Special Regulations; Areas of the National Park System, 27499-27519 [E7-9351]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Proposed Rules]
[Pages 27499-27519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9351]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD55


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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[[Page 27500]]

SUMMARY: The National Park Service is proposing this rule to manage 
winter visitation and recreational use in Yellowstone and Grand Teton 
National Parks and the John D. Rockefeller, Jr., Memorial Parkway. This 
proposed rule would require that recreational snowmobiles and 
snowcoaches operating in the parks meet certain air and sound 
restrictions, that snowmobilers in Yellowstone be accompanied by a 
commercial guide, and proposes certain revisions to the daily entry 
limits on the numbers of snowmobiles and snowcoaches that may enter the 
parks. Traveling off designated oversnow routes will remain prohibited.

DATES: Comments must be received by July 16, 2007.

ADDRESSES: You may submit your comments, identified by Regulatory 
Information Number 1024-AD55 (RIN), by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Yellowstone National Park, Winter Use Proposed Rule, 
P.O. Box 168, Yellowstone NP, WY 82190.
     Hand Deliver to: Management Assistant's Office, 
Headquarters Building, Mammoth Hot Springs, Yellowstone National Park, 
Wyoming.
    All submissions received must include the agency name and RIN. For 
additional information see ``Public Participation'' under SUPPLEMENTARY 
INFORMATION below.

FOR FURTHER INFORMATION CONTACT: John Sacklin, Management Assistant's 
Office, Headquarters Building, Yellowstone National Park, 307-344-2019 
or at the address listed in the ADDRESSES section.

SUPPLEMENTARY INFORMATION:

Background

    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.
    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). 
That 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, a 
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 issue had not been raised in the lawsuit or its 
resulting settlement agreement and because the NPS did not have any 
reason to doubt the validity of its finding that snowplane use impaired 
park resources.
    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 were 
identified in the preferred alternative. In addition, the final SEIS 
included changes to the alternatives, changes in modeling assumptions 
and analysis, and incorporated additional new information. The 
Intermountain Regional Director signed a ROD 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 likely impair park 
resources or values due to motorized oversnow recreation. On December 
11, 2003, the new

[[Page 27501]]

regulation governing winter use in the parks was published.
    On December 16, 2003, the U.S. District Court for the District of 
Columbia, ruling in Fund for Animals v. Norton, vacated and remanded 
the December 11, 2003, regulation and SEIS. The court effectively 
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. On February 10, 
2004, the U.S. District Court for the District of Wyoming issued a 
preliminary injunction in ISMA v. Norton 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.
    Because it had no clear rules under which to manage the parks for 
the winter season of 2004-2005, the NPS prepared a Temporary Winter Use 
Plans Environmental Assessment in 2004. The temporary plan was intended 
to provide a framework for managing winter use in the parks for a 
period of three years, and was approved in November 2004 with a 
``Finding of No Significant Impact'' (FONSI). An interim rule was 
published in the Federal Register implementing the temporary plan for 
the 2004-2005 winter season. Its provisions include a limit of 720 
snowmobiles per day for Yellowstone and 140 snowmobiles for Grand Teton 
and the Parkway; a requirement that all recreational snowmobiles in 
Yellowstone must be accompanied by a commercial guide; and a 
requirement that all recreational snowmobiles operating in the parks 
must meet Best Available Technology (BAT) requirements for reducing 
noise and air pollution (with limited exceptions at Grand Teton and the 
Parkway).
    The interim rule was effective through the winter season of 2006-
2007, while the NPS is preparing a long-term winter use plan and EIS 
for the park. The proposed rule is issued in conjunction with the 
Winter Use Plans Draft Environmental Impact Statement (DEIS) Thus, 
without a rulemaking , the use of snowmobiles and snowcoaches would not 
be allowed after the 2006-2007 winter season.
    Several litigants filed lawsuits challenging the temporary plan in 
both the District Court in Wyoming and the District Court in the 
District of Columbia. In October 2005, the Wyoming District Court 
upheld the validity of the 2004 temporary winter use rule in The 
Wyoming Lodging and Restaurant Association v. U.S. Department of the 
Interior. Litigation is still pending in the U.S. District Court for 
the District of Columbia and Wyoming, including a lawsuit filed in 2005 
captioned Save Our Snowplanes v. Norton.
    Congress has three times included language in appropriations 
legislation for the Department of the Interior requiring that the 
temporary winter use rules remain in effect for the winter seasons of 
2004-2005, 2005-2006, and 2006-2007.

Park Resource Issues

    The Draft Environmental Impact Statement (DEIS) supporting this 
proposed rule focuses on analyzing the environmental impacts of six 
alternatives for the management of winter use in the parks. The major 
issues analyzed in the DEIS include social and economic issues, human 
health and safety, wildlife, air quality, natural soundscape, visitor 
use and access, and visitor experience. The impacts associated with 
each of the alternatives are detailed in the DEIS and are available at 
the following site: https://parkplanning.nps.gov. Additional information 
is available online at: https://www.nps.gov/yell/planyourvisit/
winteruse.htm and https://www.nps.gov/grte.

Impairment to Park Resources and Values

    In addition to determining the environmental consequences of the 
alternatives, NPS policy 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 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. 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 
snowmobiles 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 impairment of park resources and values. The SEIS and March 25, 2003 
ROD reinforced these conclusions.
    On November 10, 2004, the NPS published a final rule in the Federal 
Register implementing Alternative 4 of the Temporary Winter Use Plans 
Environmental Assessment. Publication of the rule was preceded by a 
Finding of No Significant Impact in which the NPS determined that the 
winter use activities allowed in the parks under Alternative 4 would 
not result in the impairment of park resources or values. Under the 
temporary plan, winter use

[[Page 27502]]

activities are intensively managed in order to prevent the impairment 
of park resources and values. The plan employs strict requirements on 
snowmobiles and snowcoaches, along with a comprehensive monitoring 
program. Monitoring efforts include air quality, natural soundscapes, 
wildlife, employee health and safety, and visitor experience. Daily 
entry limits have been established that represent use levels slightly 
below the historic average numbers of snowmobiles entering Yellowstone, 
while eliminating the much higher peak use days experienced in the 
past. Limits on the numbers of snowmobiles have resulted 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.
    Under the temporary plan, all snowmobilers entering Yellowstone 
were accompanied by a commercial guide. This requirement reduced 
conflicts with wildlife along roadways because guides are trained to 
lead visitors safely around the park with minimal disturbance to 
wildlife. Commercial guides must also have control over their 
clientele, which greatly reduces unsafe and illegal snowmobile use. In 
this way, guides ensure that park regulations are enforced and provide 
a safer experience for visitors. The requirement that all snowmobilers 
travel with commercial guides also benefits natural soundscapes, since 
commercially guided parties tend to travel in relatively large groups, 
resulting in longer periods when snowmobile sound is not audible.
    Finally, the temporary plan requires that all recreational 
snowmobiles entering the parks meet best available technology (BAT) 
requirements. This requirement, along with air emissions requirements 
for snowcoaches, ensures that the vast majority of recreational over-
snow vehicles operating in the parks employ current emissions control 
equipment, and has resulted in improvements in air quality and natural 
soundscapes.
    This proposed rule is based on Alternative 1 of the DEIS and in 
large part on the November 10, 2004 rule implementing the temporary 
winter use plan currently in effect. The NPS believes implementation of 
Alternative 1 and the proposed rule would not result in the impairment 
of park resources or values for the same reasons as described above.
    This proposed rule is issued in conjunction with the Winter Use 
Plans Draft Environmental Impact Statement (DEIS) and will ensure that 
visitors to the parks have an appropriate range of winter recreational 
opportunities. 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 proposal 
provides a structure for winter use management in the parks and will 
replace an interim rule that has been in effect since the winter season 
of 2004-2005. The Rule is intended to continue providing certainty 
about winter use management in the parks that has existed for the last 
several years among the public and local communities.

Description of the Proposed Rule

    The DEIS analyzes six alternatives with regard to winter use. These 
regulations propose to implement Alternative 1 from the DEIS. 
Alternative 1 and the proposed regulations are similar in most respects 
to the temporary winter use plan and the rules that guide its 
implementation. Thus, many of the regulations regarding operating 
conditions, designated routes, and restricted hours of operation have 
been in effect and enforced by the NPS for several years under the 
authority of 36 CFR part 7 or 36 CFR 1.5. Other aspects of the proposed 
rule are new, including new requirements to utilize Best Available 
Technology for snowcoaches, certain changes to the designated routes 
that are open to oversnow vehicle use, and adjustments to the daily 
entry limits.
    The NPS has found that the interim regulations that have been in 
effect for the past three winter seasons have resulted in quieter 
conditions, clean air, fewer wildlife impacts, and much improved 
visitor safety and experiences. The NPS believes that these proposed 
regulations will continue to produce similar results.

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 these studies indicate that human 
presence or activities have a substantial adverse 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. Most non-emergency changes in park management 
implemented under the adaptive management framework would be 
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, the 
NPS is proposing to continue the requirement that all recreational 
snowmobiles meet air and sound emission restrictions, hereafter 
referred to as Best Available Technology (BAT) restrictions, to operate 
in the parks, with limited exceptions. 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 73dB(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. For the winter of 2006-2007, the NPS certified 
35 different snowmobile models (from various manufacturers; model years 
2002-2007) as meeting the BAT requirements. The BAT certification is 
good for six years from the date on which a model is certified as 
meeting the BAT requirements.
    To comply with the BAT air emission restrictions, the NPS proposes 
to continue the requirement that began with the 2005 model year, that 
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. 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 
the NPS.
    The NPS proposes to retain the use of the FEL method for 
demonstrating compliance with BAT requirements 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

[[Page 27503]]

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 requirements and therefore not permitted to enter 
the parks). Use of FEL will also represent the least amount of 
administrative burden on the snowmobile manufacturers to demonstrate 
compliance with NPS BAT requirements because FEL data is already 
provided to EPA by the manufacturers. 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, the 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. The NPS recognizes 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 
initially established using 1985 test procedures (in addition to 
information provided by industry and modeling). Therefore, to be 
consistent with our BAT requirements, we will continue to use the 1985 
test. We also understand that an update to the 2003 J192 procedures may 
be underway. We are interested in transitioning to the newer 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 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 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. Testing data indicates that 
snowmobiles test quieter at high elevation, and therefore may be able 
to pass our BAT requirements at higher elevations but fail when tests 
are conducted near sea level.
    NPS will annually publish a list of snowmobile makes, models, and 
year of manufacture that meet BAT restrictions. 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 their 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. 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. It would be the 
responsibility of the end users, and guides and outfitters to ensure 
that their oversnow vehicles, whether snowmobiles or snowcoaches, 
comply with all applicable restrictions. Emission and sound 
requirements for snowcoaches are described below. 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 responsible under their 
contracts with the park to ensure that their clients' use only BAT 
snowmobiles. In addition, these businesses are required to 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.
    All commercially guided recreational snowmobiles operating within 
YNP would be required to meet the BAT restrictions. Snowmobiles being 
operated on the Cave Falls road, which extends approximately one mile 
into the park from the adjacent national forest, would be exempt from 
BAT requirements. In GTNP and the Parkway, all recreational snowmobiles 
operating on the Continental Divide Snowmobile Trail (CDST), Jackson 
Lake, and the Grassy Lake Road must meet the BAT restrictions, with two 
exceptions. The first exception is for snowmobiles operating on the 
portion of the CDST between the east boundary of GTNP and

[[Page 27504]]

Moran Junction. Because this portion of the CDST passes in and out of 
the park boundary and is generally adjacent to other public and private 
lands where snowmobile use is permitted, this section is being managed 
similarly to other routes where non-BAT snowmobile use is allowed in 
order to provide access to adjacent public and private lands. The 
second exception is for the Grassy Lake Road, where snowmobiles 
originating in the Targhee National Forest would be allowed to travel 
eastbound to Flagg Ranch and return westbound without meeting the BAT 
requirement; however, these snowmobiles could not travel further into 
the Parkway than Flagg Ranch. The NPS is allowing this exception in 
order to ensure that visitors to the remote Grassy Lake area of the 
Targhee National Forest are able to access food, fuel, emergency 
services, 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.
    The University of Denver conducted winter emissions measurements in 
YNP that involved the collection of emissions data from in-use 
snowcoaches and snowmobiles in February 2005 and February 2006. Results 
from that work indicate that while most snowcoaches have lower 
emissions per person than two-stroke snowmobiles, the snowcoach fleet 
could be modernized to reduce carbon monoxide (CO) and hydrocarbon (HC) 
emissions. This work also supports snowmobile BAT and the development 
of snowcoach air emission requirements.
    Under concessions contracts issued in 2003, 78 snowcoaches are 
currently authorized to operate in Yellowstone. Approximately 29 of 
these snowcoaches were manufactured by Bombardier and were designed 
specifically for oversnow travel. Those 29 snowcoaches were 
manufactured before 1983 and are referred to as ``historic 
snowcoaches'' for the purpose of this rulemaking. All other snowcoaches 
are passenger vans or light buses that have been converted for oversnow 
travel using tracks and/or skis. During the winter of 2005-2006, an 
average of 29 snowcoaches entered Yellowstone each day.
    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 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.
    Beginning in the 2011-2012 season, all snowcoaches must meet air 
emission requirements, which will be the functional equivalent of 
having EPA Tier I emissions control equipment incorporated into the 
engine and drive train for the vehicle class (size and weight) as a 
wheeled vehicle. The NPS will encourage, through contract and permit, 
snowcoaches to have EPA Tier II emissions control equipment for the 
vehicle class. In addition, all critical emission and sound-related 
exhaust components that were originally installed by the manufacturer 
must be in place and functioning properly. Malfunctioning components 
must be replaced with original equipment manufacturer (OEM) components 
where possible. If OEM parts are not available, aftermarket parts may 
be used if they are certified not to worsen emission and sound 
characteristics from OEM levels. In general, catalysts that have 
exceeded their typical useful life as stated by the manufacturer must 
be replaced unless the operator can demonstrate the catalyst is 
functioning properly.
    Beginning in the 2011-2012 season, snowcoaches must meet a sound 
emissions requirement of no greater than 73dBA; test procedures to be 
determined by the NPS.
    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 
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 now uses these snowmobiles for most administrative uses. 
However, NPS recognizes that some administrative applications, such as 
off-trail boundary patrols in deep powder, towing heavy equipment or 
disabled sleds, search and rescue, 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 and wildlife, and for 
visitor and employee safety, all recreational snowmobiles operated in 
YNP must be accompanied by a commercial guide, except for those being 
operated on the one-mile segment of the Cave Falls road that extends 
into the park from the adjacent national forest. This guiding 
requirement will reduce conflicts with wildlife along roadways because 
guides are trained to lead visitors safely around the park with minimal 
disturbance to wildlife. Commercially guided parties also 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 are required to exercise reasonable 
control over their clientele, which has proven to greatly reduce unsafe 
and illegal snowmobile use. Commercial guides with contractual 
obligations to the NPS also allows for 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

[[Page 27505]]

telephones, radios, and other equipment for emergency use. In this way, 
guides will ensure that park regulations are enforced and will provide 
a safer experience for visitors.
    Since the winter of 2003-2004, all snowmobilers in Yellowstone have 
been led by commercial guides, resulting in significant positive 
effects on visitor health and safety. Guides are effective at enforcing 
proper touring behavior, such as adherence to speed limits, staying on 
the groomed road surfaces, and other snowmobiling behaviors that are 
appropriate to safely and responsibly visit the park. Since 
implementation of the guiding program there have been pronounced 
reductions in the number of law enforcement incidents and accidents 
associated with the use of snowmobiles, even when accounting for the 
reduced number of snowmobilers relative to historic use levels. The use 
of guides has also had beneficial effects on wildlife since guides are 
trained to respond appropriately when encountering wildlife.
    No more than eight snowmobiles would be permitted in a group with 
one commercial guide; no more than 17 snowmobiles would be permitted in 
a group with two commercial guides on separate snowmobiles. Group 
numbers include the guide's machine. Individual snowmobiles may not be 
operated separately from a group within the park. The maximum group 
sizes of eight and 17 were established so that no one party would be so 
large that a single guide, or in the case of a larger group two guides, 
could not safely direct and manage all party members. No minimum group 
size requirement is necessary since commercially guided parties always 
have at least two snowmobiles--that of the guide and the customer.
    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 ensure that guided parties do not 
become separated. One-third mile will allow for sufficient and safe 
spacing between individual snowmobiles within the guided party, allow 
the guide(s) to maintain control over the group and minimize the 
impacts on wildlife and natural soundscapes.
    In the Parkway, all snowmobile parties traveling north from Flagg 
Ranch must be accompanied by a commercial guide. Otherwise, 
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 nature of 
the CDST, as well as the inter-agency jurisdiction on the Grassy Lake 
Road.

Designated Routes

    In Yellowstone, a number of changes are proposed in routes 
designated for snowmobile use based on analyses in the Draft EIS and 
experience with the temporary plan over the past three winters. Certain 
additional side roads will be open for snowmobile use in the 
afternoons, based on the successful experience of NPS with this time of 
day use on Firehole Canyon Drive. Virginia Cascades would be accessible 
only via ski and snowshoe, returning it to an earlier type of non-
motorized use. As of the 2008-2009 winter season, the East Entrance 
road would be closed to through travel by oversnow vehicles in order to 
address the avalanche risk at Sylvan Pass that cannot be reasonably 
mitigated. The one-year delay in implementing the change on the East 
Entrance road is proposed in response to comments received from 
cooperating agencies who expressed concern for communities and 
businesses to make appropriate adjustments. Reallocation of snowmobile 
numbers to reflect the change at the East Entrance would also be 
delayed until 2008-2009.

Daily Snowmobile Limits

    The number of snowmobiles and snowcoaches 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. The daily entry limits for snowmobiles and snowcoaches in 
Yellowstone are identified in Table 1, and for Grand Teton and the 
Parkway in Table 2. Use limits identified in Table 1 include guides 
since commercial guides are counted towards the daily limits. For 
Yellowstone, the daily limits are identified for each entrance and 
location; for Grand Teton 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 a park concessioner provides snowmobile rentals and 
commercial guiding services originating there. The limits for the North 
Entrance and Old Faithful allow additional flexibility in offering 
visitors the opportunity to experience the park. For example, some 
visitors choose to enter the park on a snowcoach tour, spend two or 
more nights at the Old Faithful Snow Lodge, and go on a commercially 
guided snowmobile tour of the park during their stay at Old Faithful.

    Table 1.--Yellowstone Daily Snowmobile and Snowcoach Entry Limits
------------------------------------------------------------------------
                                           Commercially    Commercially
                Entrance*                     guided          guided
                                            snowmobiles     snowcoaches
------------------------------------------------------------------------
West Entrance...........................             424              34
South Entrance**........................             256              13
East Entrance...........................               0            ***0
North Entrance..........................              20              13
Old Faithful............................              20          \1\ 18
Cave Falls..............................          ****50              0
------------------------------------------------------------------------
*For the winter of 2007-2008 only, the following allocations would be in
  effect: West Entrance, 400; South Entrance, 220; East Entrance, 40;
  North Entrance, 30; and Old Faithful, 30.
**Includes portion of the Parkway between Flagg Ranch and South
  Entrance.
***Does not include a limited number of snowcoaches that would be
  allowed to provide skier shuttles between East Entrance and Sylvan
  Pass.
****This use occurs on a short (approximately 1-mile segment) of road
  and is incidental to other snowmobiling activities in the Targhee
  National Forest. These users do not have to be accompanied by a guide.
 
\1\ Parkwide.


[[Page 27506]]


   Table 2.--Grand Teton and the Parkway Daily Snowmobile Entry Limits
------------------------------------------------------------------------
                        Entrance                            Snowmobiles
------------------------------------------------------------------------
CDST*...................................................              50
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.

    The purpose of these daily entry limits is to impose strict limits 
on the numbers of snowmobiles and snowcoaches 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 in peak day use, and are slightly 
less than the historic seasonal daily average of Yellowstone entries. 
These limits would reduce snowmobile usage well below historic levels 
that were of particular concern in the 2000 ROD.
    The daily snowmobile and snowcoach limits are based on the analysis 
contained in the DEIS, which concluded that these limits, combined with 
other elements of this rule, would prevent unacceptable impacts thus 
preventing impairment to park resources and values while allowing for 
an appropriate range of experiences available to park visitors.

Section-by-Section Analysis

Section 7.13(l)(2) What terms do I need to know?

    The NPS has included definitions for a variety of terms, including 
oversnow vehicle, designated oversnow route, and commercial guides. 
These definitions are also applicable to Grand Teton and the Parkway, 
Sec.  7.22(g)(2) and Sec.  7.21(a)(2), respectively. For snowmobiles, 
NPS is continuing to use the definition found at 36 CFR 1.4, and sees 
no need to alter that definition at this time. Earlier regulations 
specific to Yellowstone, Grand Teton and the Parkway referenced 
``unplowed roadways'' but that terminology was changed to ``designated 
oversnow routes'' to more accurately portray the condition of the route 
being used for oversnow travel. These routes remain entirely on roads 
or water surfaces used by motor vehicles and motorboats during other 
seasons and thus are consistent with the requirements in Sec.  2.18 . 
Earlier regulations also referred only to snowmobiles or snowcoaches. 
Since there is a strong likelihood that new forms of machines will be 
developed in the future that can travel on snow, a definition for 
``oversnow vehicle'' was developed to ensure that such new technology 
is subject to this 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)(2) will apply to all three 
parks. These definitions may be clarified in future rulemakings based 
on changes in technology.

Section 7.13(l)(3) May I operate a snowmobile in Yellowstone National 
Park?

    The authority to operate a snowmobile within Yellowstone, subject 
to use limits, guiding requirements, operating hours and dates, 
equipment requirements, and operations established elsewhere in this 
section, is provided in Sec.  7.13(l)(3). Similarly, it is provided for 
Grand Teton in Sec.  7.22(g)(3) and for the Parkway in Sec.  
7.21(a)(3). Limitations in the 2004 rule that terminated the authority 
to operate snowmobiles (and snowcoaches) in the Parks following the 
winter season of 2006-2007 have been removed.

 Section 7.13(l)(4) May I operate a snowcoach in Yellowstone National 
Park?

    This paragraph continues the authority to operate snowcoaches in 
Yellowstone, but requires that they be commercially operated under a 
concessions contract. Similarly, the authority to operate snowcoaches 
in the Parkway is provided in Sec.  7.21(a)(4). For Grand Teton, Sec.  
7.22(g)(4) continues the current prohibition on the operation of 
snowcoaches.
    The NPS proposes to establish entry requirements for snowcoaches 
relating to both air emissions and noise. Initially, the NPS would 
continue to require non-historic snowcoaches to meet the applicable EPA 
emission standards for the vehicle at the time it was manufactured. 
Beginning with the 2011-2012 season, all snowcoaches, both historic and 
non-historic, would be required to meet the functional equivalent of 
having EPA Tier 1 emissions control equipment incorporated into the 
engine and drive train for the vehicle class (size and weight) as a 
wheeled vehicle. Also beginning with the 2011-2012 season, all 
snowcoaches would be required to meet a sound emissions requirement of 
no greater than 73 dBA.

 Section 7.13(l)(5) Must I operate a certain model of snowmobile?

    This paragraph continues the requirement that only commercially 
available snowmobiles that meet NPS air and sound emissions 
requirements may be operated in Yellowstone. Similarly, this 
requirement is described for Grand Teton and the Parkway in Sec.  
7.22(g)(5) and Sec.  7.21(a)(5), respectively.

 Section 7.13(l)(6) How will the Superintendent approve snowmobile 
makes, models, and year of manufacture for use in the park?

    The NPS is not proposing any changes to the hydrocarbon and carbon 
monoxide emissions requirements for snowmobiles operating in the park. 
Snowmobiles must be certified under 40 CFR part 1051 to a Family 
Emission Limit (FEL) no greater than 15 g/kW-hr for hydrocarbons and an 
FEL no greater than 120 g/kW-hr for carbon monoxide. Changes are not 
proposed to the current requirement that snowmobiles must operate at or 
below 73 dBA.
    For Grand Teton and the Parkway, the same requirements are 
contained in Sec.  7.22(g)(6) and Sec.  7.21(a)(6), respectively.

Section 7.13 (l)(7) Where may I operate my snowmobile in Yellowstone 
National Park?

    See also Sec.  7.22 (g)(7) and Sec.  7.21 (a)(7) for Grand Teton 
and the Parkway. Specific routes are listed where snowmobiles may be 
operated, 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, for example, 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, and in 
the interest of public safety and protection of park resources.
    The proposed rule would designate that portion of the East Entrance 
Road in Yellowstone between Fishing Bridge Junction and Lake Butte 
Overlook as open for use by snowmobiles and snowcoaches. The remaining 
portion of the road, however, between the East Entrance and Lake Butte 
Overlook would not be open to oversnow vehicle

[[Page 27507]]

use, except for the 6-mile section between the East Entrance and Sylvan 
Pass which would remain open to snowcoaches only. The NPS proposes this 
change in recognition of the significant avalanche hazards that exist 
at Sylvan Pass that cannot be safely or cost effectively mitigated.
    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 Continental Divide Snowmobile Trail 
to Jackson Lake, and use limits established for each area are entirely 
separate.

 Section 7.13(l)(8) What routes are designated for snowcoach use?

    See also Sec.  7.21(a)(8) for the Parkway. In addition to the 
specific routes open to snowmobile use, snowcoaches may be operated on 
several other specific routes in Yellowstone. 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, and in the interest of public safety and protection of park 
resources.
    The NPS proposes to designate that portion of the East Entrance 
Road in Yellowstone between Fishing Bridge Junction and Lake Butte 
Overlook as open for use by both snowmobiles and snowcoaches. The 
remaining portion of the road, however, between the East Entrance and 
Lake Butte Overlook would not be open to oversnow vehicle use, except 
for the 6-mile section between the East Entrance and Sylvan Pass which 
would remain open to snowcoaches only. The NPS proposes this change in 
recognition of the significant avalanche hazards that exist at Sylvan 
Pass that cannot be safely or cost effectively mitigated. The segment 
of road between the East Entrance and Sylvan Pass is a popular 
destination for cross country skiers, although there is a significant 
gain in elevation between the two points. By designating that portion 
of the road as open to snowcoaches, a skier shuttle could be provided, 
thereby enhancing opportunities for skiing without exposing snowcoaches 
and their passengers to the hazards of crossing the pass itself. This 
change would not occur until the winter of 2008-2009.

 Section 7.13(l)(9) Must I travel with a commercial guide while 
snowmobiling in Yellowstone?

    See also Sec.  7.22(g)(8) and Sec.  7.21(a)(9) for Grand Teton and 
the Parkway. The NPS is proposing to retain the requirement that all 
recreational snowmobile operators in Yellowstone be accompanied by a 
commercial guide. Similar to the previous rule, parties must travel in 
groups of no more than eight snowmobiles including that of the guide, 
however, the NPS is proposing to allow groups of up to 17 snowmobiles 
if two guides are present on separate snowmobiles.
    No changes are being proposed regarding guiding requirements for 
Grand Teton and the Parkway, where guides are not currently required 
except in the Parkway on the route between Flagg Ranch and the South 
Entrance of Yellowstone.

 Section 7.13(l)(10) Are there limits established for the numbers of 
snowmobiles and snowcoaches permitted to operate in the park each day?

    The NPS is not proposing to change the total of 720 snowmobiles per 
day allowed to enter Yellowstone, or the total of 140 per day that are 
allowed in Grand Teton (see Sec.  7.22(g)(9)) and the Parkway (see 
Sec.  7.21(a)(10)). The specific daily entry limits for each of 
Yellowstone's entrances, however, have been adjusted somewhat, 
primarily to reallocate the 40 snowmobiles per day beginning in 2008-
2009 that were previously allocated to the East Entrance, but which 
would not be allowed under this proposed rule.
    The NPS is also proposing to establish a daily entry limit of 78 
snowcoaches for Yellowstone. Although a regulatory limit is new this 
conforms to the existing number authorized in concession contracts and 
reflects consideration of the analyses of impacts in the DEIS.

 Section 7.13(l)(11) When may I operate my snowmobile or snowcoach?

    See also Sec.  7.22(g)(10) and Sec.  7.21(a)(11) for Grand Teton 
and the Parkway. The NPS is not proposing any changes to the methods 
that the Superintendent would use to determine operating hours and 
dates.

 Section 7.13 (l)(12) What other conditions apply to the operation of 
oversnow vehicles?

    This section includes a variety of requirements regarding the 
operation of snowmobiles in the parks, such as drivers' license and 
registration requirements, operating procedures, requirements for 
headlights, brakes and other safety equipment, length of idling time, 
towing of sleds, and other requirements related to safety and resource 
impact considerations. No changes are being proposed in this section 
from the previous regulations. See also Sec.  7.22(g)(11) for Grand 
Teton and Sec.  7.21(a)(12) for the Parkway.

 Section 7.13 (l)(13) What conditions apply to alcohol use while 
operating an oversnow vehicle?

    The NPS is proposing no changes to the conditions applicable to the 
use of alcohol while operating oversnow vehicles. Although the 
regulations in 36 CFR 4.23 apply to oversnow vehicles, a provision was 
included in the 2004 regulations 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 such a general 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 more passengers in a vehicle with tracks or skis that is 
more challenging to operate than a wheeled vehicle, and on oversnow 
routes that could pose significant hazards should the driver not be 
paying close attention or have impaired judgment. 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 
judgment 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 continuing to 
require 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

[[Page 27508]]

guides. This is consistent with federal and state rules pertaining to 
BAC thresholds for someone with a commercial drivers license.
    The same conditions apply within Grand Teton and the Parkway; see 
Sec.  7.22(g)(12) and Sec.  7.21(a)(13), respectively.

 Section 7.13 (l)(14) Do other NPS regulations apply to the use of 
oversnow vehicles?

    See also Sec.  7.22(g)(13) and Sec.  7.22(a)(14) for Grand Teton 
and the Parkway, respectively. The NPS is not proposing any changes to 
the applicability of other NPS regulations concerning oversnow vehicle 
use.
    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) in that it prohibits the 
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.

 Section 7.13 (l)(15) Are there any forms of non-motorized oversnow 
transportation allowed in the park?

    See also Sec.  7.22(g)(14) and Sec.  7.21(a)(15) for Grand Teton 
and the Parkway, respectively. Non-motorized travel consisting of 
skiing, skating, snowshoeing, and walking are generally permitted. 
Yellowstone and Grand Teton have 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 and would be 
reaffirmed under these regulations.

Section 7.13 (l)(16) May I operate a snowplane in Yellowstone National 
Park?

    See also Sec.  7.22(g)(15) and Sec.  7.21(a)(16) for Grand Teton 
and the Parkway. Before 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 and incorporated by 
reference into three subsequent rulemaking processes including the 
DEIS, the NPS found that the use of snowplanes results in impairment of 
the natural soundscape and opportunities for enjoyment of the park by 
visitors in violation of the NPS Organic Act. Additionally, with their 
unguarded propellers and high travel speeds, snowplanes present 
unacceptable safety risks. Accordingly, snowplanes have been banned 
since 2001. To date, NPS is not aware of any new or additional 
information regarding snowplanes that would suggest their use would not 
impair park resources and values. As a result, and to avoid any 
uncertainty based on their previous use on Jackson Lake, this proposed 
rule includes language that specifically continues the prohibition of 
snowplanes in each of these parks.

 Section 7.13 (l)(17) Is violating any of the provisions of this 
section prohibited?

    Some magistrates have interpreted the lack of a specific 
prohibitory statement in regulations 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. See also Sec.  7.22(g)(20) and Sec.  
7.21(a)(17) for Grand Teton and the Parkway.

Section 7.22(g)(16) May I continue to access public lands via 
snowmobile through the park?

    The NPS is proposing to continue providing access to public lands 
that are adjacent to Grand Teton National Park, consistent with the 
requirements found in the park's enabling legislation. Specific routes 
are designated to provide such access; the requirements established for 
air and sound emissions, guiding and licensing, snowmobile operator 
age, and daily entry limits do not apply on these routes. Section 
7.22(g)(17) specifies that the routes designated in Sec.  7.22(g)(16) 
may be used only to gain direct access to public lands located adjacent 
to the park boundary.

Section 7.22(g)(18) May I continue to access private property within