Special Regulations; Areas of the National Park System, Yellowstone National Park, 39048-39062 [2011-16786]
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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules
(A) In FY 2012, 90 percent for
network SCHs or 85 percent for nonnetwork SCHs.
(B) In FY 2013, 80 percent for network
SCHs or 70 percent for non-network
SCHs.
(C) In FY 2014, 70 percent for network
SCHs or 55 percent for non-network
SCHs.
(D) In FY 2015, 60 percent for
network SCHs or 40 percent for nonnetwork SCHs.
(E) In FY 2016, 50 percent for network
SCHs or 25 percent for non-network
SCHs.
(F) In FY 2017, 40 percent for network
SCHs or 10 percent for non-network
SCHs.
(G) In FY 2018, 30 percent for
network SCHs or 0 percent for nonnetwork SCHs.
(H) In FY 2019, 20 percent for
network SCHs or 0 percent for nonnetwork SCHs.
(I) In FY 2020, 10 percent for network
SCHs or 0 percent for non-network
SCHs.
(J) In FY 2021, 0 percent for network
SCHs or 0 percent for non-network
SCHs.
(iii) The second step referred to in
paragraph (a)(7)(i) of this section is a
year-end adjustment. The year-end
adjustment will compare the aggregate
amount paid over a 12-month period
under paragraph (a)(7)(ii) of this section
to the aggregate amount that would have
been paid for the same care using the
TRICARE DRG-method (under
paragraph (a)(1) of this section). In the
event that the DRG method amount is
the greater, the year-end adjustment will
be the amount by which it exceeds the
aggregate amount paid. In addition, the
year-end adjustment also may
incorporate a possible upward
adjustment based on a TMCPA for
TRICARE network hospitals located
within MTF PSAs and deemed essential
for military readiness and support
during contingency operations. The
TMA Director, or designee, may approve
a SCH TMCPA for hospitals that serve
a disproportionate share of ADSMs and
ADDs. A TMCPA may be approved by
the Director, TMA, for a specified
period based on a showing that, without
the TMCPA, DoD’s ability to meet
military contingency mission
requirements will be significantly
compromised.
(iv) The SCH reimbursement
provisions of paragraphs (a)(7)(i)
through (iii) do not apply to any costs
of physician services or other
professional services provided to SCH
inpatients (which are subject to
individual provider payment provisions
of this section), inpatient services
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provided in psychiatric distinct part
units (which are subject to the
CHAMPUS mental health per-diem
payment system), or inpatient services
provided in rehabilitation distinct part
units (which are reimbursed on the
basis of billed charges or set rates).
*
*
*
*
*
Dated: June 23, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2011–16629 Filed 7–1–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD92
Special Regulations; Areas of the
National Park System, Yellowstone
National Park
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
(NPS) is proposing this rule to establish
a management framework that allows
the public to experience the unique
winter resources and values at
Yellowstone National Park. The
proposed rule would provide a variety
of use levels and experiences for visitors
by establishing maximum numbers of
snowmobiles and snowcoaches
permitted in the park on a given day. It
also would require that most
snowmobiles and snowcoaches
operating in the park meet air and
sound requirements and be
accompanied or operated by a
commercial guide.
DATES: Comments must be received by
September 6, 2011.
ADDRESSES: You may submit your
comments, identified by Regulation
Identifier Number (RIN) 1024–AD92, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Yellowstone National Park,
Winter Use Proposed Rule, P.O. Box
168, Yellowstone NP, WY 82190
• Hand Deliver to: Management
Assistant’s Office, Headquarters
Building, Mammoth Hot Springs,
Yellowstone National Park, Wyoming.
All submissions received must
include the agency name and RIN. For
additional information see ‘‘Public
Participation’’ under SUPPLEMENTARY
INFORMATION below.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Wade Vagias, Management Assistant’s
Office, Headquarters Building,
Yellowstone National Park, 307–344–
2019 or at the address listed in the
ADDRESSES section.
SUPPLEMENTARY INFORMATION:
Background
The NPS has been managing winter
use in Yellowstone National Park for
several decades. A detailed history of
the winter use issue, past planning
efforts, and litigation is provided in the
background section of the 2011 Draft
Environmental Impact Statement (DEIS).
The park has most recently operated
under the 2009 interim plan, which was
in effect for the past two winter seasons
and expired by its own terms on March
15, 2011. With publication of this
proposed rule, and the DEIS, the NPS is
soliciting public comment on a longterm direction for winter use in
Yellowstone National Park.
Additional information, including the
DEIS, is available online at: https://
www.nps.gov/yell/parkmgmt/
participate.htm.
Park Resource Issues
The DEIS analyzes the issues and
environmental impacts of seven
alternatives for the management of
winter use in the park. Major issues
analyzed in the DEIS include social and
economic issues, human health and
safety, wildlife, air quality, natural
soundscapes, visitor use and
experience, and visitor accessibility.
Impacts associated with each of the
alternatives are detailed in the DEIS,
which is available at the following site:
https://parkplanning.nps.gov.
Description of the Proposed Rule
Snowmobile and snowcoach use at
Yellowstone National Park is referred to
as oversnow vehicle (OSV) use. The
proposed regulations are similar in
many respects to plans and rules that
have been in effect for the last six winter
seasons. Thus, many of the regulations
regarding operating conditions,
designated routes, and restricted hours
of operation have been enforced by the
NPS for several years. One notable
difference, however, is a new proposal
in this rule to provide a variety of use
levels and experiences for visitors by
establishing varying maximum numbers
of OSVs permitted in the park for
different days throughout the winter
season. This would be accomplished by
implementing different use levels for
OSV use that would vary day-by-day, on
a pre-set annual schedule, rather than
being fixed for the entire winter season.
Authorized snowmobile use would
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range from 110 to 330 vehicles per day
while snowcoach use would range from
30 to 80 vehicles per day. The varying
use levels would provide for high and
low OSV use days, allowing for a variety
of motorized and non-motorized visitor
experiences throughout the winter
season. Accordingly, certain segments of
the park’s snow roads would be closed
to visitor OSV use and would be
available for skiing and snowshoeing
during certain times of the season.
A one-season transition period to
prepare for the implementation of the
new winter use plan would be in place
for the 2011–2012 winter season. During
this transition period, provisions of the
2009 interim plan would be reinstituted, allowing for up to 318
snowmobiles and 38 snowcoaches per
day for the first year of the new plan
only.
Monitoring
As part of the park’s adaptive
management program for winter use,
scientific studies and monitoring of
winter visitor use and park resources
would continue under this proposal.
Selected areas of the park, including
sections of roads, would be closed to
visitor use if the studies and monitoring
indicate that human presence or
activities have a substantial effect on
wildlife or other park resources that
cannot be mitigated. The NPS would
provide a one-year notice before any
such closure would be implemented,
unless an immediate closure is
necessary. The Superintendent would
continue to have the authority under
either this regulation or 36 CFR 1.5 to
take emergency actions to protect park
resources or values.
Air Emission Requirements
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Snowmobiles
The proposed rule retains the
requirement from previous winter use
plans that all recreational snowmobiles
comply with air emissions restrictions.
The emission requirements for
snowmobiles (and the implementation
of those requirements for snowcoaches)
would ensure air pollution levels
remain low in the park in the winter, as
evidenced by the past seven years of air
quality monitoring that has indicated
very good air quality.
During the late 1990s, when an
average of 795 snowmobiles entered the
park each day, high levels of carbon
monoxide (CO), particulate matter (PM),
and hydrocarbons (HC) were detected.
To mitigate these emissions, the NPS
implemented snowmobile air emission
requirements beginning in 2004 that
called for emission levels no greater
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than 120 grams per kilowatt hour (g/kWhr) of CO and 15 g/kW-hr for HC. The
NPS proposes to continue these
emission requirements.
The requirements in place since 2004
have significantly reduced CO, PM, and
HC emissions. As compared to EPA’s
baseline emissions assumptions for
conventional two-stroke snowmobiles,
NPS air emission requirements have
achieved a 70% reduction in CO and a
90% reduction in HC. Improvements to
air quality have also been assisted by
daily use limits and commercial guiding
(which helps assure use of NPS-certified
snowmobiles and keeps idling to a
minimum). Use of four-stroke
snowmobiles to meet these emission
requirements has resulted in a
substantial reduction in CO and PM;
however, an increase in nitrogen oxide
(NOX) has been noted with this type of
engine. NPS expects that
implementation of air emission
requirements for snowcoaches
beginning in the winter of 2014–2015
will lead to a reduction in NOX inside
the park, and will continue to monitor
NOX. If no reduction in NOX levels is
seen after implementation of air
emission requirements for snowcoaches,
NPS may act in the future to establish
NOX emission limits for snowmobiles.
The NPS will continue the
requirement that all snowmobile
manufacturers use the EPA-approved 5mode test method and Family Emission
Limit (FEL) procedure under 40 CFR
parts 1051 and 1065 to certify that a
snowmobile meets the NPS
requirements. The FEL allows a single
engine type to be certified for use in a
number of different snowmobile
models, or an engine ‘‘family.’’
Snowmobile manufacturers may
demonstrate that snowmobiles meet
NPS air-emissions requirements by
submitting to the NPS a copy of their
EPA application (which includes the
engine’s FEL) used to demonstrate
compliance with EPA’s snowmobile
emission regulation. The NPS would
accept the application and information
from a manufacturer, while review and
certification by EPA is pending, in
support of NPS conditionally certifying
a snowmobile as meeting NPS emission
requirements. Should EPA certify the
snowmobile at a level that would no
longer meet NPS requirements, this
snowmobile would no longer be
considered to be NPS-compliant and its
use in the park would be prohibited or
phased out according to a schedule
determined by the NPS.
A snowmobile that has been modified
from the manufactured design may
increase emissions of HC and CO greater
than the proposed emission restrictions
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and therefore would not be allowed to
enter the park. It would be the
responsibility of the end user and guide
to ensure that a snowmobile complies
with all applicable restrictions.
Snowmobiles being operated on the
Cave Falls road, which extends
approximately one mile into the park
from the adjacent national forest, would
continue to be exempt from the airemission requirements. The Cave Falls
road does not connect to other park
roads and snowmobile use of this road
is independent of the other park
oversnow routes.
Snowcoaches
Under concessions contracts issued in
2003, 78 snowcoaches are authorized to
operate in the park. Approximately 29
of these snowcoaches, referred to as
‘‘historic snowcoaches’’ in this rule,
were manufactured by Bombardier
before 1983 and designed specifically
for oversnow travel. All other
snowcoaches are passenger vans or light
or medium buses that have been
converted for oversnow travel using
tracks and/or skis.
During the first three years of this
plan (through 2013–2014), historic
snowcoaches would not be required to
meet air emission requirements.
However, all non-historic snowcoaches
must meet the EPA air emissions
standards in effect when the vehicle was
manufactured. This would be
implemented by ensuring that all
emission-related exhaust components
are installed and functioning properly.
Malfunctioning emissions-related
components must be replaced with the
original equipment manufacturer (OEM)
components where possible. If OEM
parts are not available, aftermarket parts
may be used. Catalysts that have
exceeded their useful life must be
replaced unless the operator can
demonstrate that the catalyst is
functioning properly. Operating a snow
coach that has its original pollution
control equipment modified or disabled
would be prohibited. A snowcoach may
be subject to periodic inspections to
determine compliance with emission
requirements.
In 2004, EPA began phasing in new
and cleaner emissions standards for
light-duty vehicles, light-duty trucks,
and medium-duty passenger vehicles
and in 2008 for heavy duty spark and
compression ignition vehicles (the
vehicle classes most converted
snowcoaches meet). These standards are
called Tier 2 (for lighter-duty vehicles)
or ‘‘engine configuration certified’’ (for
heavier duty, diesel vehicles).
Implementation of these standards was
completed in 2010.
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As of the 2014–2015 winter, the
proposed rule would require that all
snowcoach engines meet EPA model
year 2010 emission requirements,
except that diesel-fueled snowcoaches
with a gross vehicle weight rating
(GVWR) of 8,500 pounds or more would
need to comply with EPA model year
2010 ‘‘engine configuration certified’’
diesel air emission standards.
Alternatively, and achieving better
emission results, diesel snowcoaches
with a GVWR between 8,500 and 10,000
pounds may meet the EPA light-duty
Tier 2 standards. The NPS recognizes
that some snowcoaches will likely need
to be retrofitted in order to comply.
In February 2005 and 2006, the
University of Denver collected
emissions data from various
snowcoaches. Results indicated that
snowcoaches could be modernized to
reduce CO and HC emissions. These
studies found that newer coaches are
cleaner than older models and have
emission controls that will function
more of the time. By implementing an
air emission requirement for
snowcoaches that calls for newer engine
and emission controls, the NPS expects
continued improvements in the park’s
air quality.
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Sound Emission Requirements
Snowmobiles
Sound restrictions continue to require
a snowmobile to operate at or below 73
decibels measured using the A scale
(dB(A)) while at full throttle, according
to Society of Automotive Engineers J192
test procedures (revised 1985) (SAE
J192). Beginning with the 2014–2015
winter season, the NPS would use the
most current (as of November 2012)
version of SAE J192 to determine
compliance with this requirement.
The NPS recognizes that the SAE
updated these test procedures in 2003;
however, the changes between the 2003
and 1985 test procedures could alter the
measurement results. The NPS sound
emission requirement was initially
established using 1985 test procedures
(in addition to information provided by
industry and modeling). Therefore, to be
consistent with our requirements, we
would continue to use the 1985 test.
The NPS also understands that an
update to the 2003 J192 procedures may
be underway. This rule proposes to
transition to the newer J192 test
procedures for the 2014–2015 winter
season. By specifying November 2012
for the revised procedure, the NPS and
industry would have sufficient time to
test snowmobiles that are in
development and production well ahead
of the 2014–2015 winter season. This
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rule also proposes that the NPS will
periodically update testing to conform
to future changes in SAE J192 standards
and procedures.
In past rules, the NPS has allowed a
barometric pressure variance from SAE
J192 procedures to determine if a
snowmobile meets sound emission
requirements. This is because the
original testing occurred in Yellowstone
at a barometric pressure lower than
what is allowed under SAE J192. With
the adoption of an updated SAE J192,
the NPS believes it is the appropriate
time to bring all aspects of testing into
conformance with the SAE J192
procedures.
For the first three winters of
implementation of this rule (through
2013–2014), 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 previously used
to determine the sound emissions
requirement. The reduced barometric
pressure allowance was necessary since
snowmobiles were tested at the high
elevation of the park where atmospheric
pressure is lower than the SAE J192’s
requirements. Testing data indicate that
snowmobiles test quieter at higher
elevations, and therefore may be able to
pass this test at higher elevations but
fail when tests are conducted near sea
level. Beginning in 2014–2015, the NPS
would require manufacturers to meet
the requirements of the revised SAE
J192 with no barometric pressure (high
altitude) exception.
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,
snowmobile models are certified by an
independent testing company as
complying with all SSCC safety
standards, including sound standards.
The proposed rule would not require
the SSCC form specifically, as there
could be other acceptable
documentation in the future. The NPS
intends to work cooperatively with the
snowmobile manufacturers on
appropriate documentation. Other test
methods could be approved by NPS on
a case-by-case basis.
Individual snowmobiles that have
been modified and therefore may
increase sound emissions beyond the
proposed emission restrictions would be
denied entry to the park. It would be the
responsibility of the end user and guide
to ensure that their snowmobile
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complies with all applicable
restrictions.
The NPS requirement for sound was
established by reviewing individual
machine results from side-by-side
testing performed by the NPS
contractor, Harris Miller Miller &
Hanson Inc. (HMMH) and the State of
Wyoming’s contractor, Jackson Hole
Scientific Investigations (JHSI). Six fourstroke snowmobiles were tested for
sound emissions. These emission
reports independently concluded that
all the snowmobiles tested between 69.6
and 77.0 dB(A) using the SAE J192
protocol. On average, the HMMH and
JHSI studies measured four-strokes at
73.1 and 72.8 dB(A) at full throttle,
respectively. The SAE J192 test allows
for a tolerance of 2 dB(A) over the sound
limit to account for variations in
weather, snow conditions, and other
factors.
Snowmobiles being operated on the
Cave Falls road would continue to be
exempt from the sound emission
requirements.
Snowcoaches
The NPS would require that new and
retrofitted snowcoaches not exceed 73
dB(A) when measured by operating the
coach at or near full throttle for the test
cycle. The NPS would require the same
parameters found in the current (as of
November 2012) SAE J192 sound test,
except that snowcoaches would be
operated at a steady speed at or near full
throttle. Due to their size and weight
and the challenge of testing a
snowcoach at lower barometric
pressure, snowcoaches may be sound
tested at higher elevations near and in
the park, so long as the barometric
pressure is at or above 23.4 inches Hg
uncorrected (as measured at or near the
test site).
Both the updated snowmobile and
new snowcoach sound emission
requirements should reduce the impacts
of oversnow vehicles on the park’s
soundscapes.
NPS Approved Snowmobiles and
Snowcoaches
The Superintendent would maintain
and annually publish a list of approved
snowmobiles by make, model, and year
of manufacture that meet NPS
requirements. For the winter of 2010–
2011, the NPS certified 65 different
snowmobile models (from model years
2005–2011, and various manufacturers)
as meeting the requirements. When
certifying a new snowmobile as meeting
NPS requirements, the NPS would also
publish how long the certification
applies. Generally, each snowmobile
model certification would apply for six
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consecutive winter seasons following its
manufacture. Based on NPS experience,
six years represents the typical useful
life of a snowmobile, and thus provides
a purchaser with a reasonable length of
time when operation may be allowed
within the park.
The NPS would also maintain a list of
approved snowcoaches that meet the air
and sound emissions requirements for
coaches. Since many snowcoaches are
aftermarket adaptations of wheeled
vehicles, the list would consist of the
individual vehicles that have been
approved for use. Once approved, a
snowcoach may operate in the park for
no more than 10 consecutive winter
seasons. To continue to operate in the
park, a snowcoach must then be
retrofitted to meet evolving emission
requirements and re-certified for sound.
For example, a model year 2010
snowcoach would cease to be allowed to
operate in the park as of March 15,
2020, if it is not retrofitted and re-tested.
Because of the large investment in
individual snowcoaches, the NPS
believes that a longer duration for the
certification period is appropriate, while
maintaining park resource values.
Use of Commercial Guides
To mitigate impacts to wildlife, air
quality, natural soundscapes, and visitor
and employee safety, the NPS is
proposing to continue that all
recreational OSVs operating in the park
be accompanied by a commercial guide,
except for those operating on the
segment of the Cave Falls road that
extends one mile into the park from the
adjacent national forest. Since the
winter of 2004–2005, all snowmobilers
and snowcoaches have been led by
commercial guides. Commercial guides
are employed by local private
businesses, not by the NPS. Commercial
guides have proven effective at keeping
groups adhering to speed limits, staying
on the groomed road surfaces, reducing
conflicts with wildlife, and ensuring
other behaviors that are appropriate for
visitors to safely and responsibly visit
the park. Commercial guides are trained
in basic first aid and CPR and often
carry satellite or cellular telephones,
radios, and other equipment for
emergency use. Since implementation of
the commercial guiding requirements,
Yellowstone has observed a pronounced
reduction in the number of law
enforcement incidents and accidents
associated with the use of OSVs, even
when accounting for the reduced
number of snowmobilers relative to preguided use levels.
No more than eleven snowmobiles
would be permitted in a group,
including that of the guide. A
snowmobile may not be operated
separately from a group within the park.
Except in emergency situations, guided
parties must travel together and remain
within one-third mile of the first
snowmobile in the group. This would
ensure that guided parties do not
become separated. One-third mile
would allow for sufficient and safe
spacing between individual
snowmobiles within the guided party,
allow the guide(s) to maintain control
over the group and minimize impacts.
NPS does not consider a minimum
group size requirement necessary. As a
practical matter, in recent winters group
size has averaged seven snowmobiles
per group.
Designated Routes
A number of changes are proposed in
routes designated for OSV use based on
analyses in the 2011 DEIS and
experience with the management of
winter use over the past six winters. All
main road segments would generally
remain open for OSV use, but certain
side roads would be reserved for ski and
snowshoe use only, and certain main
road segments would be closed to all
OSV travel during parts of the winter.
This would provide a wider variety of
motorized and non-motorized
experiences for visitors.
Daily Snowmobile and Snowcoach
Limits
The number of OSVs that could
operate in the park at any one time
would continue to be limited under this
rule. However, based on observing
actual use over the past six winters and
combined with the goal of providing a
wider range of experiences for visitors,
daily limits on snowmobiles and
snowcoaches would be variable at
preset levels for each type of vehicle. A
schedule would be established one full
year ahead of the forthcoming winter
season (for example, by December 1,
2012 for the 2013–2014 winter). These
limits are also intended to mitigate
impacts to air quality, employee and
visitor health and safety, natural
soundscapes, wildlife, and visitor
experience. The daily entry limits for
snowmobiles and snowcoaches are
identified in Table 1. These limits
would be based on four different use
levels, as described in the table. Use
limits identified in Table 1 include
guides since commercial guides are
counted towards the daily limits.
Approximately one-half of the days
would be at use level A; approximately
one-third of the days would be at use
level B; and approximately one-sixth of
the days would be at use levels C or D.
The Superintendent may vary the
schedule annually based on factors
including visitor use and experience
and adaptive management
considerations. Daily entrance
allocations not able to be used due to
resource or weather concerns or
closures will be lost, and will not be
rolled into other days.
The proposed rule specifically
identifies limits for Old Faithful since a
park concessioner provides snowmobile
rentals and commercial guiding services
originating there. For example, some
visitors choose to enter the park on a
snowcoach tour, spend two or more
nights at the Old Faithful Snow Lodge,
and go on a commercially guided
snowmobile tour of the park.
TABLE 1—YELLOWSTONE DAILY SNOWMOBILE AND SNOWCOACH ENTRY LIMITS *
Level A
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Park entrance/location
Level C
Level D
Commercially
guided
snowcoaches
Commercially
guided
snowmobiles
Commercially
guided
snowcoaches
Commercially
guided
snowmobiles
Commercially
guided
snowcoaches
Commercially
guided
snowmobiles
Commercially
guided
snowcoaches
11
176
110
22
11
50
12
36
14
2
16
0
0–11
110
66
0–22
11
50
8
22
8
0–2
10
0
0–11
66
44
0–11
0–11
50
6
12
6
0
6
0
0–11
66
44
0–11
0–11
50
12
36
14
2
16
0
(i) North Entrance † ...........
(ii) West Entrance .............
(iii) South Entrance ** ........
(iv) East Entrance † ...........
(v) Old Faithful *** ..............
(vi) Cave Falls **** .............
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Level B
Commercially
guided
snowmobiles
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TABLE 1—YELLOWSTONE DAILY SNOWMOBILE AND SNOWCOACH ENTRY LIMITS *—Continued
Level A
Park entrance/location
Level B
Level C
Level D
Commercially
guided
snowmobiles
Commercially
guided
snowcoaches
Commercially
guided
snowmobiles
Commercially
guided
snowcoaches
Commercially
guided
snowmobiles
Commercially
guided
snowcoaches
Commercially
guided
snowmobiles
Commercially
guided
snowcoaches
330
80
187–220
48–50
110–143
30
110–143
80
Totals (without Cave
Falls) .......................
* For the winter of 2011–2012 only, the following snowmobile allocations are in effect: West Entrance, 160; South Entrance, 114; East Entrance, 20; North Entrance, 12; and Old Faithful, 12. The following snowcoach allocations will apply in 2011–2012 only: West Entrance, 34; South Entrance, 13; East Entrance, 2; North
Entrance, 13; and Old Faithful, 16.
** Includes portion of the John D. Rockefeller, Jr. Memorial Parkway between Flagg Ranch and South Entrance.
*** Under use levels C&D, it is anticipated that there are some days that no snowmobile entries would be allocated to Old Faithful.
**** This use occurs on a short (approximately 1-mile) segment of road and is incidental to other snowmobiling activities in the Caribou-Targhee National Forest.
These users do not have to be accompanied by a guide.
† A daily entry allocation of 0 is included within ranges for the North and East entrances to reflect an early season closure for plowing at the North Entrance, and
seasonal closures of the East Entrance from December 15–21 and March 2–15.
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Flexible Allocations
Snowmobile and snowcoach entries
may be cooperatively shared among
commercial guides and among
entrances. For example, a guide from
West Entrance who has additional
allocations available may share those
allocations with a South Entrance guide.
This sharing would allow as much
flexibility as possible while ensuring
that the numbers of snowmobiles and
snowcoaches operating in the park do
not exceed the total number authorized
for that day at any one time. NPS
envisions that a system for sharing
allocations would be created and
controlled by those guides and outfitters
who receive entrance allocations under
this plan, and could require notification
when allocations are shared.
Avalanche Management—Sylvan Pass
Sylvan Pass would be open under the
proposed rule 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 closures, and NPS
fiscal, staff, infrastructural, equipment,
and other safety-related capacities. A
combination of avalanche mitigation
techniques may be used, including risk
assessment analyses as well as
forecasting and helicopter and howitzerdispensed explosives. 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. When safety criteria have been
met, the pass may be opened; when they
have not been met, the pass will remain
closed. As with past winters, extended
closures of the pass may occur.
Avalanche control at Sylvan Pass has
long represented a safety concern to the
NPS. The 2000 FEIS, 2003 SEIS, 2004
EA, 2007 FEIS and the 2008 EA all
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clearly identify the significant
avalanche danger on Sylvan Pass.
Approximately 20 avalanche paths cross
the road at Sylvan Pass, thus 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
avalanches. 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 the
park and the Shoshone National Forest.
Natural avalanches can and do occur,
both before and after howitzer use.
Using a helicopter instead of a howitzer
also is a high-risk activity because of
other risks a helicopter contractor
would have to incur. Safety evaluations
of Sylvan Pass by the Occupational
Health and Safety Administration
(OSHA) and an Operational Risk
Management Assessment (ORMA) have
been reviewed and updated and
included in the analysis of impacts in
the 2011 DEIS.
This approach, which implements a
2008 agreement, both addresses the
concerns of the communities and the
NPS. The City of Cody, Wyoming, as
well as Park County, Wyoming, and the
State of Wyoming have expressed their
belief in the importance of this route to
the community and have described the
historical relationship between Cody
and the park’s East Entrance. The state,
county, and city believe that businesses
near the East Entrance have been
negatively impacted in recent years by
the changing patterns of winter
visitation and have expressed their
concern that these businesses would
continue to be adversely affected if the
pass is closed to oversnow vehicle travel
in the winter. The community and
businesses have also stated the value
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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.
From March 2 to March 15, the NPS
would maintain a road segment, not
prone to avalanche danger, from the
East Entrance to a point approximately
four miles west of the entrance station,
to provide for opportunities for crosscountry skiing and snowshoeing.
Limited snowcoach use would be
allowed in order to provide drop-offs for
such purposes.
Section-by-Section Analysis
Section 7.13(l)(1) What is the scope of
this regulation?
The regulations apply to the use of
recreational snowcoaches and
snowmobiles. Except where indicated,
the regulations do not apply to nonadministrative oversnow vehicle use by
NPS employees, contractors,
concessioner employees, or other nonrecreational users authorized by the
Superintendent.
Section 7.13(l)(2) What terms do I need
to know?
The NPS has included definitions for
a variety of terms, including oversnow
vehicle, designated oversnow route, and
commercial guides. For snowmobiles,
NPS is continuing to use the definition
found at 36 CFR 1.4, but has also
included language that makes it clear
that all-terrain vehicles (ATVs) and
utility-type vehicles (UTVs) are not
snowmobiles, even if they have been
adapted for use on snow with track and
ski systems. These vehicles were not
originally designed to operate oversnow
and may not meet NPS air and sound
emission requirements.
Yellowstone’s oversnow routes
remain entirely on roads used by motor
vehicles during other seasons and thus
are consistent with the requirements in
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36 CFR 2.18. Earlier regulations also
referred only to snowmobiles or
snowcoaches. Since there is a strong
likelihood that new forms of oversnow
motorized vehicles will be developed in
the future that can travel on snow, a
definition for ‘‘oversnow vehicle’’ was
developed to ensure that any such new
technology is subject to this regulation.
When a particular requirement or
restriction only applies to a certain type
of oversnow vehicle, the specific vehicle
is stated and the restriction only applies
to that type of vehicle, not all oversnow
vehicles. However, oversnow vehicles
that do not meet the strict definition of
a snowcoach (i.e., both weight and
passenger capacity) would be subject to
the same requirements as snowmobiles.
These definitions may be clarified in
future rulemakings based on changes in
technology.
In earlier regulations, NPS specified a
size and weight limit for snowcoaches.
As the number of larger and heavier
snowcoaches has increased, the NPS has
observed serious rutting of the groomed
road surface caused by heavier coaches.
Rutting creates safety issues for other
coaches and snowmobiles using the
oversnow routes. To address this issue,
the proposed rule would also establish
a pounds-per-square-inch limit for
coaches.
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Section 7.13(l)(3) May I operate a
snowmobile in Yellowstone National
Park?
The proposed rule would continue to
authorize operation of a snowmobile
within the park, subject to use limits,
commercial guiding requirements,
operating hours and dates, equipment
requirements, and operating conditions
established in this section. Snowmobile
and snowcoach use between Flagg
Ranch and the South Entrance of
Yellowstone occurs in the John D.
Rockefeller, Jr. Memorial Parkway, and
is addressed in regulations pertaining to
that unit of the national park system, 36
CFR 7.21(a), except that the daily entry
limits for that use are addressed by this
rule. Once any such OSVs enter
Yellowstone, they are also subject to the
other terms and conditions of this
proposed rule.
Section 7.13(l)(4) May I operate a
snowcoach in Yellowstone National
Park?
This proposed rule would continue
the authorized operation of
snowcoaches in the park. It would
require that they be commercially
operated under a concessions contract,
and that they are subject to the
applicable air and sound emission
technology requirements for snowcoach
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operations. Through March 15, 2014,
the NPS also proposes to continue the
requirement that all non-historic
snowcoaches meet the applicable EPA
air emissions standards that were in
effect at the time the vehicle was
manufactured. As of December 15, 2014,
all snowcoaches must meet the then
applicable NPS air and sound emission
requirements.
by a commercial guide. As in the
interim regulations, parties must travel
in groups of no more than eleven
snowmobiles including that of the
guide. The proposed rule adds the
requirement that guided parties must
travel together and not be separated by
more than one third of mile from the
first snowmobile in the group in order
to ensure groups stay together.
Section 7.13(l)(5) Must I operate a
certain model of snowmobile?
The proposed rule would continue
the requirement that only commercially
available snowmobiles that meet NPS
air and sound emissions requirements
may be operated in the park.
Section 7.13(l)(10) Are there limits
established for the numbers of
snowmobiles and snowcoaches
permitted to operate in the park each
day?
The proposed rule allows varying
numbers of snowmobiles and
snowcoaches in the park each day over
the course of the winter use season.
There are four different levels of use (all
limits indicate the maximum number of
oversnow vehicles that could operate in
the park at any one time): Level A, up
to 330 snowmobiles and up to 80
snowcoaches; Level B, between 187 and
220 snowmobiles and between 48 and
50 snowcoaches; Level C, between 110
and 143 snowmobiles and 30
snowcoaches; and Level D, between 110
to 143 snowmobiles and 80
snowcoaches. Approximately one-half
of the days would be at use level A;
approximately one-third of the days
would be at use level B; and
approximately one-sixth of the days
would be at use levels C or D. The levels
of use to be allowed for each day of the
winter use season would be according to
a pre-set schedule that would be issued
by the Superintendent one full winter in
advance (for example, by December 1,
2012 for the 2013–2014 winter season).
The Superintendent may vary the
schedule annually based on factors
including visitor use and experience
and adaptive management
considerations. The NPS expects to
issue new concessions contracts for
combined snowmobile and snowcoach
guiding to facilitate the implementation
of this section. For those limits that are
set as ranges, flexibility is provided to
accommodate different opening and
closing dates of entrances.
Section 7.13(l)(6) How will the
Superintendent approve snowmobile
makes, models, and year of
manufacture for use in the park?
Snowmobiles must be certified under
40 CFR 1051 to a FEL no greater than
a total of 15 g/kW-hr for HC and a FEL
of no greater than 120 g/kW-hr for CO.
Section 7.13(l)(7) Where may I operate
a snowmobile in Yellowstone National
Park?
Specific routes are listed where
snowmobiles may be operated, but the
proposed rule also provides latitude for
the Superintendent to close and re-open
routes when necessary. When
determining what routes are available
for use, the Superintendent would use
the criteria in 36 CFR 2.18(c), and may
also take other issues into consideration
including weather and snow conditions,
public safety, protection of park
resources, and other factors.
Section 7.13(l)(8) What routes are
designated for snowcoach use?
Snowcoaches may be operated on the
specific routes open to snowmobile use.
In addition, rubber-tracked
snowcoaches may be operated in the
Mammoth developed area. This
proposed rule also provides latitude for
the Superintendent to close and re-open
routes when necessary. When
determining what routes are available
for use, the Superintendent would use
the criteria in 36 CFR 2.18(c), and may
also take other issues into consideration,
including weather and snow conditions,
public safety, protection of park
resources, and other factors.
Section 7.13(l)(9) Must I travel with a
commercial guide while snowmobiling
in Yellowstone and what other guiding
requirements apply?
The proposed rule retains the existing
requirement that all recreational
snowmobile operators be accompanied
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Section 7.13(l)(11) How will I know
when I can operate a snowmobile or
snowcoach in the park?
The proposed rule would not change
the methods the Superintendent would
use to determine operating hours and
dates. In the past the, the
Superintendent has set the opening and
closing hours at 7 a.m. and 9 p.m.
respectively. Early and late entries were
granted on a case-by-case basis. The
proposed rule allows the
Superintendent to manage operating
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hours, dates and use levels with public
notice provided through one or more
methods listed in 36 CFR 1.7(a). These
methods could include signs, maps,
public notices, or other publications.
Except for emergency situations, any
changes to operating hours, dates and
use levels will be made on an annual
basis. Initially the Superintendent
intends to set the operating hours as 6
a.m. to 9 p.m. with no early entries or
late exits allowed except for
emergencies. In addition, all OSVs
would be required to enter the park by
10:30 a.m. This will assist in meeting
soundscape goals to provide longer
periods free of oversnow vehicle
sounds.
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Section 7.13(l)(12) What other
conditions apply to the operation of
oversnow vehicles?
The proposed rule includes
requirements regarding the operation of
oversnow vehicles in the park, such as
driver’s license and registration
requirements, operating procedures,
requirements for headlights, brakes and
other safety equipment, length of idling
time, towing of sleds, and other
requirements related to safety and
resource impacts. No changes are being
proposed from the previous regulations.
Section 7.13(l)(13) What conditions
apply to alcohol use while operating an
oversnow vehicle?
The proposed rule does not change
the conditions applicable to the use of
alcohol while operating oversnow
vehicles. Although the regulations in 36
CFR 4.23 apply to oversnow vehicles, a
provision was included in the 2004
regulations to address the issues of
under-age drinking while operating a
snowmobile and snowcoach operators
or snowmobile guides operating under
the influence while performing services
for others. Many states have adopted
similar alcohol standards for under-age
operators and commercial drivers, and
the NPS feels it is necessary to
specifically include these regulations to
help mitigate potential safety concerns.
The alcohol level for minors (anyone
under the age of 21) is set at .02 Blood
Alcohol Content (BAC). Although the
NPS endorses ‘‘zero tolerance,’’ a very
low BAC is established to avoid a
chance of a false reading. Mothers
Against Drunk Driving and many other
organizations have endorsed such a
general enforcement posture and the
NPS agrees that under-age drinking and
driving, particularly in a harsh winter
environment, should not be allowed.
In the case of snowcoach operators or
snowmobile guides, a low BAC limit is
also necessary. Persons operating a
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snowcoach are likely to be carrying 8 or
more passengers in a vehicle with tracks
or skis that is more challenging to
operate than a wheeled vehicle, and on
oversnow routes that can present
significant hazards, especially if the
driver has impaired judgment.
Similarly, persons guiding others on a
snowmobile have put themselves in a
position of responsibility for the safety
of other visitors and for minimizing
impacts to park wildlife and other
resources. Should the guide’s judgment
be impaired, hazards such as wildlife on
the road or snow-obscured features
could endanger all members of the
group in an unforgiving climate. For
these reasons, the proposed rule would
continue to require that all guides be
held to a stricter than normal standard
for alcohol consumption. Therefore, the
proposed rule continues a BAC limit of
.04 for snowcoach operators and
snowmobile guides. This is consistent
with federal and state rules pertaining to
BAC thresholds for someone with a
commercial driver’s license.
Section 7.13(l)(14) Do other NPS
regulations apply to the use of oversnow
vehicles?
The proposed rule does not change
the applicability of other NPS
regulations concerning oversnow
vehicle use. Relevant portions of 36 CFR
2.18, including § 2.18(c), have been
incorporated within these proposed
regulations. Some portions of 36 CFR
2.18 and 2.19 are superseded by these
proposed regulations, which govern
maximum operating decibels, operating
hours, and operator age in this park
only. In addition, 36 CFR 2.18(b) would
not apply in Yellowstone. The proposed
rule also supersedes 36 CFR 2.19(b) in
that it prohibits the towing of persons
on skis, sleds, or other sliding devices
by motor vehicle or snowmobile, except
in emergency situations. Towing people,
especially children, is a potential safety
hazard and health risk due to road
conditions, traffic volumes, and direct
exposure to snowmobile emissions. This
rule does not affect supply sleds
attached by a rigid device or hitch
pulled directly behind snowmobiles or
other oversnow vehicles as long as no
person or animal is hauled on them.
Other provisions of 36 CFR Chapter I
continue to apply to the operation of
oversnow vehicles unless specifically
excluded here.
Section 7.13(l)(15) Are there any forms
of non-motorized oversnow
transportation allowed in the park?
Non-motorized travel consisting of
skiing, skating, snowshoeing, and
walking is generally permitted. The park
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has specifically prohibited dog sledding
and ski-joring (the practice of a skier
being pulled by dogs, a horse, or a
vehicle) to prevent disturbance or
harassment to wildlife and for visitor
safety. These restrictions have been in
place for several years and would be
reaffirmed under these regulations. In
addition, the park has carefully
reviewed new proposals to allow use of
‘‘snowbikes’’ (bicycles that have been
modified to allow travel on packed
snow routes). In past winter plans and
regulations, the NPS has prohibited
snowbikes. In earlier reviews, the NPS
believed the addition of snowbikes on
the groomed oversnow routes had the
potential to create conflicts with
snowmobile and snowcoach groups, as
well as with crosscountry skiers,
snowshoers and walkers who are
currently allowed on the oversnow
routes. The NPS concluded that safety
issues could develop with this type of
use. For example, snowbikes depend on
packed, groomed surfaces. Heavy snow
falls and rapidly warming conditions
have the potential to create conditions
in which travel by snowbikes is
impossible after they have already
travelled miles into the park. In this
planning process, new requests were
made to authorize snowbikes. The NPS
has reviewed these requests and past
analysis, and this proposed rule would
continue the ban on use of snowbikes.
Section 7.13(l)(16) May I operate a
snowplane in Yellowstone National
Park?
Snowplanes are not allowed to be
used in Yellowstone National Park.
Section 7.13(l)(17) Is violating any of
the provisions of this section prohibited?
Violating any of the terms, conditions
or requirements of paragraphs (l)(1)
through (l)(16) of this section is
prohibited.
Summary of Economic Analysis
Introduction
The NPS conducted an economic
analysis of the different regulatory
alternatives for a winter use plan in
Yellowstone National Park (see RTI
International, ‘‘Economic Analysis of
Winter Use Regulations in Yellowstone
National Park,’’ 2011). That analysis is
summarized here. In that analysis, the
definition of ‘‘baseline’’ is critical since
all costs and benefits associated with
the different alternatives are calculated
incrementally from the baseline.
According to OMB Circular A–4,
baseline describes the conditions that
would exist if the proposed regulatory
action is not implemented. Alternative 1
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represents those baseline conditions.
This is referred to as ‘‘Baseline 1’’ in the
economic analysis report. The 2009
interim regulation expired in March
2011 at the close of the 2010/2011
winter season. Therefore, no regulation
is currently in place to permit OSV use
by visitors. If no action is taken,
administrative OSV use will continue as
needed, as described under Alternative
1, but there would be no commercial or
visitor use of snowmobiles or
snowcoaches. Under this definition of
baseline, the analysis presents the
incremental costs and benefits of
Alternatives 2 though 7 as compared to
Baseline 1. However, since this
definition of baseline reflects a situation
that has never actually occurred,
another definition of baseline that
reflects the recent conditions actually
experienced by the public might be
useful to understand the impacts of the
alternatives. Alternative 2 represents
this other baseline. This is referred to as
Baseline 2 in the economic analysis
report. Under Baseline 2, OSV use
would continue at levels described in
the 2009 interim regulation—up to 318
snowmobiles and up to 78 snowcoaches
per day. Therefore, under this definition
of baseline, the analysis presents the
incremental costs and benefits of
Alternatives 1 and 3 through 7 as
compared to the Baseline 2.
The other alternatives include
Alternatives 3 through 7. Under
Alternative 3, permitted OSV use would
return to the 2004 plan limits—up to
720 snowmobiles and 78 snowcoaches
per day. Under Alternative 4, no more
than 100 commercial wheeled vehicles
such as buses (North and West
Entrances), 110 snowmobiles and 30
snowcoaches (South Entrance) would
have access to the park. The East
Entrance would be closed to through
travel for OSVs, but remain open for
non-motorized use. Under Alternative 5,
access to the park would eventually be
by Best Available Technology (BAT)
snowcoaches only. This would be
accomplished by phasing out
snowmobiles beginning in the 2014/
2015 winter season. Snowcoaches
would replace snowmobiles within a
five-year period (at the park’s discretion
or depending on coach user demand).
Under Alternative 6, OSV levels would
vary by creating times and places for
higher and lower levels of use, with
32,000 snowmobiles and 4,600
snowcoaches permitted each winter
season. Daily snowmobile entries could
vary between none and 540, and
snowcoaches could vary between none
and 78. Snowmobile trips would be
mostly guided, with up to 25 percent of
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snowmobile use unguided or noncommercially guided. Finally, under
Alternative 7, which is the preferred
alternative, four different daily limits for
OSV use would be established.
Snowmobile limits would range from
110 to 330 per day for a maximum of
23,122 for the season. Snowcoach limits
would range from 30 to 80 per day for
a maximum of 5,730 for the season.
These alternatives are more fully
described in the DEIS, available at
https://parkplanning.nps.gov/yell.
The purpose for estimating these
benefits and costs is to examine the
extent to which each action alternative
addresses the need for the proposed
regulation. This regulation is needed to
correct certain ‘‘market failures’’
associated with winter use in the park.
A market failure occurs when park
resources and uses are not allocated in
an economically efficient manner. For
winter use in the park, market failures
can occur as a result of ‘‘externalities.’’
An externality exists when the actions
of some individuals impose
uncompensated impacts on others. For
example, snowmobile users, and to a
lesser extent, snowcoach users, impose
costs on other park visitors in the form
of noise, air pollution, congestion, and
health and safety risks. Because these
costs are not compensated, both types of
users have little or no incentive to
adjust their behavior accordingly. The
proposed regulation is needed to correct
this situation.
The quantitative results of this
analysis are summarized below. It is
important to note that this analysis
could not account for all costs or
benefits due to limitations in available
data. For example, the costs associated
with adverse impacts to park resources
such as wildlife, and with law
enforcement incidents are not reflected
in the quantified net benefits presented
in this summary. It is also important to
note that this analysis addresses the
economic efficiency implications of the
different action alternatives and not
their distributive equity (i.e., it does not
identify the sectors or groups on which
the majority of impacts fall). Therefore,
additional explanation is required when
interpreting the quantitative results of
this analysis. An explanation of the
selection of the preferred alternative is
presented following the summary of
quantified benefits and costs.
Quantified Benefits and Costs Under
Baseline 1
This section summarizes the
economic analysis relative to Baseline 1.
Costs refer to costs to society (or losses
in social welfare) while benefits refer to
benefits for society (or gains in social
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welfare). The analysis of costs and
benefits critically depends on estimates
of visitation for the different user
groups. While significant information is
available from past visitation records
and visitor surveys, a degree of
uncertainty exists about how these
visitation levels might change in the
future under the six action alternatives.
In this analysis, a modeling approach
was used to characterize uncertainty
and to estimate expected levels of
visitation. That approach involves
specifying probability distributions of
key visitation parameters, and then
sampling from those distributions in
order to estimate visitation levels. By
taking multiple samples, measures of
central tendency for visitation can be
calculated that reflect the uncertainty in
the available data. This analysis used
1,000 samples, which were adequate to
calculate expected levels of visitation.
Those expected visitation levels were
then used to estimate the benefits and
costs described below for the six action
alternatives.
Alternative 4 has the highest level of
quantified net benefits (benefits minus
costs). That is because this alternative
would result in the largest increase in
overall visitation due to its inclusion of
commercial bus trips. That increased
visitation would primarily benefit
visitors that access the parks by wheeled
vehicles such as buses, and the
businesses that serve them, including
restaurants, gas stations, and hotels.
The next highest net benefits are for
Alternatives 5 and 7. The largest
benefits under Alternative 5 start in the
2018/2019 winter season, when the
transition to snowcoach-only is
expected to be complete—other visitors
gain high benefits from being in the park
without snowmobiles. Alternative 7
allows guided snowmobile tours and
imposes varying daily caps on
snowmobiles and snowcoaches
throughout the season to create days
when crowding will be very low.
Alternative 6 has the lowest net
benefits, in part because higher
crowding lowers the value of all trips.
These net benefit levels over the tenyear analysis period for winter seasons
2011/2012 through 2020/2021 are
presented in Table 1 for all action
alternatives. Table 2 presents quantified
net benefits per year for the same
analysis period.
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TABLE 1—TOTAL PRESENT VALUE OF
QUANTIFIED NET BENEFITS RELATIVE TO BASELINE 1, YELLOWSTONE NATIONAL PARK, 2011/2012
THROUGH 2020/2021
Total present
value of
quantified net
benefits a
Alternative 2:
Discounted
Discounted
Alternative 3:
Discounted
Discounted
Alternative 4:
Discounted
Discounted
Alternative 5:
Discounted
Discounted
Alternative 6:
Discounted
Discounted
Alternative 7:
Discounted
Discounted
at 3% b .......
at 7% b .......
$50,188,000
41,451,000
at 3% b .......
at 7% b .......
55,466,000
45,468,000
at 3% b .......
at 7% b .......
184,377,000
151,569,000
at 3% b .......
at 7% b .......
107,975,000
85,015,000
at 3% b .......
at 7% b .......
¥874,000
¥451,000
at 3% b .......
at 7% b .......
78,132,000
64,531,000
a Expressed
in 2010 dollars.
of Management and Budget Circular
A–4 recommends a 7% discount rate in general, and a 3% discount rate when analyzing
impacts to private consumption.
Source: Table 3–12, RTI International
(2011).
b Office
TABLE 2—QUANTIFIED NET BENEFITS
PER YEAR RELATIVE TO BASELINE 1,
YELLOWSTONE NATIONAL PARK,
2011/2012 THROUGH 2020/2021
Quantified net
benefits
per year a
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Alternative 2:
Discounted
Discounted
Alternative 3:
Discounted
Discounted
Alternative 4:
Discounted
Discounted
Alternative 5:
Discounted
Discounted
Alternative 6:
Discounted
Discounted
Alternative 7:
Discounted
Discounted
3% b
at
.......
at 7% b .......
$5,884,000
5,902,000
at 3% b .......
at 7% b .......
6,502,000
6,474,000
at 3% b .......
at 7% b .......
21,615,000
21,580,000
at 3% b .......
at 7% b .......
12,658,000
12,104,000
at 3% b .......
at 7% b .......
¥102,000
¥64,000
at 3% b .......
at 7% b .......
9,159,000
9,188,000
Not included in these quantified net
benefit estimates are the costs of
meeting EPA model year 2010 air
emission requirements. These
requirements could involve replacing
engine and/or emission control systems
so that the vehicles are in compliance,
or purchasing 2010 or newer model year
vehicles. Snowcoaches would also need
to meet a sound emission requirement
that is similar to the snowmobile sound
emission requirement. Under all action
alternatives except Alternative 4,
between 78 and 80 snowcoaches per day
would be allowed to operate in the park.
Given the composition of the existing
snowcoach fleet, NPS estimated that the
cost to bring 80 snowcoaches into
compliance with these requirements
would be approximately $5,090,000.
This cost would be less for Alternative
4 since only 30 snowcoaches per day
would be allowed into the park.
Quantified Benefits and Costs Under
Baseline 2
This section summarizes the
economic analysis relative to Baseline 2.
Costs and benefits in this analysis are
calculated using the same methods
described for the analysis using Baseline
1. However in this analysis, the
incremental costs and benefits of
Alternatives 1 and 3 through 7 are
calculated relative to Baseline 2.
Under this scenario, Alternative 4
generates the highest quantified net
benefits. Alternative 5 generates the
second highest net benefits, due in large
part to the gains to snowcoach
passengers and other visitors starting in
the 2018/2019 winter season when the
transition to snowcoach-only is
expected to be complete. Alternative 7
generates the third highest level of
quantified net benefits. These net
benefit levels over the ten-year analysis
period for winter seasons 2011/2012
through 2020/2021 are presented in
Table 3 for all action alternatives. Table
4 presents quantified net benefits per
year for the same analysis period.
TABLE 3—TOTAL PRESENT VALUE OF
QUANTIFIED NET BENEFITS RELATIVE TO BASELINE 2, YELLOWSTONE NATIONAL PARK, 2011/2012
THROUGH 2020/2021
Total present
value of
quantified net
benefits a
a This
is the total present value of quantified
net benefits reported in Table 1 amortized
over the ten-year analysis timeframe at the indicated discount rate.
b Office of Management and Budget Circular
A–4 recommends a 7% discount rate in general, and a 3% discount rate when analyzing
impacts to private consumption.
Source: Table 3–13, RTI International
(2011).
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Alternative 1:
Discounted
Discounted
Alternative 3:
Discounted
Discounted
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at 3% b .......
at 7% b .......
at 3% b .......
at 7% b .......
Fmt 4702
TABLE 3—TOTAL PRESENT VALUE OF
QUANTIFIED NET BENEFITS RELATIVE TO BASELINE 2, YELLOWSTONE NATIONAL PARK, 2011/2012
THROUGH 2020/2021—Continued
Total present
value of
quantified net
benefits a
Alternative 4:
Discounted
Discounted
Alternative 5:
Discounted
Discounted
Alternative 6:
Discounted
Discounted
Alternative 7:
Discounted
Discounted
at 3% b .......
at 7% b .......
134,190,000
110,118,000
at 3% b .......
at 7% b .......
57,787,000
43,564,000
at 3% b .......
at 7% b .......
¥51,062,000
¥41,902,000
at 3% b .......
at 7% b .......
27,945,000
23,080,000
a Expressed in 2010 dollars.
b Office of Management and
Budget Circular
A–4 recommends a 7% discount rate in general, and a 3% discount rate when analyzing
impacts to private consumption.
Source: Table 4–2, RTI International (2011).
TABLE 4—QUANTIFIED NET BENEFITS
PER YEAR RELATIVE TO BASELINE 2,
YELLOWSTONE NATIONAL PARK,
2011/2012 THROUGH 2020/2021
Quantified net
benefits per
year a
Alternative 1:
Discounted
Discounted
Alternative 3:
Discounted
Discounted
Alternative 4:
Discounted
Discounted
Alternative 5:
Discounted
Discounted
Alternative 6:
Discounted
Discounted
Alternative 7:
Discounted
Discounted
at 3% b .......
at 7% b .......
¥$5,884,000
¥5,902,000
at 3% b .......
at 7% b .......
619,000
572,000
at 3% b .......
at 7% b .......
15,731,000
15,678,000
at 3% b .......
at 7% b .......
6,774,000
6,203,000
at 3% b .......
at 7% b .......
¥5,986,000
¥5,966,000
at 3% b .......
at 7% b .......
3,276,000
3,286,000
a This is the total present value of quantified
net benefits reported in Table 1 amortized
over the ten-year analysis timeframe at the indicated discount rate.
b Office of Management and Budget Circular
A–4 recommends a 7% discount rate in general, and a 3% discount rate when analyzing
impacts to private consumption.
Source: Table 4–3, RTI International (2011).
Not included in these quantified net
benefit estimates are the costs of
meeting EPA model year 2010 air
emission requirements. These
¥$50,188,000
requirements could involve replacing
¥41,451,000
engine and/or emission control systems
5,278,000 so that the vehicles are in compliance,
4,017,000 or purchasing 2010 or newer model year
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vehicles. Snowcoaches would also need
to meet a sound emission requirement
that is similar to the snowmobile sound
emission requirement. Under all action
alternatives except Alternatives 1 and 4,
between 78 and 80 snowcoaches per day
would be allowed to operate in the park.
Given the composition of the existing
snowcoach fleet, NPS estimated that the
cost to bring 80 snowcoaches into
compliance with these requirements
would be approximately $5,090,000.
This cost would be less for Alternative
4 since only 30 snowcoaches per day
would be allowed into the park. This
cost would be zero for Alternative 1
since snowcoach use would not be
permitted in the park.
Interpretation of Quantified Benefits
and Costs
Comparing Table 1 with Table 3, the
ranking of Alternatives 3 through 7 by
the magnitude of quantified net benefits
is identical between the analyses using
either baseline. NPS selected
Alternative 7 as the preferred
alternative; however, Alternatives 4 and
5 each have higher levels of quantified
net benefits in each analysis. Additional
factors that are relevant in the selection
of the preferred alternative include costs
and benefits that could not be quantified
and distributive equity concerns. With
respect to costs that could not be
quantified, Alternative 4 involves road
plowing operations and moderate,
adverse visibility impacts due to road
sanding operations, neither of which
were quantified in terms of monetized
costs. While those costs would be offset
somewhat by the reduced cost to bring
snowcoaches into compliance with air
and sound emission requirements
compared to the other alternatives that
permit snowcoach use in the park, the
road plowing operations would likely
reduce the quantified net benefits of
Alternative 4 relative to those of
Alternative 7. With respect to
distributive equity concerns, Alternative
7 better balances the visitor experiences
of all visitor groups compared with
Alternatives 4 and 5. The costs and
benefits accruing to the different visitor
groups are more evenly distributed in
Alternative 7 than in Alternatives 4 and
5. The benefits of Alternative 5 are
disproportionately associated with
snowcoach riders. The benefits to
snowmobile riders in Alternative 4 will
be concentrated on riders who have
access to the South Entrance. Finally,
the lack of any historical precedent for
plowing roads and allowing commercial
bus tours during the winter leads to
large uncertainties as to the magnitude
of the benefits associated with
Alternative 4. For these reasons, NPS
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selected Alternative 7 as the preferred
alternative.
Explanation of Preferred Alternative
The preferred alternative in the 2011
DEIS provides for winter use while
protecting park resources. The preferred
alternative demonstrates the NPS
commitment to monitor winter use and
to use the results to adjust the winter
use program. The results of the
monitoring program, including data
obtained regarding air quality, wildlife,
soundscapes, and health and safety,
were used in formulating the
alternatives in the 2011 DEIS. The
preferred alternative applies the lessons
of the last several winters about
commercial guiding, which
demonstrate, among other things, that
100% commercial guiding has been very
successful and offers the best
opportunity for achieving goals of
protecting park resources and allowing
balanced use of the park. Law
enforcement incidents have been
reduced well below historic numbers,
even after taking into account reduced
visitation. That reduction is attributed
to the quality of the guided program.
The preferred alternative uses strictly
limited oversnow vehicle numbers,
combined with air and sound emission
requirements and 100% commercial
guiding, to help ensure that the purpose
and need for the DEIS is met.
The preferred alternative also
supports the communities and
businesses both near and far from the
park and would encourage them to have
an economically sustainable winter
recreation program that relies on a
variety of modes for access to the park
in the winter. Peak snowmobile
numbers allowed under the preferred
alternative are well below the historic
averages, but the snowmobile and
snowcoach limits should provide a
viable program for winter access to the
park.
Compliance With Other Laws and
Executive Orders
Regulatory Planning and Review
(Executive Order 12866)
This document is a significant rule
and the Office of Management and
Budget has reviewed this rule under
Executive Order 12866.
(1) This rule will not have an effect of
$100 million or more on the economy.
It will not adversely affect in a material
way the economy, productivity,
competition, jobs, the environment,
public health or safety, or state, local, or
tribal governments or communities.
These conclusions are based on the
report ‘‘Economic Analysis of Winter
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39057
Use Regulations in Yellowstone
National Park’’ (RTI International,
2011).
(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 oversnow vehicles
within Yellowstone National Park. No
grants or other forms of monetary
supplement are involved.
(4) This rule may raise novel legal or
policy issues. The issue has generated
local as well as national interest on the
subject in the area surrounding
Yellowstone National Park. NPS has
been the subject of numerous lawsuits
regarding winter use management in the
park. See Winter use in Yellowstone: A
Timeline, available at https://
www.nps.gov/yell/parkmgmt/
timeline.htm.
Regulatory Flexibility Act (RFA)
From the analysis of costs and
benefits using Baseline 1, NPS
concludes that the action alternatives
would mitigate the impacts on most
small businesses relative to the impacts
under Baseline 1. In cases where the
action alternatives cause reduced
revenues for a few specific firms
compared to Baseline 1, NPS expects
that the declines would be very small.
From the analysis using Baseline 2, NPS
concludes:
• Relative to Baseline 2, Alternatives
3, 5, and 6 are estimated to result in
increased profits for the snowmobile
rental and snowcoach sectors.
• Alternative 1 has the potential to
generate significant losses for small
businesses.
• Alternative 4 also has the potential
to generate significant losses, but if the
same companies run commercial bus
tours revenue should grow rather than
shrink.
• Alternative 7 may impose
significant losses on very small
businesses earning $250,000 or less,
although the impacts are close to the
threshold for significance. The
calculations assume that the impacts are
equally spread across all businesses.
An initial regulatory flexibility
analysis is included in the report titled
‘‘Economic Analysis of Winter Use
Regulations in Yellowstone National
Park’’ (RTI International, 2011).
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Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the SBREFA. This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, state, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This rulemaking has no effect on
methods of manufacturing or
production and specifically affects the
Greater Yellowstone Area, not national
or U.S.-based enterprises.
Unfunded Mandates Reform Act
(UMRA)
This rule does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local or tribal
governments or the private sector. It
addresses public use of national park
lands, and imposes no requirements on
other agencies or governments.
Takings (Executive Order 12630)
Under the criteria in Executive Order
12630, the rule does not have significant
takings implications. Access to private
property located adjacent to the park
will be afforded the same access during
winter as before this rule. No other
property is affected. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
In accordance with Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
It addresses public use of national park
lands, and imposes no requirements on
other agencies or governments.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) 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
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
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Consultation With Indian Tribes
(Executive Order 13175)
Under the criteria in Executive Order
13175 we have evaluated this rule and
determined that it has no potential
effects on federally recognized Indian
tribes. Numerous tribes in the area were
consulted in the development of the
previous winter use planning
documents.
Paperwork Reduction Act (PRA)
This rule does not contain
information collection requirements and
a submission under the PRA is not
required.
National Environmental Policy Act
(NEPA)
This winter use plan and rule
constitute a major Federal action
significantly affecting the quality of the
human environment. We have prepared
a DEIS under the NEPA. The DEIS is
available for review by contacting the
Yellowstone National Park Management
Assistant’s Offices, at https://
parkplanning.nps.gov or at https://
www.nps.gov/yell/planyourvisit/
winteruse.htm. Comments are being
solicited separately for the DEIS and
this proposed rule. See the Public
Participation section for more
information on how to comment on the
DEIS.
Information Quality Act (IQA)
In developing this rule we did not
conduct or use a study, experiment, or
survey requiring peer review under the
IQA (Pub. L. 106–554, section 15).
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A statement of Energy
Effects is not required.
Clarity of This Regulation
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 believe 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
PO 00000
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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 believe
lists or tables would be useful, etc.
Drafting Information
The primary authors of this regulation
are David Jacob, Environmental
Protection Specialist, National Park
Service, Environmental Quality
Division, John Sacklin, Management
Assistant, National Park Service,
Yellowstone National Park, and Russel
J. Wilson, Chief Regulations and Special
Park Uses, National Park Service,
Washington, DC.
Public Participation
If you wish to comment on this rule,
you may submit your comments by any
one of the following methods.
• Docket: For access to the electronic
docket to read the proposed rule, or email comments received go to the
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Yellowstone National Park,
Winter Use Proposed Rule, P.O. Box
168, Yellowstone NP, WY 82190.
• Hand Deliver to: Management
Assistant’s Office, Headquarters
Building, Mammoth Hot Springs,
Yellowstone National Park, Wyoming.
All comments must be received by
midnight of the close of the comment
period. Bulk comments in any format
(hard copy or electronic) submitted on
behalf of others will not be accepted.
As noted previously, a DEIS is also
available for public comment. Those
wishing to comment on both this
proposed rule and the DEIS should
submit separate comments for each.
Comments regarding the DEIS may be
submitted online via the NPS Planning,
Environment, and Public Comment Web
site at https://parkplanning.nps.gov/, or
they may be addressed to: Winter Use
Plan DEIS, P.O. Box 168, Yellowstone
National Park, WY 82190. Additional
information about the DEIS is available
online at: https://www.nps.gov/yell/
planyourvisit/winteruse.htm.
Public Availability of Comments
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
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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 follows:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority for part 7 continues
to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q),
462(k); Sec. 7.96 also issued under 36 U.S.C.
501–511, D.C. Code 10–137 (2001) and D.C.
Code 50–2201.07 (2001).
2. In § 7.13 revise paragraph (l) to read
as follows:
§ 7.13
Yellowstone National Park.
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*
*
*
*
*
(l)(1) What is the scope of this
regulation? The regulations contained in
paragraphs (l)(2) through (1)(16) of this
section apply to the use of snowcoaches
and recreational snowmobiles. Except
where indicated, paragraphs (1)(2)
through (l)(16) do not apply to nonadministrative oversnow vehicle use by
NPS employees, contractors,
concessioner employees, or other nonrecreational users authorized by the
Superintendent.
(2) What terms do I need to know?
The definitions in this paragraph (l)(2)
also apply to non-administrative
oversnow vehicle use by NPS
employees, contractors, concessioner
employees, or other non-recreational
users authorized by the Superintendent.
Commercial guide means a person
who operates as a snowmobile or
snowcoach guide for a fee or
compensation and is authorized to
operate in the park under a concession
contract or a commercial use
authorization. In this section, ‘‘guide’’
also means ‘‘commercial guide.’’
Historic snowcoach means a
Bombardier snowcoach manufactured in
1983 or earlier. Any other snowcoach is
considered a non-historic snowcoach.
Oversnow route means that portion of
the unplowed roadway located between
the road shoulders and designated by
snow poles or other poles, ropes,
fencing, or signs erected to regulate
oversnow activity. Oversnow routes
include pullouts or parking areas that
are groomed or marked similarly to
roadways and are adjacent to designated
oversnow routes. An oversnow route
may also be distinguished by the
interior boundaries of the berm created
by the packing and grooming of the
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unplowed roadway. The only motorized
vehicles permitted on oversnow routes
are oversnow vehicles.
Oversnow vehicle means a
snowmobile, snowcoach, or other
motorized vehicle that is intended for
travel primarily on snow and has been
authorized by the Superintendent to
operate in the park. An oversnow
vehicle that does not meet the definition
of a snowcoach must comply with all
requirements applicable to
snowmobiles.
Snowcoach means a self-propelled
mass transit vehicle intended for travel
on snow, having a curb weight of over
1,000 pounds (450 kilograms), driven by
a track or tracks and steered by skis or
tracks, and having a capacity of at least
8 passengers. A snowcoach has a
maximum size of 102 inches wide, plus
tracks (not to exceed 110 inches
overall); a maximum length of 35 feet;
and a GVWR not exceeding 25,000
pounds. A snowcoach may not be
operated if the GVWR limit of the
vehicle is exceeded (including track
systems). As of December 14, 2014, a
snowcoach may not be operated if it
exerts a ground-surface pressure
(calculated by dividing the GVWR
(including track weight) by the number
of square inches of track in contact with
the snow surface) exceeding 4.5 pounds
per square inch.
Snowmobile means a self-propelled
vehicle intended for travel on snow,
with a curb weight of not more than
1,000 pounds (450 kg), driven by a track
or tracks in contact with the snow, and
which may be steered by a ski or skis
in contact with the snow. All-terrain
vehicles (ATVs) and utility-type
vehicles (UTVs) are not considered to be
snowmobiles, even if they have been
adapted for use on snow with track and
ski systems.
Snowplane means a self-propelled
vehicle intended for oversnow travel
and driven by an air-displacing
propeller.
(3) May I operate a snowmobile in
Yellowstone National Park? You may
operate a snowmobile in Yellowstone
National Park in compliance with use
limits, guiding requirements, operating
hours and dates, equipment, and
operating conditions established under
this section. The Superintendent may
establish additional operating
conditions after providing notice of
those conditions in accordance with one
or more methods listed in 36 CFR 1.7(a).
(4) May I operate a snowcoach in
Yellowstone National Park? (i) A
snowcoach may only be operated in
Yellowstone National Park under a
concessions contract. Snowcoach
operation is subject to the conditions
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39059
stated in the concessions contract and
all other conditions identified in this
section.
(ii) As of December 15, 2014, a dieselfueled snowcoach must meet EPA
model year 2010 air emission
requirements. A diesel snowcoach with
a GVWR greater than 8,500 pounds must
meet EPA model year 2010 ‘‘engine
configuration certified’’ diesel air
emission requirements, whether new or
retrofitted. A diesel snowcoach with a
GVWR less than 10,000 pounds may
instead meet EPA model year 2010 light
duty Tier 2 standards, whether new or
retrofitted.
(iii) As of December 15, 2014, a
gasoline-fueled snowcoach must meet
EPA model year 2010 air emission
requirements, whether new or
retrofitted.
(iv) As of December 15, 2014, a
snowcoach may not exceed a sound
level of 73 dBA when measured by
operating the coach at or near full
throttle for the test cycle. In accordance
with Society of Automotive Engineers
test procedures, a variance of up to 2
dBA is allowed.
A snowcoach may be tested at any
barometric pressure equal to or above
23.4 inches Hg uncorrected.
(v) Through March 15, 2014, a nonhistoric snowcoach must meet NPS air
emissions requirements, which mean
the applicable EPA emissions standards
for the vehicle that were in effect at the
time it was manufactured.
(vi) All emission-related exhaust
components (as listed in 40 CFR
86.004–25(b)(3)(iii) through (v)) must be
functioning properly. Such emissionsrelated components may only be
replaced with the original equipment
manufacturer (OEM) component, where
possible. Where OEM parts are not
available, aftermarket parts may be used
if they are certified not to worsen
emission and sound characteristics.
(vii) Operating a snowcoach with the
original pollution control equipment
disabled or modified is prohibited.
(viii) A snowcoach meeting the
requirements for air and sound
emissions may be operated in the park
for a period not exceeding 10 years from
the date upon it was first certified by the
Superintendent.
(ix) A snowcoach may be subject to
periodic inspections to determine
compliance with the requirements of
paragraphs (l)(4)(ii) through (l)(4)(viii) of
this section.
(5) Must I operate a certain model of
snowmobile? Only commercially
available snowmobiles that meet NPS
air and sound emissions requirements
as set forth in this section may be
operated in the park. The
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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules
Superintendent will approve
snowmobile makes, models, and years
of manufacture that meet those
requirements. Any snowmobile model
not approved by the Superintendent
may not be operated in the park.
(6) How will the Superintendent
approve snowmobile makes, models,
and years of manufacture for use in the
park? (i) Through March 15, 2014, all
snowmobiles must be certified under 40
CFR part 1051, to a Family Emission
Limit no greater than 15 g/kW-hr for
hydrocarbons and to a Family Emission
Limit no greater than 120 g/kW-hr for
carbon monoxide. As of December 15,
2014, all snowmobiles must be certified
under 40 CFR part 1051, to a Family
Emission Limit no greater than 15 g/kWhr for the sum of nitrogen oxides and
hydrocarbons and to a Family Emission
Limit no greater than 120 g/kW-hr for
carbon monoxide.
(ii) The snowmobile test procedures
specified by EPA (40 CFR Parts 1051
and 1065) must be used to measure air
emissions from model year 2005 and
later snowmobiles.
(iii) For sound emissions, through
March 15, 2014, snowmobiles must
operate at or below 73 dB(A) as
measured at full throttle according to
Society of Automotive Engineers J192
test procedures (revised 1985).
Snowmobiles may be tested at any
barometric pressure equal to or above
23.4 inches Hg uncorrected. As of
December 15, 2014, snowmobiles must
operate at or below 73 dB(A) as
measured at full throttle in accordance
with the applicable (as of November 1,
2012) Society of Automotive J192 test
procedures. The test must be
accomplished within the barometric
pressure limits of the test procedure;
there will be no allowance for elevation.
The Superintendent may revise these
testing procedures based on new
information and/or updates to the SAE
J192 testing procedures.
(iv) A snowmobile meeting the
requirements for air and sound
emissions may be operated in the park
for a period not exceeding 6 years from
the date upon which it was first
certified by the Superintendent.
(v) The Superintendent may prohibit
entry into the park of any snowmobile
that has been modified in a manner that
may adversely affect air or sound
emissions.
(vi) These air and sound emissions
requirements do not apply to a
snowmobile being operated on the Cave
Falls Road in Yellowstone.
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(7) Where may I operate a snowmobile
in Yellowstone National Park? (i) You
may operate a snowmobile only upon
designated oversnow routes established
within the park in accordance with 36
CFR 2.18(c). The following oversnow
routes are so designated:
(A) The Grand Loop Road from its
junction with Upper Terrace Drive to
Norris Junction.
(B) Norris Junction to Canyon
Junction.
(C) The Grand Loop Road from Norris
Junction to Madison Junction.
(D) The West Entrance Road from the
park boundary at West Yellowstone to
Madison Junction.
(E) The Grand Loop Road from
Madison Junction to West Thumb.
(F) The South Entrance Road from the
South Entrance to West Thumb.
(G) The Grand Loop Road from West
Thumb to its junction with the East
Entrance Road.
(H) The East Entrance Road from
Fishing Bridge Junction to the East
Entrance.
(I) The Grand Loop Road from its
junction with the East Entrance Road to
Canyon Junction.
(J) The South Canyon Rim Drive.
(K) Lake Butte Road.
(L) In the developed areas of Madison
Junction, Old Faithful, Grant Village,
West Thumb, Lake, Fishing Bridge,
Canyon, Indian Creek, and Norris.
(M) Cave Falls Road.
(N) For the winter of 2011–2012 only,
snowmobiles may be used on the
following routes between noon and 9
p.m. each day: Firehole Canyon Drive,
North Canyon Rim Drive, and Riverside
Drive.
(ii) The Superintendent may open or
close these routes, or portions thereof,
for snowmobile travel after taking into
consideration the location of wintering
wildlife, appropriate snow cover, public
safety, avalanche conditions, and other
factors. Notice of such opening or
closing will be provided by one or more
of the methods listed in 36 CFR 1.7(a).
(iii) This paragraph (l)(7) also applies
to non-administrative oversnow vehicle
use by NPS employees, contractors, or
concessioner employees, or other nonrecreational users authorized by the
Superintendent.
(iv) Maps detailing the designated
oversnow routes will be available from
Park Headquarters.
(8) What routes are designated for
snowcoach use? (i) Authorized
snowcoaches may be operated on the
routes designated for snowmobile use in
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Sfmt 4702
paragraphs (l)(7)(i)(A) through (l)(7)(i)(L)
of this section. Snowcoaches may also
be operated on the following additional
oversnow route:
(A) For rubber-tracked snowcoaches
only, the Grand Loop Road from Upper
Terrace Drive to the junction of the
Grand Loop Road and North Entrance
Road, and within the Mammoth Hot
Springs developed area.
(B) For the winter of 2011–2012 only,
snowcoaches may be used on the
following routes: Firehole Canyon
Drive, North Canyon Rim Drive,
Riverside Drive, Fountain Flat Road,
and the Grand Loop Road from Canyon
Junction to Washburn Hot Springs
overlook.
(ii) The Superintendent may open or
close these oversnow routes, or portions
thereof, or designate new routes for
snowcoach travel after taking into
consideration the location of wintering
wildlife, appropriate snow cover, public
safety, and other factors. Notice of such
opening or closing shall be provided by
one of more of the methods listed in 36
CFR 1.7(a).
(iii) This paragraph (l)(8) also applies
to non-administrative snowcoach use by
NPS employees, contractors,
concessioner employees, or other nonrecreational users authorized by the
Superintendent.
(9) Must I travel with a commercial
guide while snowmobiling in
Yellowstone and what other guiding
requirements apply? (i) All recreational
snowmobile operators must be
accompanied by a commercial guide.
(ii) Snowmobile parties must travel in
a group of no more than 11
snowmobiles, including that of the
guide.
(iii) Guided parties must travel
together within a maximum of one-third
mile of the first snowmobile in the
group.
(iv) The guiding requirements
described in this paragraph (l)(9) do not
apply to snowmobiles being operated on
the Cave Falls Road.
(10) Are there limits established for
the number of snowmobiles and
snowcoaches permitted to operate in the
park each day? The number of
snowmobiles and snowcoaches allowed
to operate in the park each day is
limited to a certain number. Allocations
may be shared among authorized guides
between entrances or location. The
limits will vary by day in accordance
with the limits listed in the following
table:
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TABLE 1 TO § 7.13(l)(10)—DAILY SNOWMOBILE AND SNOWCOACH LIMITS *
Level A
Park entrance/location
Level B
Level C
Level D
Commercially
guided snowmobiles
Commercially
guided
snowcoaches
Commercially
guided snowmobiles
Commercially
guided
snowcoaches
Commercially
guided snowmobiles
Commercially
guided
snowcoaches
Commercially
guided snowmobiles
Commercially
guided
snowcoaches
(i) North Entrance .............
(ii) West Entrance .............
(iii) South Entrance ...........
(iv) East Entrance .............
(v) Old Faithful ..................
(vi) Cave Falls ** ...............
11
176
110
22
11
50
12
36
14
2
16
0
0–11
110
66
0–22
11
50
8
22
8
0–2
10
0
0–11
66
44
0–11
0–11
50
6
12
6
0
6
0
0–11
66
44
0–11
0–11
50
12
36
14
2
16
0
Totals (without Cave
Falls) ......................
330
80
187–220
48–50
110–143
30
110–143
80
mstockstill on DSK4VPTVN1PROD with PROPOSALS
* For the winter of 2011–2012 only, the following snowmobile allocations are in effect: West Entrance, 160; South Entrance, 114; East Entrance, 20; North Entrance, 12; and Old Faithful, 12. The following snowcoach allocations will apply in 2011–2012 only: West Entrance, 34; South Entrance, 13; East Entrance, 2; North
Entrance, 13; and Old Faithful, 16.
** 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.
(11) How will I know when I can
operate a snowmobile or snowcoach in
the park? The Superintendent will:
(i) Determine operating hours, dates,
and use levels.
(ii) The public will be notified of
operating hours, dates, use levels and
any applicable changes through one or
more of the methods listed in § 1.7(a) of
this chapter.
(iii) Except for emergency situations,
any changes to the operating hours,
dates, and use levels will be made on an
annual basis.
(12) What other conditions apply to
the operation of oversnow vehicles? (i)
The following are prohibited:
(A) Idling an oversnow vehicle for
more than 5 minutes at any one time.
(B) Driving an oversnow vehicle while
the driver’s motor vehicle license or
privilege is suspended or revoked.
(C) Allowing or permitting an
unlicensed driver to operate an
oversnow vehicle.
(D) Driving an oversnow vehicle in
willful or wanton disregard for the
safety of persons, property, or park
resources or otherwise in a reckless
manner.
(E) Operating an oversnow vehicle
without a lighted white headlamp and
red taillight.
(F) Operating an oversnow vehicle
that does not have brakes in good
working order.
(G) The towing of persons on skis,
sleds, or other sliding devices by
oversnow vehicles, except in emergency
situations.
(ii) The following are required:
(A) All oversnow vehicles that stop on
designated routes must pull over to the
far right and next to the snow berm.
Pullouts must be used where available
and accessible. Oversnow vehicles may
not be stopped in a hazardous location
or where the view might be obscured, or
operated so slowly as to interfere with
the normal flow of traffic.
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(B) Oversnow vehicle drivers must
possess a valid motor vehicle driver’s
license. A learner’s permit does not
satisfy this requirement. The license
must be carried by the driver at all
times.
(C) Equipment sleds towed by a
snowmobile must be pulled behind the
snowmobile and fastened to the
snowmobile with a rigid hitching
mechanism.
(D) Snowmobiles must be properly
registered and display a valid
registration from a state or province in
the United States or Canada,
respectively.
(iii) The Superintendent may impose
other terms and conditions as necessary
to protect park resources, visitors, or
employees. The public will be notified
of any changes through one or more
methods listed in § 1.7(a) of this
chapter.
(iv) This paragraph (l)(12) also applies
to non-administrative oversnow vehicle
use by NPS employees, contractors, or
concessioner employees, or other nonrecreational users authorized by the
Superintendent.
(13) What conditions apply to alcohol
use while operating an oversnow
vehicle? In addition to 36 CFR 4.23, the
following conditions apply:
(i) Operating or being in actual
physical control of an oversnow vehicle
is prohibited when the driver is under
21 years of age and the alcohol
concentration in the driver’s blood or
breath is 0.02 grams or more of alcohol
per 100 milliliters of blood or 0.02
grams or more of alcohol per 210 liters
of breath.
(ii) Operating or being in actual
physical control of an oversnow vehicle
is prohibited when the driver is a
snowmobile guide or a snowcoach
driver and the alcohol concentration in
the operator’s blood or breath is 0.04
grams or more of alcohol per 100
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
milliliters of blood or 0.04 grams or
more of alcohol per 210 liters of breath.
(iii) This paragraph (1)(13) also
applies to non-administrative oversnow
vehicle use by NPS employees,
contractors, or concessioner employees,
or other non-recreational users
authorized by the Superintendent.
(14) Do other NPS regulations apply
to the use of oversnow vehicles? (i) The
use of oversnow vehicles in
Yellowstone is subject to §§ 2.18(a) and
(c), but not subject to §§ 2.18(b), (d), (e),
and 2.19(b) of this chapter.
(ii) This paragraph (l)(14) also applies
to non-administrative oversnow vehicle
use by NPS employees, contractors,
concessioner employees, or other nonrecreational users authorized by the
Superintendent.
(15) Are there any forms of nonmotorized oversnow transportation
allowed in the park?
(i) Non-motorized travel consisting of
skiing, skating, snowshoeing, or walking
is permitted unless otherwise restricted
under this section or other NPS
regulations.
(ii) The Superintendent may designate
areas of the park as closed, reopen
previously closed areas, or establish
terms and conditions for non-motorized
travel within the park in order to protect
visitors, employees, or park resources.
Notice will be made in accordance with
§ 1.7(a) of this chapter.
(iii) Dog sledding and ski-joring (a
skier being pulled by a dog, horse or
vehicle) are prohibited. Bicycles,
including bicycles modified for
oversnow travel, are not allowed on
oversnow routes in Yellowstone.
(16) May I operate a snowplane in
Yellowstone National Park? The
operation of a snowplane in
Yellowstone is prohibited.
(17) Is violating any of the provisions
of this section prohibited? Violating any
of the terms, conditions or requirements
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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules
of paragraphs (l)(1) through (l)(16) of
this section is prohibited.
*
*
*
*
*
Dated: May 9, 2011.
Will Shafroth,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2011–16786 Filed 7–1–11; 8:45 am]
BILLING CODE 4310–CT–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 3, 14, and 20
RIN 2900–AN91
Substitution in Case of Death of
Claimant
Department of Veterans Affairs.
Reopening of public comment
AGENCY:
ACTION:
period.
In response to a request for
additional time to submit comments,
notice is hereby given that the comment
period for the proposed rule,
‘‘Substitution in Case of Death of
Claimant’’ (76 FR 8666), published in
the Federal Register on February 15,
2011, is reopened and extended. The
comment period will reopen for 30
days.
SUMMARY:
Comments must be received by
VA on or before August 4, 2011.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
(This is not a toll-free number.)
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AN91—Substitution in Case of Death of
Claimant.’’ Copies of comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1063B,
between the hours of 8 a.m. and 4:30
p.m., Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Robert Watkins, Department of Veterans
Affairs, Veterans Benefits
Administration, Compensation and
Pension Service, Regulation Staff
(211D), 810 Vermont Avenue, NW.,
mstockstill on DSK4VPTVN1PROD with PROPOSALS
DATES:
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Jkt 223001
Washington, DC 20420, (202) 461–9214.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: The
Department of Veterans Affairs (VA) is
reopening the comment period for the
proposed rule, ‘‘Substitution in Case of
Death of Claimant’’ (76 FR 8666),
published in the Federal Register on
February 15, 2011, in response to a
request for additional time to submit
comments from the National
Organization of Veterans’ Advocates
(NOVA). The proposed regulations
would implement section 212 of the
Veterans’ Benefits Improvement Act of
2008, which allows an eligible survivor
to substitute for a deceased claimant in
order to complete the processing of the
deceased claimant’s claim. The
comment period will reopen for 30
days.
Approved: June 28, 2011.
William F. Russo,
Deputy Director, Office of Regulation Policy
and Management, Office of the General
Counsel, Department of Veterans Affairs.
[FR Doc. 2011–16662 Filed 7–1–11; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 5
Negotiated Rulemaking Committee on
Designation of Medically Underserved
Populations and Health Professional
Shortage Areas; Notice of Meeting
Health Resources and Services
Administration, HHS.
ACTION: Negotiated Rulemaking
Committee meeting.
AGENCY:
In accordance with section
10(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92–463), notice
is hereby given of the following meeting
of the Negotiated Rulemaking
Committee on Designation of Medically
Underserved Populations and Health
Professional Shortage Areas.
DATES: Meetings will be held on July 20,
2011, 9:30 a.m. to 6 p.m. and July 21,
2011, 9 a.m. to 5 p.m.
ADDRESSES: Meetings will be held at the
Sheraton Suites Old Town Alexandria,
801 North Saint Asaph Street,
Alexandria, Virginia 22314, (703) 836–
4700.
FOR FURTHER INFORMATION CONTACT:
For more information, please contact
Emily Cumberland, Office of Policy
Coordination, Bureau of Health
Professions, Health Resources and
Services Administration, Room 9–49,
Parklawn Building, 5600 Fishers Lane,
SUMMARY:
PO 00000
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Fmt 4702
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Rockville, Maryland 20857, Telephone
(301) 443–4662, E-mail:
ecumberland@hrsa.gov or visit https://
www.hrsa.gov/advisorycommittees/
shortage/.
SUPPLEMENTARY INFORMATION:
Status: The meeting will be open to
the public.
Purpose: The purpose of the
Negotiated Rulemaking Committee on
Designation of Medically Underserved
Populations and Health Professional
Shortage Areas is to establish criteria
and a comprehensive methodology for
Designation of Medically Underserved
Populations and Primary Care Health
Professional Shortage Areas, using a
Negotiated Rulemaking (NR) process. It
is hoped that use of the NR process will
yield a consensus among technical
experts and stakeholders on a new rule
for designation of medically
underserved populations and primary
care health professions shortage areas,
which would be published as an Interim
Final Rule in accordance with Section
5602 of the Affordable Care Act, Public
Law 111–148.
Agenda: The meeting will be held on
Wednesday, July 20 and Thursday, July
21. It will include a discussion of
various components of a possible
methodology for identifying areas of
shortage and underservice, based on the
recommendations of the Committee in
the previous meeting. The Thursday
meeting will also include development
of the agenda for the next meeting.
Members of the public will have the
opportunity to provide comments
during the meeting on Thursday
afternoon.
Requests from the public to make oral
comments or to provide written
comments to the Committee should be
sent to Emily Cumberland at the contact
address above at least 10 days prior to
the first day of the meeting, July 20. The
meetings will be open to the public as
indicated above, with attendance
limited to space available. Individuals
who plan to attend and need special
assistance, such as sign language
interpretation or other reasonable
accommodations, should notify the
contact person listed above at least 10
days prior to the meeting.
Dated: June 27, 2011.
Reva Harris,
Acting Director, Division of Policy and
Information Coordination.
[FR Doc. 2011–16718 Filed 7–1–11; 8:45 am]
BILLING CODE 4165–15–P
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Agencies
[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Proposed Rules]
[Pages 39048-39062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16786]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD92
Special Regulations; Areas of the National Park System,
Yellowstone National Park
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) is proposing this rule to
establish a management framework that allows the public to experience
the unique winter resources and values at Yellowstone National Park.
The proposed rule would provide a variety of use levels and experiences
for visitors by establishing maximum numbers of snowmobiles and
snowcoaches permitted in the park on a given day. It also would require
that most snowmobiles and snowcoaches operating in the park meet air
and sound requirements and be accompanied or operated by a commercial
guide.
DATES: Comments must be received by September 6, 2011.
ADDRESSES: You may submit your comments, identified by Regulation
Identifier Number (RIN) 1024-AD92, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Yellowstone National Park, Winter Use Proposed Rule,
P.O. Box 168, Yellowstone NP, WY 82190
Hand Deliver to: Management Assistant's Office,
Headquarters Building, Mammoth Hot Springs, Yellowstone National Park,
Wyoming.
All submissions received must include the agency name and RIN. For
additional information see ``Public Participation'' under SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: Wade Vagias, Management Assistant's
Office, Headquarters Building, Yellowstone National Park, 307-344-2019
or at the address listed in the ADDRESSES section.
SUPPLEMENTARY INFORMATION:
Background
The NPS has been managing winter use in Yellowstone National Park
for several decades. A detailed history of the winter use issue, past
planning efforts, and litigation is provided in the background section
of the 2011 Draft Environmental Impact Statement (DEIS). The park has
most recently operated under the 2009 interim plan, which was in effect
for the past two winter seasons and expired by its own terms on March
15, 2011. With publication of this proposed rule, and the DEIS, the NPS
is soliciting public comment on a long-term direction for winter use in
Yellowstone National Park.
Additional information, including the DEIS, is available online at:
https://www.nps.gov/yell/parkmgmt/participate.htm.
Park Resource Issues
The DEIS analyzes the issues and environmental impacts of seven
alternatives for the management of winter use in the park. Major issues
analyzed in the DEIS include social and economic issues, human health
and safety, wildlife, air quality, natural soundscapes, visitor use and
experience, and visitor accessibility. Impacts associated with each of
the alternatives are detailed in the DEIS, which is available at the
following site: https://parkplanning.nps.gov.
Description of the Proposed Rule
Snowmobile and snowcoach use at Yellowstone National Park is
referred to as oversnow vehicle (OSV) use. The proposed regulations are
similar in many respects to plans and rules that have been in effect
for the last six winter seasons. Thus, many of the regulations
regarding operating conditions, designated routes, and restricted hours
of operation have been enforced by the NPS for several years. One
notable difference, however, is a new proposal in this rule to provide
a variety of use levels and experiences for visitors by establishing
varying maximum numbers of OSVs permitted in the park for different
days throughout the winter season. This would be accomplished by
implementing different use levels for OSV use that would vary day-by-
day, on a pre-set annual schedule, rather than being fixed for the
entire winter season. Authorized snowmobile use would
[[Page 39049]]
range from 110 to 330 vehicles per day while snowcoach use would range
from 30 to 80 vehicles per day. The varying use levels would provide
for high and low OSV use days, allowing for a variety of motorized and
non-motorized visitor experiences throughout the winter season.
Accordingly, certain segments of the park's snow roads would be closed
to visitor OSV use and would be available for skiing and snowshoeing
during certain times of the season.
A one-season transition period to prepare for the implementation of
the new winter use plan would be in place for the 2011-2012 winter
season. During this transition period, provisions of the 2009 interim
plan would be re-instituted, allowing for up to 318 snowmobiles and 38
snowcoaches per day for the first year of the new plan only.
Monitoring
As part of the park's adaptive management program for winter use,
scientific studies and monitoring of winter visitor use and park
resources would continue under this proposal. Selected areas of the
park, including sections of roads, would be closed to visitor use if
the studies and monitoring indicate that human presence or activities
have a substantial effect on wildlife or other park resources that
cannot be mitigated. The NPS would provide a one-year notice before any
such closure would be implemented, unless an immediate closure is
necessary. The Superintendent would continue to have the authority
under either this regulation or 36 CFR 1.5 to take emergency actions to
protect park resources or values.
Air Emission Requirements
Snowmobiles
The proposed rule retains the requirement from previous winter use
plans that all recreational snowmobiles comply with air emissions
restrictions. The emission requirements for snowmobiles (and the
implementation of those requirements for snowcoaches) would ensure air
pollution levels remain low in the park in the winter, as evidenced by
the past seven years of air quality monitoring that has indicated very
good air quality.
During the late 1990s, when an average of 795 snowmobiles entered
the park each day, high levels of carbon monoxide (CO), particulate
matter (PM), and hydrocarbons (HC) were detected. To mitigate these
emissions, the NPS implemented snowmobile air emission requirements
beginning in 2004 that called for emission levels no greater than 120
grams per kilowatt hour (g/kW-hr) of CO and 15 g/kW-hr for HC. The NPS
proposes to continue these emission requirements.
The requirements in place since 2004 have significantly reduced CO,
PM, and HC emissions. As compared to EPA's baseline emissions
assumptions for conventional two-stroke snowmobiles, NPS air emission
requirements have achieved a 70% reduction in CO and a 90% reduction in
HC. Improvements to air quality have also been assisted by daily use
limits and commercial guiding (which helps assure use of NPS-certified
snowmobiles and keeps idling to a minimum). Use of four-stroke
snowmobiles to meet these emission requirements has resulted in a
substantial reduction in CO and PM; however, an increase in nitrogen
oxide (NOX) has been noted with this type of engine. NPS
expects that implementation of air emission requirements for
snowcoaches beginning in the winter of 2014-2015 will lead to a
reduction in NOX inside the park, and will continue to
monitor NOX. If no reduction in NOX levels is
seen after implementation of air emission requirements for snowcoaches,
NPS may act in the future to establish NOX emission limits
for snowmobiles.
The NPS will continue the requirement that all snowmobile
manufacturers use the EPA-approved 5-mode test method and Family
Emission Limit (FEL) procedure under 40 CFR parts 1051 and 1065 to
certify that a snowmobile meets the NPS requirements. The FEL allows a
single engine type to be certified for use in a number of different
snowmobile models, or an engine ``family.'' Snowmobile manufacturers
may demonstrate that snowmobiles meet NPS air-emissions requirements by
submitting to the NPS a copy of their EPA application (which includes
the engine's FEL) used to demonstrate compliance with EPA's snowmobile
emission regulation. The NPS would accept the application and
information from a manufacturer, while review and certification by EPA
is pending, in support of NPS conditionally certifying a snowmobile as
meeting NPS emission requirements. Should EPA certify the snowmobile at
a level that would no longer meet NPS requirements, this snowmobile
would no longer be considered to be NPS-compliant and its use in the
park would be prohibited or phased out according to a schedule
determined by the NPS.
A snowmobile that has been modified from the manufactured design
may increase emissions of HC and CO greater than the proposed emission
restrictions and therefore would not be allowed to enter the park. It
would be the responsibility of the end user and guide to ensure that a
snowmobile complies with all applicable restrictions.
Snowmobiles being operated on the Cave Falls road, which extends
approximately one mile into the park from the adjacent national forest,
would continue to be exempt from the air-emission requirements. The
Cave Falls road does not connect to other park roads and snowmobile use
of this road is independent of the other park oversnow routes.
Snowcoaches
Under concessions contracts issued in 2003, 78 snowcoaches are
authorized to operate in the park. Approximately 29 of these
snowcoaches, referred to as ``historic snowcoaches'' in this rule, were
manufactured by Bombardier before 1983 and designed specifically for
oversnow travel. All other snowcoaches are passenger vans or light or
medium buses that have been converted for oversnow travel using tracks
and/or skis.
During the first three years of this plan (through 2013-2014),
historic snowcoaches would not be required to meet air emission
requirements. However, all non-historic snowcoaches must meet the EPA
air emissions standards in effect when the vehicle was manufactured.
This would be implemented by ensuring that all emission-related exhaust
components are installed and functioning properly. Malfunctioning
emissions-related components must be replaced with the original
equipment manufacturer (OEM) components where possible. If OEM parts
are not available, aftermarket parts may be used. Catalysts that have
exceeded their useful life must be replaced unless the operator can
demonstrate that the catalyst is functioning properly. Operating a snow
coach that has its original pollution control equipment modified or
disabled would be prohibited. A snowcoach may be subject to periodic
inspections to determine compliance with emission requirements.
In 2004, EPA began phasing in new and cleaner emissions standards
for light-duty vehicles, light-duty trucks, and medium-duty passenger
vehicles and in 2008 for heavy duty spark and compression ignition
vehicles (the vehicle classes most converted snowcoaches meet). These
standards are called Tier 2 (for lighter-duty vehicles) or ``engine
configuration certified'' (for heavier duty, diesel vehicles).
Implementation of these standards was completed in 2010.
[[Page 39050]]
As of the 2014-2015 winter, the proposed rule would require that
all snowcoach engines meet EPA model year 2010 emission requirements,
except that diesel-fueled snowcoaches with a gross vehicle weight
rating (GVWR) of 8,500 pounds or more would need to comply with EPA
model year 2010 ``engine configuration certified'' diesel air emission
standards. Alternatively, and achieving better emission results, diesel
snowcoaches with a GVWR between 8,500 and 10,000 pounds may meet the
EPA light-duty Tier 2 standards. The NPS recognizes that some
snowcoaches will likely need to be retrofitted in order to comply.
In February 2005 and 2006, the University of Denver collected
emissions data from various snowcoaches. Results indicated that
snowcoaches could be modernized to reduce CO and HC emissions. These
studies found that newer coaches are cleaner than older models and have
emission controls that will function more of the time. By implementing
an air emission requirement for snowcoaches that calls for newer engine
and emission controls, the NPS expects continued improvements in the
park's air quality.
Sound Emission Requirements
Snowmobiles
Sound restrictions continue to require a snowmobile to operate at
or below 73 decibels measured using the A scale (dB(A)) while at full
throttle, according to Society of Automotive Engineers J192 test
procedures (revised 1985) (SAE J192). Beginning with the 2014-2015
winter season, the NPS would use the most current (as of November 2012)
version of SAE J192 to determine compliance with this requirement.
The NPS recognizes that the SAE updated these test procedures in
2003; however, the changes between the 2003 and 1985 test procedures
could alter the measurement results. The NPS sound emission requirement
was initially established using 1985 test procedures (in addition to
information provided by industry and modeling). Therefore, to be
consistent with our requirements, we would continue to use the 1985
test. The NPS also understands that an update to the 2003 J192
procedures may be underway. This rule proposes to transition to the
newer J192 test procedures for the 2014-2015 winter season. By
specifying November 2012 for the revised procedure, the NPS and
industry would have sufficient time to test snowmobiles that are in
development and production well ahead of the 2014-2015 winter season.
This rule also proposes that the NPS will periodically update testing
to conform to future changes in SAE J192 standards and procedures.
In past rules, the NPS has allowed a barometric pressure variance
from SAE J192 procedures to determine if a snowmobile meets sound
emission requirements. This is because the original testing occurred in
Yellowstone at a barometric pressure lower than what is allowed under
SAE J192. With the adoption of an updated SAE J192, the NPS believes it
is the appropriate time to bring all aspects of testing into
conformance with the SAE J192 procedures.
For the first three winters of implementation of this rule (through
2013-2014), 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 previously used to determine
the sound emissions requirement. The reduced barometric pressure
allowance was necessary since snowmobiles were tested at the high
elevation of the park where atmospheric pressure is lower than the SAE
J192's requirements. Testing data indicate that snowmobiles test
quieter at higher elevations, and therefore may be able to pass this
test at higher elevations but fail when tests are conducted near sea
level. Beginning in 2014-2015, the NPS would require manufacturers to
meet the requirements of the revised SAE J192 with no barometric
pressure (high altitude) exception.
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, snowmobile models are certified by an independent testing
company as complying with all SSCC safety standards, including sound
standards. The proposed rule would not require the SSCC form
specifically, as there could be other acceptable documentation in the
future. The NPS intends to work cooperatively with the snowmobile
manufacturers on appropriate documentation. Other test methods could be
approved by NPS on a case-by-case basis.
Individual snowmobiles that have been modified and therefore may
increase sound emissions beyond the proposed emission restrictions
would be denied entry to the park. It would be the responsibility of
the end user and guide to ensure that their snowmobile complies with
all applicable restrictions.
The NPS requirement for sound was established by reviewing
individual machine results from side-by-side testing performed by the
NPS contractor, Harris Miller Miller & Hanson Inc. (HMMH) and the State
of Wyoming's contractor, Jackson Hole Scientific Investigations (JHSI).
Six four-stroke snowmobiles were tested for sound emissions. These
emission reports independently concluded that all the snowmobiles
tested between 69.6 and 77.0 dB(A) using the SAE J192 protocol. On
average, the HMMH and JHSI studies measured four-strokes at 73.1 and
72.8 dB(A) at full throttle, respectively. The SAE J192 test allows for
a tolerance of 2 dB(A) over the sound limit to account for variations
in weather, snow conditions, and other factors.
Snowmobiles being operated on the Cave Falls road would continue to
be exempt from the sound emission requirements.
Snowcoaches
The NPS would require that new and retrofitted snowcoaches not
exceed 73 dB(A) when measured by operating the coach at or near full
throttle for the test cycle. The NPS would require the same parameters
found in the current (as of November 2012) SAE J192 sound test, except
that snowcoaches would be operated at a steady speed at or near full
throttle. Due to their size and weight and the challenge of testing a
snowcoach at lower barometric pressure, snowcoaches may be sound tested
at higher elevations near and in the park, so long as the barometric
pressure is at or above 23.4 inches Hg uncorrected (as measured at or
near the test site).
Both the updated snowmobile and new snowcoach sound emission
requirements should reduce the impacts of oversnow vehicles on the
park's soundscapes.
NPS Approved Snowmobiles and Snowcoaches
The Superintendent would maintain and annually publish a list of
approved snowmobiles by make, model, and year of manufacture that meet
NPS requirements. For the winter of 2010-2011, the NPS certified 65
different snowmobile models (from model years 2005-2011, and various
manufacturers) as meeting the requirements. When certifying a new
snowmobile as meeting NPS requirements, the NPS would also publish how
long the certification applies. Generally, each snowmobile model
certification would apply for six
[[Page 39051]]
consecutive winter seasons following its manufacture. Based on NPS
experience, six years represents the typical useful life of a
snowmobile, and thus provides a purchaser with a reasonable length of
time when operation may be allowed within the park.
The NPS would also maintain a list of approved snowcoaches that
meet the air and sound emissions requirements for coaches. Since many
snowcoaches are aftermarket adaptations of wheeled vehicles, the list
would consist of the individual vehicles that have been approved for
use. Once approved, a snowcoach may operate in the park for no more
than 10 consecutive winter seasons. To continue to operate in the park,
a snowcoach must then be retrofitted to meet evolving emission
requirements and re-certified for sound. For example, a model year 2010
snowcoach would cease to be allowed to operate in the park as of March
15, 2020, if it is not retrofitted and re-tested. Because of the large
investment in individual snowcoaches, the NPS believes that a longer
duration for the certification period is appropriate, while maintaining
park resource values.
Use of Commercial Guides
To mitigate impacts to wildlife, air quality, natural soundscapes,
and visitor and employee safety, the NPS is proposing to continue that
all recreational OSVs operating in the park be accompanied by a
commercial guide, except for those operating on the segment of the Cave
Falls road that extends one mile into the park from the adjacent
national forest. Since the winter of 2004-2005, all snowmobilers and
snowcoaches have been led by commercial guides. Commercial guides are
employed by local private businesses, not by the NPS. Commercial guides
have proven effective at keeping groups adhering to speed limits,
staying on the groomed road surfaces, reducing conflicts with wildlife,
and ensuring other behaviors that are appropriate for visitors to
safely and responsibly visit the park. Commercial guides are trained in
basic first aid and CPR and often carry satellite or cellular
telephones, radios, and other equipment for emergency use. Since
implementation of the commercial guiding requirements, Yellowstone has
observed a pronounced reduction in the number of law enforcement
incidents and accidents associated with the use of OSVs, even when
accounting for the reduced number of snowmobilers relative to pre-
guided use levels.
No more than eleven snowmobiles would be permitted in a group,
including that of the guide. A snowmobile may not be operated
separately from a group within the park. Except in emergency
situations, guided parties must travel together and remain within one-
third mile of the first snowmobile in the group. This would ensure that
guided parties do not become separated. One-third mile would allow for
sufficient and safe spacing between individual snowmobiles within the
guided party, allow the guide(s) to maintain control over the group and
minimize impacts.
NPS does not consider a minimum group size requirement necessary.
As a practical matter, in recent winters group size has averaged seven
snowmobiles per group.
Designated Routes
A number of changes are proposed in routes designated for OSV use
based on analyses in the 2011 DEIS and experience with the management
of winter use over the past six winters. All main road segments would
generally remain open for OSV use, but certain side roads would be
reserved for ski and snowshoe use only, and certain main road segments
would be closed to all OSV travel during parts of the winter. This
would provide a wider variety of motorized and non-motorized
experiences for visitors.
Daily Snowmobile and Snowcoach Limits
The number of OSVs that could operate in the park at any one time
would continue to be limited under this rule. However, based on
observing actual use over the past six winters and combined with the
goal of providing a wider range of experiences for visitors, daily
limits on snowmobiles and snowcoaches would be variable at preset
levels for each type of vehicle. A schedule would be established one
full year ahead of the forthcoming winter season (for example, by
December 1, 2012 for the 2013-2014 winter). These limits are also
intended to mitigate impacts to air quality, employee and visitor
health and safety, natural soundscapes, wildlife, and visitor
experience. The daily entry limits for snowmobiles and snowcoaches are
identified in Table 1. These limits would be based on four different
use levels, as described in the table. Use limits identified in Table 1
include guides since commercial guides are counted towards the daily
limits. Approximately one-half of the days would be at use level A;
approximately one-third of the days would be at use level B; and
approximately one-sixth of the days would be at use levels C or D. The
Superintendent may vary the schedule annually based on factors
including visitor use and experience and adaptive management
considerations. Daily entrance allocations not able to be used due to
resource or weather concerns or closures will be lost, and will not be
rolled into other days.
The proposed rule specifically identifies limits for Old Faithful
since a park concessioner provides snowmobile rentals and commercial
guiding services originating there. For example, some visitors choose
to enter the park on a snowcoach tour, spend two or more nights at the
Old Faithful Snow Lodge, and go on a commercially guided snowmobile
tour of the park.
Table 1--Yellowstone Daily Snowmobile and Snowcoach Entry Limits *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Level A Level B Level C Level D
-------------------------------------------------------------------------------------------------------------------------------
Park entrance/location Commercially Commercially Commercially Commercially Commercially Commercially Commercially Commercially
guided guided guided guided guided guided guided guided
snowmobiles snowcoaches snowmobiles snowcoaches snowmobiles snowcoaches snowmobiles snowcoaches
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(i) North Entrance [dagger]..................................... 11 12 0-11 8 0-11 6 0-11 12
(ii) West Entrance.............................................. 176 36 110 22 66 12 66 36
(iii) South Entrance **......................................... 110 14 66 8 44 6 44 14
(iv) East Entrance [dagger]..................................... 22 2 0-22 0-2 0-11 0 0-11 2
(v) Old Faithful ***............................................ 11 16 11 10 0-11 6 0-11 16
(vi) Cave Falls ****............................................ 50 0 50 0 50 0 50 0
-------------------------------------------------------------------------------------------------------------------------------
[[Page 39052]]
Totals (without Cave Falls)................................. 330 80 187-220 48-50 110-143 30 110-143 80
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* For the winter of 2011-2012 only, the following snowmobile allocations are in effect: West Entrance, 160; South Entrance, 114; East Entrance, 20; North Entrance, 12; and Old Faithful, 12.
The following snowcoach allocations will apply in 2011-2012 only: West Entrance, 34; South Entrance, 13; East Entrance, 2; North Entrance, 13; and Old Faithful, 16.
** Includes portion of the John D. Rockefeller, Jr. Memorial Parkway between Flagg Ranch and South Entrance.
*** Under use levels C&D, it is anticipated that there are some days that no snowmobile entries would be allocated to Old Faithful.
**** This use occurs on a short (approximately 1-mile) segment of road and is incidental to other snowmobiling activities in the Caribou-Targhee National Forest. These users do not have to be
accompanied by a guide.
[dagger] A daily entry allocation of 0 is included within ranges for the North and East entrances to reflect an early season closure for plowing at the North Entrance, and seasonal closures of
the East Entrance from December 15-21 and March 2-15.
Flexible Allocations
Snowmobile and snowcoach entries may be cooperatively shared among
commercial guides and among entrances. For example, a guide from West
Entrance who has additional allocations available may share those
allocations with a South Entrance guide. This sharing would allow as
much flexibility as possible while ensuring that the numbers of
snowmobiles and snowcoaches operating in the park do not exceed the
total number authorized for that day at any one time. NPS envisions
that a system for sharing allocations would be created and controlled
by those guides and outfitters who receive entrance allocations under
this plan, and could require notification when allocations are shared.
Avalanche Management--Sylvan Pass
Sylvan Pass would be open under the proposed rule 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
closures, and NPS fiscal, staff, infrastructural, equipment, and other
safety-related capacities. A combination of avalanche mitigation
techniques may be used, including risk assessment analyses as well as
forecasting and helicopter and howitzer-dispensed explosives. 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. When safety criteria have
been met, the pass may be opened; when they have not been met, the pass
will remain closed. As with past winters, extended closures of the pass
may occur.
Avalanche control at Sylvan Pass has long represented a safety
concern to the NPS. The 2000 FEIS, 2003 SEIS, 2004 EA, 2007 FEIS and
the 2008 EA all clearly identify the significant avalanche danger on
Sylvan Pass. Approximately 20 avalanche paths cross the road at Sylvan
Pass, thus 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 avalanches. 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
the park and the Shoshone National Forest. Natural avalanches can and
do occur, both before and after howitzer use. Using a helicopter
instead of a howitzer also is a high-risk activity because of other
risks a helicopter contractor would have to incur. Safety evaluations
of Sylvan Pass by the Occupational Health and Safety Administration
(OSHA) and an Operational Risk Management Assessment (ORMA) have been
reviewed and updated and included in the analysis of impacts in the
2011 DEIS.
This approach, which implements a 2008 agreement, both addresses
the concerns of the communities and the NPS. The City of Cody, Wyoming,
as well as Park County, Wyoming, and the State of Wyoming have
expressed their belief in the importance of this route to the community
and have described the historical relationship between Cody and the
park's East Entrance. The state, county, and city believe that
businesses near the East Entrance have been negatively impacted in
recent years by the changing patterns of winter visitation and have
expressed their concern that these businesses would continue to be
adversely affected if the pass is closed to oversnow vehicle travel in
the winter. The community and businesses have also stated the value
they place on the certainty of the road being open in the winter and
the importance of that certainty to their businesses and guests. NPS
acknowledges those values and concerns and has carefully weighed those
considerations.
From March 2 to March 15, the NPS would maintain a road segment,
not prone to avalanche danger, 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
snowcoach use would be allowed in order to provide drop-offs for such
purposes.
Section-by-Section Analysis
Section 7.13(l)(1) What is the scope of this regulation?
The regulations apply to the use of recreational snowcoaches and
snowmobiles. Except where indicated, the regulations do not apply to
non-administrative oversnow vehicle use by NPS employees, contractors,
concessioner employees, or other non-recreational users authorized by
the Superintendent.
Section 7.13(l)(2) What terms do I need to know?
The NPS has included definitions for a variety of terms, including
oversnow vehicle, designated oversnow route, and commercial guides. For
snowmobiles, NPS is continuing to use the definition found at 36 CFR
1.4, but has also included language that makes it clear that all-
terrain vehicles (ATVs) and utility-type vehicles (UTVs) are not
snowmobiles, even if they have been adapted for use on snow with track
and ski systems. These vehicles were not originally designed to operate
oversnow and may not meet NPS air and sound emission requirements.
Yellowstone's oversnow routes remain entirely on roads used by
motor vehicles during other seasons and thus are consistent with the
requirements in
[[Page 39053]]
36 CFR 2.18. Earlier regulations also referred only to snowmobiles or
snowcoaches. Since there is a strong likelihood that new forms of
oversnow motorized vehicles will be developed in the future that can
travel on snow, a definition for ``oversnow vehicle'' was developed to
ensure that any such new technology is subject to this regulation. When
a particular requirement or restriction only applies to a certain type
of oversnow vehicle, the specific vehicle is stated and the restriction
only applies to that type of vehicle, not all oversnow vehicles.
However, oversnow vehicles that do not meet the strict definition of a
snowcoach (i.e., both weight and passenger capacity) would be subject
to the same requirements as snowmobiles. These definitions may be
clarified in future rulemakings based on changes in technology.
In earlier regulations, NPS specified a size and weight limit for
snowcoaches. As the number of larger and heavier snowcoaches has
increased, the NPS has observed serious rutting of the groomed road
surface caused by heavier coaches. Rutting creates safety issues for
other coaches and snowmobiles using the oversnow routes. To address
this issue, the proposed rule would also establish a pounds-per-square-
inch limit for coaches.
Section 7.13(l)(3) May I operate a snowmobile in Yellowstone National
Park?
The proposed rule would continue to authorize operation of a
snowmobile within the park, subject to use limits, commercial guiding
requirements, operating hours and dates, equipment requirements, and
operating conditions established in this section. Snowmobile and
snowcoach use between Flagg Ranch and the South Entrance of Yellowstone
occurs in the John D. Rockefeller, Jr. Memorial Parkway, and is
addressed in regulations pertaining to that unit of the national park
system, 36 CFR 7.21(a), except that the daily entry limits for that use
are addressed by this rule. Once any such OSVs enter Yellowstone, they
are also subject to the other terms and conditions of this proposed
rule.
Section 7.13(l)(4) May I operate a snowcoach in Yellowstone National
Park?
This proposed rule would continue the authorized operation of
snowcoaches in the park. It would require that they be commercially
operated under a concessions contract, and that they are subject to the
applicable air and sound emission technology requirements for snowcoach
operations. Through March 15, 2014, the NPS also proposes to continue
the requirement that all non-historic snowcoaches meet the applicable
EPA air emissions standards that were in effect at the time the vehicle
was manufactured. As of December 15, 2014, all snowcoaches must meet
the then applicable NPS air and sound emission requirements.
Section 7.13(l)(5) Must I operate a certain model of snowmobile?
The proposed rule would continue the requirement that only
commercially available snowmobiles that meet NPS air and sound
emissions requirements may be operated in the park.
Section 7.13(l)(6) How will the Superintendent approve snowmobile
makes, models, and year of manufacture for use in the park?
Snowmobiles must be certified under 40 CFR 1051 to a FEL no greater
than a total of 15 g/kW-hr for HC and a FEL of no greater than 120 g/
kW-hr for CO.
Section 7.13(l)(7) Where may I operate a snowmobile in Yellowstone
National Park?
Specific routes are listed where snowmobiles may be operated, but
the proposed rule also provides latitude for the Superintendent to
close and re-open routes when necessary. When determining what routes
are available for use, the Superintendent would use the criteria in 36
CFR 2.18(c), and may also take other issues into consideration
including weather and snow conditions, public safety, protection of
park resources, and other factors.
Section 7.13(l)(8) What routes are designated for snowcoach use?
Snowcoaches may be operated on the specific routes open to
snowmobile use. In addition, rubber-tracked snowcoaches may be operated
in the Mammoth developed area. This proposed rule also provides
latitude for the Superintendent to close and re-open routes when
necessary. When determining what routes are available for use, the
Superintendent would use the criteria in 36 CFR 2.18(c), and may also
take other issues into consideration, including weather and snow
conditions, public safety, protection of park resources, and other
factors.
Section 7.13(l)(9) Must I travel with a commercial guide while
snowmobiling in Yellowstone and what other guiding requirements apply?
The proposed rule retains the existing requirement that all
recreational snowmobile operators be accompanied by a commercial guide.
As in the interim regulations, parties must travel in groups of no more
than eleven snowmobiles including that of the guide. The proposed rule
adds the requirement that guided parties must travel together and not
be separated by more than one third of mile from the first snowmobile
in the group in order to ensure groups stay together.
Section 7.13(l)(10) Are there limits established for the numbers of
snowmobiles and snowcoaches permitted to operate in the park each day?
The proposed rule allows varying numbers of snowmobiles and
snowcoaches in the park each day over the course of the winter use
season. There are four different levels of use (all limits indicate the
maximum number of oversnow vehicles that could operate in the park at
any one time): Level A, up to 330 snowmobiles and up to 80 snowcoaches;
Level B, between 187 and 220 snowmobiles and between 48 and 50
snowcoaches; Level C, between 110 and 143 snowmobiles and 30
snowcoaches; and Level D, between 110 to 143 snowmobiles and 80
snowcoaches. Approximately one-half of the days would be at use level
A; approximately one-third of the days would be at use level B; and
approximately one-sixth of the days would be at use levels C or D. The
levels of use to be allowed for each day of the winter use season would
be according to a pre-set schedule that would be issued by the
Superintendent one full winter in advance (for example, by December 1,
2012 for the 2013-2014 winter season). The Superintendent may vary the
schedule annually based on factors including visitor use and experience
and adaptive management considerations. The NPS expects to issue new
concessions contracts for combined snowmobile and snowcoach guiding to
facilitate the implementation of this section. For those limits that
are set as ranges, flexibility is provided to accommodate different
opening and closing dates of entrances.
Section 7.13(l)(11) How will I know when I can operate a snowmobile or
snowcoach in the park?
The proposed rule would not change the methods the Superintendent
would use to determine operating hours and dates. In the past the, the
Superintendent has set the opening and closing hours at 7 a.m. and 9
p.m. respectively. Early and late entries were granted on a case-by-
case basis. The proposed rule allows the Superintendent to manage
operating
[[Page 39054]]
hours, dates and use levels with public notice provided through one or
more methods listed in 36 CFR 1.7(a). These methods could include
signs, maps, public notices, or other publications. Except for
emergency situations, any changes to operating hours, dates and use
levels will be made on an annual basis. Initially the Superintendent
intends to set the operating hours as 6 a.m. to 9 p.m. with no early
entries or late exits allowed except for emergencies. In addition, all
OSVs would be required to enter the park by 10:30 a.m. This will assist
in meeting soundscape goals to provide longer periods free of oversnow
vehicle sounds.
Section 7.13(l)(12) What other conditions apply to the operation of
oversnow vehicles?
The proposed rule includes requirements regarding the operation of
oversnow vehicles in the park, such as driver's license and
registration requirements, operating procedures, requirements for
headlights, brakes and other safety equipment, length of idling time,
towing of sleds, and other requirements related to safety and resource
impacts. No changes are being proposed from the previous regulations.
Section 7.13(l)(13) What conditions apply to alcohol use while
operating an oversnow vehicle?
The proposed rule does not change the conditions applicable to the
use of alcohol while operating oversnow vehicles. Although the
regulations in 36 CFR 4.23 apply to oversnow vehicles, a provision was
included in the 2004 regulations to address the issues of under-age
drinking while operating a snowmobile and snowcoach operators or
snowmobile guides operating under the influence while performing
services for others. Many states have adopted similar alcohol standards
for under-age operators and commercial drivers, and the NPS feels it is
necessary to specifically include these regulations to help mitigate
potential safety concerns.
The alcohol level for minors (anyone under the age of 21) is set at
.02 Blood Alcohol Content (BAC). Although the NPS endorses ``zero
tolerance,'' a very low BAC is established to avoid a chance of a false
reading. Mothers Against Drunk Driving and many other organizations
have endorsed such a general enforcement posture and the NPS agrees
that under-age drinking and driving, particularly in a harsh winter
environment, should not be allowed.
In the case of snowcoach operators or snowmobile guides, a low BAC
limit is also necessary. Persons operating a snowcoach are likely to be
carrying 8 or more passengers in a vehicle with tracks or skis that is
more challenging to operate than a wheeled vehicle, and on oversnow
routes that can present significant hazards, especially if the driver
has impaired judgment. Similarly, persons guiding others on a
snowmobile have put themselves in a position of responsibility for the
safety of other visitors and for minimizing impacts to park wildlife
and other resources. Should the guide's judgment be impaired, hazards
such as wildlife on the road or snow-obscured features could endanger
all members of the group in an unforgiving climate. For these reasons,
the proposed rule would continue to require that all guides be held to
a stricter than normal standard for alcohol consumption. Therefore, the
proposed rule continues a BAC limit of .04 for snowcoach operators and
snowmobile guides. This is consistent with federal and state rules
pertaining to BAC thresholds for someone with a commercial driver's
license.
Section 7.13(l)(14) Do other NPS regulations apply to the use of
oversnow vehicles?
The proposed rule does not change the applicability of other NPS
regulations concerning oversnow vehicle use. Relevant portions of 36
CFR 2.18, including Sec. 2.18(c), have been incorporated within these
proposed regulations. Some portions of 36 CFR 2.18 and 2.19 are
superseded by these proposed regulations, which govern maximum
operating decibels, operating hours, and operator age in this park
only. In addition, 36 CFR 2.18(b) would not apply in Yellowstone. The
proposed rule also supersedes 36 CFR 2.19(b) in that it prohibits the
towing of persons on skis, sleds, or other sliding devices by motor
vehicle or snowmobile, except in emergency situations. Towing people,
especially children, is a potential safety hazard and health risk due
to road conditions, traffic volumes, and direct exposure to snowmobile
emissions. This rule does not affect supply sleds attached by a rigid
device or hitch pulled directly behind snowmobiles or other oversnow
vehicles as long as no person or animal is hauled on them. Other
provisions of 36 CFR Chapter I continue to apply to the operation of
oversnow vehicles unless specifically excluded here.
Section 7.13(l)(15) Are there any forms of non-motorized oversnow
transportation allowed in the park?
Non-motorized travel consisting of skiing, skating, snowshoeing,
and walking is generally permitted. The park has specifically
prohibited dog sledding and ski-joring (the practice of a skier being
pulled by dogs, a horse, or a vehicle) to prevent disturbance or
harassment to wildlife and for visitor safety. These restrictions have
been in place for several years and would be reaffirmed under these
regulations. In addition, the park has carefully reviewed new proposals
to allow use of ``snowbikes'' (bicycles that have been modified to
allow travel on packed snow routes). In past winter plans and
regulations, the NPS has prohibited snowbikes. In earlier reviews, the
NPS believed the addition of snowbikes on the groomed oversnow routes
had the potential to create conflicts with snowmobile and snowcoach
groups, as well as with crosscountry skiers, snowshoers and walkers who
are currently allowed on the oversnow routes. The NPS concluded that
safety issues could develop with this type of use. For example,
snowbikes depend on packed, groomed surfaces. Heavy snow falls and
rapidly warming conditions have the potential to create conditions in
which travel by snowbikes is impossible after they have already
travelled miles into the park. In this planning process, new requests
were made to authorize snowbikes. The NPS has reviewed these requests
and past analysis, and this proposed rule would continue the ban on use
of snowbikes.
Section 7.13(l)(16) May I operate a snowplane in Yellowstone National
Park?
Snowplanes are not allowed to be used in Yellowstone National Park.
Section 7.13(l)(17) Is violating any of the provisions of this section
prohibited?
Violating any of the terms, conditions or requirements of
paragraphs (l)(1) through (l)(16) of this section is prohibited.
Summary of Economic Analysis
Introduction
The NPS conducted an economic analysis of the different regulatory
alternatives for a winter use plan in Yellowstone National Park (see
RTI International, ``Economic Analysis of Winter Use Regulations in
Yellowstone National Park,'' 2011). That analysis is summarized here.
In that analysis, the definition of ``baseline'' is critical since all
costs and benefits associated with the different alternatives are
calculated incrementally from the baseline. According to OMB Circular
A-4, baseline describes the conditions that would exist if the proposed
regulatory action is not implemented. Alternative 1
[[Page 39055]]
represents those baseline conditions. This is referred to as ``Baseline
1'' in the economic analysis report. The 2009 interim regulation
expired in March 2011 at the close of the 2010/2011 winter season.
Therefore, no regulation is currently in place to permit OSV use by
visitors. If no action is taken, administrative OSV use will continue
as needed, as described under Alternative 1, but there would be no
commercial or visitor use of snowmobiles or snowcoaches. Under this
definition of baseline, the analysis presents the incremental costs and
benefits of Alternatives 2 though 7 as compared to Baseline 1. However,
since this definition of baseline reflects a situation that has never
actually occurred, another definition of baseline that reflects the
recent conditions actually experienced by the public might be useful to
understand the impacts of the alternatives. Alternative 2 represents
this other baseline. This is referred to as Baseline 2 in the economic
analysis report. Under Baseline 2, OSV use would continue at levels
described in the 2009 interim regulation--up to 318 snowmobiles and up
to 78 snowcoaches per day. Therefore, under this definition of
baseline, the analysis presents the incremental costs and benefits of
Alternatives 1 and 3 through 7 as compared to the Baseline 2.
The other alternatives include Alternatives 3 through 7. Under
Alternative 3, permitted OSV use would return to the 2004 plan limits--
up to 720 snowmobiles and 78 snowcoaches per day. Under Alternative 4,
no more than 100 commercial wheeled vehicles such as buses (North and
West Entrances), 110 snowmobiles and 30 snowcoaches (South Entrance)
would have access to the park. The East Entrance would be closed to
through travel for OSVs, but remain open for non-motorized use. Under
Alternative 5, access to the park would eventually be by Best Available
Technology (BAT) snowcoaches only. This would be accomplished by
phasing out snowmobiles beginning in the 2014/2015 winter season.
Snowcoaches would replace snowmobiles within a five-year period (at the
park's discretion or depending on coach user demand). Under Alternative
6, OSV levels would vary by creating times and places for higher and
lower levels of use, with 32,000 snowmobiles and 4,600 snowcoaches
permitted each winter season. Daily snowmobile entries could vary
between none and 540, and snowcoaches could vary between none and 78.
Snowmobile trips would be mostly guided, with up to 25 percent of
snowmobile use unguided or non-commercially guided. Finally, under
Alternative 7, which is the preferred alternative, four different daily
limits for OSV use would be established. Snowmobile limits would range
from 110 to 330 per day for a maximum of 23,122 for the season.
Snowcoach limits would range from 30 to 80 per day for a maximum of
5,730 for the season. These alternatives are more fully described in
the DEIS, available at https://parkplanning.nps.gov/yell.
The purpose for estimating these benefits and costs is to examine
the extent to which each action alternative addresses the need for the
proposed regulation. This regulation is needed to correct certain
``market failures'' associated with winter use in the park. A market
failure occurs when park resources and uses are not allocated in an
economically efficient manner. For winter use in the park, market
failures can occur as a result of ``externalities.'' An externality
exists when the actions of some individuals impose uncompensated
impacts on others. For example, snowmobile users, and to a lesser
extent, snowcoach users, impose costs on other park visitors in the
form of noise, air pollution, congestion, and health and safety risks.
Because these costs are not compensated, both types of users have
little or no incentive to adjust their behavior accordingly. The
proposed regulation is needed to correct this situation.
The quantitative results of this analysis are summarized below. It
is important to note that this analysis could not account for all costs
or benefits due to limitations in available data. For example, the
costs associated with adverse impacts to park resources such as
wildlife, and with law enforcement incidents are not reflected in the
quantified net benefits presented in this summary. It is also important
to note that this analysis addresses the economic efficiency
implications of the different action alternatives and not their
distributive equity (i.e., it does not identify the sectors or groups
on which the majority of impacts fall). Therefore, additional
explanation is required when interpreting the quantitative results of
this analysis. An explanation of the selection of the preferred
alternative is presented following the summary of quantified benefits
and costs.
Quantified Benefits and Costs Under Baseline 1
This section summarizes the economic analysis relative to Baseline
1. Costs refer to costs to society (or losses in social welfare) while
benefits refer to benefits for society (or gains in social welfare).
The analysis of costs and benefits critically depends on estimates of
visitation for the different user groups. While significant information
is available from past visitation records and visitor surveys, a degree
of uncertainty exists about how these visitation levels might change in
the future under the six action alternatives. In this analysis, a
modeling approach was used to characterize uncertainty and to estimate
expected levels of visitation. That approach involves specifying
probability distributions of key visitation parameters, and then
sampling from those distributions in order to estimate visitation
levels. By taking multiple samples, measures of central tendency for
visitation can be calculated that reflect the uncertainty in the
available data. This analysis used 1,000 samples, which were adequate
to calculate expected levels of visitation. Those expected visitation
levels were then used to estimate the benefits and costs described
below for the six action alternatives.
Alternative 4 has the highest level of quantified net benefits
(benefits minus costs). That is because this alternative would result
in the largest increase in overall visitation due to its inclusion of
commercial bus trips. That increased visitation would primarily benefit
visitors that access the parks by wheeled vehicles such as buses, and
the businesses that serve them, including restaurants, gas stations,
and hotels.
The next highest net benefits are for Alternatives 5 and 7. The
largest benefits under Alternative 5 start in the 2018/2019 winter
season, when the transition to snowcoach-only is expected to be
complete--other visitors gain high benefits from being in the park
without snowmobiles. Alternative 7 allows guided snowmobile tours and
imposes varying daily caps on snowmobiles and snowcoaches throughout
the season to create days when crowding will be very low. Alternative 6
has the lowest net benefits, in part because higher crowding lowers the
value of all trips. These net benefit levels over the ten-year analysis
period for winter seasons 2011/2012 through 2020/2021 are presented in
Table 1 for all action alternatives. Table 2 presents quantified net
benefits per year for the same analysis period.
[[Page 39056]]
Table 1--Total Present Value of Quantified Net Benefits Relative to
Baseline 1, Yellowstone National Park, 2011/2012 Through 2020/2021
------------------------------------------------------------------------
Total present
value of
quantified net
benefits \a\
------------------------------------------------------------------------
Alternative 2:
Discounted at 3% \b\................................ $50,188,000
Discounted at 7% \b\................................ 41,451,000
Alternative 3:
Discounted at 3% \b\................................ 55,466,000
Discounted at 7% \b\................................ 45,468,000
Alternative 4:
Discounted at 3% \b\................................ 184,377,000
Discounted at 7% \b\................................ 151,569,000
Alternative 5:
Discounted at 3% \b\................................ 107,975,000
Discounted at 7% \b\................................ 85,015,000
Alternative 6:
Discounted at 3% \b\................................ -874,000
Discounted at 7% \b\................................ -451,000
Alternative 7:
Discounted at 3% \b\................................ 78,132,000
Discounted at 7% \b\................................ 64,531,000
------------------------------------------------------------------------
\a\ Expressed in 2010 dollars.
\b\ Office of Management and Budget Circular A-4 recommends a 7%
discount rate in general, and a 3% discount rate when analyzing
impacts to private consumption.
Source: Table 3-12, RTI International (2011).
Table 2--Quantified Net Benefits per Year Relative to Baseline 1,
Yellowstone National Park, 2011/2012 Through 2020/2021
------------------------------------------------------------------------
Quantified net
benefits per
year \a\
------------------------------------------------------------------------
Alternative 2:
Discounted at 3% \b\................................ $5,884,000
Discounted at 7% \b\................................ 5,902,000
Alternative 3:
Discounted at 3% \b\................................ 6,502,000
Discounted at 7% \b\................................ 6,474,000
Alternative 4:
Discounted at 3% \b\................................ 21,615,000
Discounted at 7% \b\................................ 21,580,000
Alternative 5:
Discounted at 3% \b\................................ 12,658,000
Discounted at 7% \b\................................ 12,104,000
Alternative 6:
Discounted at 3% \b\................................ -102,000
Discounted at 7% \b\................................ -64,000
Alternative 7:
Discounted at 3% \b\................................ 9,159,000
Discounted at 7% \b\................................ 9,188,000
------------------------------------------------------------------------
\a\ This is the total present value of quantified net benefits reported
in Table 1 amortized over the ten-year analysis timeframe at the
indicated discount rate.
\b\ Office of Management and Budget Circular A-4 recommends a 7%
discount rate in general, and a 3% discount rate when analyzing
impacts to private consumption.
Source: Table 3-13, RTI International (2011).
Not included in these quantified net benefit estimates are the
costs of meeting EPA model year 2010 air emission requirements. These
requirements could involve replacing engine and/or emission control
systems so that the vehicles are in compliance, or purchasing 2010 or
newer model year vehicles. Snowcoaches would also need to meet a sound
emission requirement that is similar to the snowmobile sound emission
requirement. Under all action alternatives except Alternative 4,
between 78 and 80 snowcoaches per day would be allowed to operate in
the park. Given the composition of the existing snowcoach fleet, NPS
estimated that the cost to bring 80 snowcoaches into compliance with
these requirements would be approximately $5,090,000. This cost would
be less for Alternative 4 since only 30 snowcoaches per day would be
allowed into the park.
Quantified Benefits and Costs Under Baseline 2
This section summarizes the economic analysis relative to Baseline
2. Costs and benefits in this analysis are calculated using the same
methods described for the analysis using Baseline 1. However in this
analysis, the incremental costs and benefits of Alternatives 1 and 3
through 7 are calculated relative to Baseline 2.
Under this scenario, Alternative 4 generates the highest quantified
net benefits. Alternative 5 generates the second highest net benefits,
due in large part to the gains to snowcoach passengers and other
visitors starting in the 2018/2019 winter season when the transition to
snowcoach-only is expected to be complete. Alternative 7 generates the
third highest level of quantified net benefits. These net benefit
levels over the ten-year analysis period for winter seasons 2011/2012
through 2020/2021 are presented in Table 3 for all action alternatives.
Table 4 presents quantified net benefits per year for the same analysis
period.
Table 3--Total Present Value of Quantified Net Benefits Relative to
Baseline 2, Yellowstone National Park, 2011/2012 Through 2020/2021
------------------------------------------------------------------------
Total present
value of
quantified net
benefits \a\
------------------------------------------------------------------------
Alternative 1:
Discounted at 3% \b\................................ -$50,188,000
Discounted at 7% \b\................................ -41,451,000
Alternative 3:
Discounted at 3% \b\................................ 5,278,000
Discounted at 7% \b\................................ 4,017,000
Alternative 4:
Discounted at 3% \b\................................ 134,190,000
Discounted at 7% \b\................................ 110,118,000
Alternative 5:
Discounted at 3% \b\................................ 57,787,000
Discounted at 7% \b\................................ 43,564,000
Alternative 6:
Discounted at 3% \b\................................ -51,062,000
Discounted at 7% \b\................................ -41,902,000
Alternative 7:
Discounted at 3% \b\................................ 27,945,000
Discounted at 7% \b\................................ 23,080,000
------------------------------------------------------------------------
\a\ Expressed in 2010 dollars.
\b\ Office of Management and Budget Circular A-4 recommends a 7%
discount rate in general, and a 3% discount rate when analyzing
impacts to private consumption.
Source: Table 4-2, RTI International (2011).
Table 4--Quantified Net Benefits per Year Relative to Baseline 2,
Yellowstone National Park, 2011/2012 Through 2020/2021
------------------------------------------------------------------------
Quantified net
benefits per
year \a\
------------------------------------------------------------------------
Alternative 1:
Discounted at 3% \b\................................ -$5,884,000
Discounted at 7% \b\................................ -5,902,000
Alternative 3:
Discounted at 3% \b\................................ 619,000
Discounted at 7% \b\................................ 572,000
Alternative 4:
Discounted at 3% \b\................................ 15,731,000
Discounted at 7% \b\................................ 15,678,000
Alternative 5:
Discounted at 3% \b\................................ 6,774,000
Discounted at 7% \b\................................ 6,203,000
Alternative 6:
Discounted at 3% \b\................................ -5,986,000
Discounted at 7% \b\................................ -5,966,000
Alternative 7:
Discounted at 3% \b\................................ 3,276,000
Discounted at 7% \b\................................ 3,286,000
------------------------------------------------------------------------
\a\ This is the t