[Code of Federal Regulations] [Title 36, Volume 1] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR7.21] [Page 86-90] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 7_SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM--Table of Contents Sec. 7.21 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? (i) You may operate a snowmobile in the Parkway in compliance with use limits, guiding requirements, operating hours and dates, equipment, [[Page 87]] 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. (ii) The authority to operate a snowmobile in the Parkway established in paragraph (a)(3)(i) is in effect only through the winter season 2006-2007. (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. (vii) The authority to operate a snowcoach in the Parkway established in paragraph (a)(4)(i) is in effect only through the winter season of 2006-2007. (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 using test procedures similar 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. [[Page 88]] (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 through the winter season of 2006-2007: (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 through the winter season of 2006-2007 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: Table 1 to Sec. 7.21--Daily Snowmobile Entry Limits ------------------------------------------------------------------------ Total number of Park entrance/road segment snowmobile 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. [[Page 89]] (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 snowmobiles 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. [[Page 90]] (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. (b) [Reserved] [48 FR 19169, Apr. 28, 1983, as amended at 48 FR 30294, June 30, 1983; 66 FR 7266, Jan. 22, 2001; 67 FR 69477, Nov. 18, 2002; 68 FR 69285, Dec. 11, 2003; 69 FR 65362, Nov. 10, 2004]