Special Regulations, Areas of the National Park System, Grand Teton National Park, 51099-51102 [E9-23946]
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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Proposed Rules
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this proposed rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the airspace necessary to ensure
the safety of aircraft and the efficient
use of airspace. This regulation is
within the scope of that authority as it
would revise Colored Federal Airways
in Alaska.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures,’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9T,
Airspace Designations and Reporting
Points, signed August 27, 2009, and
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13:51 Oct 02, 2009
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effective September 15, 2009, is to be
amended as follows:
Paragraph 6009(a)
*
*
*
Green Federal Airways.
*
*
G–16 [Revised]
From Point Lay, AK, NDB; Wainwright
Village, AK, NDB; Browerville, AK, NDB;
Nuiqsut Village, AK, NDB; to Put River, AK,
NDB.
*
*
*
*
Paragraph 6009(d)
*
*
*
*
Blue Federal Airways.
*
*
*
*
2. On page 48423, in the third
column, in the ADDRESSES section,
beginning in the second line, ‘‘[Docket
No. FDA–2008–D–0409] (formerly
Docket No. 2004D–0431)’’ is corrected
to read ‘‘[Docket No. FDA–2009–N–
0435]’’.
Dated: September 28, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9–23899 Filed 10–2–09; 8:45 am]
BILLING CODE 4160–01–S
*
B–26 [Revised]
From Chena, AK, NDB, to Yukon River,
AK, NDB.
*
51099
*
Issued in Washington, DC, September 28,
2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9–23884 Filed 10–2–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD75
Special Regulations, Areas of the
National Park System, Grand Teton
National Park
National Park Service, Interior.
Proposed rule.
AGENCY:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 4
[Docket No. FDA–2009–N–0435]
Current Good Manufacturing Practice
Requirements for Combination
Products; Correction
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule; correction.
SUMMARY: The Food and Drug
Administration (FDA) is correcting a
proposed rule that appeared in the
Federal Register of September 23, 2009
(74 FR 48423). The document proposed
to codify the current good
manufacturing practice requirements
applicable to combination products. The
document published with an incorrect
docket number. This document corrects
that error.
FOR FURTHER INFORMATION CONTACT:
Joyce Strong, Office of Policy (HF–27),
Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,
301–827–7010.
SUPPLEMENTARY INFORMATION: In FR Doc.
E9–22850, appearing on page 48423, in
the Federal Register of Wednesday,
September 23, 2009, the following
corrections are made:
1. On page 48423, in the third
column, in the Docket No. heading,
‘‘[Docket No. FDA–2008–D–0409]’’ is
corrected to read ‘‘[Docket No. FDA–
2009–N–0435]’’.
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ACTION:
SUMMARY: The National Park Service
(NPS) proposes to designate certain
multi-use pathways in Grand Teton
National Park as routes for bicycle use;
NPS regulations require issuance of a
special regulation to designate routes for
bicycle use when it will be off park
roads and outside developed areas.
Several segments of multi-use pathways
have been constructed, or are planned
for construction, and are located parallel
to and generally within about 50 feet of
existing park roads. Moving bicycle
traffic off the lanes of motor vehicle
travel will reduce real and perceived
safety hazards, which will enhance
opportunities for non-motorized
enjoyment of the park, and encourage
the use of alternate transportation by
park employees and visitors. In
addition, the NPS is proposing revisions
to its regulations regarding fishing and
boating in certain park waters of Grand
Teton National Park to reflect current
operating practices and management
objectives.
DATES: Comments must be received by
December 4, 2009.
ADDRESSES: You may submit your
comments, identified by Regulatory
Information Number 1024–AD75 (RIN),
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Grand Teton National Park,
P.O. Drawer 170, Moose, WY 83012.
• Hand Deliver to: Superintendent’s
Office, Moose, Wyoming.
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Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
rulemaking. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Gary
Pollock, Management Assistant, Grand
Teton National Park, 307–739–3428 or
at the address listed in the ADDRESSES
section.
SUPPLEMENTARY INFORMATION:
Background
Grand Teton National Park is located
in northwest Wyoming, and
encompasses approximately 310,000
acres. Located just to the south of
Yellowstone National Park, Grand Teton
is at the heart of the Greater
Yellowstone Ecosystem, and includes
the iconic mountains of the Teton
Range, the broad valley of Jackson Hole,
numerous lakes, and a 40-mile segment
of the Snake River. The park was
originally established in 1929, but at
that time included only the mountains
and several of the lakes at their base. In
1943, Jackson Hole National Monument
was established by presidential
proclamation, including much of the
valley to the east of the mountains. In
1950, Congress combined the 1929 park
and the national monument into the
present-day national park, ending the
long and controversial period that led
up to the park’s establishment.
The park supports diverse and
abundant populations of wildlife, and is
world renowned for its opportunities to
view elk, moose, bison, pronghorn,
grizzly and black bears, grey wolves,
and coyotes. Other species, such as
trumpeter swans, bald eagles, and many
species of waterfowl and small
mammals are also abundant.
Visitors to Grand Teton National Park
typically participate in several types of
activities, including scenic touring,
viewing wildlife, hiking, mountain
climbing, fly fishing, float trips,
bicycling, and other forms of recreation
consistent with enjoyment of the park’s
resources. The park includes several
major developed areas, five
campgrounds, almost 200 miles of
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hiking trails, 140 miles of paved roads,
and 70 miles of unpaved roads.
Visitation to the park has remained
relatively constant over the last decade
at approximately 2.5 million
recreational visitors, mostly occurring
between the months of May and
September.
In April 2000, Grand Teton National
Park undertook a transportation study to
provide basic information regarding
transportation issues in the park. The
study served as a foundation for the
next step in the process, which included
the development of a transportation
plan that was initiated in September
2001. The Transportation Plan/Final
Environmental Impact Statement (FEIS)
was released in September 2006. A
Record of Decision (ROD) selecting
Alternative 3a was signed on March 12,
2007, and a notice of the decision was
published in the Federal Register on
April 24, 2007 (72 FR 20365). A full
description of the alternatives that were
considered, the environmental impacts
associated with the project, and public
involvement can be found online at
https://www.nps.gov/grte/parkmgmt/
tranplan.htm.
Although the planning effort and ROD
addressed a variety of transportationrelated issues, a major focus was on the
development of a system of multi-use
pathways to improve opportunities for
non-motorized activities within the
park. Bicycling has become increasingly
popular in the park, and many visitors
and others who commented during the
planning process expressed concerns
over the risks that are present when
bicycles and motor vehicles share the
road. Commentors often noted that this
was particularly true for families with
young children or visitors who are not
experienced bicyclists.
Among the issues that were raised
during the planning process were the
potential effects of the pathway system
on the park’s wildlife. Although wildlife
is abundant and often visible from park
roads, it is well documented that
animals respond differently to
pedestrians and bicyclists than they do
to the mere presence of motor vehicles.
The potential for reducing the
effectiveness of habitat and displacing
wildlife from areas located near the
pathways was a significant concern for
many individuals and organizations that
commented during the planning
process. Furthermore, in light of the
park’s abundant wildlife, concerns were
raised regarding the potential for
surprise encounters between bicyclists
and large animals, including grizzly
bears.
The ROD sets forth the park’s decision
for the development of an extended
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system of multi-use pathways within
the park. The system will include 39
miles of pathways between the south
park boundary and Colter Bay via the
Teton Park Road, as well as a 3-mile
segment along the Moose-Wilson Road
between the Granite Canyon Entrance
and the Laurance S. Rockefeller
Preserve. In general, pathways will be
constructed within 50 feet of the road,
except that the 16-mile segments
between North Jenny Lake Junction and
Colter Bay and along the Moose-Wilson
Road will be constructed in very close
proximity to the roads, generally within
the existing engineered and previously
disturbed road corridors.
The preferred alternative in the final
plan/EIS, and subsequently adopted in
the ROD, addressed the concerns
regarding wildlife through a
combination of research and
monitoring, construction phasing, and
the requirement that certain portions of
the pathway system would be
constructed within the existing road
corridors. Specifically, the ROD
includes a significant emphasis on
wildlife research and monitoring to
provide detailed understanding of the
effects of pathway development.
Monitoring and research activities were
begun in 2007 to provide a preconstruction baseline, and will continue
through at least 2009. The phased
approach to construction of the pathway
system will allow information obtained
from the research and monitoring
program to be integrated into the design
and operation of each subsequent
pathway segment. Finally, for those
portions of the pathway system between
North Jenny Lake Junction and Colter
Bay, and along the Moose-Wilson Road,
the pathways will be located within the
engineered corridor in which the
existing roadways are located. Since the
road corridors are less frequently used
by wildlife than the adjacent habitat,
and have generally clear lines of sight,
the chances for surprise encounters
between bicyclists and wildlife would
be reduced to essentially the same level
that exists on the road shoulder.
The first phase of pathways was
constructed during the summer and fall
of 2008. These segments extend from
the Dornan’s inholding near park
headquarters in Moose along the Teton
Park Road to the South Jenny Lake area,
a distance of approximately 8 miles.
Additional segments may be
constructed as funds become available.
This proposed rule complies with 36
CFR 4.30, which requires the NPS to
designate bicycle routes outside of
developed areas through promulgation
of a special regulation. That regulation
further specifies that such routes may be
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designated only upon ‘‘* * * a written
determination that such use is
consistent with the protection of a park
area’s natural, scenic and aesthetic
values, safety considerations and
management objectives and will not
disturb wildlife or park resources.’’ The
Superintendent has made such a
determination and found that the
designation of the pathway segment
between Moose and South Jenny Lake as
a route for bicycle use is consistent with
the requirements of 36 CFR 4.30.
The proposed rule would also make
several changes to the special
regulations for Grand Teton National
Park to reflect current operating
practices or changes to the park’s land
status. The proposed rule would close
Phelps Lake to the operation of motor
boats, consistent with all other
backcountry lakes in the park. This
change is prompted by the change in
land status for the area surrounding the
southern half of the lake. Prior to
November 2007, these lands were a
private inholding within the park
known as the JY Ranch, owned by
Laurance S. Rockefeller and, subsequent
to his death, by his estate. The property
functioned as a family guest ranch and
retreat for the Rockefeller family since
the 1930s, where guests typically
engaged in activities such as hiking,
horseback riding, and boating on Phelps
Lake. The ranch included a boathouse
on the lakeshore where motorboats were
kept during the summer. The park’s
special regulations authorized the use of
motorboats on Phelps Lake, thereby
allowing the JY Ranch to continue a use
that had existed prior to the park’s
establishment. No other motorboat use
occurred on the lake since it was
inaccessible to park visitors except on
foot or horseback.
Before his death, Mr. Rockefeller
made a decision to donate the property
to the United States for inclusion within
Grand Teton National Park. In
accordance with Mr. Rockefeller’s
wishes, all buildings, roads, and other
development were removed by his
estate, and a system of trails to allow
visitors to enjoy the area was
constructed. The property was acquired
by the United States in November 2007.
The proposed rule would remove the
now unnecessary provision to allow
motorboat use on Phelps Lake.
The proposed rule would remove the
provision in § 7.22(b) that allows
authorized marine bait dealers, all of
which are park concessioners, to keep
certain species of fish taken from
Jackson Lake and sell them as bait. The
NPS determined that provision to be
unnecessary and inconsistent with NPS
Management Policies 2006 and the
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practice was discontinued several years
ago.
Section-by-Section Analysis
§ 7.22(b) Fishing
The proposed rule would eliminate
the provision in paragraph (3) that
authorizes marine bait dealers at
Jackson Lake to take certain species of
fish taken from Jackson Lake or waters
that flow into Jackson Lake and sell
those fish as bait.
§ 7.22(e) Vessels
The proposed rule would eliminate
the reference to Phelps Lake in
paragraph (1), thus prohibiting the use
of motorboats on that body of water.
Motorboats would continue to be
allowed on Jackson and Jenny lakes.
§ 7.22(h) Where may I ride a bicycle in
Grand Teton National Park?
The proposed rule adds a new
paragraph to the special regulations for
Grand Teton National Park, designating
two segments of existing multi-use
pathways as routes for bicycle use. The
general regulations for bicycle use in the
National Park System require that such
designation be accomplished by the
promulgation of a special regulation.
The proposed rule would designate the
segments that were completed in 2008.
Compliance With Other Laws
Regulatory Planning and Review
(Executive Order 12866)
This document is not a significant
rule and is not subject to review by the
Office of Management and Budget under
Executive Order 12866.
(1) This rule will not have an effect of
$100 million or more on the economy.
It will not adversely affect in a material
way the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
This is based on information contained
in the report titled ‘‘Cost-Benefit and
Regulatory Flexibility Analyses:
Proposed Regulations Designating
Pathways for Multi-Use in Grand Teton
National Park,’’ which is available for
public review at https://
www.regulations.gov.
(2) This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency. Implementing actions
under this rule will not interfere with
plans by other agencies or local
government plans, policies, or controls
since this is an agency specific change.
(3) This rule does not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
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51101
or obligations of their recipients. It only
affects the use of bicycles and
motorboats within Grand Teton
National Park. No grants or other forms
of monetary supplement are involved.
(4) This rule does not raise novel legal
or policy issues. This rule simply
implements the Servicewide bicycle
regulation regarding bicycle routes in
Grand Teton National Park.
Regulatory Flexibility Act
The Department of the Interior
certifies that this document will not
have a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). This certification is
based on information contained in the
report titled, ‘‘Cost-Benefit and
Regulatory Flexibility Analyses:
Proposed Regulations Designating
Pathways for Multi-Use in Grand Teton
National Park,’’ which is available for
public review at https://
www.regulations.gov.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million or more.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This determination is based on
information from ‘‘Cost-Benefit and
Regulatory Flexibility Analyses:
Proposed Regulations Designating
Pathways for Multi-Use in Grand Teton
National Park’’ which can be found at
https://www.regulations.gov. This action
does not involve additional
construction, fees, or other measures
that would increase costs to visitors,
businesses, communities, or the Park.
Therefore, this action will not impose
any costs.
Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local or tribal
governments or the private sector. It
addresses public use of national park
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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Proposed Rules
lands, and imposes no requirements on
other agencies or governments.
Takings (E.O. 12630)
Under the criteria in Executive Order
12630, this rule does not have
significant takings implications. A
takings implication assessment is not
required.
Federalism (E.O. 13132)
In accordance with Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
This proposed rule only affects use of
NPS administered lands and waters. It
has no outside effects on other areas.
Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) Does not unduly burden the justice
system;
(b) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(c) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission under the Paperwork
Reduction Act (PRA) is not required.
National Environmental Policy Act
Teton National Park were consulted
during the preparation of the
Environmental Impact Statement for the
project.
Clarity of Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that you find
unclear, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Drafting Information: The primary
authors of this regulation were Gary
Pollock, Management Assistant, Grand
Teton National Park, Michael Tiernan,
Office of the Solicitor, U.S. Department
of the Interior and Philip A. Selleck,
Chief, Regulations and Special Park
Uses, National Park Service.
Public Participation
Government-to-Government
Relationship With Tribes
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In accordance with the National
Environmental Policy Act, the National
Park Service prepared an Environmental
Impact Statement and Record of
Decision for the uses contemplated in
the proposed rule. A copy of the
documents can be obtained by
contacting the Superintendent, Grand
Teton National Park, P.O. Drawer 170,
Moose, Wyoming 83012. The
documents are also available online at
https://www.nps.gov/grte/parkmgmt/
tranplan.htm.
List of Subjects in 36 CFR Part 7
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government to Government Relations
with Native American Tribal
Governments’’ (59 FR 22951) and 512
DM 2:
We have evaluated the potential
effects on federally recognized Indian
tribes and have determined that there
are no potential effects. Representatives
of the eleven tribes affiliated with Grand
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13:51 Oct 02, 2009
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Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
National parks, Reporting and
recordkeeping requirements.
In consideration of the foregoing, the
National Park Service proposes to
amend 36 CFR Part 7 as set forth below:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec.
7.96 also issued under D.C. Code 10–
137(2001) and D.C. Code 50–2201 (2001).
2. Amend § 7.22 to revise paragraphs
(b)(3) and (e)(1) and add a new
paragraph (h) to read as follows:
§ 7.22
Grand Teton National Park.
*
*
*
*
*
(b) * * *
(3) Bait: The use or possession of fish
eggs or fish for bait is prohibited, except
it shall be permissible to possess or use
the following dead, non-game fish for
bait on or along the shores of Jackson
Lake: Redside shiner, speckled dace,
longnose dace, piute sculpin, mottled
sculpin, Utah chub, Utah sucker,
bluehead sucker, and mountain sucker.
*
*
*
*
*
(e) Vessels. (1) Motorboats are
prohibited on all park waters except
Jackson Lake and Jenny Lake. On Jenny
Lake, motorboats are restricted to
motors not in excess of 71⁄2 horsepower.
Additionally, on Jenny Lake, an
authorized boating concessioner may
operate motorboats under conditions
specified by the Superintendent.
*
*
*
*
*
(h) Where may I ride a bicycle in
Grand Teton National Park? (1) You
may ride a bicycle on park roads, in
parking areas, and upon designated
routes established within the park in
accordance with § 4.30(a) of this
chapter. The following routes are
designated for bicycle use:
(i) The paved multi-use pathway
between Dornan’s and the Teton Park
Road.
(ii) The paved multi-use pathway
alongside the Teton Park Road between
Dornan’s Junction and the South Jenny
Lake developed area.
(2) The Superintendent may open or
close designated bicycle routes, or
portions thereof, for bicycle use after
taking into consideration the location of
wildlife, the amount of snow cover or
other environmental conditions, public
safety, and other factors, pursuant to the
criteria and procedures of §§ 1.5 and 1.7
of this chapter.
Dated: July 20, 2009.
Will Shafroth,
Deputy Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. E9–23946 Filed 10–2–09; 8:45 am]
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1. The authority citation for Part 7 is
revised to read as follows:
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]]>Agencies
[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Proposed Rules]
[Pages 51099-51102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23946]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD75
Special Regulations, Areas of the National Park System, Grand
Teton National Park
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) proposes to designate certain
multi-use pathways in Grand Teton National Park as routes for bicycle
use; NPS regulations require issuance of a special regulation to
designate routes for bicycle use when it will be off park roads and
outside developed areas. Several segments of multi-use pathways have
been constructed, or are planned for construction, and are located
parallel to and generally within about 50 feet of existing park roads.
Moving bicycle traffic off the lanes of motor vehicle travel will
reduce real and perceived safety hazards, which will enhance
opportunities for non-motorized enjoyment of the park, and encourage
the use of alternate transportation by park employees and visitors. In
addition, the NPS is proposing revisions to its regulations regarding
fishing and boating in certain park waters of Grand Teton National Park
to reflect current operating practices and management objectives.
DATES: Comments must be received by December 4, 2009.
ADDRESSES: You may submit your comments, identified by Regulatory
Information Number 1024-AD75 (RIN), by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Grand Teton National Park, P.O. Drawer 170, Moose,
WY 83012.
Hand Deliver to: Superintendent's Office, Moose, Wyoming.
[[Page 51100]]
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Gary Pollock, Management Assistant,
Grand Teton National Park, 307-739-3428 or at the address listed in the
ADDRESSES section.
SUPPLEMENTARY INFORMATION:
Background
Grand Teton National Park is located in northwest Wyoming, and
encompasses approximately 310,000 acres. Located just to the south of
Yellowstone National Park, Grand Teton is at the heart of the Greater
Yellowstone Ecosystem, and includes the iconic mountains of the Teton
Range, the broad valley of Jackson Hole, numerous lakes, and a 40-mile
segment of the Snake River. The park was originally established in
1929, but at that time included only the mountains and several of the
lakes at their base. In 1943, Jackson Hole National Monument was
established by presidential proclamation, including much of the valley
to the east of the mountains. In 1950, Congress combined the 1929 park
and the national monument into the present-day national park, ending
the long and controversial period that led up to the park's
establishment.
The park supports diverse and abundant populations of wildlife, and
is world renowned for its opportunities to view elk, moose, bison,
pronghorn, grizzly and black bears, grey wolves, and coyotes. Other
species, such as trumpeter swans, bald eagles, and many species of
waterfowl and small mammals are also abundant.
Visitors to Grand Teton National Park typically participate in
several types of activities, including scenic touring, viewing
wildlife, hiking, mountain climbing, fly fishing, float trips,
bicycling, and other forms of recreation consistent with enjoyment of
the park's resources. The park includes several major developed areas,
five campgrounds, almost 200 miles of hiking trails, 140 miles of paved
roads, and 70 miles of unpaved roads. Visitation to the park has
remained relatively constant over the last decade at approximately 2.5
million recreational visitors, mostly occurring between the months of
May and September.
In April 2000, Grand Teton National Park undertook a transportation
study to provide basic information regarding transportation issues in
the park. The study served as a foundation for the next step in the
process, which included the development of a transportation plan that
was initiated in September 2001. The Transportation Plan/Final
Environmental Impact Statement (FEIS) was released in September 2006. A
Record of Decision (ROD) selecting Alternative 3a was signed on March
12, 2007, and a notice of the decision was published in the Federal
Register on April 24, 2007 (72 FR 20365). A full description of the
alternatives that were considered, the environmental impacts associated
with the project, and public involvement can be found online at https://www.nps.gov/grte/parkmgmt/tranplan.htm.
Although the planning effort and ROD addressed a variety of
transportation-related issues, a major focus was on the development of
a system of multi-use pathways to improve opportunities for non-
motorized activities within the park. Bicycling has become increasingly
popular in the park, and many visitors and others who commented during
the planning process expressed concerns over the risks that are present
when bicycles and motor vehicles share the road. Commentors often noted
that this was particularly true for families with young children or
visitors who are not experienced bicyclists.
Among the issues that were raised during the planning process were
the potential effects of the pathway system on the park's wildlife.
Although wildlife is abundant and often visible from park roads, it is
well documented that animals respond differently to pedestrians and
bicyclists than they do to the mere presence of motor vehicles. The
potential for reducing the effectiveness of habitat and displacing
wildlife from areas located near the pathways was a significant concern
for many individuals and organizations that commented during the
planning process. Furthermore, in light of the park's abundant
wildlife, concerns were raised regarding the potential for surprise
encounters between bicyclists and large animals, including grizzly
bears.
The ROD sets forth the park's decision for the development of an
extended system of multi-use pathways within the park. The system will
include 39 miles of pathways between the south park boundary and Colter
Bay via the Teton Park Road, as well as a 3-mile segment along the
Moose-Wilson Road between the Granite Canyon Entrance and the Laurance
S. Rockefeller Preserve. In general, pathways will be constructed
within 50 feet of the road, except that the 16-mile segments between
North Jenny Lake Junction and Colter Bay and along the Moose-Wilson
Road will be constructed in very close proximity to the roads,
generally within the existing engineered and previously disturbed road
corridors.
The preferred alternative in the final plan/EIS, and subsequently
adopted in the ROD, addressed the concerns regarding wildlife through a
combination of research and monitoring, construction phasing, and the
requirement that certain portions of the pathway system would be
constructed within the existing road corridors. Specifically, the ROD
includes a significant emphasis on wildlife research and monitoring to
provide detailed understanding of the effects of pathway development.
Monitoring and research activities were begun in 2007 to provide a pre-
construction baseline, and will continue through at least 2009. The
phased approach to construction of the pathway system will allow
information obtained from the research and monitoring program to be
integrated into the design and operation of each subsequent pathway
segment. Finally, for those portions of the pathway system between
North Jenny Lake Junction and Colter Bay, and along the Moose-Wilson
Road, the pathways will be located within the engineered corridor in
which the existing roadways are located. Since the road corridors are
less frequently used by wildlife than the adjacent habitat, and have
generally clear lines of sight, the chances for surprise encounters
between bicyclists and wildlife would be reduced to essentially the
same level that exists on the road shoulder.
The first phase of pathways was constructed during the summer and
fall of 2008. These segments extend from the Dornan's inholding near
park headquarters in Moose along the Teton Park Road to the South Jenny
Lake area, a distance of approximately 8 miles. Additional segments may
be constructed as funds become available.
This proposed rule complies with 36 CFR 4.30, which requires the
NPS to designate bicycle routes outside of developed areas through
promulgation of a special regulation. That regulation further specifies
that such routes may be
[[Page 51101]]
designated only upon ``* * * a written determination that such use is
consistent with the protection of a park area's natural, scenic and
aesthetic values, safety considerations and management objectives and
will not disturb wildlife or park resources.'' The Superintendent has
made such a determination and found that the designation of the pathway
segment between Moose and South Jenny Lake as a route for bicycle use
is consistent with the requirements of 36 CFR 4.30.
The proposed rule would also make several changes to the special
regulations for Grand Teton National Park to reflect current operating
practices or changes to the park's land status. The proposed rule would
close Phelps Lake to the operation of motor boats, consistent with all
other backcountry lakes in the park. This change is prompted by the
change in land status for the area surrounding the southern half of the
lake. Prior to November 2007, these lands were a private inholding
within the park known as the JY Ranch, owned by Laurance S. Rockefeller
and, subsequent to his death, by his estate. The property functioned as
a family guest ranch and retreat for the Rockefeller family since the
1930s, where guests typically engaged in activities such as hiking,
horseback riding, and boating on Phelps Lake. The ranch included a
boathouse on the lakeshore where motorboats were kept during the
summer. The park's special regulations authorized the use of motorboats
on Phelps Lake, thereby allowing the JY Ranch to continue a use that
had existed prior to the park's establishment. No other motorboat use
occurred on the lake since it was inaccessible to park visitors except
on foot or horseback.
Before his death, Mr. Rockefeller made a decision to donate the
property to the United States for inclusion within Grand Teton National
Park. In accordance with Mr. Rockefeller's wishes, all buildings,
roads, and other development were removed by his estate, and a system
of trails to allow visitors to enjoy the area was constructed. The
property was acquired by the United States in November 2007. The
proposed rule would remove the now unnecessary provision to allow
motorboat use on Phelps Lake.
The proposed rule would remove the provision in Sec. 7.22(b) that
allows authorized marine bait dealers, all of which are park
concessioners, to keep certain species of fish taken from Jackson Lake
and sell them as bait. The NPS determined that provision to be
unnecessary and inconsistent with NPS Management Policies 2006 and the
practice was discontinued several years ago.
Section-by-Section Analysis
Sec. 7.22(b) Fishing
The proposed rule would eliminate the provision in paragraph (3)
that authorizes marine bait dealers at Jackson Lake to take certain
species of fish taken from Jackson Lake or waters that flow into
Jackson Lake and sell those fish as bait.
Sec. 7.22(e) Vessels
The proposed rule would eliminate the reference to Phelps Lake in
paragraph (1), thus prohibiting the use of motorboats on that body of
water. Motorboats would continue to be allowed on Jackson and Jenny
lakes.
Sec. 7.22(h) Where may I ride a bicycle in Grand Teton National Park?
The proposed rule adds a new paragraph to the special regulations
for Grand Teton National Park, designating two segments of existing
multi-use pathways as routes for bicycle use. The general regulations
for bicycle use in the National Park System require that such
designation be accomplished by the promulgation of a special
regulation. The proposed rule would designate the segments that were
completed in 2008.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under Executive Order
12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. This is based on information contained in the report
titled ``Cost-Benefit and Regulatory Flexibility Analyses: Proposed
Regulations Designating Pathways for Multi-Use in Grand Teton National
Park,'' which is available for public review at https://www.regulations.gov.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
Implementing actions under this rule will not interfere with plans by
other agencies or local government plans, policies, or controls since
this is an agency specific change.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. It only affects the use of bicycles and motorboats
within Grand Teton National Park. No grants or other forms of monetary
supplement are involved.
(4) This rule does not raise novel legal or policy issues. This
rule simply implements the Servicewide bicycle regulation regarding
bicycle routes in Grand Teton National Park.
Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This certification is based on information contained in the report
titled, ``Cost-Benefit and Regulatory Flexibility Analyses: Proposed
Regulations Designating Pathways for Multi-Use in Grand Teton National
Park,'' which is available for public review at https://www.regulations.gov.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
This determination is based on information from ``Cost-Benefit and
Regulatory Flexibility Analyses: Proposed Regulations Designating
Pathways for Multi-Use in Grand Teton National Park'' which can be
found at https://www.regulations.gov. This action does not involve
additional construction, fees, or other measures that would increase
costs to visitors, businesses, communities, or the Park. Therefore,
this action will not impose any costs.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. It addresses public
use of national park
[[Page 51102]]
lands, and imposes no requirements on other agencies or governments.
Takings (E.O. 12630)
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications. A takings implication assessment
is not required.
Federalism (E.O. 13132)
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This proposed rule only affects use of NPS
administered lands and waters. It has no outside effects on other
areas.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Does not unduly burden the justice system;
(b) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(c) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission under the Paperwork Reduction Act (PRA) is not required.
National Environmental Policy Act
In accordance with the National Environmental Policy Act, the
National Park Service prepared an Environmental Impact Statement and
Record of Decision for the uses contemplated in the proposed rule. A
copy of the documents can be obtained by contacting the Superintendent,
Grand Teton National Park, P.O. Drawer 170, Moose, Wyoming 83012. The
documents are also available online at https://www.nps.gov/grte/parkmgmt/tranplan.htm.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government to Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2:
We have evaluated the potential effects on federally recognized
Indian tribes and have determined that there are no potential effects.
Representatives of the eleven tribes affiliated with Grand Teton
National Park were consulted during the preparation of the
Environmental Impact Statement for the project.
Clarity of Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
Drafting Information: The primary authors of this regulation were
Gary Pollock, Management Assistant, Grand Teton National Park, Michael
Tiernan, Office of the Solicitor, U.S. Department of the Interior and
Philip A. Selleck, Chief, Regulations and Special Park Uses, National
Park Service.
Public Participation
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR Part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for Part 7 is revised to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under D.C. Code 10-137(2001) and D.C. Code 50-2201 (2001).
2. Amend Sec. 7.22 to revise paragraphs (b)(3) and (e)(1) and add
a new paragraph (h) to read as follows:
Sec. 7.22 Grand Teton National Park.
* * * * *
(b) * * *
(3) Bait: The use or possession of fish eggs or fish for bait is
prohibited, except it shall be permissible to possess or use the
following dead, non-game fish for bait on or along the shores of
Jackson Lake: Redside shiner, speckled dace, longnose dace, piute
sculpin, mottled sculpin, Utah chub, Utah sucker, bluehead sucker, and
mountain sucker.
* * * * *
(e) Vessels. (1) Motorboats are prohibited on all park waters
except Jackson Lake and Jenny Lake. On Jenny Lake, motorboats are
restricted to motors not in excess of 7\1/2\ horsepower. Additionally,
on Jenny Lake, an authorized boating concessioner may operate
motorboats under conditions specified by the Superintendent.
* * * * *
(h) Where may I ride a bicycle in Grand Teton National Park? (1)
You may ride a bicycle on park roads, in parking areas, and upon
designated routes established within the park in accordance with Sec.
4.30(a) of this chapter. The following routes are designated for
bicycle use:
(i) The paved multi-use pathway between Dornan's and the Teton Park
Road.
(ii) The paved multi-use pathway alongside the Teton Park Road
between Dornan's Junction and the South Jenny Lake developed area.
(2) The Superintendent may open or close designated bicycle routes,
or portions thereof, for bicycle use after taking into consideration
the location of wildlife, the amount of snow cover or other
environmental conditions, public safety, and other factors, pursuant to
the criteria and procedures of Sec. Sec. 1.5 and 1.7 of this chapter.
Dated: July 20, 2009.
Will Shafroth,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-23946 Filed 10-2-09; 8:45 am]
BILLING CODE 4312-CX-P
