[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Rules and Regulations]
[Pages 74606-74612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29110]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD74
Special Regulations; Areas of the National Park System
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule will manage winter visitation and recreational use
in Yellowstone and Grand Teton National Parks and the John D.
Rockefeller, Jr. Memorial Parkway. Publication of this final rule in
the Federal Register complies with the November 7, 2008 order of the
U.S. District Court for the District of Wyoming in Wyoming v. United
States Department of the Interior, Case Nos. 07-CV-0319-B, 08-CV-00004-
B, which reinstated the 2004 final rule on winter use in the parks,
without its sunset provisions.
DATES: This regulation is effective December 9, 2008.
FOR FURTHER INFORMATION CONTACT: John Sacklin, Management Assistant's
Office, Yellowstone National Park, 307-344-2019.
SUPPLEMENTARY INFORMATION: This rule was originally published in 2004
to provide a framework for managing winter use in the parks while the
National Park Service (NPS) prepared a long-term winter use plan and
EIS for the parks. Because NPS intended to supersede the 2004 rule with
a long-term rule after 3 years, the actual authorizations of snowmobile
and snowcoach use and the designation of routes for those uses
contained provisions ending those authorizations and designations after
the winter of 2006-2007 (``sunset provisions''). In 2007, NPS completed
the long-term process, publishing a final rule implementing the
decision in the Federal Register on December 13, 2007.
The 2007 rule was challenged by several environmental groups in a
lawsuit in the U.S. District Court for the District of Columbia,
Greater Yellowstone Coalition v. Kempthorne, Civ. Nos. 07-2111 and 07-
2112 (EGS), and by the State of Wyoming and others in the above-cited
lawsuit in the U.S. District Court for the District of Wyoming. On
September 15, 2008, the D.C. District Court issued a decision vacating
and remanding the 2007 final rule.
On November 3, 2008, NPS released a Winter Use Plans Environmental
Assessment (EA), and on November 5, 2008, NPS published a proposed rule
that would have managed winter use in the parks for three winter
seasons. Public comments were accepted on the EA until November 17 and
on the proposed rule until November 20.
Subsequent to the publication of that proposed rule, on November 7,
2008, the Wyoming District Court issued an order finding that ``equity
requires reinstatement of the 2004 temporary rule to provide some
semblance of order in this disordered and confusing state of affairs.''
Accordingly, the Court ``[found] it appropriate to reinstate the 2004
temporary rule without the sunset provision'' and that ``[t]his will
provide businesses and tourists with the certainty that is needed in
this confusing litigation.'' On November 19, 2008, the Wyoming District
Court entered judgment stating it had ``entered a final order
implementing a temporary rule.'' The Court thus ``ordered, adjudged and
decreed that * * * the National Park Service shall reinstate the 2004
temporary rule until such time as it can promulgate an acceptable rule
to take its place.'' This publication in the Federal Register complies
with the court order and provides notice to the public of the rule now
in effect. Pursuant to the court order, this rule will be in effect for
this winter season, and will remain in effect until NPS promulgates
``an acceptable rule to take its place.''
The 2004 rule was originally published at 69 FR 65348 (Nov. 10,
2004) and more information and explanation of its provisions are
available there.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
0
36 CFR Part 7 is amended as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation 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).
0
2. Amend Sec. 7.13 to revise 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 (1)(17) of this section are
intended to apply to the use of recreational and commercial
snowmobiles. Except where indicated, paragraphs (l)(2) through (1)(17)
do not apply to non-administrative snowmobile or snowcoach use by NPS,
contractor or concessioner employees who live or work in the interior
of Yellowstone, or other non-recreational users authorized by the
Superintendent.
(2) What terms do I need to know? This paragraph also applies to
non-administrative snowmobile use by the NPS, contractor or
concessioner employees, or other non-recreational users authorized by
the Superintendent.
Commercial guide means a guide who operates as a snowmobile guide
for a fee or compensation and is authorized to operate in the park
under a concession contract. In this regulation, ``guide'' also means
``commercial guide.''
Historic snowcoach means a Bombardier snowcoach manufactured in
1983 or earlier. Any other snowcoach is considered a non-historic
snowcoach.
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.
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 or a snowplane
must comply with all requirements applicable to snowmobiles.
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
[[Page 74607]]
tracks, and having a capacity of at least 8 passengers.
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 pursuant to this
section. The Superintendent may establish additional operating
conditions and shall 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 Yellowstone National Park? (i)
Commercial snowcoaches may be operated in Yellowstone National Park
under a concessions contract. Non-commercial snowcoaches may be
operated if authorized by the Superintendent. Snowcoach operation is
subject to the conditions stated in the concessions contract and all
other conditions identified in this section.
(ii) Beginning with the winter of 2005-2006, all non-historic
snowcoaches must meet NPS air emissions requirements. These
requirements are the applicable EPA emission standards for the vehicle
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. Malfunctioning critical emissions-related components must be
replaced with the original equipment manufacturer (OEM) component,
where possible. Where OEM parts are not available, aftermarket parts
may be used.
(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) Historic snowcoaches are not required to meet air emissions
restrictions.
(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 year 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 year 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 prior to the 2004 model year may be
operated only if they have been shown 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) shall 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
73dB(A) 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.
(iii) The Superintendent may prohibit entry into the park any
snowmobile that has been modified in a manner that may adversely affect
air or sound emissions.
(7) Where must I operate my snowmobile in Yellowstone National
Park? (i) You must 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:
(A) The Grand Loop Road from its junction with Terrace Springs
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 the East Entrance to its junction
with the Grand Loop Road.
(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, Lake, Fishing Bridge, Canyon, Indian Creek, and Norris.
(M) Firehole Canyon Drive between noon and 9 p.m. each day.
(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. Notice of such opening or closing shall be provided
by one or more of the methods listed in Sec. 1.7(a) of this chapter.
(iii) This paragraph also applies to non-administrative snowmobile
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 paragraphs (l)(7)(i)(A) through (l)(7)(i)(M) of this
section and the following additional oversnow routes:
(A) Firehole Canyon Drive.
(B) Fountain Flat Road.
(C) Virginia Cascades Drive.
(D) North Canyon Rim Drive.
(E) Riverside Drive.
(F) That portion of the Grand Loop Road from Canyon Junction to
Washburn Hot Springs overlook.
(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 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 snowmobile operators must be accompanied by a commercial
guide.
(ii) Snowmobile parties must travel in a group of no more than 11
[[Page 74608]]
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.
(10) Are there limits established for the numbers of snowmobiles
permitted to operate in the park each day? The numbers of snowmobiles
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--Daily Snowmobile Limits
------------------------------------------------------------------------
Total number
of
commercially
Park entrance/location guided
snowmobile
allocations
------------------------------------------------------------------------
(i) YNP--North Entrance *............................... 30
(ii) YNP--West Entrance................................. 400
(iii) YNP--South Entrance............................... 220
(iv) YNP--East Entrance................................. 40
(v) YNP--Old Faithful *................................. 30
------------------------------------------------------------------------
* These limits may be reallocated between these two areas as necessary,
so long as the total daily number of snowmobiles for the two areas
does not exceed 60.
(11) When may I operate my snowmobile or snowcoach? The
Superintendent will determine operating hours and dates. Expect for
emergency situations, changes to operating hours may be made annually
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 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
utilized where available and accessible. Oversnow vehicles may not be
stopped in a hazardous location or where the view might be obscured, or
operating 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 public
will be notified of any changes through one or more methods listed in
Sec. 1.7(a) of this chapter.
(iv) This paragraph also applies to non-administrative snowmobile
use by NPS, contractor or concessioner employee, or other non-
recreational users as authorized by the Superintendent.
(13) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to the regulations contained in 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 also applies to non-administrative snowmobile
use by NPS, contractor or concessioner employees, or other non-
recreational users as 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 not
subject to Sec. Sec. 2.18 (b), (d), (e), and 2.19(b) of this chapter.
(ii) This paragraph also applies to non-administrative snowmobile
use by NPS, contractor or concessioner employees, or other non-
recreational users as 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 pursuant to this section or other provisions of 36 CFR Part
1.
(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.
(16) May I operate a snowplane in Yellowstone? 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 occurrence
of non-compliance with these regulations is a separate violation.
* * * * *
0
3. Amend Sec. 7.21 to revise paragraph (a) to read as follows:
Sec. 7.21 John D. Rockefeller, Jr., Memorial Parkway.
(a)(1) What is the scope of this regulation? The regulations
contained in paragraphs (a)(2) through (a)(17) of this section are
intended to apply to the use of recreational and commercial
snowmobiles. Except where indicated, paragraphs (a)(2) through (a)(17)
do not apply to non-administrative snowmobile or snowcoach use by NPS,
contractor or concessioner employees who live or work in the interior
of Yellowstone, 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 also applies to non-
administrative snowmobile 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
[[Page 74609]]
dates, equipment, and operating conditions established pursuant to this
section. The Superintendent may establish additional operating
conditions and shall 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) Commercial
snowcoaches may be operated in the Parkway under a concessions
contract. Non-commercial snowcoaches may be operated if authorized by
the Superintendent. Snowcoach operation is subject to the conditions
stated in the concessions contract and all other conditions identified
in this section.
(ii) Beginning with the winter of 2005-2006, all non-historic
snowcoaches must meet NPS air emissions requirements. These
requirements are the applicable EPA emission standards for the vehicle
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. Malfunctioning critical emission-related components must be
replaced with the original equipment manufacturer (OEM) component,
where possible. Where OEM parts are not available, after-market parts
may be used.
(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.
(vi) Historic snowcoaches are not required to meet air emissions
restrictions.
(5) Must I operate a certain model of snowmobile? Only commercially
available snowmobiles that meet NPS air and sound requirements as set
forth in this section may be operated in the Parkway. The
Superintendent will approve snowmobile makes, models and year of
manufacture that meet those restrictions. 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 year 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 prior to the 2004 model year may be
operated only if they have 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) shall 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
73dB(A) 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.
(iii) These air and sound emissions restrictions shall not apply to
snowmobiles originating in the Targhee National Forest and traveling on
the Grassy Lake Road to Flagg Ranch. However these snowmobiles may not
travel further into the Parkway than Flagg Ranch unless they meet the
air and sound emissions and all other requirements of this section.
(iv) 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 must I operate my snowmobile in the Parkway? (i) You must
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) The Continental Divide Snowmobile Trail (CDST) along U.S.
Highway 89/287 from the southern boundary of the Parkway north to the
Snake River Bridge.
(B) Along U.S. Highway 89/287 from the Snake River Bridge to the
northern boundary of the Parkway.
(C) Grassy Lake Road from Flagg Ranch to the western boundary of
the Parkway.
(D) Flagg Ranch developed area.
(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. Notice of such opening or closing shall be provided
by one or more of the methods listed in Sec. 1.7(a) of this chapter.
(iii) This paragraph also applies to non-administrative snowmobile
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 route designated for snowmobile
use in paragraph (a)(7)(i)(B) of this section. No other routes are open
to snowcoach use.
(ii) The Superintendent may open or close this oversnow route, 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 or more of the methods
listed in Sec. 1.7(a) of this chapter.
(iii) This paragraph 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? All recreational
snowmobile operators using the oversnow route along U.S. Highway 89/287
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.
(i) Guided snowmobile parties must travel in a group of no more
than 11 snowmobiles, including that of the guide.
(ii) 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
permitted to operate in the Parkway each day? (i) The numbers of
snowmobiles 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:
[[Page 74610]]
Table 1 to Sec. 7.21--Daily Snowmobile Entry Limits
------------------------------------------------------------------------
Total number
of snowmobile
Park entrance/road segment entrance
passes
------------------------------------------------------------------------
(ii) GTNP and the Parkway--Total Use on CDST *.......... 50
(iii) Grassy Lake Road (Flagg-Ashton Road).............. 50
(iv) Flagg Ranch to Yellowstone South Entrance.......... 220
------------------------------------------------------------------------
* The Continental Divide Snowmobile Trail lies within both GTNP and the
Parkway. The 50 daily snowmobile use limit applies to total use on
this trail in both parks.
(11) When may I operate my snowmobile or snowcoach? The
Superintendent will determine operating hours and dates. Except for
emergency situations, changes to operating hours may be made annually
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) 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
utilized where available and accessible. Oversnow vehicles may not be
stopped in a hazardous location or where the view might be obscured, or
operating so slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle drivers must possess a valid motor vehicle
operator's license. The license must be carried by the driver at all
times. A learner's permit does not satisfy this requirement.
(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 parkway 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 also applies to non-administrative snowmobile
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 the regulations in 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 also applies to non-administrative snowmobile
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 is not subject to Sec. Sec.
2.18(d), (e), and 2.19(b) of this chapter.
(ii) This paragraph also applies to non-administrative snowmobile
use by NPS, contractor or concessioner employees, or other non-
recreational users as 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 pursuant to this section or other provisions of 36 CFR Part
1.
(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 visitors,
employees, or park resources.
(iii) Dog sledding and ski-joring are prohibited.
(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.
* * * * *
0
4. Amend Sec. 7.22 to revise paragraph (g) to read as follows:
Sec. 7.22 Grand Teton National Park.
* * * * *
(g)(1) What is the scope of this regulation? The regulations
contained in paragraphs (g)(2) through (g)(20) of this section are
intended to apply to the use of recreational and commercial
snowmobiles. Except where indicated, paragraphs (g)(2) through (g)(20)
do not apply to non-administrative snowmobile or snowcoach use by NPS,
contractor or concessioner employees who live or work in the interior
of Yellowstone, 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)(1)
of this part apply to this section. This paragraph also applies to non-
administrative snowmobile use by NPS, contractor or concessioner
employees, or other non-recreational users authorized by the
Superintendent.
(3) May I operate a snowmobile in the Grand Teton National Park?
(i) You may operate a snowmobile in Grand Teton National Park in
compliance with use limits, operating hours and dates, equipment, and
operating conditions established pursuant to 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? Only
commercially available snowmobiles that meet NPS air and sound
emissions requirements as set forth in this section
[[Page 74611]]
may be operated in the park. The Superintendent will approve snowmobile
makes, models, and year 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 year of manufacture for use in Grand Teton? (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 prior to 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) shall 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
73dB(A) 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.
(iii) These air and sound emissions requirements shall not apply to
snowmobiles while in use to access lands authorized by paragraphs
(g)(16) and (g)(18) of this section.
(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.
(7) Where must I operate my snowmobile in the park? (i) You must
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:
(A) The frozen water surface of Jackson Lake for the purposes of
ice fishing only. Those persons accessing Jackson Lake for ice fishing
must possess a valid Wyoming fishing license and the proper fishing
gear. Snowmobiles may only be used to travel to and from fishing
locations on the lake.
(B) The Continental Divide Snowmobile Trail along U.S. 26/287 from
Moran Junction to the eastern park boundary and along U.S. 89/287 from
Moran Junction to the north park boundary.
(ii) The Superintendent may open or close these routes, or portions
thereof, for snowmobile travel, and may establish separate zones for
motorized and non-motorized use on Jackson Lake, 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 or more of the methods listed in Sec.
1.7(a) of this chapter.
(iii) This paragraph also applies to non-administrative snowmobile
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 numbers of snowmobiles
permitted to operate in the park each day? The numbers of snowmobiles
allowed to operate in the park each day are limited to a certain number
per road segment or location. The snowmobile limits are listed in the
following table:
Table 1 to Sec. 7.22--Daily Snowmobile Limits
------------------------------------------------------------------------
Total number
Road segment/location of
snowmobiles
------------------------------------------------------------------------
(i) GTNP and the Parkway--Total Use on CDST *........... 50
(ii) Jackson Lake....................................... 40
------------------------------------------------------------------------
* The Continental Divide Snowmobile Trail lies within both GTNP and the
Parkway. The 50 daily snowmobile use limit applies to total use on
this route in both parks; however, the limit does not apply to the
portion described in paragraph (16)(ii) of this section.
(10) When may I operate my snowmobile? The Superintendent will
determine operating hours and dates. Except for emergency situations,
changes to operating hours or dates may be made annually 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:
(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
utilized where available and accessible. Oversnow vehicles may not be
stopped in a hazardous location or where the view might be obscured, or
operating so slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle drivers must possess a valid motor vehicle
operator's license. The license must be carried by the driver at all
times. A learner's permit does not satisfy this requirement.
(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 public
will be notified of any changes through one or more methods listed in
Sec. 1.7(a) of this chapter.
(iv) This paragraph also applies to non-administrative snowmobile
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 the regulations in 36 CFR 4.23, the
following conditions apply:
(i) Operating or being in actual physical control of an oversnow
vehicle
[[Page 74612]]
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 snow
coach 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 also applies to non-administrative snowmobile
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 not subject to
Sec. Sec. 2.18(d) and (e) and 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 pursuant to this section or other provisions of 36 CFR Part
1.
(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 designated routes through
the park. Requirements established in this section related to air and
sound emissions, snowmobile operator age, guiding, and licensing do not
apply on these oversnow routes. The following routes only 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, from the east park
boundary to Moran Junction.
(17) For what purpose may I use the routes designated in paragraph
(g)(16) of this section? You may use those routes designated in
paragraph (g)(16) of this section only 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? Until such time as the United States takes
full possession of an inholding in the park, the Superintendent may
establish reasonable and direct access routes via snowmobile, to such
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 properties within or adjacent to the park:
(i) The unplowed portion of Antelope Flats Road off U.S. 26/89 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 land commonly referred to as
the ``Wittimer Property''.
(v) From the Moose-Wilson Road to those two pieces of land commonly
referred to as the ``Halpin Properties''.
(vi) From the south end of the plowed sections of the Moose-Wilson
Road to that piece of land commonly referred to as the ``JY Ranch''.
(vii) From Highway 26/89/187 to those lands commonly referred to as
the ``Meadows'', the ``Circle EW Ranch'', the ``Moulton Property'', the
``Levinson Property'' and the ``West Property''.
(viii) From Cunningham Cabin pullout on U.S. 26/89 near Triangle X
to the piece of land commonly referred to as the ``Lost Creek Ranch''.
(ix) 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? Those routes designated in paragraph (g)(18)
of this section are only to access private property within or directly
adjacent to the park boundary. 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.
Dated: December 4, 2008.
Lyle Laverty,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. E8-29110 Filed 12-8-08; 8:45 am]
BILLING CODE 4310-70-P