[Federal Register Volume 69, Number 170 (Thursday, September 2, 2004)]
[Rules and Regulations]
[Pages 53626-53630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20024]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD15
Rocky Mountain National Park Snowmobile Routes
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is amending regulations
specific to Rocky Mountain National Park that designate snowmobile
routes inside the park. The routes currently designated are
inconsistent with the protection of the resources and values of this
park, management objectives, the requirements of two Executive orders,
and NPS general regulations that govern snowmobile use in the National
Park System. This amendment would eliminate three of the four routes
currently designated for snowmobile use and for the remaining route
ensure compliance with the general regulations.
DATES: This rule becomes effective October 4, 2004.
FOR FURTHER INFORMATION CONTACT:
Technical information: Larry Gamble, Chief, Branch of Planning and
Compliance, Rocky Mountain National Park, 1000 Highway 36, Estes Park,
CO 80517. Telephone: (970) 586-1320. E-mail: [email protected].
Other information: Bernard C. Fagan, Acting Regulations Program
Manager, National Park Service, 1849 C Street, NW., Mail Stop 7252,
Washington, DC 20240. Telephone: (202) 208-7456. E-mail: [email protected].
SUPPLEMENTARY INFORMATION The NPS published a Proposed Rule in the
Federal Register on January 5, 2001 (66 FR 1069). Background
information on the Proposed Rule can be found in that Federal Register
notice. The Proposed Rule was available for public review through March
6, 2001.
In addition to the Federal Register notice, the NPS released an
Environmental Assessment (EA) for the Management of Snowmobiles in
Rocky Mountain National Park for public review and comment. The EA was
released December 15, 2000, and was available for public review and
comment for a period of eighty-four days, which ended March 6, 2001.
Four alternatives were included in the EA:
(1) Preferred Alternative--Trail Ridge Road, the Summerland Park
Snowmobile Trail, and Bowen Gulch Access Trail would be permanently
closed to snowmobiles. The North Supply Access Trail would remain open.
(2) No Action Alternative--The North Supply Access Trail and Trail
Ridge Road would remain open to snowmobile use.
(3) Less Restrictive Alternative--The North Supply Access Trail and
Trail Ridge Road would remain open to snowmobiles. The Summerland Park
Snowmobile Trail and Bowen Gulch Access Trail would be reopened to
snowmobile use.
(4) Most Restrictive Alternative--The park would be closed to all
snowmobiles.
The NPS received 3,363 responses to the EA in the form of letters,
a petition, facsimiles and e-mail. After a careful review of public
comments and resource, economic and visitor impacts, the Preferred
Alternative (Alternative 1) was selected for implementation and a
Finding of No Significant Impact (FONSI) was signed February 20, 2003,
by the Director of the Intermountain Region of the National Park
Service.
Final Rule
The Proposed Rule called for the repeal of the designation of all
snowmobile routes in Rocky Mountain National Park except the North
Supply Access Trail. The Preferred Alternative in the EA is identical
to the Proposed Rule and is therefore consistent with the signed FONSI.
After a careful review of public comments and resource, economic and
visitor impacts, the Final Rule remains unchanged from the Proposed
Rule. The park will close three routes to snowmobile use:
Trail Ridge Road
Summerland Park Snowmobile Trail
Bowen Gulch Access Trail
The North Supply Access Trail will remain open for snowmobile use.
Analysis of Public Comments
A period of sixty days was provided for public comments on the rule
change, from January 5, 2000, through March 6, 2001. We received 3,453
responses in the form of letters, a petition, facsimiles, and via e-
mail. Many of the responses to the Proposed Rule identified the same
issues that were raised during the public comment period for the EA. A
few responses raised new issues. Following is a summary of the comments
we received and our responses to them.
1. We support the NPS phase-out of snowmobiles in Rocky Mountain
National Park. The park should work with adjacent landowners and Forest
Service officials to provide alternative access to lands west of the
park that does not include a route within the boundaries of the park.
NPS Response:
We are aware that there has been an effort to find an alternative
route, but to date nothing has been resolved. The NPS will continue to
support and provide input for any future discussions. If we were to
close the park now to snowmobiles, there is no guarantee that an
alternative trail would be quickly established. In the interim, there
would be significant economic impacts to Grand Lake. The Arapaho
[[Page 53627]]
National Forest, particularly in the Idleglen parking area, would
experience a significant increase in snowmobile use and potentially
significant adverse impacts to natural resources and visitor safety if
the park were closed to snowmobiles. We chose to leave the North Supply
Access Trail open because it has the least impact to the ``human
environment,'' which includes the town of Grand Lake, local businesses,
nearby private landowners and the Arapaho National Forest. NPS policy
requires that impacts be evaluated irrespective of land ownership. In
other words, the analysis of potential impacts did not stop at the park
boundary, but included the surrounding area.
2. Rocky Mountain National Park has negated the purpose of the
environmental assessment, which is to evaluate and accept comments
before a rule change is selected.
NPS Response:
The ``Snowmobile Management Plan and Environmental Assessment'' was
approved on February 20, 2003, by the signing of the FONSI. The FONSI
was signed before the rule change was finalized.
3. The NPS has no reason to now (January 5, 2001) consider the
rulemaking, as it cannot go into effect until the winter of 2002-2003,
and should withdraw these proposed rules and propose them, if at all,
at a later time closer to the winter of 2002-2003.
NPS Response:
There are many time-consuming steps involved in rulemaking, and the
process must begin long before a rule is scheduled to take effect.
Given the dates contained in the comment, it is clear that the NPS has
not rushed the rulemaking process. We anticipate that the Final Rule
will be in place prior to the 2004-2005 snowmobile season.
4. We oppose any regulation that would prohibit supervised
snowmobile or ORV use by unlicensed minors.
NPS Response:
Visitors operating snowmobiles in Rocky Mountain National Park must
abide by the following Colorado Statutes:
Colorado Revised Statute 33-14-109 (1) states minors under
10 years of age can operate a snowmobile if they are supervised by an
adult, with the adult either being on the snowmobile with the minor, in
sight of the minor, or on family land.
Colorado Statute 33-14-109 (2) states minors under the age
of 16 and older than 10, must be supervised by an adult or have in
their possession a snowmobile safety certificate. Note: This does not
apply to family land.
Adults do not need to be licensed to operate a snowmobile.
ORVs (all terrain vehicles) are not allowed on roads or trails in
Rocky Mountain National Park.
5. It is my understanding that the reason for the rule change is
because snowmobiles do not conform to the NPS's rules and regulations.
Where, exactly, do the rules and regulations say that?
NPS Response:
Section 2.18 of Title 36 of the Code of Federal Regulations (CFR),
promulgated in 1983, states that snowmobiles are prohibited except when
their use is consistent with a park's natural, cultural, scenic and
aesthetic values, safety considerations, and park management objectives
and will not disturb wildlife or damage park resources. That regulation
was adopted in response to similar wording in Executive Order 11644,
which was promulgated in 1972 and amended in 1977 by Executive Order
11989. On April 26, 2000, the NPS was directed to take a fresh look at
snowmobile use and determine whether that use is consistent with the
Service-wide regulation. In response, Rocky Mountain National Park
prepared an Environmental Assessment (EA) for the Management of
Snowmobiles and proposed a rule change to close three designated
snowmobile routes while leaving the North Supply Access Trail open to
snowmobiles. Based on the analysis that was conducted for the EA, it
was determined that three of the currently designated snowmobile routes
are inconsistent with (1) the protection of park resources and values;
(2) park management objectives; (3) the requirements of Executive Order
11644, as amended by Executive Order 11989; and (4) the NPS general
regulation that governs snowmobile use in the National Park System.
The decision to implement the rule change is based on the selection
of the alternative that minimizes impacts to natural resources within
Rocky Mountain National Park and the Arapaho National Forest, while
minimizing the economic impacts to Grand Lake. The preferred
alternative has short and long-term beneficial effects on park natural
resources and on park visitors who do not snowmobile, and is consistent
with the enabling legislation for the park and with the park's Final
Master Plan.
This decision is also consistent with the February 17, 2004,
memorandum on snowmobile use in the National Park System by the
Assistant Secretary for Fish and Wildlife and Parks. That memorandum,
which superseded the April 2000 memorandum, states that each park
presents a unique set of environmental conditions and uses and should
undertake its own individual analysis and rulemaking as to snowmobile
management.
6. The NPS explained only in the most cursory manner its rationale
for proposing to close three trails in Rocky Mountain National Park,
relying on an inadequate and skewed analysis in the EA. The proposed
rule lacks a sound scientific or informational basis.
NPS Response:
The EA evaluated four alternatives and examined the potential
impacts of each alternative on soils, vegetation, natural sounds,
aquatic environments, threatened and endangered species, and several
other natural resource topics. The EA also examined potential impacts
of the four alternatives on socioeconomic resources and visitors. We
used the best available information and the knowledge of NPS natural
resource managers and subject matter experts to develop the EA. We
believe the EA provides adequate information on which to make well-
reasoned management decisions.
7. Should not the NPS protect the parks, yet allow equal rights and
access to the beauty of the Parks?
NPS Response:
Rocky Mountain National Park was established by an act of Congress
in 1915. The enabling legislation states:
[S]aid area is dedicated and set apart as a public park for the
benefit and enjoyment of the people of the United States * * * with
regulations being primarily aimed at the freest use of the said park
for recreational purposes by the public and for the preservation of
the natural conditions and scenic beauties thereof. (38 Stat. 798)
Park managers must balance access to and use of national parks with
the requirement to protect park resources and values. With the closure
of Trail Ridge Road to snowmobile use, visitors are not denied access
to Rocky Mountain National Park. Automobiles are permitted to drive on
Trail Ridge Road in the winter to the Timber Lake trailhead (10 miles
inside the park), and the North Supply Access Trail will remain open to
snowmobile use.
8. Existing regulations should be repealed and replaced with
regulations that prohibit any and all use of snowmobiles in national
park units. The only exceptions should be for subsistence use by
indigenous people in Alaska, administrative and law enforcement
activities of park personnel, access to private in-holdings, and
essential services (i.e. search and rescues) at park facilities.
NPS Response:
[[Page 53628]]
In the Assistant Secretary's memo of February 17, 2004, he found
that a nationwide rulemaking to ban snowmobile use in national park
units was not warranted at this time. Because of the unique
circumstances at each park unit, park units are better served through
individual analysis and rulemaking as to snowmobile management.
Prohibiting snowmobile use in Rocky Mountain National Park would result
in significant economic impacts to the Town of Grand Lake, and would
result in potentially significant environmental impacts within the
Arapaho National Forest. In arriving at the decision to retain
snowmobile use on the two-mile North Supply Access Trail, the NPS gave
careful consideration to off-site environmental and economic impacts.
The NPS also determined that snowmobile use on the North Supply Access
Trail would not result in significant environmental impacts within the
park.
The Grand County Commissioners, the Town of Grand Lake Trustees,
and the Arapaho National Forest are not opposed to the park's
rulemaking changes. This demonstrates a spirit of cooperation between
Rocky Mountain National Park, the gateway community of Grand Lake, and
the Arapaho National Forest.
9. The NPS should consider identifying motorized and non-motorized
days and charging appropriate fees under the Fee Demonstration Program
to fund monitoring and enforcement costs.
NPS Response:
Limiting certain uses to specific days of the week would likely
create hardships for visitors who have traveled from a considerable
distance and have only a limited time to enjoy snowmobiling on the
trails of Arapaho National Forest. Allowing snowmobile use on the North
Supply Access Trail throughout the winter will provide access to over
100 miles of snowmobile trails on the Arapaho National Forest. We
believe this approach better fulfills our mandate to provide for ``the
freest use of the park for recreational purposes by the public and for
the preservation of the natural conditions and scenic beauties
thereof'' (38 Stat. 798), while also protecting the experience of other
park visitors who may choose to access the park using another form of
transportation.
10. The NPS should conduct a better cost analysis that takes into
account all of the park's constituents, not just the non-motorized
users.
NPS Response:
Research Triangle Institute (RTI) conducted an economic impact
study during the fall of 2000, prior to the release of the EA. The
results of the analysis were included in the EA and in the FONSI. The
economic analysis focused on snowmobile rental companies and businesses
in Grand Lake that cater to snowmobile users. The economic analysis was
updated in February 2004, prior to publishing the Final Rule. We
believe the analysis fully considered the economic impact of closing
Trail Ridge Road to snowmobile use and was not biased in favor of non-
motorized users. The economic impact analysis provided important
information that contributed to the decision to leave the North Supply
Access Trail open for snowmobile use.
11. The NPS should experiment with ways of reducing conflicts
between users instead of simply claiming one set of users is superior
to another set.
NPS Response:
The management decision to limit snowmobile use to the North Supply
Access Trail was not based on the superiority of one user group over
another. The decision was based on knowledge of park natural resources
and important park values (such as tranquility) that can be negatively
impacted by snowmobile use in the interior of the park. Conflict
between users is evidenced by the fact that there have been several
accidents involving snowmobiles and automobiles on Trail Ridge Road
over the years. The potential for snowmobile/automobile conflicts on
the North Supply Access Trail is minimal because no automobiles are
allowed on the south half of the trail, and the north half of the trail
parallels County Road 491 instead of using the travel lanes.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
In accordance with the criteria in Executive Order 12866, this rule
has been reviewed by OMB and found to be a significant regulatory
action. OMB has made this determination under Executive Order 12866
because the rule may raise novel legal or policy issues.
(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.
Nonetheless, the NPS has prepared a draft study on the economic effects
of this proposal on, among others, small businesses (``Economic
Analysis of Management Alternatives for Snowmobile Use in Rocky
Mountain National Park,'' RTI International, Research Triangle Park,
NC, February 2004).
This report indicates that the proposed regulation is expected to
lead to a reduction in the number of visitor days spent by snowmobilers
in Rocky Mountain National Park in the winter, as they would no longer
be able to use Trail Ridge Road. There may or may not be a reduction in
visitation to the gateway community of Grand Lake, Colorado, depending
on (1) how many people who used to snowmobile on Trail Ridge Road will
continue to come to the area to snowmobile on other routes, and (2)
whether there is an increase in other winter visitors to the park who
will have a more enjoyable winter experience there without snowmobile
use on Trail Ridge Road.
Examining a likely range of possible reductions in winter
visitation to Grand Lake, the report indicates that the total impact on
regional output in the first year after implementation of the Final
Rule could range from an annual decrease of $165,600 to $496,900.
Interested persons may obtain a copy economic analysis by one of
several ways:
--Internet: http://www.nps.gov/romo/planning/planningdocs.html.
--By mail: Bruce Peacock, National Park Service, 1201 Oakridge Drive,
Suite 200 Fort Collins, CO 80525
--By e-mail: [email protected].
Public comments regarding the economic report may be submitted to
Bruce Peacock at one of the addresses above.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. This rule
deals specifically with Rocky Mountain National Park, which is
administered solely by the NPS, and any rules regarding snowmobile use
there would affect only the NPS and not other agencies.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. There are no budgetary constraints or funding issues
associated with this rulemaking. This rule pertains only to the
recreational uses of areas within the park.
(4) This rule may raise novel legal or policy issues. The general
matter of snowmobile restrictions in any area of the National Park
System raises concerns among some segments of the public, and those
concerns are important to NPS managers. This rule affects only a small
portion of the total
[[Page 53629]]
snowmobile use within the National Park System. Generally, the effect
of this rulemaking will be a small percentage of change in use patterns
within the park. Historically, the North Supply Access Trail has
received eighty-five percent (85%) of all snowmobile use within the
park; the NPS is proposing to keep this trail open. Historically, Trail
Ridge Road has received fifteen percent (15%) of all snowmobile use
within the park; the NPS is proposing to close this route to
snowmobiles.
Regulatory Flexibility Act
The Department of the Interior certifies that this regulation 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.).
Nonetheless, the NPS has prepared a report of the economic effects of
this regulation on, among others, small entities (``Economic Analysis
of Management Alternatives for Snowmobile Use in Rocky Mountain
National Park,'' RTI International, Research Triangle Park, NC,
February 2004). Small entities potentially affected will be all five
snowmobile rental shops in the Grand Lake area, and all governmental
jurisdictions in the area.
For snowmobile rental shops, the Final Rule could lead to a loss of
revenue ranging from $121,100 to $363,400 in the first year after
implementation. However, there appears to be excess demand for
snowmobile rentals in Grand Lake, with the rental businesses typically
renting all available machines on weekends, weather permitting, and
during holiday weeks. This means that the effects on the rental shops
could be less than the ranges estimated.
The town of Grand Lake does not collect a sales and use tax on
snowmobile rentals. The range in reductions in winter visitation
examined in the study would lead to a decline in the state and local
tax receipts ranging between $5,960 and $17,870.
The analysis of small entities cited above identifies only five
rental shops that would potentially incur impacts in the range of 3 to
9 percent of total revenue. The NPS does not consider this number of
businesses to constitute a substantial number of small entities.
Further, due to the excess demand for snowmobile rentals cited above,
the actual impacts on these businesses could be lower than indicated.
Therefore, the NPS does not believe that this regulation will impose a
significant economic impact on a substantial number of small entities.
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 has been estimated to have a potential impact on small
businesses (five rental shops) from approximately $121,100 to $363,400
during the first year after implementation.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. There are not likely to be cost
increases associated with this rulemaking. The potential economic
effect would be a minimal loss of revenue to small businesses and tax
revenue to local governments.
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
rule pertains only to recreational uses within a park unit, has no
effect on methods of manufacturing or production, and specifically
affects only the Northern Colorado region, not national or U.S.-based
enterprises.
Unfunded Mandates Reform Act
In accordance with the unfounded Mandates Reform Act (2 U.S.C. 1501
et seq.):
a. This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required.
b. 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 (nor does it impose any other mandates).
This rule imposes regulatory requirements only on those visitors
that choose to operate a snowmobile within Rocky Mountain National
Park, and it does not require any additional expenditures of money by
them. The potential impact to state and local government could be loss
of tax revenue estimated between $5,960 and $17,870 during the first
year after implementation of the rule.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. Private property within or adjacent
to Rocky Mountain National Park will still 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
This rule does not constitute a major federal action significantly
affecting the quality of the human environment. An EA for the
management of snowmobiles in Rocky Mountain National Park was completed
in 2000. The EA evaluated several alternatives for the management of
snowmobiles and was distributed for public review and comment. The park
received over 3,000 comments. In February 2003, the Director of the
Intermountain Region of the NPS signed a Finding of No Significant
Impact (FONSI) selecting the Preferred Alternative as described in the
Management Plan. The Final Rule is necessary to implement the Preferred
Alternative, which is to close all snowmobile routes in Rocky Mountain
National Park except the North Supply Access Trail.
Copies of the EA and FONSI may be obtained through one of several
methods.
--By Internet: http://www.nps.gov/romo/planning/planningdocs.html.
--By e-mail: [email protected].
--By mail: Superintendent, Rocky Mountain National Park, 1000 U.S.
Highway 36, Estes Park, Colorado 80517.
Government to Government Relationship With Tribes
In accordance with Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249), the
President's memorandum of April 29, 1994, ``Government to Government
relations with Native
[[Page 53630]]
American Tribal Governments'' (59 FR 22951), and Part 512 Section 2 of
the Department of the Interior Manual, the NPS has evaluated potential
effects on federally recognized Indian tribes and has determined that
there are no potential effects.
Drafting Information
The principal contributors to this rule have been Craig Manson,
Assistant Secretary of the Interior for Fish and Wildlife and Parks;
Kym A. Hall, NPS Regulations Program Manager; A. Durand Jones, Deputy
Director of the NPS; Larry Gamble, Chief of the Branch of Planning and
Compliance, Rocky Mountain National Park; and Jeff Connor, Natural
Resources Specialist, Rocky Mountain National Park.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
The Final Rule
0
For the reasons stated in the preamble, we amend the Special
Regulations, Areas of the National Park System (36 CFR Part 7) as set
forth below:
PART 7--SPECIAL REGULATIONS; AREAS OF THE NATIONAL PARK SYSTEM
0
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).
0
2. Section 7.7 is amended by revising paragraphs (e)(1) and (2) and
removing paragraphs (e)(3) through (6).
Sec. 7.7 Rocky Mountain National Park
* * * * *
(e)(1) On what route may I operate a snowmobile? Snowmobiles may be
operated on the North Supply Access Trail solely for the purpose of
gaining access between national forest lands on the west side of the
park and the town of Grand Lake. Use of this trail for other purposes
is not permitted. This trail will be marked by signs, snow poles or
other appropriate means.
(e)(2) When may I operate a snowmobile on the North Supply Access
Trail? The Superintendent will determine the opening and closing dates
for use of the North Supply Access Trail each year, taking into
consideration the location of wintering wildlife, appropriate snow
cover, and other factors that may relate to public safety. The
Superintendent will notify the public of such dates through one or more
of the methods listed in Sec. 1.7(a) of this chapter. Temporary
closure of this route will be initiated through the posting of
appropriate signs and/or barriers.
Dated: June 17, 2004.
Paul Hoffman,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-20024 Filed 9-1-04; 8:45 am]
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