[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Proposed Rules]
[Pages 54072-54090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20021]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD29
Special Regulations; Areas of the National Park System
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service is proposing this rule to more
effectively manage winter visitation and recreational use in
Yellowstone and Grand Teton National Parks and the John D. Rockefeller,
Jr., Memorial Parkway for up to three winter seasons (i.e., through the
winter of 2006-2007). This proposed rule is issued in conjunction with
the Temporary Winter Use Plans Environmental Assessment (EA) and will
ensure that visitors to the parks have an appropriate range of winter
recreational opportunities for an interim period. In addition, the
proposed rule will ensure that these recreational activities are in an
appropriate setting and that they do not impair or irreparably harm
park resources or values. The proposed rule is also necessary to allow
time to collect additional monitoring data on strictly limited
snowmobile and snowcoach use. The proposal provides a structure for
winter use management in the parks for an interim period and is
intended to reduce confusion and uncertainty among the public and local
communities about winter use. These temporary regulations would
continue to require that recreational snowmobiles and snowcoaches
operating in the parks meet certain air and sound restrictions,
snowmobilers be accompanied by a commercial guide, and proposes new
daily entry limits on the numbers of snowmobiles that may enter the
parks. Traveling off designated oversnow routes will remain prohibited.
DATES: Comments must be received by October 7, 2004.
ADDRESSES: Comments may be sent to Yellowstone National Park, Winter
Use Proposed Rule, P.O. Box 168, Yellowstone NP, WY 82190. Comments may
also be submitted online at http://www.nps.gov/yell/winteruse-ea.
FOR FURTHER INFORMATION CONTACT: John Sacklin, Planning Office,
Yellowstone National Park, 307-344-2019 or at the address listed in the
ADDRESSES section.
SUPPLEMENTARY INFORMATION: The National Park Service (NPS) has been
managing winter use issues in Yellowstone National Park (YNP), Grand
Teton National Park (GTNP), and the John D. Rockefeller, Jr., Memorial
Parkway (the Parkway) for several decades. In 1997 the Fund for Animals
and others filed suit, alleging violations of non-compliance with the
National Environmental Policy Act (NEPA), among other laws. The suit
resulted in a settlement agreement in October 1997 which, among other
things, required the NPS to prepare a new winter use plan for the three
park units. On October 10, 2000, a Winter Use Plans Final Environmental
Impact Statement (FEIS) was published for YNP, GTNP, and the Parkway. A
Record of Decision (ROD) was signed by the Intermountain Regional
Director on November 22, 2000, and subsequently distributed to
interested and affected parties. The ROD selected FEIS Alternative G,
which eliminated both snowmobile and snowplane use from the parks by
the winter of 2003-2004, and provided access via an NPS-managed, mass-
transit snowcoach system. This decision was based on a finding that the
snowmobile and snowplane use existing at that time, and the snowmobile
use analyzed in the FEIS alternatives, impaired park resources and
values, thus violating the statutory mandate of the NPS.
[[Page 54073]]
Implementing aspects of this decision required a special regulation
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 (66 FR 7260). The
rule became effective on April 22, 2001.
On December 6, 2000, the Secretary of the Interior, the Director of
the National Park Service and others in the Department of the Interior
and the NPS were named as defendants in a lawsuit brought by the
International Snowmobile Manufacturers' Association (ISMA) and several
groups and individuals. The States of Wyoming and Montana subsequently
intervened on behalf of the plaintiffs. Following promulgation of final
regulations, the original complaint was amended to also challenge the
regulations. The lawsuit asked for the decision, as reflected in the
ROD, to be set aside. The lawsuit alleged among other things, violation
of NEPA. A procedural settlement was reached on June 29, 2001, under
which, NPS agreed to prepare a Supplemental Environmental Impact
Statement (SEIS) incorporating ``any significant new or additional
information or data submitted with respect to a winter use plan.''
Additionally, the NPS provided the opportunity for additional public
participation in furtherance of the purposes of NEPA. A Notice of
Intent to prepare a Supplemental Environmental Impact Statement was
published in the Federal Register on July 27, 2001 (66 FR 39197).
A draft SEIS was published on March 29, 2002, and distributed to
interested and affected parties. NPS accepted public comments on the
draft for 60 days, and 357,405 pieces of correspondence were received.
The draft SEIS examined four additional alternatives: two alternatives
to allow some form of snowmobile access to continue, a no-action
alternative that would implement the November 2000 ROD, and another
alternative that would implement the no-action alternative one year
later to allow additional time for phasing in snowcoach-only travel.
The SEIS focused its analysis only on the issues relevant to allowing
recreational snowmobile and snowcoach use in the parks. These impact
topics included air quality and air quality related values, employee
health and safety, natural soundscapes, public health and safety,
socioeconomics, wildlife (bison and elk), and visitor experience. The
SEIS did not re-evaluate the decision to ban snowplane use on Jackson
Lake because this had not been an issue in the lawsuit, and was not an
aspect of the resulting settlement.
On November 18, 2002, the NPS published a final rule (67 FR 69473)
(``delay rule'') based on the FEIS, which generally postponed
implementation of the phase-out of snowmobiles in the parks for one
year. This rule allowed for additional time to plan and implement the
NPS-managed mass-transit, snowcoach-only system outlined in the FEIS as
well as time for completion of the SEIS. The rule delayed the
implementation of the daily entry limits on snowmobiles until the
winter of 2003-2004 and the complete prohibition on snowmobiles until
2004-2005. The 2001 regulation's transitional requirement that
snowmobile parties use an NPS-permitted guide was also delayed until
the 2003-2004 winter use season.
Other provisions under the January 2001 regulation concerning
licensing requirements, limits on hours of operation, Yellowstone side
road use and the ban on snowplane use remained effective for the winter
use season of 2002-2003.
The Notice of Availability for the final SEIS was published on
February 24, 2003 (68 FR 8618). The final SEIS included a new
alternative, alternative 4, consisting of elements which fell within
the scope of the analyses contained in the Draft SEIS and which was
identified as the preferred alternative. In addition, the final SEIS
included changes to the alternatives, included changes in modeling
assumptions and analysis, and incorporated additional new information.
The Intermountain Regional Director signed a Record of Decision for the
SEIS, which became effective on March 25, 2003. The ROD selected final
SEIS alternative 4 for implementation, and enumerated additional
modifications to that alternative. The final SEIS and ROD found that
implementation of final SEIS alternatives 1a, 1b, 3, or 4 would not be
likely to impair park resources or values due to motorized oversnow
recreation. On December 11, 2003, the new regulation governing winter
use in the parks was published.
On December 16, 2003, the U.S. District Court for the District of
Columbia, ruling on lawsuits by the Fund for Animals, et al., and the
Greater Yellowstone Coalition, et al., overturned the December 11,
2003, regulation and SEIS. The court reinstated the January 22, 2001,
regulation phasing out recreational snowmobiling pursuant to the delay
rule. Specifically, up to 493 snowmobiles a day were to be allowed into
Yellowstone for the 2003-2004 season, and another 50 in Grand Teton and
the Parkway combined. All snowmobiles in Yellowstone were required to
be led by a commercial guide. Snowmobiles were to be phased out
entirely from the parks in the 2004-2005 season.
ISMA and the State of Wyoming reopened their December 2000 lawsuit
against the Department of the Interior and the NPS. Ruling upon the
reopened suit on February 10, 2004, the U.S. District Court for the
District of Wyoming issued a preliminary injunction preventing the NPS
from continuing to implement the snowmobile phase-out. The court also
directed the superintendents of Yellowstone and Grand Teton to issue
emergency orders that were ``fair and equitable'' to all parties to
allow visitation to continue for the remainder of the winter season.
Under the authority of 36 CFR 1.5, the superintendents authorized up to
780 snowmobiles a day into Yellowstone, and up to 140 into Grand Teton
and the Parkway combined. In Yellowstone, the requirement that all
snowmobilers travel with a commercial guide remained in effect.
Judicial proceedings are continuing in both the Wyoming and
Washington, DC, courts.
Park Resource Issues
The supporting EA focuses on analyzing the environmental impacts of
five alternatives for interim winter use. The alternatives are not
dramatically different from those considered in the SEIS or the EIS;
thus, the EA incorporates and references these documents as
appropriate. The major issues analyzed in the EA include social and
economic issues, human health and safety, wildlife impacts, air quality
impacts, natural soundscape, visitor use and access, and visitor
experience. These impacts are detailed in the EA and are available
online at: http://www.nps.gov/yell/winteruse-ea. Additional information
is available in the SEIS and FEIS, available online at: http://www.nps.gov/grte/winteruse/intro.htm and http://www.nps.gov/yell/technical/planning/winteruse/plan/index.htm, respectively.
Impairment to Park Resources and Values
In addition to determining the environmental consequences of the
alternatives, NPS policy (NPS 2000a) requires analysis of potential
effects to determine whether actions would impair park resources. In
managing National Park System units, the NPS may undertake actions that
have both
[[Page 54074]]
beneficial and adverse impacts on park resources and values. However,
the NPS is generally prohibited by law from taking or authorizing any
action that would or is likely to impair park resources and values.
Impairment is an impact that, in the professional judgment of the
responsible NPS manager, would harm the integrity of park resources or
values, including the opportunities that otherwise would be present for
the enjoyment of those resources or values.
The FEIS ROD, dated November 22, 2000, concluded that, of the seven
alternatives evaluated in the FEIS, only one (alternative G), which
called for a phase-out of snowmobile use in the parks, did not impair
park resources. This was the basis for selecting this alternative, as
described in the rationale for the decision in the November 2000 ROD.
In all other FEIS alternatives, the existing snowmobile use in
Yellowstone was found to impair air quality, wildlife, the natural
soundscape, and opportunities for the enjoyment of the park by
visitors. In Grand Teton, impairment to the natural soundscape and
opportunities for enjoyment of the park was found to result from the
impacts of snowmobile and snowplane use. In the Parkway, impairment was
found to result from snowmobile use on air quality, the natural
soundscape, and opportunities for enjoyment of the park. These findings
were made for all alternatives with snowmobile use, including those
that would have required phased-in use of cleaner and quieter
snowmobiles in accordance with set objectives for air and sound
emissions. It was determined that there was no way to mitigate the
impairment short of reducing the amount of use as determined by an
effective carrying capacity analysis, or by imposing a suitable limit
unsupported by such an analysis.
The final rule implementing FEIS alternative G, published in the
Federal Register on January 22, 2001, recognized that, ``achieving
compliance with the applicable legal requirements while still allowing
snowmobile use would require very strict limits on the numbers of both
snowmobile and snowcoaches.'' Thus, the January 2001 rule recognized
that some snowmobile and snowcoach use could possibly be accommodated
in the parks through appropriate management actions without resulting
in an impairment to park resources and values. The SEIS and March 25,
2003 ROD reinforced these conclusions.
The NPS believes that Alternative 4 of the Temporary Winter Use
Plans EA would not impair park resources or values for several reasons.
The alternative continues intensive monitoring of park resources and
values, including air quality, natural soundscapes, wildlife, employee
health and safety, and visitor experience. Alternative 4 is an
intensively managed approach to preventing impairment of park resources
and values through strict requirements on snowmobiles and snowcoaches
and comprehensive monitoring. Alternative 4 sets daily entry limits
that represent a use level just under the historical average number of
snowmobiles entering YNP and will eliminate peak use days experienced
in the past, while reducing overall snowmobile use, relative to
historic averages. Limits on the numbers of snowmobiles will result in
fewer conflicts with wildlife, fewer air and noise emissions, and
improved road conditions. Limits on the numbers of snowmobiles also
provide park managers with more predictable winter use patterns and an
assurance that use cannot increase.
This alternative also mandates that all snowmobilers entering YNP
be accompanied by a commercial guide. This requirement will reduce
conflicts with wildlife along roadways because guides will be trained
to deal with such situations. Commercial guides must also have
reasonable control over their clientele, which greatly reduces unsafe
and illegal snowmobile use. In this way, guides will ensure that park
regulations are enforced and will provide a safer experience for
visitors. The requirement that all snowmobilers travel with commercial
guides will benefit natural soundscapes, since commercially guided
parties tend to travel in relatively large groups, resulting in longer
periods when snowmobile sound is not audible.
Finally, this alternative requires that both snowmobiles and
snowcoaches entering the parks meet best available technology (BAT)
requirements. This requirement will ensure that all recreational over-
snow vehicles operating in the parks employ state of the art emissions
control equipment.
Description of the Proposed Rule
The EA analyzed five alternatives with regard to winter use. These
regulations propose to implement Alternative 4 from the EA. As
previously outlined in the December 2003 regulations, many of the
regulations regarding over-snow transportation have been in existence
at the park under the authority of 36 CFR Part 7 or 36 CFR 1.5.
Regulations such as the operating conditions, designated routes, and
restricted hours of operation have been in effect and enforced by NPS
employees for several years. They were included in the 2003 rulemaking
in order to make them permanent and are included again in this rule,
with only slight modifications, to remind the public of all the
regulations that apply to over-snow transportation for each park area.
Other regulations such as alcohol limits, BAT restrictions, daily entry
limits and guiding restrictions that were new in the December 11, 2003,
rule are included in this proposed rule.
The EA is intended to guide winter use management in the parks for
a period of up to three winter seasons. During this time, the NPS will
be preparing a long-term analysis on the effects of winter use in the
parks. This long-term analysis will result in a permanent regulation on
winter use management. The NPS will strive to complete this long-term
analysis and rulemaking prior to the winter season 2006-2007. However,
the NPS proposes to make this rule effective through the winter season
2006-2007 to allow for any unexpected delays.
Monitoring
Scientific studies and monitoring of winter visitor use and park
resources (including air quality, natural soundscapes, wildlife,
employee health and safety, water quality, and visitor experience) will
continue. Selected areas of the parks, including sections of roads,
will be closed to visitor use if scientific studies indicate that human
presence or activities have a substantial effect on wildlife or other
park resources that cannot otherwise be mitigated. A one-year notice
will be provided before any such closure would be implemented unless
immediate closure is deemed necessary to avoid impairment of park
resources. Due to the temporary nature of these regulations, it would
be impractical to utilize the adaptive management provisions of the
SEIS and the December 11, 2003, final rule. Most non-emergency changes
in park management implemented under the adaptive management framework
would have been implemented only after at least one or two years of
monitoring, followed by a 6- to 12-month implementation period. The
superintendent will continue to have the authority under 36 CFR 1.5 to
take emergency actions to protect park resources or values.
Best Available Technology Restrictions
To mitigate impacts to air quality and the natural soundscape, NPS
is proposing to require that all recreational snowmobiles meet air and
sound emission restrictions, hereafter referred
[[Page 54075]]
to as best available technology (BAT) restrictions, to operate in
Yellowstone. For the winter 2003-2004, the NPS certified 12 different
snowmobile models (from various manufacturers) as meeting the BAT
restrictions. For air emissions restrictions, BAT means all snowmobiles
must achieve a 90% reduction in hydrocarbons and a 70% reduction in
carbon monoxide, relative to EPA's baseline emissions assumptions for
conventional two-stroke snowmobiles. For sound restrictions,
snowmobiles must operate at or below 73 dB(A) as measured at full
throttle according to Society of Automotive Engineers J192 test
procedures (revised 1985). The superintendent will maintain a list of
approved snowmobile makes, models, and year of manufacture that meet
BAT restrictions.
To comply with the BAT air emission restrictions, beginning with
the 2005 model year (snowmobiles available for retail purchase in fall
2004), all snowmobiles must be certified under 40 CFR 1051 to a Family
Emission Limit (FEL) no greater than 15 g/kW-hr for hydrocarbons and
120 g/kW-hr for carbon monoxide. For 2004 model year snowmobiles,
measured emission levels (official emission results with no
deterioration factor applied) must comply with the emission limits
previously specified. Pre-2004 model year snowmobiles may be operated
only if they have been shown to have emissions that do not exceed the
limits specified above. Snowmobiles must be tested on a five-mode
engine dynamometer, consistent with the test procedures specified by
EPA (40 CFR 1051 and 1065). Other test methods could be approved by NPS
on a case-by-case basis.
We are adopting the FEL method of demonstrating compliance with BAT
because it has several advantages. First, use of FEL will ensure that
all individual snowmobiles entering the parks achieve our emissions
requirements, unless modified or damaged (under this proposed
regulation, snowmobiles which are modified in such a way as to increase
air or sound emissions will not be in compliance with BAT and not
permitted to enter the parks). For this reason, FEL is the best
mechanism to protect park air quality. Use of FEL will also represent
the least amount of administrative burden on the snowmobile
manufacturers to demonstrate compliance with NPS BAT requirements.
Further, the EPA has the authority to insure that manufacturers' claims
on their FEL applications are valid. EPA also requires that
manufacturers conduct production line testing (PLT) to demonstrate that
machines being manufactured actually meet the certification levels. If
PLT indicates that emissions exceed the FEL levels, then the
manufacturer is required to take corrective action. Through EPA's
ability to audit manufacturers' emissions claims, NPS will have
sufficient assurance that emissions information and documentation will
be reviewed and enforced by the EPA. FEL also takes into account other
factors, such as the deterioration rate of snowmobiles (some
snowmobiles may produce more emissions as they age), lab-to-lab
variability, test-to-test variability, and production line variance. In
addition, under the EPA's regulations, all snowmobiles manufactured
must be labeled with FEL air emissions information. This will help to
ensure that our emissions requirements are consistent with these labels
and the use of FEL will avoid potential confusion for consumers.
To determine compliance with the BAT sound emission restrictions,
snowmobiles must be tested using SAE J192 (revised 1985) test
procedures. We recognize that the SAE updated these test procedures in
2003. However, the changes between the 2003 and 1985 test procedures
could alter the measurement results. The BAT requirement was
established using 1985 test procedures (in addition to information
provided by industry and modeling). Therefore, to be consistent with
our BAT requirements, we must continue to use the 1985 test. We are
interested in transitioning to the 2003 J192 test procedures, and we
will continue to evaluate this issue after these regulations are
implemented. Other test methods could be approved by NPS on a case-by-
case basis.
The initial BAT requirement for sound was established by reviewing
individual machine results from side-by-side testing performed by the
NPS' contractor, Harris Miller Miller & Hanson Inc. (HMMH) and the
State of Wyoming's contractor, Jackson Hole Scientific Investigations
(JHSI). Six four-stroke snowmobiles were tested for sound emissions.
These emission reports independently concluded that all the snowmobiles
tested between 69.6 and 77.0 dB(A) using the J192 protocol. On average,
the HMMH and JHSI studies measured four-strokes at 73.1 and 72.8 dB(A)
at full throttle, respectively. The SAE J192 (revised 1985) test also
allows for a tolerance of 2 dB(A) over the sound limit to account for
variations in weather, snow conditions, and other factors.
Snowmobiles may be tested at any barometric pressure equal to or
above 23.4 inches Hg uncorrected (as measured at or near the test
site). This exception to the SAE J192 test procedures also maintains
consistency with the testing conditions used to determine the BAT
requirement. This reduced barometric pressure allowance is necessary
since snowmobiles were tested at the high elevation of Yellowstone
National Park, where atmospheric pressure is lower than the SAE J192's
requirements due to the park's elevation. Initial testing data
indicates that snowmobiles may test quieter at high elevation, and
likewise be able to pass our BAT requirements at higher elevations but
fail our requirements near sea level.
All commercially guided recreational snowmobiles operating within
YNP would be required to meet the BAT restrictions.
Currently, little data exists on snowcoach emissions, with the
exception of one laboratory study commissioned by the State of Wyoming
that used a chassis dynamometer to measure emissions from one V-10
powered Ford E-350 15-passenger van (Lela, Chad C. and Jeff L. White,
2002). Field conditions in this study could not be replicated
accurately in the laboratory because the percent of time a snowcoach
operates in open-loop mode (with the throttle wide open, producing
higher emissions) versus closed-loop mode (at normal throttle,
producing extremely low emissions) is unknown. Running in snow on
tracks requires more power than operation with wheels and thus the
vehicle may operate in open-loop mode more frequently. In the EA, for
air quality modeling purposes, snowcoaches were assumed to operate in
open-loop mode \2/3\ of the time and closed-loop mode \1/3\ of the
time.
Currently no industry standard air emissions testing procedure
exists for snowcoaches that would be cost effective to implement in the
field. Due to the cost, it would be impractical to use an engine or
chassis dynamometer in the field to determine emissions of individual
snowcoaches.
Approximately 70 snowcoaches operated in Yellowstone National Park
during the winter of 2003-2004. Under concessions contracts issued in
2003, 78 snowcoaches are currently authorized. During the winter of
2003-2004, an average of 22 snowcoaches came into Yellowstone each day.
Approximately 29 snowcoaches operating in the park were manufactured by
Bombardier and were designed specifically for oversnow travel. Those 29
snowcoaches were manufactured prior to 1983 and are referred to as
``historic snowcoaches'' for the purpose of this rulemaking. All
[[Page 54076]]
other snowcoaches are 12- to 15-passenger vans that have been converted
for oversnow travel using tracks and/or skis.
Therefore, the NPS is proposing to require that all non-historic
snowcoaches meet the EPA standards that were applicable when the
vehicle was manufactured. Most of these vehicles achieve EPA's Tier 1
emissions standards, which were phased-in from 1994-1996. To ensure
that vehicles are meeting EPA's emissions standards, the NPS would
require that the vehicle's original pollution control equipment not be
modified or disabled. Snowcoach owners would be required to certify to
the NPS' and make available for inspection upon NPS' request, that the
vehicle's pollution control equipment is as originally manufactured.
In comparison with four-stroke snowmobiles, snowcoaches operating
within EPA's Tier 1 standards are cleaner, especially given their
ability to carry up to seven times more passengers (Lela and White
2002). In addition, in 2004 EPA began phasing-in Tier 2 emissions
standards for multi-passenger vans, and they will be fully phased-in by
2009. Tier 2 standards will require that vehicles be even cleaner than
Tier 1. Tier 2 standards would also significantly reduce the open loop
mode of operation. If Tier 2 vehicles are converted to snowcoaches,
then the emissions attributable to them would be further reduced in the
parks.
If any of the vehicle's pollution control equipment, including the
catalytic converter, associated piping, and other related parts that
may release CO, HC or PM emissions in the event of mechanical failure
or deterioration, had exceeded its useful life as published by the EPA,
then the owner would be required to replace it to access Yellowstone.
Generally, useful life for new vehicles (since 1996) is 120,000 miles
or 11 years, whichever comes first. NPS is proposing that when a
snowcoach owner replaces any pollution control equipment under this
requirement, the new pollution control equipment be the original
equipment, available from the vehicle's manufacturer rather than after-
market equipment. If original equipment is no longer available
snowcoach owners would be permitted to install after-market equipment.
The NPS is proposing that snowcoach owners install original equipment
if available because it generally has a longer useful life and may be
more efficient in reducing pollutants, although both are certified to
the same level of emissions reduction. These air emissions restrictions
would be implemented during the 2005-2006 winter season.
NPS would continue to work with snowcoach owners, researchers, and
other experts during future winters to better understand snowcoach
emissions and to determine the most effective field testing methods.
The NPS ultimately intends to set numerical performance-based limits
for emissions before snowcoaches are allowed entry into the park. The
NPS is proposing to allow additional time to phase-in air emissions
restrictions for snowcoaches because of the substantial investment
required to upgrade snowcoach technology and to encourage additional
investment in mass transit snowcoaches.
Sound restrictions were proposed for snowcoaches under the 2003
regulations. However, the phase-in proposed at that time is outside the
timeframe for this EA and proposed regulation. Therefore, any future
sound restrictions will be considered in a longer term rulemaking.
Historic snowcoaches (defined as a Bombardier snowcoach
manufactured in 1983 or earlier) would be exempt from air or sound
restrictions; however NPS will work with snowcoach owners to retrofit
historic snowcoaches to meet the air and sound restrictions. The NPS is
exempting historic snowcoaches from air and sound restrictions to
maintain the character of winter motorized oversnow travel. The NPS
also believes it is reasonable and prudent to work with outfitters and
concessioners to determine how best to upgrade their equipment.
In GTNP and the Parkway, all recreational snowmobiles operating on
the Continental Divide Snowmobile Trail (CDST) and Jackson Lake must
meet the BAT restrictions. BAT restrictions would also apply to all
snowmobiles originating at Flagg Ranch and traveling west on the Grassy
Lake Road. Snowmobiles originating in the Targhee National Forest and
traveling eastbound on the Grassy Lake Road would not be required to
meet the BAT restrictions; however, these snowmobiles could not travel
further than Flagg Ranch. The NPS is allowing this exception because
the Grassy Lake Road in the Parkway is approximately 6 miles long,
snowmobiles are not required to meet BAT restrictions on U.S. Forest
Service lands, and the NPS wishes to honor the request of the USFS that
these visitors be able to access food, fuel, and other amenities
available at Flagg Ranch. Any commercially guided snowmobiles
authorized to operate in the Parkway or Grand Teton will be required to
meet BAT restrictions.
NPS will annually publish a list of snowmobile makes, models, and
year of manufacture that meet BAT restrictions. Any snowmobile
manufacturers may demonstrate that snowmobiles are compliant with the
BAT air emissions requirements by submitting a copy of their
application used to demonstrate compliance with EPA's general
snowmobile regulation to the NPS (indicating FEL). We will accept this
application information from manufacturers in support of conditionally
certifying a snowmobile as BAT, pending ultimate review and
certification by EPA at the same emissions levels identified in the
application. Should EPA certify the snowmobile at a level that would no
longer meet BAT requirements, this snowmobile would no longer be
considered to be BAT compliant and would be phased-out according to a
schedule determined by the NPS to be appropriate. For sound emissions,
snowmobile manufacturers could submit the existing Snowmobile Safety
and Certification Committee (SSCC) sound level certification form.
Under the SSCC machine safety standards program, snowmobiles are
certified by an independent testing company as complying with all SSCC
safety standards, including sound standards. This regulation does not
require the SSCC form specifically, as there could be other acceptable
documentation in the future. The NPS will work cooperatively with the
snowmobile manufacturers on appropriate documentation. The NPS intends
to rely on certified air and sound emissions data from the private
sector rather than establish its own independent testing program, which
would be cost prohibitive. When certifying snowmobiles as BAT, NPS will
announce how long the BAT certification applies. Generally, each
snowmobile model would be approved for entry into the parks for six
winter seasons after it was first listed. Based on NPS experience, six
years represents the typical useful life of a snowmobile, and thus six
years provides purchasers with a reasonable length of time where
operation is allowed once a particular model is listed as being
compliant.
Individual snowmobiles modified in such a way as to increase sound
and air emissions of HC and CO beyond the proposed emission
restrictions would be denied entry to the parks. For both snowcoaches
and snowmobiles, it would be the responsibility of the end users, and
guides and outfitters (or private snowcoach owners to the extent they
are permitted entry into the parks)
[[Page 54077]]
to ensure that their oversnow vehicles comply with all applicable
restrictions. The requirement in Yellowstone that all snowmobilers
travel with commercial guides will assist NPS in enforcing BAT
requirements, since businesses providing commercial guiding services in
the parks are bound by their contracts with the park to ensure that
their clients' use only BAT snowmobiles. In addition, these businesses
can ensure that snowmobiles used in the park are not modified in such a
way as to increase sound or air emissions, and that BAT snowmobiles are
properly maintained.
The restrictions on air and sound emissions proposed in this rule
are not a restriction on what manufacturers may produce but an end-use
restriction on which commercially produced snowmobiles and snowcoaches
may be used in the parks. The NPS Organic Act (16 U.S.C. 1) authorizes
the Secretary of the Interior to ``promote and regulate'' the use of
national parks ``by such means and measures as conform to the
fundamental purpose of said parks * * * which purpose is to ``conserve
the scenery and the natural and historic objects and the wild life
therein and to provide for the enjoyment of the same in such manner and
by such means as will leave them unimpaired for the enjoyment of future
generations.'' Further, the Secretary is expressly authorized by 16
U.S.C. 3 to ``make and publish such rules and regulations as he may
deem necessary or proper for the use and management of the parks * *
*.'' This exercise of the NPS Organic Act authority is not an effort by
the NPS to regulate manufacturers and is consistent with Sec. 310 of
the Clean Air Act.
Since 2001, Yellowstone and Grand Teton National Parks have been
converting their own administrative fleet of snowmobiles to four-stroke
machines. These machines have proven successful in use throughout the
parks. NPS intends to continue to purchase these snowmobiles for most
administrative uses. However, the NPS recognizes that some
administrative applications, such as off-trail boundary patrols in deep
powder, towing heavy equipment or disabled sleds, or law enforcement
uses may require additional power beyond that supplied by currently
available snowmobiles that meet the BAT restrictions. In these limited
cases, NPS may use snowmobiles that do not meet BAT restrictions
proposed in this rule.
Use of Commercial Guides
To mitigate impacts to natural soundscapes, wildlife, and visitor
and employee safety, all recreational snowmobiles operated in YNP must
be accompanied by a commercial guide. This requirement will reduce
conflicts with wildlife along roadways because guides will be trained
to deal with such situations. Commercially guided parties tend to be
larger in size, which reduces the overall number of encounters with
wildlife and reduces the amount of time over-snow vehicles are audible.
Commercial guides are educated in safety and are knowledgeable about
park rules. Commercial guides must also have reasonable control over
their clientele, which greatly reduces unsafe and illegal snowmobile
use. Professional guides with contractual obligations to the NPS also
permits more effective enforcement of park rules by the NPS. These
guides receive rigorous multi-day training, perform guiding duties as
employees of a business, and are experts at interpreting the resources
of the parks to their clients. Commercial guides are employed by local
businesses. Those jobs are not performed by NPS employees.
Commercial guides use a ``follow-the-leader'' approach, stopping
often to talk with the group. They lead snowmobiles single-file through
the park, using hand signals to pass information down the line from one
snowmobile to the next, which has proven to be effective. Signals are
used to warn group members about wildlife and other road hazards,
indicate turns, and when to turn on or off the snowmobile. Further, all
commercial guides are trained in basic first aid and CPR. In addition
to first aid kits, they often carry satellite or cellular telephones,
radios, or other communications devices for emergency use, and shovels
to use in digging out vehicles. In this way, guides will ensure that
park regulations are enforced and will provide a safer experience for
visitors.
During the winter of 2003-2004, all snowmobilers were led by
commercial guides for the first time in Yellowstone National Park's
history. This had a significant positive effect on visitor health and
safety. With all snowmobile access commercially guided, and adjusting
visitation numbers to assume visitation was constant, park rangers
issued 28% fewer snowmobile citations, 70% fewer moving violations, and
made 85% fewer arrests.
Guided groups must contain no more than 11 snowmobiles, including
the guide's machine. Individual snowmobiles may not be operated
separately from a group within the park. A maximum group size of 11 was
established so that no one party would be so large that a single guide
could not safely direct and manage all party members. No minimum group
size requirement is warranted at this time since commercially guided
parties always have at least two snowmobiles--the guide and the
customer. In addition, commercially guided snowmobile groups average 8
snowmobiles.
Except in emergency situations, guided parties must travel together
and remain within a maximum distance of one-third mile of the first
snowmobile in the group. This will insure that guided parties do not
get spread too far out. One-third mile will allow for sufficient and
safe spacing between individual snowmobiles within the guided party,
allow the guide to maintain control over the group and minimize the
impacts on wildlife and natural soundscapes.
In Grand Teton and the Parkway, all snowmobile parties traveling
north from Flagg Ranch must be accompanied by a commercial guide. All
other snowmobilers in Grand Teton and the Parkway do not have to be
accompanied by a guide. The use of guides in Grand Teton and the
Parkway is generally not required due to the low volume of use, the
conditions for access to Jackson Lake for winter fishing, the through
road characteristics of the CDST, as well as the inter-agency
jurisdiction on the Grassy Lake Road.
Daily Snowmobile Limits
The number of snowmobiles that could operate in the parks each day
would be limited under this rule. These limits are intended to mitigate
impacts to air quality, employee and visitor health and safety, natural
soundscapes, wildlife, and visitor experience. Once the daily
snowmobile limits are reached, the only other means of public motorized
access will be through the use of snowcoaches. No limits on snowcoach
numbers are intended at this time. The limits are identified in Table
1. Use limits identified in Table 1 include guides since commercial
guides are counted towards the daily limits. For YNP, the daily limits
are identified for each entrance and location; for GTNP and the
Parkway, the daily limits apply to total snowmobile use on the road
segment and on Jackson Lake.
Limits are specifically identified for Old Faithful in this
proposed rule since Xanterra Parks and Resorts, a park concessioner,
provides snowmobile rentals and commercial guiding services there. This
allows visitors additional opportunities to experience the park. For
example, some visitors choose to enter the park on a snowcoach tour,
spend two or more nights at Old
[[Page 54078]]
Faithful's Snow Lodge, and go on a commercially guided snowmobile tour
of the park during their stay at Old Faithful.
Those limits are listed in the following table:
Table 1.--Daily Snowmobile Entry Limits
------------------------------------------------------------------------
Number of
Park entrance/road segment/location snowmobiles
------------------------------------------------------------------------
YNP--North Entrance................................... 30
YNP--West Entrance.................................... 400
YNP--East Entrance.................................... 40
YNP--Old Faithful..................................... 30
YNP--South Entrance and the Parkway (Flagg Ranch to 220
South Entrance)......................................
GTNP and the Parkway--Total Use on Continental Divide ** 50
Snowmobile Trail *...................................
Grassy Lake Road (Flagg-Ashton Road).................. ** 50
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 trail in both parks.
** These users do not have to be accompanied by a guide.
The purpose of these limits is to impose strict limits on the
numbers of snowmobiles that may use the parks in order to minimize
resulting impacts. Compared to historical use where peak days found as
many as 1,700 snowmobiles in the parks, these limits represent a
considerable reduction, and slightly less than the historic average of
Yellowstone entries. These limits will reduce snowmobile usage from
historic levels.
The daily snowmobile limits are based on the analysis contained in
the EA, which concluded that these limits, combined with other elements
of this rule, would prevent major adverse impacts thus preventing
impairment to park resources and values while allowing for an
appropriate range of experiences available to park visitors.
What Terms Do I Need To Know?
The NPS has added definitions for oversnow vehicle, designated
oversnow route, and commercial guides. For snowmobiles, the NPS is
using the definition found at 36 CFR 1.4, as there is no need to alter
that definition at this time. Earlier rulemakings specific to
Yellowstone, Grand Teton and the Parkway referenced ``unplowed
roadways'' and that terminology was changed to ``designated oversnow
routes'' to more accurately portray the condition of the route being
used for oversnow travel. Despite this terminology change, these routes
will remain entirely on roads or water surfaces used by motor vehicles
and motorboats during other seasons. Previous rulemakings also referred
only to snowmobiles or snowcoaches. Since there is a strong likelihood
that new forms of machines will be developed that can travel on snow, a
broader definition was developed to insure that such new technology
remained subject to regulation. When a particular requirement or
restriction only applies to a certain type of machine (for example,
some concession restrictions only apply to snowcoaches) then the
specific machine is stated and only applies to that type of vehicle,
not all oversnow vehicles. However, oversnow vehicles that do not meet
the strict definition of a snowcoach (i.e., both weight and passenger
capacity) would be subject to the same requirements as snowmobiles. The
definitions listed under Sec. 7.13(l)(1) will apply to all three
parks. These definitions may be further clarified based on changes in
technology.
Where Must I Operate My Snowmobile in the Park?
Specific routes are listed where snowmobiles may operate, but this
proposed rule also provides latitude for the superintendent to modify
those routes available for use. When determining what routes are
available for use, the superintendent will use the criteria in Sec.
2.18(c), and may also take other issues into consideration including
the most direct route of access, weather and snow conditions, the
necessity to eliminate congestion, the necessity to improve the
circulation of visitor use patterns in the interest of public safety
and protection of park resources.
Snowmobiles authorized to operate on the frozen surface of Jackson
Lake may gain access to the lake by trailering their snowmobiles to the
parking areas near the designated access points via the plowed roadway.
There is no direct access from the CDST to Jackson Lake, and use limits
established for each area are distinctly separate.
What Other Conditions Apply to the Operation of Oversnow Vehicles?
A similar section existed in previous snowmobile regulations
entitled ``What other conditions are placed on snowmobile and snowcoach
operations?'' and addressed many of the same issues. A few minor
changes have been made to those operating requirements, including
modifying the operating hours by one hour, limiting idling to 5 minutes
at any one time, and no longer allowing operation of a snowmobile by
persons holding only a learner's permit. These modifications were made
based on experiences over the last few winters with winter use
operations and the need to adjust requirements for safety and resource
impact considerations.
What Conditions Apply to Alcohol Use While Operating an Oversnow
Vehicle?
Although the regulations in 36 CFR 4.23 apply to oversnow vehicles,
additional regulations were needed to address the issue of under-age
drinking while operating a snowmobile and snowcoach operators or
snowmobile guides operating under the influence while performing
services for others. Many states have adopted similar alcohol standards
for under-age operators and commercial drivers and the NPS feels it is
necessary to specifically include these regulations to help mitigate
potential safety concerns.
The alcohol level for minors (anyone under the age of 21) is set at
.02. Although the NPS endorses ``zero tolerance'', a very low Blood
Alcohol Content (BAC) is established to avoid a chance of a false
reading. Mothers Against Drunk Driving and other organizations have
endorsed this enforcement posture and the NPS agrees that under-age
drinking and driving, particularly in a harsh winter environment, will
not be allowed.
In the case of snowcoach operators or snowmobile guides, a low BAC
limit is also necessary. Persons operating a snowcoach are likely to be
carrying 8 or
[[Page 54079]]
more passengers in a vehicle with tracks or skis that is more
challenging to operate than a wheeled vehicle, and along oversnow
routes that could pose significant hazards should the driver not be
paying close attention or have impaired judgement. Similarly, persons
guiding others on a snowmobile have put themselves in a position of
responsibility for the safety of other visitors and for minimizing
impacts to park wildlife and other resources. Should the guide's
judgement be impaired, hazards such as wildlife on the road or snow
obscured features, could endanger all members of the group in an
unforgiving climate. For these reasons, the NPS is requiring that all
guides be held to a stricter than normal standard for alcohol
consumption. Therefore, the NPS has established a BAC limit of .04 for
snowcoach operators and snowmobile guides. This is consistent with
federal and state rules pertaining to BAC thresholds for someone with a
commercial drivers license.
Do Other NPS Regulations Apply to the Use of Oversnow Vehicles?
Relevant portions of 36 CFR 2.18, including Sec. 2.18(c), have
been incorporated within these proposed regulations. Some portions of
36 CFR 2.18 and 2.19 are superseded by these proposed regulations,
which allows these proposed regulations to govern maximum operating
decibels, operating hours, and operator age (this is applicable to
these park units only). In addition, 36 CFR 2.18(b) would not apply in
Yellowstone, while it would apply in Grand Teton and the Parkway. This
is due to the existing concurrent jurisdiction in Grand Teton and the
Parkway. These two units are solely within the boundaries of the State
of Wyoming and national park rangers work concurrently with state and
county officers enforcing the laws of the State of Wyoming. The
proposed rule also supersedes 36 CFR 2.19(b) because it provides for
the towing of people behind an oversnow vehicle. The proposed rule
prohibits towing of persons on skis, sleds, or other sliding devices by
motor vehicle or snowmobile, except in emergency situations. Towing
people, especially children, is a potential safety hazard and health
risk due to road conditions, traffic volumes, and direct exposure to
snowmobile emissions. This rule does not affect supply sleds attached
by a rigid device or hitch pulled directly behind snowmobiles or other
oversnow vehicles as long as no person or animal is hauled on them.
Other provisions of 36 CFR Parts 1 and 2 continue to apply to the
operation of oversnow vehicles unless specifically excluded here.
Are There Any Other Forms of Non-Motorized Oversnow Transportation
Allowed in the Park?
YNP has specifically prohibited dog sledding and ski-joring (the
practice of a skier being pulled by dogs or a vehicle) to prevent
disturbance or harassment to wildlife. These restrictions have been in
place for several years under regulatory authority and would now be
codified in these regulations.
May I Operate a Snowplane?
Prior to the winter of 2002-2003, snowplanes were allowed on
Jackson Lake within GTNP under a permit system. Based on the analysis
set forth in the 2000 EIS and ROD, as reaffirmed in the EA, NPS has
found and continues to believe that the use of snowplanes would impair
park resources. As a result, and to avoid uncertainty based on the
previous use on Jackson Lake, this proposed rule includes language that
specifically prohibits the operation of snowplanes in each of these
parks.
Is Violating Any of the Provisions of this Section Prohibited?
Some magistrates have interpreted the lack of a specific
prohibitory statement to be ambiguous and therefore unenforceable.
Although it would seem to be implicit that each instance of a failure
to abide by specific requirements is a separate violation, the proposed
regulation contains clarifying language for this purpose. Each
occurrence of non-compliance with these regulations is a separate
violation. However, it should also be noted that the individual
regulatory provisions (i.e., each of the separately numbered
subparagraphs throughout these three sections) could be violated
individually and are of varying severity. Thus, each subparagraph
violated can and should receive an individual fine in accordance with
the issuance of the park's bail schedule as issued by the appropriate
magistrate. It is not intended that violations of multiple
subparagraphs of these regulations be treated as a single violation or
subject only to a single fine.
Summary of Economic Analysis
This analysis examines five alternatives for temporary winter use
plans in the Greater Yellowstone Area (Yellowstone National Park, Grand
Teton National Park, and John D. Rockefeller, Jr., Memorial Parkway).
Alternative 1 would permit snowcoachs only, banning recreational
snowmobile use within the parks. Alternative 1 is similar to the
conditions expected under the January 2001 final rule. Alternative 2
would emphasize snowcoach access while allowing some snowmobile use
with 100% commercially guided trips. That alternative is similar to the
conditions experienced during the 2003-2004 winter season. Alternative
3 balances snowmobile and snowcoach access, and permits 20% unguided
trips in Yellowstone. Alternative 4 allows more snowmobile use than
Alternative 3, but requires 100% commercially guided trips in
Yellowstone. Alternative 4 is the preferred alternative. Finally,
Alternative 5 allows more snowmobile use than Alternative 4, and
permits 20% non-commercially guided trips in Yellowstone. Alternative 5
is similar to the conditions expected under the December 2003 final
rule.
This analysis estimates the benefits and costs associated with the
5 alternatives relative to two baselines: Alternative 1, which would
ban snowmobiles, and historic snowmobile use as represented by the
1997-1998 winter season. The rationale for using these two baselines
flows from two regulatory actions and two federal district court
rulings. NPS issued a special regulation on January 22, 2001, phasing
in a snowmobile ban. In settling a lawsuit filed by the International
Snowmobile Manufactures' Association and other plaintiffs regarding
that regulation, NPS agreed to re-evaluate its winter use plan
alternatives, and subsequently issued a special regulation on December
11, 2003, permitting snowmobile use subject to certain management
restrictions. On December 16, 2003, the Washington, DC, District Court
issued a ruling overturning the December 2003 regulation and
implementing the January 2001 regulation. Following that ruling on
February 10, 2004, the Wyoming District Court issued a preliminary
injunction against implementing the January 2001 regulation.
These two rulings potentially imply the two baselines used in this
analysis. In order to cover the potential range of analysis suggested
by these rulings, NPS used Alternative 1 and historic snowmobile use as
alternative baselines to estimate the benefits and costs of its
proposed temporary winter use plan alternatives. NPS believes that the
actual economic impacts of the proposed temporary winter use plan
alternatives fall within the range of benefits and costs estimated
relative to these two baselines.
The quantitative results of the benefit-cost analysis are
summarized below for the Alternative 1 and the historical baselines,
respectively. It is important to
[[Page 54080]]
note that this analysis could not account for all costs or benefits due
to limitations in available data. For example, the costs associated
with adverse impacts to park resources and with law enforcement
incidents are not reflected in the quantified net benefits presented in
this summary. It is also important to note that the benefit-cost
analysis addresses the economic efficiency of the different
alternatives and not their distributive equity (i.e., does not identify
the sectors or groups on which the majority of impacts fall).
Therefore, additional explanation is required when interpreting the
results of this benefit-cost analysis. An explanation of the selection
of the preferred alternative is given following the summaries of
quantified benefits and costs.
Quantified Benefits and Costs Relative to the Alternative 1 Baseline
The primary beneficiaries of Alternatives 2, 3, 4, and 5 relative
to the Alternative 1 baseline are the park visitors who ride
snowmobiles in the park and the businesses that serve them such as
rental shops, restaurants, gas stations, and hotels. Overall,
Alternative 5 should provide greater quantified benefits to snowmobiles
than Alternatives 2 through 4. The daily caps on snowmobile use vary
across the four alternatives, with Alternative 5 allowing the most
snowmobiles per day into the parks. Alternatives 2, 3 (in 2004-2005),
and 4 require snowmobilers to be part of a commercially guided tour,
which is expected to reduce benefits to snowmobilers who prefer
unguided tours or who face additional expenses from being forced to
take a guided tour. Alternatives 3 (in 2005-2006 and beyond) and 5
allow for at least 20% of the tours to be unguided or led by non-
commercial guides, which may somewhat mitigate the potential loss in
benefits associated with the commercial guided tour requirement.
The primary consumer group that would incur costs under
Alternatives 2, 3, 4, and 5 would be the park visitors who do not ride
snowmobiles. Out of the set of alternatives that allow for continued
snowmobile access to the parks, Alternative 2 is expected to impose the
lowest costs on non-snowmobile users because of the lower daily limits
and the commercially guided tour requirements.
Alternative 5 is expected to provide the greatest benefits to local
businesses because it places the least restrictions on snowmobilers and
is expected to result in the largest increase in visitation.
Alternatives 2 and 4 are the most restrictive options for snowmobilers
(primarily due to the requirement that all snowmobilers in Yellowstone
must be on commercially guided tours) and are expected to result in the
smallest increase in visitation relative to the Alternative 1 baseline
among Alternatives 2 through 5.
Based on the results of this analysis, the losses to non-
snowmobilers generally outweigh the gains to snowmobilers and local
businesses. However, there are a number of uncertainties that may
influence this result. The most important factor is that this analysis
applies the losses to non-snowmobilers that were determined from a
survey conducted in Yellowstone to non-snowmobilers in Grand Teton.
This may overstate the losses to non-snowmobilers in Grand Teton
because there is less snowmobile use in Grand Teton than in
Yellowstone, which may imply that non-snowmobilers are less affected by
their presence. In addition, snowmobile use in Grand Teton tends to be
in separate areas of the park from non-snowmobile activities to a
greater extent than for Yellowstone where there is much more overlap in
the areas used by these visitors.
The present values of quantified net benefits (benefits minus
costs) are presented in Table 1 for the Alternative 1 baseline. As
noted above, these quantified net benefits do not account for certain
costs associated with the protection of park resources or with law
enforcement incidents. Further, these quantified net benefits do not
reflect potentially significant distributive impacts on local
communities. The amortized quantified net benefits per year are
presented in Table 2 for the Alternative 1 baseline.
Table 1.--Total Present Value of Quantified Net Benefits for the Winter
Use Plans in the Greater Yellowstone Area 2004-2005 Through 2006-2007
Relative to the Alternative 1 Baseline
------------------------------------------------------------------------
Total present value of quantified net
benefits
------------------------------------------------------------------------
Alternative 2
Discounted at 3%a........ -$32,916,000 to -$15,355,580
Discounted at 7%a........ -$30,514,550 to -$14,230,820
Alternative 3
Discounted at 3%a........ -$42,684,800 to -$19,252,100
Discounted at 7%a........ -$39,607,950 to -$17,966,630
Alternative 4
Discounted at 3%a........ -$44,430,830 to -$25,785,420
Discounted at 7%a........ -$41,197,880 to -$23,913,490
Alternative 5
Discounted at 3%a........ -$38,634,080 to -$12,498,680
Discounted at 7%a........ -$35,822,200 to -$11,591,350
------------------------------------------------------------------------
a Office of Management and Budget Circular A-4 recommends a 7% discount
rate in general, and a 3% discount rate when analyzing impacts to
private consumption.
Table 2.--Amortized Quantified Net Benefits per Year for the Winter Use
Plans in the Greater Yellowstone Area 2004-2005 Through 2006-2007
Relative to the Alternative 1 Baseline
------------------------------------------------------------------------
Amortized quantified net benefits per
yearb
------------------------------------------------------------------------
Alternative 2
Discounted at 3%a........ -$11,636,805 to -$5,428,664
Discounted at 7%a........ -$11,627,620 to -$5,422,678
Alternative 3
Discounted at 3%a........ -$15,089,949 to -$6,803,579
[[Page 54081]]
Discounted at 7%a........ -$15,092,233 to -$6,843,494
Alternative 4
Discounted at 3%a........ -$15,707,647 to -$9,115,929
Discounted at 7%a........ -$15,698,521 to -$9,112,275
Alternative 5
Discounted at 3%a........ -$13,658,320 to -$4,418,663
Discounted at 7%a........ -$13,650,109 to -$4,416,903
------------------------------------------------------------------------
a Office of Management and Budget Circular A-4 recommends a 7% discount
rate in general, and a 3% discount rate when analyzing impacts to
private consumption.
b This is the present value of quantified net benefits reported in Table
1 amortized over the three-year analysis timeframe at the indicated
discount rate.
Quantified Benefits and Costs Relative to the Historical Use Baseline
The primary losses under Alternatives 1 through 5 relative to the
historical use baseline accrue to the park visitors who ride
snowmobiles in the parks and the businesses that serve them. Overall,
Alternative 1 would impose greater losses on snowmobilers since it
would ban snowmobiles in the parks. The losses associated with
Alternatives 2 through 5 are less since those alternatives would allow
some level of snowmobile use. Alternatives 2 and 4 would also require
100% commercially guided tours. That feature is expected to increase
losses to snowmobilers who prefer unguided tours or who face additional
expenses from being forced to take commercially guided tours.
The primary beneficiaries of Alternatives 1 through 5 would be the
park visitors who do not ride snowmobiles. Alternative 1 would yield
the greatest benefits for non-snowmobilers. Out of the set of
alternatives allowing continued snowmobile access to the parks,
Alternative 2 is expected to generate the largest gains for non-
snowmobilers because of the lower daily limits, stricter technology
requirements, and the commercially guided tour requirement. Alternative
4 is expected to generate only slightly lower gains for non-snowmobile
users than Alternative 2, with the biggest difference between
Alternatives 2 and 4 coming from the higher daily use limits under
Alternative 4.
For businesses, the losses relative to the historical use baseline
are expected to be ordered in the same way as losses accruing to
snowmobilers because they are driven largely by the number of visitors.
Alternative 1 is expected to have the greatest negative impact on local
businesses because it places the highest restrictions on snowmobilers
and is expected to result in the largest decrease in visitation.
Alternative 5 is the least restrictive option for snowmobilers and is
expected to result in the smallest decrease in visitation.
Based on the results of this analysis, the gains to non-
snowmobilers generally outweigh the losses to snowmobilers and local
businesses. However, as noted in the summary of benefits and costs
relative to the Alternative 1 baseline, there are a number of
uncertainties that may influence this result. The most important factor
is that this analysis applies the gains to non-snowmobilers that were
determined from a survey conducted in Yellowstone to non-snowmobilers
in Grand Teton. This may overstate the gains to non-snowmobilers in
Grand Teton because there is less snowmobile use in Grand Teton than in
Yellowstone, which may imply that non-snowmobilers are less affected by
their presence. In addition, snowmobile use in Grand Teton tends to be
in separate areas of the park from non-snowmobile activities to a
greater extent than for Yellowstone where there is much more overlap in
the areas used by these visitors.
The present values of quantified net benefits (benefits minus
costs) are presented in Table 3 for the historical use baseline. As
noted above, these quantified net benefits do not account for certain
costs associated with the protection of park resources or with law
enforcement incidents. Further, these quantified net benefits do not
reflect potentially significant distributive impacts on local
communities. The amortized quantified net benefits per year are
presented in Table 4 for the historical use baseline.
The business output impacts presented in the Environmental
Assessment reflect all businesses; however, 69 of the 74 snowmobile
rental shops and guided tour operators with available revenue estimates
were classified as small businesses in the regulatory flexibility
analysis conducted for this rulemaking. Therefore, these business
output impacts are considered to be strongly indicative of the impacts
to small businesses. Additionally, 88% of the business output impacts
estimated in the Environmental Assessment for all of Wyoming, Montana,
and Idaho were concentrated in the immediate five counties surrounding
the parks. Therefore, these business output impacts are also considered
to be strongly indicative of the distributive equity impacts to the
local communities.
Table 3.--Total Present Value of Quantified Net Benefits for the Winter
Use Plans in the Greater Yellowstone Area 2004-2005 Through 2006-2007
Relative to the Historical Use Baseline
------------------------------------------------------------------------
Total Present Value of Quantified Net
Benefits
------------------------------------------------------------------------
Alternative 1
Discounted at 3% \a\..... $122,314,860 to $130,820,690
Discounted at 7% \a\..... $113,396,820 to $121,284,230
Alternative 2
Discounted at 3% \a\..... $87,300,330 to $92,045,050
Discounted at 7% \a\..... $80,934,930 to $85,334,010
[[Page 54082]]
Alternative 3
Discounted at 3% \a\..... $76,587,670 to $81,101,950
Discounted at 7% \a\..... $70,989,350 to $75,184,950
Alternative 4
Discounted at 3% \a\..... $75,004,190 to $79,954,170
Discounted at 7% \a\..... $69,534,980 to $74,125,250
Alternative 5
Discounted at 3% \a\..... $77,031,490 to $81,229,710
Discounted at 7% \a\..... $71,414,320 to $75,307,790
------------------------------------------------------------------------
\a\ Office of Management and Budget Circular A-4 recommends a 7%
discount rate in general, and a 3% discount rate when analyzing
impacts to private consumption.
Table 4.--Amortized Quantified Net Benefits per Year for the Winter Use
Plans in the Greater Yellowstone Area 2004-2005 Through 2006-2007
Relative to the Historical Use Baseline
------------------------------------------------------------------------
Amortized Quantified Net Benefits per
Yearb
------------------------------------------------------------------------
Alternative 1
Discounted at 3%a........ $43,242,020 to $46,249,090
Discounted at 7%a........ $43,210,050 to $46,215,560
Alternative 2
Discounted at 3%a........ $30,863,320 to $32,540,720
Discounted at 7%a........ $30,840,390 to $32,516,670
Alternative 3
Discounted at 3%a........ $27,076,067 to $28,672,000
Discounted at 7%a........ $27,050,610 to $28,649,350
Alternative 4
Discounted at 3%a........ $26,516,260 to $28,266,230
Discounted at 7%a........ $26,496,420 to $28,245,550
Alternative 5
Discounted at 3%a........ $27,232,970 to $28,717,170
Discounted at 7%a........ $27,212,550 to $28,696,160
------------------------------------------------------------------------
aOffice of Management and Budget Circular A-4 recommends a 7% discount
rate in general, and a 3% discount rate when analyzing impacts to
private consumption.
bThis is the present value of quantified net benefits reported in Table
3 amortized over the three-year analysis timeframe at the indicated
discount rate.
Explanation of Selected Preferred Alternative
The preferred alternative was selected because it best balances
winter use with protection of park resources to ensure that adverse
impacts from historical types and numbers of snowmobile uses do not
occur. The preferred alternative demonstrates the NPS commitment to
monitor and use results to adjust winter use program. Last winter, the
NPS implemented the monitoring program that it committed to in the 2003
decision, and the results of that monitoring were used to help
formulate the alternatives in this EA as well as guide the decisions
being made. The preferred alternative applies the lessons learned in
the winter of 2003-2004 relative to commercial guiding, which
demonstrated, among other things, that 100% commercial guiding was very
successful and offers the best opportunity for achieving goals of
protecting park resources and allowing balanced use of the parks. Law
enforcement incidents were reduced well below historic numbers, taking
into account reduced visitation. That reduction is attributed to the
quality of the guided program.
The preferred alternative uses strictly limited snowmobile numbers
(below the historic average use level for Yellowstone) combined with
best available technology requirements for snowmobiles and 100%
commercial guiding to help ensure that the purpose and need for the
environmental assessment is best met. With strictly limited snowmobile
use combined with snowcoaches, park visitors will have a range of
appropriate winter recreational opportunities. With the significant
restrictions built into snowmobile use, this plan also ensures that
these recreational activities will not impair or irreparably harm park
resources or values.
Last winter was the first time the NPS had the opportunity to
collect information on a strictly managed snowmobile program. The
preferred alternative will allow the NPS to continue to collect
additional monitoring data on strictly limited snowmobile and snowcoach
use. The monitoring data is extremely important in helping the NPS
understand the results of its management actions. Prior to the winter
of 2003-2004, the only monitoring information the NPS had was on
historic snowmobile use. The EIS, SEIS, and to a certain extent this EA
relied on modeling to forecast impacts. The modeling is useful for
comparison purposes so that managers can understand the relative
differences among alternatives, but it does not replicate on-the-ground
conditions. Monitoring measures actual outcomes. With only one winter's
data on strictly managed snowmobile use, the ability of the NPS to
understand the impacts of a strictly controlled management regime is
limited. Implementing this plan will allow for additional winters of
monitoring information.
[[Page 54083]]
The preferred alternative also supports the communities and
businesses both near and far from the parks and will encourage them to
have an economically sustainable winter recreation program. Peak
snowmobile numbers allowed under the preferred alternative are below
the historic averages, but the snowmobile limits should provide a
viable program for winter access to the parks, and in combination with
snowcoach access, support overall historic visitor use levels. The
preferred alternative provides certainty for park visitors,
communities, and businesses by laying out a program for winter use for
up to the next three winters.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is a significant rule and has been reviewed by the
Office of Management and Budget under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. These conclusions are based on the report ``Economic
Analysis of Temporary Regulations on Snowmobile Use in the Greater
Yellowstone Area'' (RTI International, August 2004).
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
Implementing actions under this rule will not interfere with plans by
other agencies or local government plans, policies, or controls since
this is an agency specific change.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. It only affects the use of over-snow machines within
specific national parks. No grants or other forms of monetary
supplement are involved.
(4) This rule may raise novel legal or policy issues. The issue has
generated local as well as national interest on the subject in the
Greater Yellowstone Area. The NPS has been the subject of numerous
lawsuits regarding winter use management.
Regulatory Flexibility Act
The Department of the Interior has determined that this document
will have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Therefore an Initial Regulatory Flexibility Analysis has been
conducted. The information is contained in the report entitled
``Economic Analysis of Temporary Regulations on Snowmobile Use in the
Greater Yellowstone Area'' (RTI International, August 2004). This
initial report is available on the Yellowstone Web site. Final versions
of these reports will be available upon publication of the final rule.
The NPS is proposing an alternative that requires 100% guided
snowmobiles in Yellowstone National Park to minimize impacts to park
resources. Based on information available at this time, NPS believes
that alternative 4 will minimize adverse economic effects to local
businesses as compared to alternatives 1 and 2.
The NPS welcomes additional data from affected businesses to enable
it to further analyze the effects of this rulemaking with respect to
small businesses.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rulemaking has no effect on methods of manufacturing or production and
specifically affects the Greater Yellowstone Area, not national or U.S.
based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. It addresses public
use of national park lands, and imposes no requirements on other
agencies or governments.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. Access to private property located
within or adjacent to the parks will 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
An Environmental Assessment and draft Finding of No Significant
Impact (FONSI) have been completed and are also available for comment.
The EA and draft FONSI are available for review by contacting
Yellowstone or Grand Teton Planning Offices or at http://www.nps.gov/yell/winteruse-ea. Comments are being solicited separately on the EA/
Draft FONSI and this proposed rule. See the Public Participation
section for more information on commenting on the EA/Draft FONSI.
Government-to-Government Relationship with Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government to Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2:
The NPS has evaluated potential effects on federally recognized
Indian tribes and have determined that there are no potential effects.
Numerous tribes in the area were consulted in the development of the
previous SEIS. Their major concern was to reduce the adverse effects on
wildlife by snowmobiles. This rule does that through implementation of
the guiding requirements and disbursement of snowmobile use through the
various entrance stations.
Clarity of Rule
Executive Order 12866 requires each agency to write regulations
that are easy
[[Page 54084]]
to understand. The NPS invites 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. 7.13 Yellowstone 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?
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 e-mail the comments to this address: [email protected].
Drafting Information: The primary authors of this regulation were
Kym Hall, Special Assistant, National Park Service, Washington DC;
Kevin Schneider, Outdoor Recreation Planner, and John Sacklin,
Management Assistant, Yellowstone National Park; and Gary Pollock,
Management Assistant, Grand Teton National Park.
Public Participation: If you wish to comment, you may submit your
comments by any one of several methods. You may mail comments to Winter
Use Proposed Rule, Yellowstone National Park, P.O. Box 168, Yellowstone
National Park, WY 82190. You may also comment via the Internet at
http://www.nps.gov/yell/winteruse-ea. Finally, you may hand deliver
comments to Winter Use Planning Office, Mammoth Hot Springs,
Yellowstone National Park, Wyoming. All comments must be received by
midnight of the close of the comment period. 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 the NPS withhold their home address from the rulemaking
record, which they 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, the NPS will not
consider anonymous comments. The NPS will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
As noted previously, an EA/Draft FONSI is also open for public
comment. Those wishing to comment on both this proposed rule and the
EA/Draft FONSI should submit separate comments for each. EA/Draft FONSI
comments may be addressed to: Temporary Winter Use Plan EA, P.O. Box
168, Yellowstone National Park, WY 82190. Additional information about
the EA is available online at: http://www.nps.gov/yell/winteruse-ea.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and Recordkeeping
requirements.
The NPS proposes to amend 36 CFR Part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137(1981) and D.C. Code 40-721 (1981).
2. Amend Sec. 7.13 by revising paragraph (l) to read as follows:
Sec. 7.13 Yellowstone National Park.
* * * * *
(l)(1) What is the scope of this regulation? The regulations
contained in paragraphs (l)(2) through (1)(17) of this section are
intended to apply to the use of recreational and commercial
snowmobiles. Except where indicated, paragraphs (1)(2) through (l)(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 those guides who operate as a snowmobile
guide for a fee or compensation and are authorized to operate in the
park under a concession contract. In this section, ``guide'' also means
``commercial guide.''
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 over-snow 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 is 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 1000 pounds (450
kilograms), driven by a track or tracks and steered by skis or 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.
(ii) The authority to operate a snowmobile in Yellowstone National
Park established in paragraph (l)(3)(i) of this section is in effect
only through the winter season of 2006-2007.
(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
[[Page 54085]]
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. In general, catalysts that have exceeded their useful life
must be replaced unless the operator can demonstrate the catalyst is
functioning properly.
(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 (Bombardier snowcoaches manufactured in
1983 or earlier) are not initially required to meet air emissions
restrictions.
(vii) The authority to operate a snowcoach in Yellowstone National
Park established in paragraph (l)(4)(i) of this section is in effect
only through the winter season of 2006-2007.
(5) Must I operate a certain model of snowmobile? Only commercially
available snowmobiles that meet NPS air and sound emissions
requirements 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 requirements identified in paragraph (l)(6)(i) of this section.
(C) The snowmobile test procedures specified by EPA (40 CFR 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 73
dB(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 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 Yellowstone National
Park? 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 through the winter season of 2006-2007:
(i) The Grand Loop Road from its junction with Terrace Springs
Drive to Norris Junction.
(ii) Norris Junction to Canyon Junction.
(iii) The Grand Loop Road from Norris Junction to Madison Junction.
(iv) The West Entrance Road from the park boundary at West
Yellowstone to Madison Junction.
(v) The Grand Loop Road from Madison Junction to West Thumb.
(vi) The South Entrance Road from the South Entrance to West Thumb.
(vii) The Grand Loop Road from West Thumb to its junction with the
East Entrance Road.
(viii) The East Entrance Road from the East Entrance to its
junction with the Grand Loop Road.
(ix) The Grand Loop Road from its junction with the East Entrance
Road to Canyon Junction.
(x) The South Canyon Rim Drive.
(xi) Lake Butte Road.
(xii) In the developed areas of Madison Junction, Old Faithful,
Grant Village, Lake, Fishing Bridge, Canyon, Indian Creek, and Norris.
(xiii) Firehole Canyon Drive between noon and 9 p.m. each day.
(xiv) 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.
(xv) This paragraph (l)(7) also applies to non-administrative
snowmobile use by NPS, contractor or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(xvi) Maps detailing the designated oversnow routes will be
available from Park Headquarters.
(8) What routes are designated for snowcoach use? Authorized
snowcoaches may only be operated on the routes designated for
snowmobile use in paragraphs (l)(7)(i) through (l)(7)(xii) of this
section and the following additional oversnow routes through the winter
season 2006-2007:
(i) Firehole Canyon Drive.
(ii) Fountain Flat Road.
(iii) Virginia Cascades Drive.
(iv) North Canyon Rim Drive.
(v) Riverside Drive.
(vi) That portion of the Grand Loop Road from Canyon Junction to
Washburn Hot Springs overlook.
(vii) 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.
(viii) This paragraph (l)(8) also applies to non-administrative
snowcoach use by NPS, contractor or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(9) Must I travel with a commercial guide while snowmobiling in
Yellowstone and what other guiding requirements apply? (i) All
recreational snowmobile operators must be accompanied by a commercial
guide.
(ii) Snowmobile parties must travel in a group of no more than 11
snowmobiles, including that of the guide.
(iii) Guided parties must travel together within a maximum of one-
third mile of the first snowmobile in the group.
(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 will be limited to a certain
number per entrance or location. The limits are listed in the following
table:
[[Page 54086]]
Table 1.--to Sec. 7.13--Daily Snowmobile Limits
------------------------------------------------------------------------
Total number of
Park entrance/location commercially 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
------------------------------------------------------------------------
(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 (l)(12) 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 (l)(13) 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 (l)(14) 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 or ski-joring is 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.
3. Amend Sec. 7.21 by revising paragraph (a) to read as follows:
Sec. 7.21 John D. Rockefeller, Jr., Memorial Parkway.
(a)(1) What is the scope of this 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 (a) 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
[[Page 54087]]
snowmobile in the Parkway 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.
(ii) The authority to operate a snowmobile in the Parkway
established in paragraph (a)(3)(i) of this section 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. In general, catalysts that have exceeded their useful life
must be replaced unless the operator can demonstrate the catalyst is
functioning properly.
(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 (Bombardier snowcoaches manufactured in
1983 or earlier) are not required to meet air emissions restrictions.
(vii) The authority to operate a snowcoach in the Parkway
established in paragraph (a)(4)(i) of this section 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 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 measure 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? 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:
(i) 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.
(ii) Along U.S. Highway 89/287 from the Snake River Bridge to the
northern boundary of the Parkway.
(iii) Grassy Lake Road from Flagg Ranch to the western boundary of
the Parkway.
(iv) 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.
(v) This paragraph (a)(7) also applies to non-administrative
snowmobile use by NPS, contractor or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(vi) 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)(ii) of
this section. No other routes are open to snowcoach use.
(ii) The Superintendent may open or close this 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 or more of the methods
listed in Sec. 1.7(a) of this chapter.
(iii) This paragraph (a)(8) also applies to non-administrative
snowcoach use by NPS, contractor or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(9) Must I travel with a commercial guide while snowmobiling in the
Parkway, and what other guiding requirements apply? 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 the guide.
(ii) Guided snowmobile parties must travel together within a
maximum of one-third mile of the first snowmobile in the group.
[[Page 54088]]
(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 will be 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 publication in
the Federal Register and 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 (a)(12) 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 (a)(13) 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 (a)(14) 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 or ski-joring is 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.
* * * * *
4. Amend Sec. 7.22 by revising paragraph (g) to read as follows:
Sec. 7.22 Grand Teton National Park.
* * * * *
(g)(1) What is the scope of this 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
[[Page 54089]]
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 (g) 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.
(ii) The authority to operate a snowmobile in Grand Teton National
Park established in paragraph (g)(3)(i) of this section is in effect
only through the winter season of 2006-2007.
(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 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? 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 through the winter season 2006-2007:
(i) 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.
(ii) 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.
(iii) 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.
(iv) This paragraph (g)(7) also applies to non-administrative
snowmobile use by NPS, contractor or concessioner employees, or other
non-recreational users authorized by the Superintendent.
(v) 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 will not be 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 will be 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 of
Road segment/location 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.
(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
[[Page 54090]]
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 (g)(11) 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 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 (g)(12) 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 or ski-joring is 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
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.
(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: August 27, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-20021 Filed 9-3-04; 8:45 am]
BILLING CODE 4312-CT-P