[Federal Register Volume 67, Number 61 (Friday, March 29, 2002)]
[Proposed Rules]
[Pages 15145-15149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7707]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD06


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service (NPS) is proposing to postpone the 
implementation of existing snowmobile regulations in Yellowstone 
National Park, the John D. Rockefeller, Jr., Memorial Parkway, and 
Grand Teton National Park for one year. This proposal is in conjunction 
with the Supplemental Environmental Impact Statement (SEIS) being 
prepared for all three NPS areas. This additional time is needed 
because the NPS has not had sufficient time to plan for and implement 
the NPS-managed, mass-transit, snowcoach-only system outlined in the 
existing Winter Use Plan and to complete the Supplemental Environmental 
Impact Statement.

DATES: Written comments will be accepted through May 28, 2002.

ADDRESSES: Comments may be sent to Robert J. Maguire, Winter Use 
Regulations, National Park Service, P.O. Box 124, Moose, WY 83012. Fax: 
(307) 739-3504. Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Kym Hall, Regulations Program Manager, 
National Park Service, 1849 C Street, NW, Room 7413, Washington, DC 
20240. Phone: (202) 208-4206. Fax: (202) 208-6756. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 1990 a Winter Use Plan was completed for Yellowstone National 
Park (YNP), Grand Teton National Park (GTNP), and the John D. 
Rockefeller, Jr., Memorial Parkway (the Parkway). In 1994 the National 
Park Service (NPS) and U.S. Forest Service (USFS) staff began work on a 
coordinated interagency report on Winter Visitor Use Management. This 
effort was in response to an earlier than expected increase in winter 
use. The 1990 Winter Use Plan projected 143,000 visitors for the year 
2000. Winter visitors to YNP and GTNP in 1992-93 exceeded this 
estimate. Total visitors to YNP and GTNP in that year were, 
respectively, 142,744 and 128,159.
    In 1994 the Greater Yellowstone Coordinating Committee (GYCC), 
composed of National Park Service Superintendents and National Forest 
Supervisors within the Greater Yellowstone Area (GYA), recognized the 
trend toward increasing winter use and identified concerns relating 
that use. The GYCC chartered an interagency study team to collect 
information relative to these concerns and perform an analysis of 
winter use in the GYA. This analysis, Winter Visitor Use Management: a 
Multi-agency Assessment, was drafted in 1997 and approved by the GYCC 
for final publication in 1999. The assessment identifies desired 
conditions for the GYA, current areas of conflict, issues and concerns, 
and possible ways to address them. The final document considered and 
incorporated many comments from the general public, interest groups, 
and local and state governments surrounding public lands in the GYA.

[[Page 15146]]

    In May 1997, the Fund for Animals filed a suit against the National 
Park Service (NPS). The suit alleged that the NPS had failed to conduct 
adequate analysis under the National Environmental Policy Act (NEPA) 
when developing its winter use plan for the areas, failed to consult 
with the U.S. Fish and Wildlife Service on the effects of winter use on 
threatened and endangered species, and failed to evaluate the effects 
of trail grooming on wildlife and other park resources. In October 
1997, the Department of Interior (DOI) and the plaintiffs reached a 
settlement agreement. Under the agreement, the NPS agreed, in part, to 
prepare an environmental impact statement (EIS) for new winter use 
plans for the parks and the parkway. This settlement provision was 
satisfied with publication and distribution of the final environmental 
impact statement (FEIS) on October 10, 2000. A record of decision (ROD) 
was signed by Intermountain Regional Director Karen Wade on November 
22, 2000, and subsequently distributed to interested and affected 
parties. The ROD selected FEIS Alternative G, which eliminates both 
snowmobile and snowplane use from the parks by the winter of 2003-2004, 
and provides access via an NPS-managed, mass-transit snowcoach system. 
The decision was based on a finding that existing snowmobile and 
snowplane use impairs park resources and values, thus violating the 
statutory mandate of the NPS.
    Implementing aspects of this decision relating to designation of 
routes available for over-snow motorized access required a rule change 
for each park unit in question. Following publication of a proposed 
rule and the subsequent public comment period, a final rule was 
published in the Federal Register on January 22, 2001. The rule became 
effective on April 22, 2001. Full implementation of the plan and the 
rule changes do not occur until the winter of 2003-2004.
    The Secretary of the Interior and others in the Department of the 
Interior and the National Park Service were named as defendants in a 
lawsuit brought by the International Snowmobile Manufacturers 
Association and several groups and individuals. The State of Wyoming 
intervened on behalf of the plaintiffs. The lawsuit asked for the 
decision, as reflected in the ROD and final rule, to be set aside. The 
lawsuit alleged that NPS failed to give legally mandated consideration 
to all of the alternatives, made political decisions outside the public 
process and contradictory to evidence and data, failed to give the 
public appropriate notice and participation, failed to adequately 
consider and use the proposals and expertise of the Cooperating 
Agencies, failed to properly interpret and implement the Parks' 
purpose, discriminated against disabled visitors, and improperly 
adopted implementing regulations. A settlement was reached on June 29, 
2001 and, through its terms, NPS is acting as lead agency to prepare a 
Supplemental Environmental Impact Statement (SEIS). In accordance with 
the settlement, the SEIS will incorporate ``any significant new or 
additional information or data submitted with respect to a winter use 
plan.'' Additionally, the NPS will consider new information and data 
submitted regarding new snowmobile technologies. A Notice of Intent to 
prepare a Supplemental Environmental Impact Statement was published in 
the Federal Register on July 27, 2001 (66 FR 39197).
    As a term of the settlement, the State of Wyoming was designated as 
a ``cooperating agency'' for the development of the Supplemental EIS. 
Subsequent to the settlement, all other agencies that signed 
cooperating agency agreements during the earlier EIS process agreed to 
be cooperating agencies for the SEIS. These agencies are: the U.S. 
Forest Service, the States of Montana and Idaho, Fremont County Idaho, 
Gallatin and Park Counties in Montana, and Park and Teton Counties in 
Wyoming. In addition, the Environmental Protection Agency (EPA) was 
invited to be a new cooperating agency in this effort.
    The NPS determined that the preparation of a Supplemental EIS will 
further the purposes of the National Environmental Policy Act, which 
includes soliciting more public comments on the earlier decision and 
alternatives and considering new information not available at the time 
of the earlier decision. The purpose of this rule is to postpone the 
implementation of existing snowmobile regulations in Yellowstone 
National Park, the John D. Rockefeller, Jr., Memorial Parkway, and 
Grand Teton National Park for one year because the NPS has not had 
sufficient time to plan for and implement the NPS-managed, mass-
transit, snowcoach-only system outlined in the existing Winter Use Plan 
and to complete the Supplemental EIS.
    The following proposed rule changes are common to all three parks. 
The use of snowmobiles will be extended until the end of the 2003-2004 
winter use season. The implementation of public use limits set to go 
into effect in the 2002-2003 winter use season will be delayed until 
the winter use season 2003-2004. The designated routes and hours of 
operation for snowmobiles during the winter use season of 2002-2003 
will also be used for the 2003-2004 winter use season.
    In Yellowstone National Park the requirement that snowmobiles be 
accompanied by an NPS permitted guide will be implemented during the 
2003-2004 winter use season. The use of snowmobiles on the frozen 
surface of Jackson Lake in Grand Teton National Park will be permitted 
until the end of the 2002-2003 winter use season.
    Additional regulations concerning licensing, hours of operation and 
snowplane use were effective for the winter use season 2001-2002. The 
existing regulations prohibit the use of snowplanes in Grand Teton 
National Park after the winter season of 2001-2002. Those provisions 
are not addressed in, nor affected by, the supplemental EIS process and 
therefore it is appropriate they take affect as they appear in the 
existing regulations. No public comment is being solicited on these 
provisions.

Compliance With Other Laws

Regulatory Planning and Review (E.O. 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.
    This rule would delay any adverse economic impact from the existing 
rule for one year, there may be economic benefits resulting from the 
proposed extension. In the Draft Supplemental Environmental Impact 
Statement (DSEIS), the NPS estimated that in 2003-2004, the economic 
outputs and employment impacts of implementing actions under this rule 
are: in the five-county, greater Yellowstone area, an estimated loss of 
15.9 to 21.1 million dollars; in the three-state area surrounding the 
parks, a variance of a possible 18.4 million dollar loss to a 7.0 
million dollar increase. Increased winter visitation from new visitors 
to the park under existing regulations could substantially offset 
estimated losses and employment reductions from current visitors.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. 
Implementing actions

[[Page 15147]]

under this rule will not interfere with other agencies or local 
government plans, policies, or controls. 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.
    This rule will only postpone the prohibition on snowmobiles for one 
year within specific national parks. No grants or other forms of 
monetary supplements are involved.
    (4) This rule may raise novel legal or policy issues.
    The issue of prohibiting snowmobiles or allowing their continued 
use has generated local as well as national interest on the subject in 
the greater Yellowstone area. Previously, tens of thousands of public 
comments were received and analyzed in the development of the FEIS, 
Winter Use Management Plan, and existing regulations.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    After considering the economic impacts of the delay rule on small 
entities, NPS concludes the delay rule will mitigate the impacts on 
small businesses during the winters of 2002-2003 and 2003-2004. The NPS 
projects higher total levels of revenue for firms providing unguided 
and guided snowmobile rentals and snowcoach tours in those winters.

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.
    This rule would delay any adverse economic impact from the existing 
rule for one year, there may be economic benefits resulting from the 
proposed extension. In the Draft Supplemental Environmental Impact 
Statement (DSEIS), the NPS estimated that in 2003-2004, the economic 
outputs and employment impacts of implementing actions under this rule 
are: in the five-county, greater Yellowstone area, an estimated loss of 
15.9 to 21.1 million dollars; in the three-state area surrounding the 
parks, a variance of a possible 18.4 million dollar loss to a 7.0 
million dollar increase. Increased winter visitation from new visitors 
to the park under existing regulations could substantially offset 
estimated losses and employment reductions from current visitors.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    Delaying the implementation of current snowmobile regulations for 
one year will have little effect on costs or prices for consumers, 
individual industries or any government agency.
    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 influences only the Wyoming region, 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.
    This rule postpones the implementation of existing snowmobile 
regulations for one year. It imposes no other requirements on other 
agencies, governments, or the private sector.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications.
    This rule proposes to delay the implementation of existing 
snowmobile regulation for one year. Private property within the 
boundaries of those parks will still be afforded access during the 
winter use season. No other property is affected.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    This proposed rule effects use by the public of NPS administered 
lands. It has no outside effects on other areas and only address a 
portion of the use within parks.

Civil Justice Reform (E.O. 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

    In 2000, NPS completed a Final Environmental Impact Statement and 
issued a Record of Decision. That Record of Decision was the basis for 
the existing rule. A Draft Supplemental Environmental Impact Statement 
(DSEIS) has been prepared to reconsider the Record of Decision. A copy 
of the FEIS or DSEIS is available by contacting the Superintendent of 
Yellowstone or Grand Teton National Parks or on the World Wide Web at 
www.nps.gov/grte/winteruse/intro.htm.

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:
    We have evaluated potential effects on federally recognized Indian 
tribes and have determined that there are no potential effects.
    Numerous tribes surrounding the greater Yellowstone area were 
consulted in the development of the Winter Use Plan and FEIS. The main 
concerns expressed by the tribes were the affects on wildlife by 
snowmobiles. This rule has no effect on tribal lands or trusts.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec. '' and a numbered heading; for example 
Sec. 7.22 Grand Teton National Park.) (5) Is the description of the 
rule in the ``Supplementary Information'' section of the preamble 
helpful in understanding the proposed rule? What else could we do to 
make the rule easier to understand?

[[Page 15148]]

    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240. 
You may also email the comments to this address: [email protected].
    Drafting Information: The principal contributors to this proposed 
rule are Robert J. Maguire, North District Ranger, Grand Teton National 
Park; Kym A. Hall, NPS Regulations Program Manager; Debra Hecox, 
Attorney-Advisor, Solicitor's Office; Bob Rossman, Outdoor Recreation 
Planner, Grand Teton National Park; Sarah Creachbaum, Outdoor 
Recreation Planner, Grand Teton National Park; and John Sacklin, 
Supervisory Planner, Yellowstone National Park.
    Public Participation: If you wish to comment, you may submit your 
comments by any one of several methods. You may mail your comments to 
Robert J. Maguire, Winter Use Regulations, National Park Service, P.O. 
Box 124, Moose, WY 83012. You may also comment via the Internet to 
[email protected]. Please submit Internet comments as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Finally, you may hand deliver comments to Robert J. Maguire, Grand 
Teton National Park, North District Office, Colter Bay, Wyoming. Our 
practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials or organizations or 
businesses, available for public inspection in their entirety.

List of Subjects in 36 CFR Part 7

    District of Columbia, National Parks, Reporting and recordkeeping 
requirements.

    We propose 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. In Sec. 7.13, remove and reserve paragraph (l)(2), revise the 
introductory text of paragraph (l)(5), revise the introductory text of 
paragraph (l)(7), revise paragraph (l)(11)(i), and revise paragraph 
(l)(11)(viii) to read as follows:


Sec. 7.13  Yellowstone National Park.

* * * * *
    (l)(2) [Removed and Reserved]
* * * * *
    (l)(5) What routes are designated for snowmobile use in the park 
during the winter seasons of 2002-2003 and 2003-2004? During the winter 
use seasons of 2002-2003 and 2003-2004, the following routes are 
designated for snowmobile use:
* * * * *
    (l)(7) What limits are established for the number of snowmobiles 
permitted to use the park each day? For the winter use season 2003-
2004, the numbers of snowmobiles allowed to use the park each day are 
listed in the following table:
* * * * *
    (l)(11)(i) Snowcoaches, and during the winter use seasons of 2002-
2003 and 2003-2004 snowmobiles, may not be operated in the park between 
the hours of 9:00 p.m. and 8:00 a.m. except by authorization.
* * * * *
    (l)(11)(viii) During the winter season of 2003-2004, snowmobiles 
must be accompanied by an NPS permitted guide and may not travel in 
groups of more than 11 snowmobiles.
* * * * *
    3. In Sec. 7.21, revise paragraph (a)(1), remove and reserve 
paragraph (a)(2), revise paragraph (a)(4) introductory text, revise 
paragraph (a)(5) introductory text, and revise paragraph (a)(9)(vi) to 
read as follows:


Sec. 7.21  John D. Rockefeller, Jr., Memorial Parkway.

* * * * *
    (a)(1) May I operate a snowmobile in the Parkway? You may operate a 
snowmobile in the Parkway in compliance within the public use limits 
and operating conditions established in this section until the end of 
the winter use season of 2003-2004 at which time snowmobile use in the 
Parkway is prohibited except for essential administrative use and in 
emergency situations as determined by the Superintendent.
    (a)(2) [Removed and Reserved]
* * * * *
    (a)(4) What routes are designated for snowmobile use in the Parkway 
in the winter use seasons of 2002-2003 and 2003-2004? During the winter 
use seasons of 2002-2003 and 2003-2004, the following routes are 
designated for snowmobile use:
* * * * *
    (a)(5) What limits are established for the number of snowmobiles 
permitted to use the Parkway each day? For the winter use season 2003-
2004, the numbers of snowmobiles allowed to use the Parkway each day 
are listed in the following table:
* * * * *
    (a)(9)(vi) Snowcoaches, and during the winter use seasons of 2002-
2003 and 2003-2004 snowmobiles, may not be operated in the park between 
the hours of 9:00 p.m. and 8:00 a.m. except by authorization.
* * * * *
    4. In Sec. 7.22, revise paragraph (g)(1), remove and reserve 
paragraphs (g)(2) and (g)(3), revise paragraph (g)(4), revise paragraph 
(g)(6), and revise paragraph (g)(7)(vi) to read as follows:


Sec. 7.22  Grand Teton National Park.

* * * * *
    (g)(1) May I operate a snowmobile in Grand Teton National Park? 
During the winter use seasons of 2002-2003 and 2003-2004, you may 
operate a snowmobile on the routes designated in paragraph (g)(6) of 
this section in compliance with public use limits and operating 
standards established by the Superintendent. Effective the winter use 
season of 2004-2005, snowmobile use will be restricted to the routes 
and purposes in paragraph (g)(10), (11), (12), and (13) of this 
section. All other snowmobile use is prohibited, except for essential 
administrative use and in emergency situations as determined by the 
Superintendent.
    (g)(2) [Removed and Reserved]
    (g)(3) [Removed and Reserved]
    (g)(4) Effective until the end of the winter use season 2002-2003, 
the following water surface is designated for snowmobile use: The 
frozen surface of Jackson Lake.
* * * * *
    (g)(6) What routes and limits are designated for snowmobile use in 
the park during the winter use seasons of 2002-2003 and 2003-2004? For 
the winter use seasons of 2002-2003 and 2003-2004, the Continental 
Divide Snowmobile Trail along U.S. 26/287

[[Page 15149]]

from Moran to the eastern park boundary and along U.S. 89/287 from 
Moran to the north park boundary is designated for snowmobile use. The 
Superintendent may open or close this route after taking into 
consideration the location of wintering wildlife, appropriate snow 
cover, and other factors that may relate to public safety. During the 
winter use season of 2003-2004 a maximum of 25 snowmobiles are allowed 
to use this route each day.
* * * * *
    (g)(7)(vi) Snowcoaches, and during the winter use seasons of 2002-
2003 and 2003-2004 snowmobiles, may not be operated in the park between 
the hours of 9:00 p.m. and 8:00 a.m.
* * * * *

    Dated: March 20, 2002.
Craig Manson,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 02-7707 Filed 3-28-02; 8:45 am]
BILLING CODE 4310-70-P