnow vehicles, except in emergency situations.
(ii) The following are required:
(A) All oversnow vehicles that stop on designated routes must pull
over to the far right and next to the snow berm. Pullouts must be used
where available and accessible. Oversnow vehicles may not be stopped in
a hazardous location or where the view might be obscured, or operated
so slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle drivers must possess a valid motor vehicle
driver's license. A learner's permit does not satisfy this requirement.
The license must be carried by the driver at all times.
(C) Equipment sleds towed by a snowmobile must be pulled behind the
snowmobile and fastened to the snowmobile with a rigid hitching
mechanism.
(D) Snowmobiles must be properly registered and display a valid
registration from the United States or Canada.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The
Superintendent will notify the public of any changes through one or
more methods listed in Sec. 1.7(a) of this chapter.
(iv) This paragraph (a)(12) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(13) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions
apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is under 21 years of age and the
alcohol concentration in the driver's blood or breath is 0.02 grams or
more of alcohol per 100 milliliters of blood or 0.02 grams or more of
alcohol per 210 liters of breath.
(ii) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is a snowmobile guide or a
snowcoach driver and the alcohol concentration in the operator's blood
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood
or 0.04 grams or more of alcohol per 210 liters of breath.
(iii) This paragraph (a)(13) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(14) Do other NPS regulations apply to the use of oversnow
vehicles? (i) The use of oversnow vehicles in the Parkway is subject to
Sec. Sec. 2.18(a), (b), and (c), but not to Sec. Sec. 2.18(d), (e),
and 2.19(b) of this chapter.
(ii) This paragraph (a)(14) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(15) Are there any forms of non-motorized oversnow transportation
allowed in the Parkway? (i) Non-motorized travel consisting of skiing,
skating, snowshoeing, or walking is permitted unless otherwise
restricted under this section or other NPS regulations.
(ii) The Superintendent may designate areas of the Parkway as
closed, reopen such areas, or establish terms and conditions for non-
motorized travel within the Parkway in order to protect
[[Page 65802]]
visitors, employees, or park resources. Notice will be made in
accordance with Sec. 1.7(a) of this chapter.
(16) May I operate a snowplane in the Parkway? The operation of a
snowplane in the Parkway is prohibited.
(17) Is violating any of the provisions of this section prohibited?
Violating any of the terms, conditions, or requirements of paragraphs
(a)(1) through (a)(16) of this section is prohibited. Each occurrence
of non-compliance with these regulations is a separate violation.
* * * * *
4. Amend Sec. 7.22, by revising paragraph (g) to read as follows:
Sec. 7.22 Grand Teton National Park.
* * * * *
(g)(1) What is the scope of this section? The regulations contained
in paragraphs (g)(2) through (g)(20) of this section are intended to
apply to the use of snowcoaches and recreational snowmobiles. Except
where indicated, paragraphs (g)(2) through (g)(20) do not apply to non-
administrative oversnow vehicle use by NPS, contractor, or concessioner
employees, or other non-recreational users authorized by the
Superintendent.
(2) What terms do I need to know? All the terms in Sec. 7.13(l)(2)
of this part apply to this section. This paragraph (g)(2) also applies
to non-administrative oversnow vehicle use by NPS, contractor, or
concessioner employees, or other non-recreational users authorized by
the Superintendent.
(3) May I operate a snowmobile in Grand Teton National Park? You
may operate a snowmobile in Grand Teton National Park in compliance
with use limits, operating hours and dates, equipment, and operating
conditions established under this section. The Superintendent may
establish additional operating conditions and provide notice of those
conditions in accordance with Sec. 1.7(a) of this chapter or in the
Federal Register.
(4) May I operate a snowcoach in Grand Teton National Park? It is
prohibited to operate a snowcoach in Grand Teton National Park except
as authorized by the Superintendent.
(5) Must I operate a certain model of snowmobile in the park?
Except as provided for in paragraph (g)(6)(iv), only commercially
available snowmobiles that meet NPS air and sound emissions
requirements as set forth in this section may be operated in the park.
The Superintendent will approve snowmobile makes, models, and years of
manufacture that meet those requirements. Any snowmobile model not
approved by the Superintendent may not be operated in the park.
(6) How will the Superintendent approve snowmobile makes, models,
and years of manufacture for use in Grand Teton National Park? (i)
Beginning with the 2005 model year, all snowmobiles must be certified
under 40 CFR Part 1051, to a Family Emission Limit no greater than 15
g/kW-hr for hydrocarbons and to a Family Emission Limit no greater than
120 g/kW-hr for carbon monoxide.
(A) 2004 model year snowmobiles may use measured air emissions
levels (official emission results with no deterioration factors
applied) to comply with the air emission limits specified in paragraph
(g)(6)(i) of this section.
(B) Snowmobiles manufactured before the 2004 model year may be
operated only if they have shown to have air emissions no greater than
the requirements identified in paragraph (g)(6)(i) of this section.
(C) The snowmobile test procedures specified by EPA (40 CFR Parts
1051 and 1065) must be used to measure air emissions from model year
2004 and later snowmobiles. Equivalent procedures may be used for
earlier model years.
(ii) For sound emissions, snowmobiles must operate at or below 73
dBA as measured at full throttle according to Society of Automotive
Engineers J192 test procedures (revised 1985). Snowmobiles may be
tested at any barometric pressure equal to or above 23.4 inches Hg
uncorrected. The Superintendent may revise these testing procedures
based on new information and/or updates to the SAE J192 testing
procedures.
(iii) Snowmobiles meeting the requirements for air and sound
emissions may be operated in the park for a period not exceeding 6
years from the date upon which first certified, except that snowmobiles
being operated on Jackson Lake may continue to be operated up to 10
years, provided that these snowmobiles' mileage does not exceed 6,000
miles.
(iv) Snowmobiles will be exempt from these air and sound emissions
requirements while in use to access lands authorized by paragraphs
(g)(16) and (g)(18) of this section.
(v) The Superintendent may prohibit entry into the park of any
snowmobile that has been modified in a manner that may adversely affect
air or sound emissions.
(7) Where may I operate my snowmobile in the park? (i) You may
operate your snowmobile only upon designated oversnow routes
established within the park in accordance with Sec. 2.18(c) of this
chapter. The following oversnow route is so designated for snowmobile
use:
(A) The frozen water surface of Jackson Lake for the purposes of
ice fishing only. Those persons accessing Jackson Lake for ice fishing
must be licensed or otherwise permitted to fish in Wyoming and possess
the proper fishing gear. Snowmobiles may only be used to travel to and
from fishing locations on the lake.
(ii) The Superintendent may open or close this route, or portions
thereof, for snowmobile travel, and may establish separate zones for
motorized and non-motorized uses on Jackson Lake, after taking into
consideration the location of wintering wildlife, appropriate snow
cover, public safety and other factors. The Superintendent will provide
notice of such opening or closing by one or more of the methods listed
in Sec. 1.7(a) of this chapter.
(iii) This paragraph (g)(7) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(iv) Maps detailing the designated oversnow routes will be
available from Park Headquarters.
(8) Must I travel with a commercial guide while snowmobiling in
Grand Teton National Park? You are not required to use a guide while
snowmobiling in Grand Teton National Park.
(9) Are there limits established for the number of snowmobiles
permitted to operate in the park each day? (i) A total of 25
snowmobiles per day are allowed to operate on the route designated in
paragraph (g)(7)(i)(A).
(ii) The Superintendent may adjust the number of snowmobiles
described in paragraph (g)(9)(i) upwards or downwards, not to exceed a
limit of 40 snowmobiles per day, based on the results of sound
monitoring data, and after taking into consideration the location of
wintering wildlife, appropriate snow cover, public safety and other
factors. The Superintendent will provide notice of such changes by one
or more of the methods listed in Sec. 1.7(a) of this chapter.
(10) When may I operate my snowmobile? The Superintendent will
determine operating hours and dates. Except for emergency situations,
any changes to operating hours or dates will be made on an annual
basis, and the public will be notified of those changes through one or
more of the methods listed in Sec. 1.7(a) of this chapter.
(11) What other conditions apply to the operation of oversnow
vehicles? (i) The following are prohibited:
[[Page 65803]]
(A) Idling an oversnow vehicle more than 5 minutes at any one time.
(B) Driving an oversnow vehicle while the operator's motor vehicle
license or privilege is suspended or revoked.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
(D) Driving an oversnow vehicle in willful or wanton disregard for
the safety of persons, property, or park resources or otherwise in a
reckless manner.
(E) Operating an oversnow vehicle without a lighted white headlamp
and red taillight.
(F) Operating an oversnow vehicle that does not have brakes in good
working order.
(G) The towing of persons on skis, sleds or other sliding devices
by oversnow vehicles.
(ii) The following are required:
(A) All oversnow vehicles that stop on designated routes must pull
over to the far right and next to the snow berm. Pullouts must be used
where available and accessible. Oversnow vehicles may not be stopped in
a hazardous location or where the view might be obscured, or operated
so slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle drivers must possess a valid motor vehicle
driver's license. A learner's permit does not satisfy this requirement.
The license must be carried by the driver at all times.
(C) Equipment sleds towed by a snowmobile must be pulled behind the
snowmobile and fastened to the snowmobile with a rigid hitching
mechanism.
(D) Snowmobiles must be properly registered and display a valid
registration from the United States or Canada.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The
Superintendent will notify the public of any changes through one or
more methods listed in Sec. 1.7(a) of this chapter.
(iv) This paragraph (g)(11) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(12) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions
apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is under 21 years of age and the
alcohol concentration in the driver's blood or breath is 0.02 grams or
more of alcohol per 100 milliliters or blood or 0.02 grams or more of
alcohol per 210 liters of breath.
(ii) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the driver is a snowmobile guide or a
snowcoach operator and the alcohol concentration in the driver's blood
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood
or 0.04 grams or more of alcohol per 210 liters of breath.
(iii) This paragraph (g)(12) also applies to non-administrative
over-snow vehicle use by NPS, contractor, or concessioner employees, or
other non-recreational users authorized by the Superintendent.
(13) Do other NPS regulations apply to the use of oversnow
vehicles? The use of oversnow vehicles in Grand Teton is subject to
Sec. Sec. 2.18(a), (b), and (c), but not subject to Sec. 2.18(d) and
(e) and Sec. 2.19(b) of this chapter.
(14) Are there any forms of non-motorized oversnow transportation
allowed in the park?
(i) Non-motorized travel consisting of skiing, skating,
snowshoeing, or walking is permitted unless otherwise restricted under
this section or other NPS regulations.
(ii) The Superintendent may designate areas of the park as closed,
reopen such areas, or establish terms and conditions for non-motorized
travel within the park in order to protect visitors, employees, or park
resources.
(iii) Dog sledding and ski-joring are prohibited.
(15) May I operate a snowplane in the park? The operation of a
snowplane in Grand Teton National Park is prohibited.
(16) May I continue to access public lands via snowmobile through
the park? Reasonable and direct access, via snowmobile, to adjacent
public lands will continue to be permitted on the designated routes
through the park identified in paragraphs (g)(i)-(iv) of this section.
Requirements established in this section related to air and sound
emissions, daily entry limits, snowmobile operator age, guiding, and
licensing do not apply on these oversnow routes. Only the following
routes are designated for access via snowmobile to public lands:
(i) From the parking area at Shadow Mountain directly along the
unplowed portion of the road to the east park boundary.
(ii) Along the unplowed portion of the Ditch Creek Road directly to
the east park boundary.
(iii) The Continental Divide Snowmobile Trail (CDST) along U.S. 26/
287 from the east park boundary to a point approximately 2 miles east
of Moran Junction. If necessary for the proper administration of
visitor use and resource protection, the Superintendent may extend this
designated route to the Moran Entrance Station.
(iv) The Superintendent may designate additional routes if
necessary to provide access to other adjacent public lands.
(17) For what purpose may I use the routes designated in paragraph
(g)(16) of this section? You may only use those routes designated in
paragraph (g)(16) of this section to gain direct access to public lands
adjacent to the park boundary.
(18) May I continue to access private property within or adjacent
to the park via snowmobile? The Superintendent may establish reasonable
and direct snowmobile access routes to the inholding or to private
property adjacent to park boundaries for which other routes or means of
access are not reasonably available. Requirements established in this
section related to air and sound emissions, snowmobile operator age,
licensing, and guiding do not apply on these oversnow routes. The
following routes are designated for access to private properties within
or adjacent to the park:
(i) The unplowed portion of Antelope Flats Road off U.S. 26/89/191
to private lands in the Craighead Subdivision.
(ii) The unplowed portion of the Teton Park Road to the piece of
land commonly referred to as the ``Clark Property.''
(iii) From the Moose-Wilson Road to the land commonly referred to
as the ``Barker Property.''
(iv) From the Moose-Wilson Road to the property commonly referred
to as the ``Halpin Property.''
(v) From Highway 26/89/191 to those lands commonly referred to as
the ``Meadows,'' the ``Circle EW Ranch,'' the ``Moulton Property,'' the
``Levinson Property,'' and the ``West Property.''
(vi) From Cunningham Cabin pullout on U.S. 26/89/191 near Triangle
X to the piece of land commonly referred to as the ``Lost Creek
Ranch.''
(vii) The Superintendent may designate additional routes if
necessary to provide reasonable access to inholdings or adjacent
private property.
(viii) Maps detailing designated routes will be available from Park
Headquarters.
(19) For what purpose may I use the routes designated in paragraph
(g)(18) of this section? The routes designated in paragraph (g)(18) of
this section are only to access private property within or directly
adjacent to the park boundary.
[[Page 65804]]
Use of these roads via snowmobile is authorized only for the landowners
and their representatives or guests. Use of these roads by anyone else
or for any other purpose is prohibited.
(20) Is violating any of the provisions of this section prohibited?
Violating any of the terms, conditions or requirements of paragraphs
(g)(1) through (g)(19) of this section is prohibited. Each occurrence
of non-compliance with these regulations is a separate violation.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-26447 Filed 11-4-08; 8:45 am]
BILLING CODE 4310-CT-P