Special Regulations; Areas of the National Park System, 65784-65804 [E8-26447]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Proposed Rules]
[Pages 65784-65804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26447]



[[Page 65784]]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD73


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior

ACTION: Proposed rule.

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SUMMARY: The National Park Service is proposing this rule to manage 
winter visitation and recreational use in Yellowstone National Park for 
an interim period of three winter seasons commencing with the 2008-2009 
season. The proposed rule would also establish the framework for the 
long-term management of winter use in Grand Teton National Park and the 
John D. Rockefeller, Jr., Memorial Parkway. This proposed rule would 
require that most recreational snowmobiles and snowcoaches operating in 
the parks meet certain air and sound requirements, and that 
snowmobilers in Yellowstone be accompanied by a commercial guide. It 
also proposes 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 November 20, 2008.

ADDRESSES: You may submit your comments, identified by Regulatory 
Information Number 1024-AD73 (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 under the guidance provided by a number of sources. The 
history of the issue has been discussed at length in previous notices, 
most recently at 72 FR 70781 (Dec. 13, 2007) and in the 2008 Winter Use 
Plans Environmental Assessment (2008 EA).
    In 2003-2004, the U.S. District Courts for the District of Columbia 
and the District of Wyoming vacated the prior winter use plans and 
implemented special regulations that had been promulgated in 2003 and 
in 2000-01, respectively. Subsequently, the NPS prepared a Temporary 
Winter Use Plans Environmental Assessment in 2004. The 2004 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). A final rule was 
published in the Federal Register implementing the 2004 Plan beginning 
with the 2004-2005 winter season (69 FR 65360). Its provisions imposed 
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 
(hereinafter referred to as air and sound emissions requirements) for 
reducing noise and air pollution (with limited exceptions at Grand 
Teton and the Parkway). With these limits and requirements, the NPS did 
not find impairment to park resources and values in its 2004 decision 
and did not evaluate impairment at higher levels.
    The 2004 rule provided the framework for management of winter use 
in the Parks from December 2004 through the winter season of 2006-2007, 
during which time the NPS prepared a long-term winter use plan and EIS 
for the parks.
    Several litigants filed lawsuits challenging the 2004 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 winter use rule in The Wyoming Lodging and 
Restaurant Association v. U.S. Department of the Interior. Congress on 
three occasions included language in appropriations legislation for the 
Department of the Interior requiring that the 2004 winter use rules 
remain in effect for the winter seasons of 2004-2005, 2005-2006, and 
2006-2007. As a result of the legislative actions, on September 24, 
2007, the DC District Court dismissed as moot the pending claims 
against the 2004 Plan.
    Scoping for the new long-term plan began in June 2005, a Draft 
Environmental Impact Statement was released in March 2007, and a 
proposed rule reflecting the preferred alternative in the DEIS was 
published in May 2007. A Final Environmental Impact Statement was 
released in September 2007, and a Record of Decision was signed in 
November 2007 (later amended on July 16, 2008). The Final Rule 
implementing the decision was published in the Federal Register on 
December 13, 2007 (72 FR 70781).
    The decision provided a framework for long-term management of 
winter use in the Parks that was similar in many ways to that which 
occurred under the 2004 Plan, although with lower daily snowmobile 
entry limits for Yellowstone. A maximum daily limit of 540 snowmobiles 
meeting air and sound emission requirements was mandated for 
Yellowstone, along with a requirement that all snowmobilers must be 
accompanied by a commercial guide. A limit of 83 snowcoaches per day 
was established, with air and sound emission requirements implemented 
by the winter season of 2011-2012. For Grand Teton and the Parkway, the 
decision imposed a limit of 40 snowmobiles on Jackson Lake in order to 
provide ice fishing access, and 25 snowmobiles on the Grassy Lake Road 
in order to provide access to and from the adjoining Targhee National 
Forest. While these limits were well within the range of discretion for 
the agency to adopt, these limits again did not reflect any legal 
``cap'' on any future limits adopted by the agency. In order to provide 
continuity during the transition from the 2004 Plan, the first season 
under the 2007 Plan was managed in virtually the same way as had been 
in effect under the 2004 Plan.
    Shortly after the NPS published the 2007 Final Rule, the National 
Parks Conservation Association, Greater Yellowstone Coalition, and 
several other environmental groups filed lawsuits in the U.S. District 
Court for the District of Columbia. The plaintiffs challenged the 
adequacy of the analysis supporting the decision, and alleged that the 
NPS had violated the 1916 Organic Act and other laws, policies, and 
regulations governing management of the Parks. In particular, the 
plaintiffs argued that a daily limit of 540 snowmobiles in Yellowstone 
would cause irreparable harm and that snowmobiles should be eliminated 
in favor of snowcoach-only access to the park.

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    Concurrently, the State of Wyoming and others filed lawsuits in the 
U.S. District Court for the District of Wyoming, also challenging the 
2007 FEIS, ROD, and Final Rule. The plaintiffs in the Wyoming District 
Court challenged the decision regarding the requirements for commercial 
guiding, and argued that the NPS Organic Act compels the NPS to allow 
at least 720 snowmobiles per day in Yellowstone. The plaintiffs also 
challenged the decision to use full-forecasting only for the management 
of Sylvan Pass.
    In accordance with the 2007 Record of Decision, the NPS met with 
the community of Cody and the State of Wyoming to further explore 
options for management of Sylvan Pass. Those discussions resulted in an 
agreement in June 2008, and a ROD amendment on July 16, 2008, calling 
for use of forecasting and helicopter and howitzer-dispensed explosives 
to manage avalanche danger at Sylvan Pass. The pass would also be open 
for a limited, core season.
    On September 15, 2008, the DC District Court issued a decision 
granting summary judgment for the plaintiffs and ordered the 2007 Final 
Rule, ROD, and FEIS to be vacated and remanded to the NPS for further 
proceedings consistent with the Court's opinion. The DC District Court 
order is not final, and the decision whether to appeal that order is 
currently under consideration. Although litigation is still pending in 
the Wyoming District Court, the vacatur by the DC Court, if it becomes 
final, would result in the 2004 Rule being reinstated since it was the 
rule in effect that was replaced by the 2007 Rule. The 2004 Rule did 
not have an expiration date, though it has often been referred to as 
the ``temporary rule.'' The intent of the NPS was that it would be 
superseded after 3 years by a long-term rule. The 2004 Rule had 10 
specific provisions within it that actually authorized the use of 
snowmobiles and snowcoaches in the Parks, but only through the winter 
of 2006-2007. Thus, while the 2004 Rule is currently in effect as a 
result of the vacatur and remand, it provides no authority to operate 
either snowmobiles or snowcoaches in the Parks. As a result of the 
terms of the 2004 rule, the NPS does not have the administrative 
authority after 2007 to amend the rule or otherwise authorize the use 
of either snowmobiles or snowcoaches except through another rulemaking 
process.
    In light of the significant disruption that would be caused to 
persons planning to visit the Parks this winter, and to communities and 
businesses that would be severely affected, the NPS has determined that 
in order to restore the authority to allow oversnow vehicle use of the 
Parks, a new Interim Winter Use Plan supported by an environmental 
assessment is required. The parks' Congressional delegation, as well as 
others, requested the NPS administratively address provision of 
motorized winter use. This proposed rule is based on the preferred 
alternative identified in the 2008 Winter Use Plans Environmental 
Assessment that is concurrently available for public review and 
comment. If promulgated, this rule would govern winter use in 
Yellowstone from 2008-2011 and would provide long term direction for 
Grand Teton and the Parkway. During this time, NPS will determine a 
long-range strategy for Yellowstone winter use.

Park Resource Issues

    The Environmental Assessment supporting this proposed rule analyzes 
the environmental impacts of two alternatives for the management of 
winter use in the parks. The major issues analyzed in the EA 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 EA 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 and Conservation of 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. As 
NPS Management Policies explain (1.4.7.1), ``Virtually every form of 
human activity that takes place within a park has some degree of effect 
on park resources or values, but that does not mean the impact is 
unacceptable or that the particular use must be disallowed.'' 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 responsible NPS manager 
generally has significant discretion to determine what impacts are 
allowed that would not impair park resources.
    The NPS is also required to conserve the resources and values of 
the National Park System units and to prioritize the conservation of 
park resources over their use whenever the two are found to be in 
conflict. The NPS complies with this mandate by ensuring that a 
proposed use of the parks will not result in unacceptable impacts to 
park resources and values, and by further allowing impacts to park 
resources only when allowing the impacts is appropriate to fulfill the 
purposes of the park and necessary (meaning that the impacts are 
unavoidable and incapable of further mitigation in light of the 
authorized appropriate use).
    The 2001 Rule 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, it 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 2003 SEIS, 2004 EA, and 2007 EIS reinforced these 
conclusions.
    Over the last four winter seasons, the parks were intensively 
managed in order to provide a heightened protection to the environment 
and prevent the impairment of park resources and values. The 2004 plan 
guided the first three seasons, while the 2007 plan guided the 2007-
2008 season under essentially the same rules. Thus, even though two 
separate and distinct rules governed winter use of the Parks during 
this 4-year period, for brevity that period of time will simply be 
referred to hereinafter as being guided by the ``2004 plan.''
    During this time, the cumulative number of snowmobiles entering the 
parks was much less than the number under the allowable daily limits. 
In Yellowstone, use averaged somewhat less than 300 snowmobiles per 
day, with a peak of 557, well under the daily limit of 720. Actual 
numbers in Grand Teton and the Parkway were only a small fraction of 
what was allowed, and therefore only a fraction of what the park 
managers had determined to be well within the legally permissible 
impact.
    During this 4-year period, there were strict requirements on 
snowmobiles and snowcoaches, along with a comprehensive monitoring 
program. Monitoring efforts focused on air

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quality, natural soundscapes, wildlife, employee health and safety, and 
visitor experience. Daily entry limits were established that 
represented use levels slightly below the historic average numbers of 
snowmobiles entering Yellowstone, thereby eliminating the much higher 
peak use days experienced in the past. The reduced numbers of 
snowmobiles contributed to fewer conflicts with wildlife, fewer air and 
noise emissions, and improved road conditions. Limits on the numbers of 
snowmobiles also provided park managers with more predictable winter 
use patterns and an assurance that use could not increase.
    Under the 2004 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 observed 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 2004 plan required that all recreational snowmobiles 
entering the parks meet NPS air and sound emissions requirements. This 
condition, along with air emissions requirements for snowcoaches, 
ensured that the vast majority of recreational over-snow vehicles 
operating in the parks employed up-to-date emissions control equipment, 
and has resulted in improvements in air quality and natural 
soundscapes.
    This proposed rule is based on Alternative 2 of the 2008 EA which, 
while imposing a daily limit of only 318 snowmobile entries for 
Yellowstone, is similar in all other significant respects to the 2004 
plan. To be sure, the NPS continues to believe that it could legally 
permit significantly higher levels of snowmobiles within the park. The 
2008 EA, however, was prepared in part as a matter of comity in light 
of the DC District Court decision vacating the 2007 rule, even though 
that decision is not yet final. For this reason, and for the reasons 
described further in the EA supporting this proposed rule, the NPS 
believes implementation of Alternative 2 is far below any limit that 
would result in the impairment of park resources and values.
    The NPS has also determined that implementation of Alternative 2 
and the proposed rule would not result in unacceptable impacts to park 
resources or values. As disclosed in the EA, the adverse impacts to 
wildlife would be negligible to minor, due to moderate levels of 
visitor use (with possible moderate effects on swans and eagles). 
Guiding would minimize most such effects. For soundscapes, the adverse 
impacts would be negligible to moderate for Yellowstone due to 
audibility and maximum sound levels, and minor for Grand Teton and the 
Parkway. Air quality impacts in all three parks are forecast to be 
negligible because the air and sound emissions requirements and strict 
daily entry limits will restrict emissions. Impacts on visitor and 
employee health and safety in Yellowstone are expected to be moderately 
adverse due to possible high snowmobile noise exposure levels and 
avalanche danger at Sylvan Pass, but mitigated in several ways. In 
Grand Teton, risk levels would be expected to be less, so the adverse 
effects there are predicted to be minor. As described in the EA, the 
NPS's threshold for considering whether there could be an impairment is 
based on major (or significant) effects. The EA identified less than 
major effects on wildlife, natural soundscapes, and air quality for 
Alternative 2. Indeed, the NPS has not determined that any snowmobile 
use over the past 4 years--which included daily usage at times nearly 
double the daily limit now adopted--imposed any impairment of park 
resources. Guided by this analysis and the superintendents' 
professional judgment, there would be no impairment of park resources 
and values from implementation of the proposed rule.
    Finally, the NPS has determined that the impacts associated with 
the proposed oversnow vehicle use, and which are described at length in 
the EA, are both appropriate and necessary to fulfill the purposes of 
the park.
    Section 1.5 of Management Policies (2006), ``Appropriate Use of the 
Parks,'' directs that the National Park Service must ensure that park 
uses that are allowed would not cause impairment of, or unacceptable 
impacts on, park resources and values. A new form of park use may be 
allowed within a park only after a determination has been made in the 
professional judgment of the park manager that it will not result in 
unacceptable impacts. In addition, section 8.1.2 of the Management 
Policies (2006), ``Process for Determining Appropriate Uses,'' directs 
the Service to evaluate the proposed use's consistency with applicable 
laws, executive orders, regulations, and policies; consistency with 
existing plans for public use and resource management; actual and 
potential effects on park resources and values; total costs to the 
Service; and whether the public interest will be served. Finally, 
section 1.5 of the Management Policies directs park superintendents to 
continually monitor all park uses to prevent unanticipated and 
unacceptable impacts. If unanticipated and unacceptable impacts occur, 
section 1.5 directs the superintendent to engage in a thoughtful 
deliberative process to further manage or constrain the use, or 
discontinue it.
    The EA supporting this proposed rule contains the above-described 
evaluation of the proposed oversnow vehicle use. In addition, the EA 
demonstrates that no unacceptable impacts are anticipated as a result 
of the proposed use. Finally, the preferred alternative in the EA 
establishes a comprehensive monitoring and adaptive management plan to 
ensure that no unanticipated or unacceptable impacts will occur. On 
this basis, the NPS has determined that the proposed oversnow vehicle 
use is appropriate to fulfill the purposes of the park.
    The NPS has also determined that the proposed oversnow use is 
necessary to fulfill the purposes of the park. Section 8.2 of 
Management Policies confirms that enjoyment of park resources and 
values by the people of the United States is one of the fundamental 
purposes of all parks. That Section further states: ``To provide for 
enjoyment of the parks, the National Park Service will encourage 
visitor use activities that are appropriate to the purpose for which 
the park was established, and are inspirational, educational, or 
healthful, and otherwise appropriate to the park environment; and will 
foster an understanding of and appreciation for park resources and 
values, or will promote enjoyment through a direct association with, 
interaction with, or relation to park resources; and can be sustained 
without causing unacceptable impacts to park resources and values.''
    As explained in the EA, oversnow vehicular winter use of 
Yellowstone National Park has been occurring since 1949, and 
snowmobiles have been used for 45 of the park's 136 years. Distances 
between attractions at Yellowstone are great, and some form of 
vehicular access is needed to access various destination areas. 
Snowmobiles and snowcoaches are used for this purpose in the winter 
just as private vehicles and buses are

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used in the summer. Finally, snowmobiles and snowcoaches each provide 
very different experiences, in that they provide varying levels of 
direct interaction with the Park's resources and values.

Description of the Proposed Rule

    The proposed regulations are similar in many respects to the plans 
and rules that have been in effect the last four winter seasons. 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. One notable difference, however, is that the 
number of snowmobiles allowed to enter Yellowstone each day has been 
reduced to 318. As noted above, the NPS does not consider this number 
to be the maximum number of snowmobiles that may be permitted within 
the Park consistent with the Management Policies, and instead has 
chosen this number to be unquestionably within both the NEPA standard 
for significance and the NPS standards for impairment. In addition, 
certain changes have been made to the routes that are designated for 
snowmobile use in Grand Teton and the Parkway, as well as changes to 
the daily entry limits in those parks.
    The NPS has found that the interim regulations that have been in 
effect for the past four winter seasons have resulted in quieter 
conditions, clean air, fewer wildlife impacts, and much improved 
visitor safety and experiences. The NPS has further concluded that OSV 
use authorized by the interim regulations did not cause unacceptable 
impacts or impairment to park resources and values. The NPS believes 
that these proposed regulations will continue to produce similar 
results and that these results will not cause impairment of park 
resources.

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 under the 2008 Plan. Selected areas of the parks, including 
sections of roads, will be closed to visitor use if these studies and 
monitoring 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. The superintendent 
will continue to have the authority under 36 CFR 1.5 to take emergency 
actions to protect park resources or values.

Air and Sound Emissions Requirements

    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 to operate in the 
parks, with limited exceptions. For air emissions restrictions, the 
requirement means that 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 the NPS requirements. For the winter of 2007-2008, the NPS 
certified 47 different snowmobile models (from various manufacturers; 
model years 2002-2008) as meeting the requirements. Generally, each 
snowmobile model will be approved for entry into the parks for 6 winter 
seasons after it is first listed (for example, for the 2008-2009 winter 
season, 2002 model year snowmobiles would no longer be certified). 
Based on NPS experience, 6 years represents the typical useful life of 
a snowmobile, and thus 6 years provides purchasers with a reasonable 
length of time where operation is allowed once a particular model is 
listed as being compliant. This length of time is consistent with the 
deterioration factors used in EPA's regulations pertaining to 
snowmobiles. The NPS recognizes that some privately owned snowmobiles 
used predominantly for ice fishing on Jackson Lake may have relatively 
low mileages even after 6 years of use, and therefore may not have 
experienced the type of deterioration that would cause them to fail NPS 
air and sound emissions requirements. The certification period for 
snowmobiles being operated on Jackson Lake will still be considered to 
be 6 years, but it may be extended up to a total of 10 years as long as 
the snowmobile's mileage does not exceed 6,000 miles.
    To comply with the air emissions 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 the air emissions 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 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 the NPS 
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 
requirements because FEL data are already provided to EPA by the 
manufacturers. Further, the EPA has the authority to ensure 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, 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 NPS 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 requirement was 
initially established using 1985 test

[[Page 65788]]

procedures (in addition to information provided by industry and 
modeling). Therefore, to be consistent with our 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 NPS 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 sound 
emissions 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 
indicate that snowmobiles test quieter at high elevation, and therefore 
may be able to pass our 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 the NPS requirements. Snowmobile 
manufacturers may demonstrate that snowmobiles are compliant with the 
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 meeting NPS requirements, pending 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 NPS requirements, this snowmobile would no longer be 
considered to be 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 meeting NPS requirements, the NPS will 
announce how long the 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 the 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 NPS-
approved 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 snowmobiles are 
properly maintained.
    All commercially guided recreational snowmobiles operating within 
Yellowstone would be required to meet the NPS air and sound emissions 
requirements. 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 the requirements. In Grand Teton and the 
Parkway, all recreational snowmobiles operating on Jackson Lake must 
meet the air and sound emissions requirements; however, snowmobiles 
being operated on the Grassy Lake Road would not be required to meet 
them. Use of the Grassy Lake Road is predominantly to provide access to 
the adjoining Targhee National Forest, where such requirements are not 
in effect, and is similar to other routes that the NPS designates to 
provide snowmobile access to adjacent public lands without such 
restrictions. Any commercially guided snowmobiles authorized to operate 
in the Parkway or Grand Teton will be required to meet NPS air and 
sound emissions requirements.
    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 air emissions 
requirements 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 2007-2008, an 
average of 35 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.

[[Page 65789]]

Tier 2 standards will require that vehicles be even cleaner than Tier 
1, and full emission controls will function more of the time.
    During the duration of this temporary plan, all non-historic 
snowcoaches must meet air emission requirements, which will be the EPA 
emissions standards in effect when the vehicle was manufactured. This 
will be enforced by ensuring that all critical emission-related exhaust 
components are functioning properly. Malfunctioning critical emissions-
related components must be replaced with the original equipment 
manufacturer (OEM) component where possible. If 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. Modifying or 
disabling a snowcoach's original pollution control equipment is 
prohibited except for maintenance purposes. Individual snowcoaches may 
be subject to periodic inspections to determine compliance with 
emission and sound requirements.
    However, during the duration of this plan, the NPS will encourage 
snowcoach operators to replace or retrofit their coaches with models 
that meet higher emission standards. In the 2007 FEIS, the NPS 
anticipated that snowcoach air and sound emission requirements would go 
into effect in 2011-2012, after the duration of this temporary plan. 
Thus these recommendations will assist snowcoach operators anticipating 
future possible requirements.
    During these intervening years, the NPS will recommend that diesel 
vehicles with a Gross Vehicle Weight Rating (GVWR) of 8,500 pounds or 
more meet, at a minimum, the EPA 2004 ``engine configuration 
certified'' diesel air emission standards. The NPS will further 
recommend that diesel vehicles meet the 2007 ``engine configuration 
certified'' air emission standard. If a new vehicle is being purchased, 
the NPS recommends that operators confirm that the vehicle has, at a 
minimum, an engine that meets the 2004 standard. If it is the 
operators' intention to purchase a vehicle with the newest diesel 
emission technology, the NPS recommends that the vehicle has a ``2007 
standard'' engine. If a diesel engine is being purchased for retrofit 
into an existing vehicle, the above recommendations apply. If the 
diesel vehicle has a GVWR between 8,500 and 10,000 pounds, there may be 
a configuration that meets the EPA light duty Tier II standards, which 
would achieve the best results from an emissions perspective.
    For air emissions from gasoline vehicle air emissions, the NPS will 
recommend the vehicles engine meet EPA Tier 1 emission requirements. 
The NPS will further recommend that gasoline vehicles meeting EPA Tier 
II requirements be used. If a new vehicle is being purchased, the NPS 
will recommend the vehicle has, at a minimum, an engine that meets the 
Tier I requirements, or more ideally, the vehicle will meet Tier II 
requirements. If an existing gasoline engine and exhaust system is 
being retrofitted, the vehicle should have, at a minimum, a computer 
controlled, port-fuel injected engine and a catalytic converter in the 
exhaust system. Regarding the sound emission recommendations, the NPS 
will recommend that new and retrofitted snowcoaches not exceed 73 dBA 
when measured by operating the coach at or near full throttle for the 
test cycle. Thus a coach might be traveling at a speed of 25-30 miles 
per hour for the pass-by test to determine if the vehicle produces no 
more than 73 dBA.
    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 air and sound emissions requirements. In 
these limited cases, NPS may use snowmobiles that do not meet the 
requirements proposed in this rule.
    The emission and sound limit requirements for snowmobiles (and the 
gradual implementation of those requirements for snowcoaches) would 
result in low levels of air pollution within the parks in the winter, 
as evidenced by the past four years of air quality monitoring results 
that indicate excellent air quality. Similarly, soundscapes monitoring 
indicates that sound from recreational oversnow vehicles are well 
within acceptable ranges. Therefore the air and sound emissions that 
would occur would not constitute unacceptable impacts or impairment, 
nor would they be inconsistent with the NPS mandate to conserve park 
resources.

Use of Commercial Guides

    To mitigate impacts to natural soundscapes and wildlife, and for 
visitor and employee safety, the NPS is again proposing that 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 guiding with contractual obligations to the 
NPS also allow 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

[[Page 65790]]

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, to 
indicate where to turn, 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, and other equipment for emergency use. In this way, 
guides will ensure that park regulations are observed 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 
maintaining 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 eleven snowmobiles would be permitted in a group, 
including that of the guide. Individual snowmobiles may not be operated 
separately from a group within the park. No minimum group size 
requirement is necessary since commercially guided parties always have 
at least two snowmobiles--that of the guide and the customer. Moreover, 
as a practical matter, in recent winters, group size has averaged 
nearly seven snowmobiles per group.
    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, and the fact 
that use of the Grassy Lake Road is primarily to provide access to and 
from the adjoining national forest lands where guiding is not required.

Designated Routes

    In Yellowstone, a number of changes are proposed in routes 
designated for snowmobile use based on analyses in the 2008 EA and 
experience with the management of winter use over the past four 
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.
    In Grand Teton and the Parkway, the NPS is proposing to discontinue 
operation and use of the CDST. Use of this route over the last four 
winters has averaged fewer than 15 snowmobiles per season and in light 
of the proposed requirements for entry into Yellowstone, the NPS has no 
reason to believe that there would be any significant increase in use 
of the CDST if it were to remain open. The NPS will continue to allow 
the State of Wyoming to groom the portion of the CDST along U.S. 
Highway 26/287 to its east boundary in order to provide access to 
adjacent public and private lands in Buffalo Valley.

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, even more than legally necessary, impacts to air 
quality, employee and visitor health and safety, natural soundscapes, 
wildlife, and visitor experience, consistent with preventing 
unacceptable impacts and impairment to park resources and values. 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...........................             160              34
South Entrance *........................             114              13
East Entrance...........................              20               2
North Entrance..........................           ** 12              13
Old Faithful............................           ** 12              16
Cave Falls..............................          *** 50               0
------------------------------------------------------------------------
* Includes portion of the Parkway between Flagg Ranch and South
  Entrance.

[[Page 65791]]

 
** Commercially guided snowmobile tours originating at the North
  Entrance and Old Faithful are currently provided solely by Xanterra
  Parks and Resorts. Because this concessioner is the sole provider at
  both of these areas, this regulation allows the daily entry limits
  between the North Entrance and Old Faithful to be adjusted as
  necessary, so long as the total number of snowmobiles between the two
  entrances does not exceed 24. For example, the concessioner could
  operate 16 snowmobiles at Old Faithful and 8 at the North Entrance if
  visitor demand warranted it. This will allow the concessioner to
  respond to changing visitor demand for commercially guided snowmobile
  tours, thus enhancing visitor service in Yellowstone.
*** 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.


   Table 2--Grand Teton and the Parkway Daily Snowmobile Entry Limits
------------------------------------------------------------------------
                        Entrance                            Snowmobiles
------------------------------------------------------------------------
Grassy Lake Road (Flagg-Ashton Road)....................            * 25
Jackson Lake............................................              25
------------------------------------------------------------------------
* Snowmobiles being operated on the Grassy Lake Road would not be
  required to meet NPS air and sound emissions requirements.

    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, consistent with the NPS's mandate 
to conserve park resources and ensure that they are not impaired. While 
these limits do not constitute the maximum limit on snowmobiles that 
could be permitted in the Park, these limits are intended to continue 
to provide adequate snowmobile access to the Park under the current 
circumstances. 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, are less than the historic 
seasonal daily average of Yellowstone entries, and are clearly much 
less than the NPS has legal discretion to authorize consistent with the 
Management Policies. 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 EA, 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.

Avalanche Management--Sylvan Pass

    Sylvan Pass will be open under the 2008 Plan for oversnow travel 
(both motorized and non-motorized) for a limited core season, from 
December 22 through March 1 each year, subject to weather-related 
constraints and NPS fiscal, staff, infrastructural, equipment, and 
other safety-related capacities. A combination of avalanche mitigation 
techniques may be used, including risk assessment analyses as well as 
forecasting and helicopter and howitzer dispensed explosives. The 
results of previous safety evaluations of Sylvan Pass by the 
Occupational Health and Safety Administration and an Operational Risk 
Management Assessment will be reviewed and updated, and the NPS will 
evaluate additional avalanche mitigation techniques and risk assessment 
tools in order to further improve safety and visitor access.
    From March 2 to March 15, the NPS will maintain the road segment 
from the East Entrance to a point approximately four miles west of the 
entrance station to provide for opportunities for cross-country skiing 
and snowshoeing. Limited snowmobile and snowcoach use will be allowed 
in order to provide drop-offs for such purposes.
    This approach both addresses the concerns of the communities and 
the National Park Service. The City of Cody, Wyoming, as well as Park 
County, Wyoming, and the State of Wyoming have clearly articulated the 
importance of this route to the community and the historical 
relationship between Cody and Yellowstone's East Entrance. They have 
spoken for the businesses near Yellowstone's East Entrance and how 
those businesses have been negatively impacted in recent years by the 
changing patterns of winter visitation. They have stated how those 
businesses will continue to be adversely affected if the pass is closed 
to oversnow vehicle travel in the winter. The community and businesses 
have also stated the value they place on the certainty of the road 
being open in the winter and the importance of that certainty to their 
businesses and guests. NPS acknowledges those values and concerns and 
has carefully weighed those considerations.
    Avalanche control at Sylvan Pass has long represented a safety 
concern to the National Park Service. The 2000 FEIS, the 2003 SEIS, the 
2004 EA, and the 2007 FEIS all clearly identify the significant 
avalanche danger on Sylvan Pass, which has been well known for many 
years. Approximately 20 avalanche paths cross the road at Sylvan Pass. 
They average over 600 feet of vertical drop, and the East Entrance Road 
crosses the middle of several of the paths, putting travelers at risk 
of being caught in an avalanche. NPS employees must cross several 
uncontrolled avalanche paths to reach the howitzer used for discharging 
those avalanches, and the howitzer is at the base of a cliff prone to 
both rock-fall and additional avalanche activity (the howitzer cannot 
be moved without compromising its ability to reach all avalanche 
zones). Artillery shells sometimes fail to explode on impact, and 
unexploded rounds remain on the slopes, presenting year-round hazards 
to both employees and visitors, both in Yellowstone and the Shoshone 
National Forest. Natural avalanches can and do occur, both before and 
after howitzer use. Using a helicopter instead of a howitzer also is a 
high-risk activity because of other risks a helicopter contractor would 
have to incur.
    The NPS may use a combination of techniques that have been used in 
the past (howitzer and helicopter), as well as techniques that may be 
available in the future. Area staff may use whichever tool is the 
safest and most appropriate for a given situation, with the full 
understanding that safety of employees and visitors comes first. 
Employees in the field make the operational determination when safety 
criteria have been met, and operations can be conducted with acceptable 
levels of risk. The NPS will not take unacceptable risks. When safety 
criteria have been met, the pass will be open; when they have not been 
met, the pass will remain closed. As with past winters, extended 
closures of the pass may occur.

Section-by-Section Analysis

Sec. 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

[[Page 65792]]

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), 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.

Sec. 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). The authority to operate snowmobiles in Yellowstone would 
be limited to three winter seasons, terminating at the conclusion of 
the 2010-2011 season. This limitation is included because the rule is 
intended to be an interim regulation for Yellowstone, during which time 
the NPS will seek to develop a new long-term management plan and 
regulations to guide winter use of the park. In light of the highly 
controversial and complex nature of the issue and its history of 
litigation, the NPS believes that a 3-year interim period is the 
minimum necessary to provide sufficient time to complete whatever 
process will follow to guide long-term winter use management of the 
park. The 3-year limitation would not apply to Grand Teton and the 
Parkway. However, snowmobile use between Flagg Ranch and the South 
Entrance of Yellowstone would effectively be limited to a 3-year period 
because all such use is associated with trips into Yellowstone and 
controlled by concession contracts.

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

    This paragraph continues the authority to operate snowcoaches in 
Yellowstone, and 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.
    Similar to the 3-year limitation on snowmobile use described above, 
the authority to operate snowcoaches in Yellowstone would also be in 
effect only through the winter season of 2010-2011. Although the 3-year 
limitation on the authority to operate snowcoaches in the Parkway is 
not included in Sec.  7.21(a)(4), snowcoach use would effectively be 
limited to a 3-year period since all such use is associated with trips 
into Yellowstone and controlled by concession contracts.
    The NPS also proposes to continue the requirement that all non-
historic snowcoaches meet the applicable EPA air emissions standards 
that were in effect at the time the vehicle was manufactured.

Sec. 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.

Sec. 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.

Sec. 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 circu