Special Regulations; Areas of the National Park System, 60159-60183 [E9-27893]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Rules and Regulations]
[Pages 60159-60183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27893]


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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: Final rule.

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SUMMARY: This rule governs winter visitation and certain recreational 
use in Yellowstone National Park for the 2009-2010 and 2010-2011 
seasons. This final rule is issued to implement the Finding of No 
Significant Impact (FONSI) for the 2008 Winter Use Plans Environmental 
Assessment (2008 EA) approved October 15, 2009, and will provide

[[Page 60160]]

visitors a range of winter recreation opportunities that are 
appropriate to the national park setting and do not unacceptably impact 
or impair park resources or values. The rule requires that most 
recreational snowmobiles operating in the park meet certain NPS air and 
sound emissions requirements, requires that snowmobilers and snowcoach 
riders in Yellowstone be accompanied by a commercial guide, and sets 
daily entry limits on the numbers of snowmobiles and snowcoaches that 
may enter the park. Traveling off designated oversnow routes will 
remain prohibited.

DATES: The effective date for this rule is December 15, 2009.

FOR FURTHER INFORMATION CONTACT: John Sacklin, Management Assistant's 
Office, Yellowstone National Park, 307-344-2019.

SUPPLEMENTARY INFORMATION:

Background

    The National Park Service (NPS) has been managing winter use issues 
in Yellowstone National Park, Grand Teton National Park, and the John 
D. Rockefeller, Jr., Memorial Parkway for several decades under the 
guidance provided by a number of sources. The history of the issue was 
discussed at length in the notice for the proposed rule, 73 FR 65784 
(November 5, 2008) and in the 2008 EA.
    After the proposed rule was published on November 7, 2008, the U.S. 
District Court for the District of Wyoming issued an order reinstating 
the 2004 final rule on winter use in the parks, without its sunset 
provisions, ``until such time as NPS can promulgate an acceptable rule 
to take its place.'' The NPS complied with the court order and on 
December 9, 2008, republished the 2004 regulation without its 
provisions terminating snowmobile and snowcoach use after the winter of 
2006-2007. That regulation, among other things, imposed a limit of 720 
snowmobiles per day for Yellowstone, required that all recreational 
snowmobiles in Yellowstone be accompanied by a commercial guide, and 
required that all recreational snowmobiles operating in the park meet 
NPS air and sound emissions requirements for reducing noise and air 
pollution.
    The NPS is promulgating this final regulation to replace the 
reinstated 2004 regulation. It provides that the park will be open to 
an appropriate level of oversnow vehicle use for the winter seasons of 
2009-2010 and 2010-2011. During this time, NPS will determine a long-
term strategy for Yellowstone winter use.

Rationale for the Final Rule

Overview of Winter Use Program

    This rule provides for the enjoyment of the park's amenities by 
authorizing strictly managed snowmobile and snowcoach use in the park 
for the next two winter seasons. The rule is designed to be consistent 
with recent trends in oversnow vehicle use while a new long-term winter 
plan and rule are prepared. This rule allows for 318 snowmobiles per 
day in Yellowstone, as shown in the following chart, with an additional 
50 snowmobiles allowed at Cave Falls.

------------------------------------------------------------------------
                                          Commercially     Commercially
        Park entrance/location               guided           guided
                                          snowmobiles      snowcoaches
------------------------------------------------------------------------
(i) North Entrance*...................               12               13
(ii) West Entrance....................              160               34
(iii) South Entrance..................              114               13
(iv) East Entrance....................               20                2
(v) Old Faithful*.....................               12               16
(vi) Cave Falls.......................             50**                0
------------------------------------------------------------------------
* 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 reallocation of snowmobiles
  between the North Entrance and Old Faithful as necessary, so long as
  the total daily number of snowmobiles originating from the two
  locations does not exceed 24. For example, the concessioner could
  operate 6 snowmobiles at Old Faithful and 18 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 the availability of visitor services in
  Yellowstone.
** These snowmobiles operate on an approximately 1-mile segment of road
  within the park where the use is incidental to other snowmobiling
  activities in the Caribou-Targhee National Forest. These snowmobiles
  do not need to be guided or to meet NPS air and sound emissions
  requirements.

    This rule includes strict limits on the number of snowmobiles and 
snowcoaches allowed to operate within the park each day. Prior to the 
implementation of a managed winter use program in the winter of 2003-
2004, an average of 795 snowmobiles entered Yellowstone each day, with 
peak days averaging approximately 1,400. This rule allows for 318 
snowmobiles per day in Yellowstone, a reduction from the 720 
snowmobiles authorized over the previous five winters (during which 
peak use never approached 720, and average use was about 36% of that 
limit).
    For the past five winters, a managed winter use program has been in 
place. Visitors on snowmobiles must use snowmobiles that meet NPS 
requirements for air and sound emissions (generally referred to in the 
2008 EA as Best Available Technology (BAT)), but here referred to 
simply as NPS requirements to avoid confusion with use of the term best 
available technology under other environmental laws). Visitors must be 
accompanied by a commercial guide; visitors cannot snowmobile in 
Yellowstone without a guide. There is a daily limit on numbers of 
snowcoaches and snowmobiles. Speed limits are reduced in the busy 
travel corridors. The park is closed to oversnow vehicles (OSVs) at 
night. An extensive monitoring program is underway.
    In the past five winters, an average of 259 snowmobiles (in an 
average of 35 commercially guided groups) have travelled in the park 
each day, while snowcoach use averaged 31 per day. The peak day for 
snowmobiles was 557, while the peak day for snowcoaches was 60. During 
the past three winters, the park exceeded 318 snowmobiles on 63 of 252 
days the park was open. This rule allows somewhat more than the recent 
annual average number of snowmobiles and snowcoaches to enter the park, 
but would not accommodate those recent higher use days for snowmobiles.
    The most recent use levels indicate that the number of commercially 
guided snowmobile groups and the number of persons in those groups are 
very similar to those using commercial snowcoaches. In 2008-2009, the 
average number of snowmobile groups was 31 per day, while snowcoaches 
averaged 29 per day.

[[Page 60161]]

Each snowmobile group included an average of 8.9 people, while each 
snowcoach carried an average of 8.5 people.

Resource Impacts From Winter Use

    Air quality is very good to excellent in the winter, despite 
frequent temperature inversions, which trap pollutants near the ground 
and affect air quality. NPS sound and air emission requirements, limits 
on numbers, and commercial guiding have all contributed to the 
improvements in air quality over historical (pre-2003) use. Only 
snowmobiles meeting NPS requirements are allowed. Currently, the 
snowmobiles use four-cycle engines that produce far less pollution than 
the two-cycle engines that were once used. Snowmobiles meeting NPS air 
emission requirements are very similar in their per passenger emissions 
to snowcoaches. Snowcoaches use more fuel on a per passenger basis than 
do snowmobiles. They average 2-4 miles per gallon while snowmobiles 
that meet NPS requirements get 20-26 miles per gallon. In addition, 
rough roads and soft snow conditions result in higher fuel consumption 
and high emissions for snowcoaches.
    Winter use will have some effects on wildlife, just like every 
other form of visitor use of the park. Extensive studies of the 
behavioral responses of five species (bison, elk, bald eagle, trumpeter 
swan, and coyotes) to oversnow traffic showed that these animals rarely 
showed high-intensity responses (movement, defense postures, or flight) 
to approaching vehicles. The responses to normal snowmobile and 
snowcoach use that do occur do not cause the taking, frightening, or 
intentional disturbance that is prohibited by NPS regulations. 
Furthermore, thirty-five years of census data do not reveal any 
relationship between changing winter use patterns and elk or bison 
population dynamics. No wildlife populations are currently declining 
due to winter use (swan populations are declining, but this decline is 
being experienced regionally and due to factors unrelated to winter use 
in the park or region). Few animals are expected to be killed as a 
result of vehicle collisions. The best available information suggests 
negligible to minor effects for most species, with potential moderate 
effects for swans and eagles. Use will be well below levels previously 
studied by NPS wildlife biologists and well within the limits 
recommended by those studies. We conclude that winter use at the 
permitted levels does not pose a risk of unacceptable impacts or 
impairment to any wildlife population. All visitors utilizing motorized 
oversnow vehicles travel with commercial guides, learning about and 
enjoying the abundant wildlife sightings.
    Soundscapes are good to very good in the park. Snowmobiles that 
meet NPS sound requirements are noticeably quieter than traditional 
snowmobiles (at idle and while underway). In addition, snowmobiles with 
four-cycle engines that meet NPS requirements sound similar to 
snowcoaches in the winter and do not sound like traditional two-stroke 
snowmobiles. Commercial guiding further reduces sound levels and the 
amount of time that snowmobiles can be heard by reducing speeding and 
idling and by keeping the vehicles grouped. One concern is that some 
vehicles are too loud. However, monitoring results demonstrate that 94% 
of all high sound intensity events are caused by snowcoaches. Overly 
loud snowcoaches include both older, historic Bombardier snowcoaches 
that have not been modified or upgraded, as well as a number of modern 
snowcoaches. The NPS intends to implement sound and air emission 
requirements for snowcoaches in the long-term plan, subsequent to this 
rule, to address this concern. The percent of time that OSVs are heard 
has been a concern. As explained further below, however, NPS has 
determined that the percentage of time in which OSVs will be audible 
under this rule does not cause impairment or unacceptable impacts.
    Based on a 2008 winter survey, NPS has found that visitors are 
enjoying the park, and they are satisfied with the management that is 
in place. Visitors will continue to find wildlife to be both wild and 
easily viewed. Under this rule, visitors will continue to find wildlife 
to be both wild and easily viewed. All visitors utilizing motorized 
vehicles will travel with commercial guides, learning about and 
enjoying the abundant wildlife sightings. A winter 2008 survey found a 
high level of satisfaction with soundscape conditions, wildlife, and 
the managed winter use program.
    Personal exposure of employees to air pollutants has generally been 
greatly reduced from historic levels. Some monitoring from previous 
years indicated small exceedances of national standards for benzene and 
formaldehyde. The source could be snowcoaches or snowmobiles, or more 
likely both. Last winter's monitoring showed no exceedances of these 
standards.

Impairment, Unacceptable Impacts, and Appropriate Use

    In addition to determining the environmental consequences of the 
alternatives, NPS policy requires consideration of impacts 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 the 2006 NPS 
Management Policies (Management Policies) explain (section 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 
or 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 discretion to determine what 
impacts are allowed that would not impair park resources or values.
    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 park will not result in unacceptable impacts to 
park resources or values, and by further allowing impacts to park 
resources only when allowing the impacts is appropriate to fulfill the 
purposes of the park and is necessary (meaning that the impacts are 
unavoidable and incapable of further mitigation in light of the 
authorized appropriate use).
    Over the last five winter seasons, the park was intensively managed 
in order to provide heightened protection to the environment and 
prevent the impairment of park resources and values. As discussed in 
the FONSI and based on the analysis in the 2008 EA and monitoring and 
studies over the past five years, the NPS has determined that no 
impairment of park resources or values occurred during those five 
years.
    The NPS has also determined that implementation of Alternative 2 
(Selected Alternative) and the final rule would not result in 
unacceptable impacts or impairment to park resources or values. As 
disclosed in the 2008 EA,

[[Page 60162]]

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 of these effects. For 
soundscapes, the adverse impacts would be negligible to moderate, due 
to audibility and maximum sound levels. Exceedances of maximum sound 
levels by snowcoaches will be mitigated while this rule is in place 
through driver education and reducing snowcoach travel speed. This will 
be communicated during pre-season meetings with commercial guides and 
outfitters, and to individual drivers during park-sponsored orientation 
training. Air quality impacts are forecast to be negligible because the 
air and sound emissions requirements and strict daily entry limits will 
reduce emissions. Impacts on visitor and employee health and safety in 
Yellowstone are expected to be moderately adverse due to possible high 
snowcoach noise exposure levels. Avalanche danger at Sylvan Pass also 
creates moderate adverse impacts. Both the noise exposure issues and 
the avalanche danger would be mitigated in several ways.
    As described in the 2008 EA, the NPS's threshold for considering 
whether there could be an impairment is based on major (or significant) 
effects. The 2008 EA identified less than major effects on wildlife, 
natural soundscapes, and air quality for Alternative 2. Indeed, while 
some major effects have resulted from snowmobile or snowcoach use over 
the past five years--which included some days where snowmobile usage 
was nearly double the daily limit now adopted--the NPS has determined 
that none of the effects associated with that usage caused any 
impairment of park resources. Guided by this analysis and the 
professional judgment of National Park Service managers, the NPS has 
determined that there would be no impairment of park resources or 
values from implementation of the final rule.
    Finally, the NPS has determined that the impacts associated with 
the OSV use permitted over the next two winter seasons, which are 
described at length in the 2008 EA, are both appropriate and necessary 
to fulfill the purposes of the park.
    Section 1.5 of Management Policies, ``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 or 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, ``Process for Determining Appropriate Uses,'' directs the NPS 
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 or values; total costs to the NPS; 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.

Environmental Assessment and Finding of No Significant Impact

    The 2008 EA and the 2009 FONSI supporting this final rule contain 
the above-described evaluation of the permitted OSV use. In addition, 
they demonstrate that no unacceptable impacts are anticipated as a 
result of the use. Finally, the Preferred Alternative in the 2008 EA 
establishes a comprehensive monitoring and adaptive management plan to 
address any unanticipated unacceptable impacts. On this basis, the NPS 
has determined that the proposed OSV use permitted over the next two 
winter seasons is appropriate to fulfill the purposes of the park.
    The NPS has also determined that the proposed OSV use permitted 
over the next two winter seasons is necessary to fulfill the purposes 
of the park. The National Park Service Organic Act directs the NPS to 
promote the use of the national parks by such means and measures as to 
conform to the fundamental purpose of said parks, which purpose 
includes providing for the enjoyment of the scenery, natural and 
historic objects, and wildlife within the parks (16 U.S.C. 1). 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 or values.''
    As explained in the 2008 EA, OSV use of Yellowstone National Park 
has been occurring since 1949, and snowmobiles have been used for 48 of 
the park's 137 years. Yellowstone is a large park, distances between 
attractions at Yellowstone are great, and some form of motorized 
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 used in the summer. They are 
both forms of transportation, not recreational activities unto 
themselves. 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.
    The NPS received approximately 27,500 comments on the 2008 EA and 
39,767 comments on the proposed rule. In many cases, the comments 
received on the proposed rule were very similar in content to those 
received on the 2008 EA. Numerous commenters expressed concerns that 
the Preferred Alternative and the rule, would violate the NPS Organic 
Act and would be inconsistent with the 2006 NPS Management Policies, 
among other things causing unacceptable impacts to park resources and 
values. The NPS believes most of these concerns are based on a belief 
that snowmobiles do not belong in the park, and should be replaced with 
snowcoaches. These concerns do not take into account recent monitoring 
and studies that show the nearly equal contribution of snowmobiles and 
snowcoaches to the concerns expressed by the commenters (and that 
snowcoaches are clearly the source of some concerns). Statistically, 
movement responses of wildlife were slightly higher for snowcoaches 
than for snowmobiles. Monitoring also indicates that commercially 
guided snowmobile groups and snowcoaches contribute similarly to the 
amount of time OSVs are heard. Snowcoaches also use more fuel on a per 
passenger basis than do snowmobiles. In short, neither OSV type 
provides a clear advantage with respect to environmental impacts. 
Recent monitoring and studies demonstrate that the regulated use of 
both snowcoaches and snowmobiles described in the Selected Alternative 
will not result in impairment of park resources or values,

[[Page 60163]]

nor will it result in unacceptable impacts on the park.

Air and Sound Emission Requirements

    To mitigate impacts to air quality and the natural soundscape, the 
NPS is continuing the requirement that all recreational snowmobiles 
meet strict air and sound emissions requirements to operate in the 
park, with limited exceptions. For air emissions, 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 emissions, snowmobiles 
must operate at or below 73 dBA as measured at full throttle according 
to Society of Automotive Engineers (SAE) J192 test procedures (revised 
1985). The Superintendent will maintain a list of approved snowmobile 
makes, models, and years of manufacture that meet NPS requirements. The 
certification is good for six years from the date on which a model is 
certified as meeting the requirements.
    The NPS is continuing the requirement that began with the 2005 
model year that all snowmobiles must be certified under 40 CFR part 
1051 to a Family Emission Limit (FEL) no greater than 15 g/kW-hr for 
hydrocarbons (HC) and 120 g/kW-hr for carbon monoxide (CO). Snowmobiles 
must be tested on a five-mode engine dynamometer consistent with the 
test procedures specified by the EPA (40 CFR parts 1051 and 1065). 
Other test methods could be approved by the NPS.
    The NPS is retaining the use of the FEL method for demonstrating 
compliance with its emissions requirements because it has several 
advantages. First, use of FEL will ensure that all individual 
snowmobiles entering the park achieve the NPS's emissions requirements, 
unless modified or damaged (under this regulation, snowmobiles which 
are modified in such a way as to increase air or sound emissions will 
not be in compliance with NPS requirements and therefore not permitted 
to enter the park). Use of FEL will also minimize any administrative 
burden on snowmobile manufacturers to demonstrate compliance with NPS 
requirements because they already provide FEL data to the EPA. Further, 
the EPA has the authority to ensure that manufacturers' emissions 
claims on their FEL applications are valid. EPA also requires that 
manufacturers conduct production line testing (PLT) to demonstrate that 
machines being manufactured actually meet the certification levels. If 
PLT indicates that emissions exceed the FEL levels, then the 
manufacturer is required to take corrective action. Through EPA's 
ability to audit manufacturers' emissions claims, the NPS will have 
sufficient assurance that emissions information and documentation will 
be reviewed and enforced by the EPA. FEL also takes into account other 
factors, such as the deterioration rate of snowmobiles (some 
snowmobiles may produce more emissions as they age), lab-to-lab 
variability, test-to-test variability, and production line variance. In 
addition, under the EPA's regulations, all snowmobiles manufactured 
must be labeled with FEL air emissions information. This labeling will 
help to ensure that NPS emissions requirements are consistent with 
these labels. The use of FEL will avoid potential confusion for 
consumers.
    The air emissions requirements for snowmobiles allowed to operate 
in the park should not be confused with standards adopted by the EPA in 
a final rule published in the Federal Register on November 8, 2002 (67 
FR 68242). The EPA regulations require manufacturers to meet certain 
fleet averages for HC and CO emissions. For example, the Phase 1 
standards required all snowmobile manufacturers to meet a fleet-wide 
average in 2007 of 275 g/kW-hr for CO and 100 g/kW-hr for HC, which 
represents a 30% reduction from the baseline emission rates for 
uncontrolled snowmobiles. Any particular make/model may emit more or 
less than the standard as long as the fleet average does not exceed the 
standard. Phase 2 and Phase 3 standards will be implemented in 2010 and 
2012, respectively, effectively requiring the equivalent of a 50% 
reduction in both HC and CO as compared to average baseline levels. By 
comparison, NPS requires that all snowmobiles operating in the park 
meet a FEL of 120 g/kW-hr for CO and 15 g/kW-hr for HC. This means that 
snowmobiles operating in the park represent the cleanest that are 
commercially available.
    To determine compliance with the sound emissions requirements, 
snowmobiles must be tested using SAE J192 test procedures (revised 
1985; or potentially as further revised and adapted for use by NPS). 
The NPS recognizes that the SAE updated these test procedures in 2003; 
however, the changes between the 2003 and 1985 test procedures could 
yield different measurement results. The sound emissions requirement 
was initially established using 1985 test procedures (in addition to 
information provided by industry and modeling). To ensure consistency 
in the test results, the NPS will at this time continue to use the 1985 
test. The SAE J192 (revised 1985) test also allows for a tolerance of 2 
dBA over the sound limit to account for variations in weather, snow 
conditions, and other factors. The NPS understands that an update to 
the 2003 J192 procedures may be underway, and the NPS will continue to 
evaluate these test procedures and possibly adopt them after these 
regulations are implemented. Other test methods could be approved by 
NPS on a case-by-case basis.
    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 
requirement. This allowance for reduced barometric pressure is 
necessary since snowmobiles were tested at the elevation of Yellowstone 
National Park, where atmospheric pressure is lower than that under the 
SAE J192's requirements. Testing data indicate that snowmobiles test 
quieter at higher elevation, and therefore some snowmobiles may comply 
with the NPS's sound emissions requirements at higher elevations even 
though they do not when tests are conducted near sea level.
    The NPS will annually publish a list of snowmobile makes, models, 
and years of manufacture that meet its emissions and sound 
requirements. Snowmobile manufacturers may demonstrate that snowmobiles 
are compliant with the air emissions requirements by submitting to the 
NPS a copy of their applications used to demonstrate compliance with 
EPA's general snowmobile regulation (indicating FEL). The NPS will 
accept this application information from manufacturers in support of 
conditionally certifying a snowmobile as meeting its air emissions 
requirements, pending ultimate review and certification by EPA at the 
same emissions levels identified in the application. Should EPA certify 
a snowmobile at an emission level that would no longer meet the NPS's 
requirements, this snowmobile would no longer be considered by NPS to 
be compliant with its requirements and would be phased-out according to 
a schedule that will be determined by the NPS to be appropriate. For 
sound emissions, snowmobile manufacturers may submit their existing 
Snowmobile Safety and Certification Committee (SSCC) sound level 
certification form. Under the SSCC machine safety standards program, 
snowmobiles are

[[Page 60164]]

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 continue to rely on certified air and sound emissions data from the 
private sector rather than establish its own independent testing 
program. When the NPS certifies snowmobiles as meeting its 
requirements, NPS will announce how long that certification applies. 
Generally, each snowmobile model will be approved for entry into the 
park for six winter seasons after it is 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. If a manufacturer recertifies a snowmobile 
model to NPS requirements for emissions and sound, it could be used for 
additional years. It is also based on EPA snowmobile emission 
regulations and the deterioration factors that are part of those 
regulations (EPA requires that if a manufacturer certifies its 
snowmobile will comply with EPA's emission regulations, the snowmobile 
will meet those regulations for a period of five years or 5,000 miles).
    Individual snowmobiles modified in such a way as to increase sound 
and air emissions of hydrocarbons and carbon monoxide beyond the 
emission restrictions will be denied entry to the park. It is the 
responsibility of end users and guides and outfitters to ensure that 
their OSVs, whether snowmobiles or snowcoaches, comply with all 
applicable restrictions. Air and sound emission requirements for 
snowcoaches are described below. In Yellowstone, the requirement that 
all snowmobilers travel with commercial guides will assist NPS in 
enforcing these requirements, since businesses providing commercial 
guiding services in the park are responsible under their contracts with 
the park to ensure that their clients use only snowmobiles that meet 
the NPS's requirements. 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.
    Snowmobiles being operated on the Cave Falls Road, which extends 
approximately one mile into Yellowstone from the adjacent national 
forest, will be exempt from air and sound emissions requirements. 
Because of the low level of impacts resulting from the light use of the 
Cave Falls Road, which is incidental to recreational use of the 
surrounding national forest, NPS has found it is not necessary to 
require these users to comply with requirements that address issues 
associated with use of the interior portions of the park.
    Under concession contracts issued in 2003, 78 snowcoaches are 
currently authorized to operate in Yellowstone (and in the parkway 
between Flagg Ranch and Yellowstone's South Entrance). 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 
being used are passenger vans or light buses that have been converted 
for oversnow travel using tracks and/or skis. During the winter of 
2008-2009, an average of 29 snowcoaches entered Yellowstone each day 
(during the prior winter, 2007-2008, an average of 35 snowcoaches 
entered the park each day).
    As of the winter of 2009-2010, all snowcoaches must be commercially 
guided. These trained, knowledgeable operators help ensure that air and 
sound emission requirements are met, wildlife impacts are minimized, 
and visitor and employee safety is assured.
    The University of Denver conducted winter emissions measurements in 
Yellowstone 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 snowcoaches and snowmobiles meeting NPS 
air emission requirements are now very similar in their per passenger 
emissions. This work also supports snowmobile air emissions 
requirements and the development of snowcoach air emission 
requirements. The snowcoach fleet should be modernized to reduce carbon 
monoxide and hydrocarbon emissions. However, road and snow conditions 
and low power-to-weight ratios of snowcoaches contribute considerably 
to air emissions. This means that even an upgraded snowcoach fleet 
operating in Yellowstone will have days for which fuel consumption and 
emission levels might be high.
    In comparison with older carbureted snowcoaches, snowcoaches 
operating within EPA's Tier I standards are cleaner. In 2004, EPA began 
phasing-in Tier II emissions standards for multi-passenger vans, and 
they will be fully phased-in during 2009. Tier II standards will 
require that vehicles be even cleaner than Tier I, 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.
    The restrictions on air and sound emissions 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 park. 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 Section 310 of the 
Clean Air Act.
    Since 2001, the park has been converting its own administrative 
fleet of snowmobiles to meet these NPS requirements. These newer 
machines have proven successful in fulfilling most of the NPS's 
administrative needs throughout the park. However, the NPS recognizes 
that some administrative applications, such as off-trail boundary

[[Page 60165]]

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 NPS's air and sound emissions requirements. In such limited cases, 
the NPS will sometimes need to use snowmobiles that do not meet the 
requirements this rule imposes upon recreational snowmobiles (which do 
not have these special needs because they travel only upon groomed 
roads as part of a tour group led by a commercial guide).

Guided Tours and Group Size

    In order to mitigate impacts to natural soundscapes and wildlife, 
and for visitor and employee safety, all recreational snowmobiles and 
snowcoaches operated in Yellowstone must be led by a commercial guide, 
except for those snowmobiles 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 has been found in practice to 
reduce conflicts with wildlife along roadways because these commercial 
guides are trained to lead visitors safely around the park with minimal 
disturbance to wildlife. Commercial guides are educated in safety, 
knowledgeable about park rules, and are required to exercise reasonable 
control over their clientele, which has reduced unsafe and illegal 
snowmobile use. Because of the contractual obligations to which 
commercial guides are subject, NPS has found this results in more 
effective enforcement of park rules. These guides receive rigorous 
multi-day training. They also are experts at interpreting the resources 
of the park to their clients. Commercial guides are employed by local 
businesses, not by NPS. Commercial guiding also tends to result in 
larger snowmobile parties than unguided use, which reduces the overall 
number of encounters with wildlife and reduces the amount of time that 
OSVs are audible (and, conversely, increases the interval of time that 
OSVs are not heard).
    No more than eleven snowmobiles will be permitted in a group, 
including that of the guide. 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. These size and 
distance limits require that guided parties do not become separated, 
provide for sufficient and safe spacing between individual snowmobiles 
within the guided party, and allow the guide(s) to maintain control 
over the group to minimize the impacts on wildlife and natural 
soundscapes. NPS thus expects that the continuation of the guiding 
requirement will facilitate compliance with park regulations and 
protect park resources.
    Commercial snowmobile guides use a ``follow-the-leader'' approach, 
stopping often to talk with the group. They lead snowmobiles single-
file through the park, using hand signals to pass information down the 
line from one snowmobile to the next, a system which has proven to be 
effective. Signals are used to warn group members about wildlife and 
other road hazards, indicate turns, reduce speed, 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. Guides are thus well-equipped to ensure that park 
regulations are enforced, wildlife are protected, and to provide a 
safer overall experience for visitors.
    Since the winter of 2003-2004, all snowmobilers in Yellowstone have 
been led by commercial guides, resulting in considerable positive 
effects on visitor health and safety. Guides have been proven to be 
very effective at enforcing proper touring behavior, such as adherence 
to speed limits, staying on the groomed road surfaces, and other 
snowmobiling behaviors that are appropriate to safely and responsibly 
visit the park. Since implementation of the guiding program, there have 
been pronounced reductions in the number of law enforcement incidents 
and accidents associated with the use of snowmobiles, even when 
accounting for the reduced number of snowmobilers relative to historic 
use levels. The use of guides is also beneficial to wildlife, since 
guides are trained to respond appropriately when encountering wildlife.

Snowmobile and Snowcoach Routes

    Snowmobiles and snowcoaches will continue to be restricted to 
designated oversnow routes, which are a subset of the same roads that 
are traveled by motor vehicles during the remainder of the year. In 
addition to most of the Grand Loop Road, certain side roads will be 
open for snowmobile use after noon, based on the successful experience 
of the NPS with temporal zoning on Firehole Canyon Drive. Virginia 
Cascades will be accessible only via ski and snowshoe.
    The final rule also allows for up to 50 snowmobiles to enter 
Yellowstone on the Cave Falls Road, an approximately one-mile segment 
extending into the southwest corner of the park from the Targhee 
National Forest. This short road segment does not connect to the rest 
of the oversnow routes in Yellowstone, and connects only to the 
national forest lands, which do not have air and sound requirements or 
guiding requirements. Use of this route is incidental to recreational 
use of the national forest lands, is far removed from the snowmobile 
use and the resulting impacts that occur within the interior of 
Yellowstone, and is therefore considered separately from the 318 
snowmobile limit.
    Snowmobile and snowcoach use in the two-mile road segment between 
Yellowstone's South Entrance and Flagg Ranch in the John D. 
Rockefeller, Jr. Memorial Parkway will be governed by Yellowstone 
requirements (as is also discussed in the separate rule for the 
Parkway). That is all snowmobiles operating on this road segment must 
meet the commercial guiding, NPS air and sound requirements, daily use 
limits, and other requirements to operate in Yellowstone. Similarly, 
all snowcoaches operating on this road segment must meet Yellowstone 
requirements.

Monitoring and Adaptive Management

    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. As part of its adaptive management of winter use activities, 
NPS will close selected areas of the park to visitor use, including 
sections of roads, if these studies indicate that human presence or 
activities have unacceptable impacts on wildlife or other park 
resources that cannot otherwise be mitigated. A one-year notice will 
ordinarily be provided before any such closure is implemented unless 
immediate closure is deemed necessary to avoid impairment of park 
resources. The Superintendent will continue to have the authority under 
various provisions of this rule as well as 36 CFR 1.5 to take emergency 
actions to protect park resources and values.
    The adaptive management program described in the 2008 EA provides 
park managers with a wide variety of tools to ensure that the goals and 
objectives of the winter use plans are being achieved. Some of the 
techniques available include adjustments in snowmobile or snowcoach use 
levels (up or down), adjustments in air and sound emissions 
requirements, visitor and guide education, timing of entries, and group 
sizes.
    Adjustment to the daily entry limits for snowmobiles and 
snowcoaches is

[[Page 60166]]

one of several tools available to park managers to ensure that the 
goals and objectives of the winter use plan are maintained. Through 
adaptive management, if monitoring of use levels of snowmobiles and 
snowcoaches allowed under the FONSI indicates acceptable conditions, 
the NPS will increase use levels to the extent acceptable conditions 
can be maintained. Conversely, if monitoring of use levels of 
snowmobiles and snowcoaches allowed under the FONSI indicates 
unacceptable conditions, the NPS will reduce use levels to an extent 
that acceptable conditions can be maintained. In some cases, additional 
rulemaking would be required in order to adjust numbers.
    The NPS is implementing a multi-year research proposal intended to 
specifically address the question of whether grooming of the Madison to 
Norris road segment in Yellowstone has led to alterations of bison 
movements and distribution. The question was identified in a report by 
Dr. Cormack Gates et al., entitled ``The Ecology of Bison Movements and 
Distribution in and Beyond Yellowstone National Park'' (2005). The 
research program will involve a linked series of experiments that will 
enable researchers to gain insight into how road grooming and other 
factors currently affect bison travel. The NPS has begun deploying 
cameras along travel routes to gain information on the relationship 
between road grooming and bison travel. The research program will 
include the analysis of existing data on GPS-collared bison, the 
tracking of additional GPS-collared bison, and use of the cameras, 
without necessitating the closure of the Gibbon Canyon road segment to 
public OSV travel. During the five year period, other roads or routes 
may be investigated to help understand the relationship between snow 
depth, grooming, and bison movement. For example, the Firehole Canyon 
Drive may be closed to oversnow travel and the Grand Loop Road gated to 
allow snowmobile and snowcoach travel, but not allow bison movement on 
the main road. Bison would then be forced to travel cross-country or 
along the ungroomed Firehole Canyon Road. Similarly, the Madison to 
Norris Road may be fenced or gated in the vicinity of the new bridge 
over the Gibbon River to restrict bison movement on the Madison to 
Norris Road and force bison to travel cross-country. Thus, bison 
movement in relation to snow depth may be tested without closing a main 
road. However, following the five years of data gathering and analysis, 
the NPS, in consultation with the researchers, will consider closing 
the main Madison to Norris route to observe bison response. That 
decision will rely on the results of the data gathering and analysis 
and whether such a closure would be likely to yield informative data or 
conclusions. If implemented, such a closure would likely last several 
seasons.

Maintaining Entry by Sylvan Pass

    Sylvan Pass will be open 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 
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 NPS will continue to 
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 and uncertainty regarding winter 
use in the park. They have stated how those businesses will continue to 
be adversely affected if the pass is closed to OSV 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 Final Environmental 
Impact Statement (FEIS), the 2003 Supplemental Environmental Impact 
Statement, the 2004 EA, and the 2007 FEIS all clearly identify the 
considerable 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, such as high 
winds, 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, and the NPS will continue to provide 
notices of the road status.

Summary of and Responses to Public Comments

    The NPS published a proposed rule on November 5, 2008 and accepted 
public comments through November 20, 2008. The NPS reopened the comment 
period on July 24, 2009 and accepted public comments through September 
8, 2009. Comments were accepted through the mail, hand delivery, and 
through the Federal eRulemaking Portal: https://www.regulations.gov. A 
total of 39,767 comment documents were received.
    1. Comment: The numbers of snowmobiles and snowcoaches that

[[Page 60167]]

should be permitted into the park should be set at numbers higher or 
lower than those proposed by the plan.
    Response: A limit of 318 will produce an average considerably lower 
than those seen in recent years. With a limit of 720 over the last 5 
years, snowmobile use did not average more than 300 per day. On most 
days, use was much lower than 300 (in January/February 2007, the 
average, for example, was 273), but the average was closer to 300 as a 
result of the higher numbers seen around Christmas 2006 and other peak 
days, when use rose as high as 543 per day. A limit of 318 will greatly 
reduce those peaks and thereby is expected to lower the overall 
average. For various reasons, it is not expected that the 318 daily 
limit will be reached during the next two winters. It will likely be 
difficult for all guides and outfitters to fill their allocations: 
different sizes of groups will probably create one or two unused 
snowmobiles per allocation, and last minute cancellations will probably 
leave some allocations unused. Also, using last winter as an example, 
one guide company had only 10 snowmobiles available to use, out of an 
allocation of 30. Thus, every day, 20 snowmobile allocations went 
unused. Finally, unless recent use patterns illustrated in the 2008 EA 
shift greatly, the 318 limit will not be reached every day or even 
often enough to produce an average more than 300. Also, as explained in 
the 2008 EA, NPS cannot allow higher numbers of snowmobile or 
snowcoaches to enter the park until the NPS analyzes their effects in 
an EIS, because higher numbers of snowmobiles and snowcoaches have the 
potential to create major adverse impacts. Additionally, at this time, 
NPS has not conducted sufficient analysis to determine whether higher 
numbers would cause unacceptable impacts or would otherwise be an 
appropriate use. In a long-term plan and EIS, alternatives with higher 
numbers of snowmobiles would be considered.
    2. Comment: The method in which snowmobile limits should be set 
should be based on seasonal variations, adaptive management, annual 
maximums, high demand times (holidays), and/or concession contracts, as 
is the case for snowcoaches.
    Response: As reflected in the analyses within the judicially 
vacated 2007 EIS providing for variable daily limits would have the 
potential to create major adverse impacts on park soundscapes, 
particularly on days when visitation exceeded 318 snowmobiles and 78 
snowcoaches. Such impacts would have to be first be analyzed in an EIS. 
Weekends are not necessarily the busiest days; allowing higher 
visitation on weekends could deprive visitors the ability to enter on 
weekdays. Annual limits would provide variable daily limits as well and 
may result in major impacts. Such an alternative must be first analyzed 
in an EIS, and could be analyzed in the long-term plan and EIS. The 
decision includes an adaptive management program.
    3. Comment: The NPS should phase out or ban snowmobiles, and 
transition to a snowcoach-only system.
    Response: Current science suggests that a snowcoach-only system in 
Yellowstone could cause a number of impacts: major soundscape impacts, 
high fuel consumption, greater wildlife responses, and more damage to 
the snow road surface than from snowmobiles. At this time NPS has not 
conducted sufficient analysis to determine whether such a system would 
cause unacceptable impacts or would otherwise be an appropriate use. In 
a long-term plan and EIS, such a system would be considered.
    4. Comment: The NPS should consider alternatives beyond the use of 
snowmobiles or snowcoaches, including plowing more roads in the winter 
to allow for vehicle use.
    Response: As explained on 2008 EA pp. 2-8 to 2-9, plowing was 
dismissed as an alternative in this EA because doing so would add 
uncertainty and because many winter operators had already invested in 
oversnow equipment, assuming a plan similar to this one would indeed be 
implemented. The plowing option remains a possibility to consider in 
long-term winter use planning.
    5. Comment: The current system of commercial guides should be 
modified to include non-commercial guides certifying individuals to 
lead groups, or the elimination of the requirement for a guide all 
together.
    Response: The concept of non-commercial guiding or unguided access 
(both with training programs) has been analyzed in previous winter 
plans and will be evaluated in a long-term winter plan. Additionally, 
the NPS may consider the Certified Group Leader concept in its future 
long-term winter use planning. The NPS will consider non-commercial 
guides in long-term winter use planning. The interim plan will last for 
two winters, which is not sufficient time to design and implement pilot 
or test programs and study and report on their effects.
    6. Comment: Snowmobile numbers should be regulated through 
variations in when and where snowmobiles can access the park, such as 
``snowmobile only'' days and/or limiting snowmobile use to certain 
areas of the park.
    Response: Alternating kinds of visitation by week or day would be 
logistically difficult to implement and would not provide the 
consistency needed for effective trip planning for visitors in a short-
term plan. In a long-term plan, the alternatives will consider a 
variety of spatial or temporal zoning as the comment suggests.
    The requirement to use commercial guides has the effect of grouping 
all snowmobilers and many snowcoaches into certain time windows. 
Generally, these are two hour windows in the mornings and afternoons at 
the entrances and midday at Old Faithful. Outside of those periods 
commercial use is greatly reduced, and the opportunity to walk or ski 
in silence is more readily available. The NPS wishes to protect park 
soundscapes at all times of the winter, not just these less busy time 
periods. While visitors are certainly free to visit at less busy times 
to seek natural quiet, the NPS believes they also should be able to 
find it at other times. The NPS believes that adoption of the rule 
would offer ample opportunities for quiet.
    7. Comment: The NPS should consider alternative elements that focus 
on non-motorized uses such as promoting cross country skiing, and snow 
shoeing.
    Response: NPS will continue to facilitate non-motorized recreation 
and set ski tracks on the edges of snow roads. Snowshoers and cross-
country skiers also have impacts on wildlife. The best available 
science indicates that cross-country skiers are more likely than 
snowmobiles to elicit a startle or flight response in wildlife as a 
result of their less regular use patterns and quiet approach to 
animals. Yellowstone is a large park, and it is 30 miles from West 
Yellowstone to Old Faithful and 50 miles from Mammoth Hot Springs to 
Old Faithful. Most visitors cannot ski or snowshoe these distances. For 
most visitors to enjoy locations in Yellowstone such as Old Faithful or 
the Grand Canyon of the Yellowstone, motorized access is necessary. Ski 
and snowshoe opportunities are available throughout the park, and many 
people access trailheads via snowmobile or snowcoach.
    8. Comment: Only certain types of snowmobiles and/or snowcoaches 
with special technology should be allowed in the park.
    Response: Electric snowmobiles could be used in Yellowstone under 
this winter use plan if they meet all other requirements. NPS is not 
aware of their commercial availability. Four-stroke

[[Page 60168]]

snowmobiles have been operated by concessioners within the park for the 
past six years. There are currently air and sound requirements for 
snowmobiles, and future requirements for snowcoaches are expected. 
Snowmobiles that meet NPS air and sound requirements have considerably 
cleaner emissions and are quieter than snowmobiles that do not meet NPS 
requirements. The NPS continues to encourage snowmobiles (and 
snowcoaches) to employ improved technologies. NPS will continue to move 
towards air and sound requirements for snowcoaches, and snowcoaches 
will be required to adhere to noise and air emissions requirements, 
similar to those of snowmobiles.
    9. Comment: The park should consider additional actions such as 
increasing law enforcement activities, lowering speed limits, stopping 
accommodation of winter use, prohibiting tours and allowing trips to 
set destinations only, and expansion of educational programs regarding 
winter use opportunities at Yellowstone.
    Response: NPS will continue enforcement of its regulations. While 
an adjustment to speed limits may be analyzed further in the long-term 
winter use planning effort, a much lower speed limit would not allow 
access to Yellowstone's widely-spaced attractions. The NPS believes 
providing motorized oversnow access to the features of Yellowstone for 
the next two winter seasons helps fulfill the mission of the park to 
provide for visitor use and enjoyment of those resources. The current 
commercial guiding program provides an excellent way for the public to 
learn about the park and appropriate behavior. In the long-term plan, 
the NPS will evaluate alternatives that look at education programs for 
unguided or non-commercial guided opportunities.
    10. Comment: The interim plan should be modified to include 
different timeframes for how long it would be in effect and different 
seasonal entry points.
    Response: NPS believes the 2-year duration of the plan is necessary 
to provide adequate time to develop a new long-term winter use plan. In 
a long-term plan, the alternatives will consider a variety of spatial 
or temporal zoning as the comment suggests.
    11. Comment: Winter use management should include either high fees 
for snowmobile use or subsidized snowcoach use.
    Response: NPS will consider the fee suggestion in future long-term 
winter use planning.
    12. Comment: NPS should create a lottery, permit, or reservation 
system to limit winter use access, including a safety test or other 
educational component to assist the park in enforcement. Allocations 
among guides and outfitters should be fair and equal.
    Response: Through the use of commercial guides, a reservation 
system is in place so that visitors can plan ahead for access to the 
park. Other allocation systems and education opportunities will be 
evaluated in the long-term winter use planning. The commercial guiding 
program has substantially assisted the park in improving compliance 
with park regulations.
    13. Comment: Areas outside the park should be designated for 
snowmobile use, the park should be periodically shut down to allow for 
regeneration of the ecosystem, and snowmobiles should be required to 
stay on certain tracks if use is allowed in the Park.
    Response: Whether areas outside the Park are also available for 
snowmobiling is not within the scope of this decision-making process. 
Snowmobiles in Yellowstone have always been restricted to park roads 
and have never been permitted off-road. The sheer size of Yellowstone 
means that more than one road is necessary to provide adequate visitor 
access. The No Action Alternative considered in the 2008 EA have closed 
the park and therefore better protected air quality. However, that 
alternative would have seriously limited access to much of the park for 
those not capable of skiing or snowshoeing long distances. Snowmobiles 
as well as snowcoaches offer visitors the opportunity to enjoy 
Yellowstone. With the requirement to use only snowmobiles that meet NPS 
air and sound requirements and are accompanied by a commercial guide, 
snowmobiles serve as a form of access to the features of Yellowstone, 
not a separate recreational activity.
    14. Comment: NPS should require that winter users maintain 100 
meter animal distance when stopping.
    Response: The NPS requires visitors stay at least 100 yards (91 m) 
away from bears and wolves and at least 25 yards (23 m) away from all 
other animals--including bison, elk, bighorn sheep, deer, moose, and 
coyotes.
    15. Comment: Snowmobiles should only be allowed for use by rangers, 
the disabled, or for emergency operations.
    Response: Administrative use