Special Regulations; Areas of the National Park System, Yellowstone National Park, 77131-77133 [2011-31781]
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations
K. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
L. Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR part 126 as follows:
PART 126—INSPECTION AND
CERTIFICATION
1. The authority citation for part 126
is revised to read as follows:
■
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3205, 3306, 3307, 3702, 14104; 46 U.S.C.
Chapter 701; Executive Order 11735, 38 FR
21243; 3 CFR 1971–1975 Comp., p. 793;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 126.225 to read as follows:
§ 126.225 Alternate tonnage for offshore
supply vessels seeking oil spill response
vessel certification.
An offshore supply vessel certificated
under this subchapter that is less than
500 gross register tons (GRT) as
measured under section 14502 of Title
46, United States Code, or 6,000 gross
tonnage (GT ITC) as measured under
section 14302 of Title 46, United States
Code when GRT is not assigned, may
also be certificated as an oil spill
response vessel.
Dated: December 5, 2011.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2011–31708 Filed 12–9–11; 8:45 am]
BILLING CODE 9110–04–P
mstockstill on DSK4VPTVN1PROD with RULES
M. Environment
DEPARTMENT OF THE INTERIOR
We have analyzed this interpretive
rule under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This interpretive rule is
categorically excluded under section
2.B.2, figure 2–1, paragraph (34)(d) of
the Instruction. Exclusion under
paragraph (34)(d) applies because this
interpretive rule pertains to regulations
concerning documentation and
admeasurement of vessels. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
National Park Service
List of Subjects in 46 CFR Part 126
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
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16:14 Dec 09, 2011
Jkt 226001
36 CFR Part 7
RIN 1024–AD92
Special Regulations; Areas of the
National Park System, Yellowstone
National Park
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule implements the
Record of Decision for the 2011 Winter
Use Plan/Environmental Impact
Statement and governs winter visitation
and certain recreational activities in
Yellowstone National Park for the 2011–
2012 winter season. The rule retains, for
one additional year, the regulations and
management framework that have been
in place for the past two winter seasons
(2009–2010 and 2010–2011).
Specifically, the rule retains provisions
that: require most recreational
snowmobiles operating in the park to
meet certain National Park Service air
and sound emissions requirements;
require snowmobiles and snowcoaches
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Fmt 4700
Sfmt 4700
77131
in Yellowstone to be accompanied by a
commercial guide; set daily entry limits
on the numbers of snowmobiles (up to
318) and snowcoaches (up to 78) that
may enter the park; and prohibit
traveling off designated oversnow
routes.
DATES: This rule is effective December
15, 2011.
FOR FURTHER INFORMATION CONTACT:
Steve Iobst, Deputy Superintendent,
Yellowstone National Park, (307) 344–
2002.
SUPPLEMENTARY INFORMATION:
Background
The National Park Service (NPS) has
managed 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 Environmental Impact
Statement (EIS), available at https://
parkplanning.nps.gov/yell. 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.
On July 5, 2011, NPS published a
proposed long-term regulation to
implement the preferred alternative
identified in the Draft EIS. Under that
alternative, NPS proposed providing
four different use-level combinations for
snowmobiles and snowcoaches, which
would vary according to a seasonal
schedule. Snowmobile use would have
ranged from 110 to 330 vehicles per day
and snowcoach use would have ranged
from 30 to 80 vehicles per day.
NPS had intended to issue a Final EIS
and final long-term regulation for
Yellowstone winter use by December
2011. However, some of the more than
59,000 public comments received on the
Draft EIS raised reasonable questions as
to long-term effects and options, and
NPS has decided to delay
implementation of a long-term rule. In
order to make a reasoned, sustainable
long-term decision, NPS requires
additional time to update its analyses.
In the Record of Decision for the 2011
EIS, NPS identified Alternative 8 as the
selected action to be implemented.
Under Alternative 8, the 2009 interim
regulation will remain in effect for one
additional year, the 2011–2012 winter
season. Accordingly, up to 318
commercially guided, best available
technology snowmobiles and 78
commercially guided snowcoaches will
be allowed in the park per day; a variety
of non-motorized uses will also be
allowed.
In the proposed rule (76 FR 39049),
NPS stated its intent to implement a
E:\FR\FM\12DER1.SGM
12DER1
77132
Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations
‘‘transition year’’ for the 2011–2012
winter season, under the same
requirements and restrictions as the
2009 interim regulation.
Implementation of the transition year
through this regulation will provide the
additional time needed to complete the
analyses of alternative long-term
management strategies. NPS intends to
complete a supplemental EIS, make a
decision on a plan for long-term winter
use, and issue a new regulation for
winter use before the 2012–2013 winter
season.
Additional information regarding
winter use at Yellowstone National Park
is available online at: https://
www.nps.gov/yell/parkmgmt/
participate.htm.
Analysis of Public Comments
The public comment period was open
from July 5, 2011, to September 6, 2011.
Comments were accepted through the
mail, hand delivery, and through the
Federal eRulemaking Portal: https://
www.regulations.gov. NPS received
approximately 165 timely comments.
All of the comments focused on the
analysis in the Draft EIS and addressed
issues related to long-term management,
except for one substantive comment
regarding what is being implemented
under this rule, the ‘‘transition year.’’
NPS will consider the comments
received regarding long-term issues as it
works on the supplemental EIS and a
new proposed and final rule for the
long-term winter use plan.
Comment Response
1. Comment: Under ‘‘Description of
Proposed Rule’’ it stated the ‘‘transition
year’’ would allow 38 snowcoaches per
day; it should have stated up to 78
snowcoaches would be allowed per day.
Response: NPS agrees that the number
38 was a typographic error (76 FR
39049), and notes that the correct
number, 78 snowcoaches, was printed
correctly in a different section on the
same page. During the one-year
implementation of this regulation, NPS
will allow up to 78 snowcoaches per
day into the park.
mstockstill on DSK4VPTVN1PROD with RULES
Section by Section Analysis
NPS is revising § 7.13 paragraphs
(l)(3)(ii), (l)(4)(vi), (l)(7)(i) and (l)(8)(i) by
replacing the terms ‘‘the winter season
of 2010–2011’’ and ‘‘the winter of 2010–
2011’’ with the terms ‘‘the winter season
of 2011–2012’’ and ‘‘the winter of 2011–
2012.’’ This is the only change to the
existing regulations.
VerDate Mar<15>2010
16:14 Dec 09, 2011
Jkt 226001
Compliance With Other Laws and
Executive Orders
Regulatory Planning and Review
(Executive Order 12866)
This document is not a significant
rule and the Office of Management and
Budget has not 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.
(2) This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency. This is an agency
specific rule.
(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.
(4) This rule does not raise novel legal
or policy issues. This rule only allows
for a one year extension of the previous
interim regulation.
Regulatory Flexibility Act (RFA)
The Department of the Interior
certifies that this document will not
have a significant economic effect on a
substantial number of small entities
under the RFA (5 U.S.C. 601 et seq.).
NPS used two separate baselines for
its regulatory flexibility analysis. If no
new rule were passed, Baseline 1 would
be defined by the no-action alternative
in the EIS. Under this baseline, no
motorized oversnow vehicles would be
allowed in the park. In addition, NPS
defined a second baseline, Baseline 2.
Baseline 2 represents the continuation
of the same levels of use allowed under
the 2009 interim regulation in place for
the past two winter seasons. Under
Baseline 2, there would be a zero net
change between the past two years and
the actions being implemented under
this rule, because the rule extends the
management framework in place the
past two winter seasons for one
additional year. A regulatory flexibility
analysis is included in the report titled
‘‘Economic Analysis of Winter Use
Regulations in Yellowstone National
Park’’ (RTI International, 2011).
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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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 rule 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. A
statement containing the information
required by the UMRA (2 U.S.C. 1531 et
seq.) is not required. The rule 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)
Under the criteria in Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism summary
impact statement. It addresses public
use of national park lands, and imposes
no requirements on other agencies or
governments. A Federalism summary
impact statement is not required.
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.
Consultation With Indian Tribes
(Executive Order 13175)
Under the criteria in Executive Order
13175 we have evaluated this rule and
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12DER1
Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations
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. Their major concern was to
reduce the adverse effects on wildlife by
snowmobiles. This rule does that
through implementation of the guiding
requirements and disbursement of
snowmobile use through the various
entrance stations.
commence on the traditional date of
December 15, and the public and
businesses have made decisions based
on the widespread public knowledge of
this customary opening date.
(4) There would be no benefit to the
public in delaying the effective date of
this rule, given that there has already
been substantial notice of the opening
date and that the park will be open
under conditions substantially similar
to those in effect for the past two years.
Paperwork Reduction Act (PRA)
This rule does not contain
information collection requirements and
a submission under the PRA is not
required.
Drafting Information
The primary authors of this regulation
are David Jacob, Environmental
Protection Specialist, National Park
Service, and Russel J. Wilson, Chief
Regulations and Special Park Uses,
National Park Service, Washington, DC.
National Environmental Policy Act
(NEPA)
This winter use plan and rule
constitute a major Federal action
significantly affecting the quality of the
human environment. NPS prepared a
2011 Winter Use Plan/Environmental
Impact Statement under the National
Environmental Policy Act of 1969. The
EIS is available for review at https://
parkplanning.nps.gov/yell.
mstockstill on DSK4VPTVN1PROD with RULES
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.
Administrative Procedure Act (Effective
Date)
The National Park Service recognizes
that under 5 U.S.C. 553(d) new rules
ordinarily go into effect thirty days after
publication in the Federal Register.
However, we have determined under 5
U.S.C. 553(d) and 318 DM 6.25 that
good cause exists for this rule to become
effective on December 15, 2011, for the
following reasons:
(1) A 60-day public comment period
was open from July 6, 2011, through
September 6, 2011, on the proposed
rule, which provided that NPS would
implement this winter use plan during
the winter 2011–2012 season as a
transition year. There was only one
public comment related to
implementing such a rule for the 2011–
2012 season and it simply noted a
clerical error in the number of
snowcoaches NPS will allow in the park
per day.
(2) The rule implements the winter
use plan for Yellowstone NP and allows
for snowmobile and snowcoach use that
otherwise would be prohibited.
(3) NPS intends and has publicly
stated that the 2011–2012 winter season
for Yellowstone National Park would
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18:14 Dec 09, 2011
Jkt 226001
List of Subjects in 36 CFR Part 7
National parks, Reporting and
recordkeeping requirements.
In consideration of the foregoing, the
National Park Service amends 36 CFR
part 7 as follows:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7
continues to read as follows:
■
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec.
7.96 also issued under 36 U.S.C. 501–511, DC
Code 10–137 (2001) and DC Code 50–2201
(2001).
2. In § 7.13 revise paragraphs (l)(3)(ii),
(l)(4)(vi), (l)(7)(i) introductory text, and
(l)(8)(i) introductory text to read as
follows:
■
§ 7.13
Yellowstone National Park.
*
*
*
*
*
(l) * * *
(3) * * *
(ii) The authority to operate a
snowmobile in Yellowstone National
Park established in paragraph (l)(3)(i) of
this section is in effect only through the
winter season of 2011–2012.
*
*
*
*
*
(4) * * *
(vi) The authority to operate a
snowcoach in Yellowstone National
Park established in paragraph (l)(4)(i) of
this section is in effect only through the
winter season of 2011–2012.
*
*
*
*
*
(7) * * *
(i) You may operate your snowmobile
only upon designated oversnow routes
established within the park in
accordance with § 2.18(c) of this
chapter. The following oversnow routes
are designated for snowmobile use
through the winter of 2011–2012:
*
*
*
*
*
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Fmt 4700
Sfmt 4700
77133
(8) * * *
(i) Authorized snowcoaches may be
operated on the routes designated for
snowmobile use in paragraphs
(l)(7)(i)(A) through (l)(7)(i)(O) of this
section. The restricted hours of
snowmobile use described in
paragraphs (1)(7)(i)(M) through
(1)(7)(i)(O) do not apply to
snowcoaches. Snowcoaches may also be
operated on the following additional
oversnow routes through the winter of
2011–2012:
*
*
*
*
*
Dated: December 6, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2011–31781 Filed 12–9–11; 8:45 am]
BILLING CODE 4312–CT–P
POSTAL SERVICE
39 CFR Part 111
Domestic Shipping Services Pricing
and Mailing Standards Changes
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®), to reflect changes to prices and
mailing standards for the following
Shipping Services: Express Mail®;
Priority Mail®; First-Class Package
ServiceTM; Parcel Select®; Parcel Return
Service; Mailer Services; and Recipient
Services.
DATES: Effective Date: January 22, 2012.
FOR FURTHER INFORMATION CONTACT: John
Gullo (202) 268–8057 or Garry
Rodriguez (202) 268–7281.
SUPPLEMENTARY INFORMATION: This final
rule describes new prices and product
features for Shipping Services, by class
of mail, established by the Governors of
the United States Postal Service®. New
prices are available under Docket
Number CP2012–2 on the Postal
Regulatory Commission’s Web site at
https://www.prc.gov, and are also located
on the Postal Explorer® Web site at
https://pe.usps.com.
Shipping Services changes are
identified by product as follows:
Express Mail
Postage Refunds
Current standards for Express Mail
postage refunds are revised to add
certain destinations where postage
refunds will not be available for money
back guarantee. The destinations
include Guam, American Samoa, the
E:\FR\FM\12DER1.SGM
12DER1
Agencies
[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Rules and Regulations]
[Pages 77131-77133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31781]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements the Record of Decision for the 2011
Winter Use Plan/Environmental Impact Statement and governs winter
visitation and certain recreational activities in Yellowstone National
Park for the 2011-2012 winter season. The rule retains, for one
additional year, the regulations and management framework that have
been in place for the past two winter seasons (2009-2010 and 2010-
2011). Specifically, the rule retains provisions that: require most
recreational snowmobiles operating in the park to meet certain National
Park Service air and sound emissions requirements; require snowmobiles
and snowcoaches in Yellowstone to be accompanied by a commercial guide;
set daily entry limits on the numbers of snowmobiles (up to 318) and
snowcoaches (up to 78) that may enter the park; and prohibit traveling
off designated oversnow routes.
DATES: This rule is effective December 15, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Iobst, Deputy Superintendent,
Yellowstone National Park, (307) 344-2002.
SUPPLEMENTARY INFORMATION:
Background
The National Park Service (NPS) has managed 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 Environmental Impact Statement
(EIS), available at https://parkplanning.nps.gov/yell. 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.
On July 5, 2011, NPS published a proposed long-term regulation to
implement the preferred alternative identified in the Draft EIS. Under
that alternative, NPS proposed providing four different use-level
combinations for snowmobiles and snowcoaches, which would vary
according to a seasonal schedule. Snowmobile use would have ranged from
110 to 330 vehicles per day and snowcoach use would have ranged from 30
to 80 vehicles per day.
NPS had intended to issue a Final EIS and final long-term
regulation for Yellowstone winter use by December 2011. However, some
of the more than 59,000 public comments received on the Draft EIS
raised reasonable questions as to long-term effects and options, and
NPS has decided to delay implementation of a long-term rule. In order
to make a reasoned, sustainable long-term decision, NPS requires
additional time to update its analyses.
In the Record of Decision for the 2011 EIS, NPS identified
Alternative 8 as the selected action to be implemented. Under
Alternative 8, the 2009 interim regulation will remain in effect for
one additional year, the 2011-2012 winter season. Accordingly, up to
318 commercially guided, best available technology snowmobiles and 78
commercially guided snowcoaches will be allowed in the park per day; a
variety of non-motorized uses will also be allowed.
In the proposed rule (76 FR 39049), NPS stated its intent to
implement a
[[Page 77132]]
``transition year'' for the 2011-2012 winter season, under the same
requirements and restrictions as the 2009 interim regulation.
Implementation of the transition year through this regulation will
provide the additional time needed to complete the analyses of
alternative long-term management strategies. NPS intends to complete a
supplemental EIS, make a decision on a plan for long-term winter use,
and issue a new regulation for winter use before the 2012-2013 winter
season.
Additional information regarding winter use at Yellowstone National
Park is available online at: https://www.nps.gov/yell/parkmgmt/participate.htm.
Analysis of Public Comments
The public comment period was open from July 5, 2011, to September
6, 2011. Comments were accepted through the mail, hand delivery, and
through the Federal eRulemaking Portal: https://www.regulations.gov. NPS
received approximately 165 timely comments. All of the comments focused
on the analysis in the Draft EIS and addressed issues related to long-
term management, except for one substantive comment regarding what is
being implemented under this rule, the ``transition year.'' NPS will
consider the comments received regarding long-term issues as it works
on the supplemental EIS and a new proposed and final rule for the long-
term winter use plan.
Comment Response
1. Comment: Under ``Description of Proposed Rule'' it stated the
``transition year'' would allow 38 snowcoaches per day; it should have
stated up to 78 snowcoaches would be allowed per day.
Response: NPS agrees that the number 38 was a typographic error (76
FR 39049), and notes that the correct number, 78 snowcoaches, was
printed correctly in a different section on the same page. During the
one-year implementation of this regulation, NPS will allow up to 78
snowcoaches per day into the park.
Section by Section Analysis
NPS is revising Sec. 7.13 paragraphs (l)(3)(ii), (l)(4)(vi),
(l)(7)(i) and (l)(8)(i) by replacing the terms ``the winter season of
2010-2011'' and ``the winter of 2010-2011'' with the terms ``the winter
season of 2011-2012'' and ``the winter of 2011-2012.'' This is the only
change to the existing regulations.
Compliance With Other Laws and Executive Orders
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and the Office of
Management and Budget has not 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.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. This is an
agency specific rule.
(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.
(4) This rule does not raise novel legal or policy issues. This
rule only allows for a one year extension of the previous interim
regulation.
Regulatory Flexibility Act (RFA)
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the RFA (5 U.S.C. 601 et seq.).
NPS used two separate baselines for its regulatory flexibility
analysis. If no new rule were passed, Baseline 1 would be defined by
the no-action alternative in the EIS. Under this baseline, no motorized
oversnow vehicles would be allowed in the park. In addition, NPS
defined a second baseline, Baseline 2. Baseline 2 represents the
continuation of the same levels of use allowed under the 2009 interim
regulation in place for the past two winter seasons. Under Baseline 2,
there would be a zero net change between the past two years and the
actions being implemented under this rule, because the rule extends the
management framework in place the past two winter seasons for one
additional year. A regulatory flexibility analysis is included in the
report titled ``Economic Analysis of Winter Use Regulations in
Yellowstone National Park'' (RTI International, 2011).
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
rule 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. A statement
containing the information required by the UMRA (2 U.S.C. 1531 et seq.)
is not required. The rule 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)
Under the criteria in Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism summary impact statement. It addresses public use of
national park lands, and imposes no requirements on other agencies or
governments. A Federalism summary impact statement is not required.
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.
Consultation With Indian Tribes (Executive Order 13175)
Under the criteria in Executive Order 13175 we have evaluated this
rule and
[[Page 77133]]
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. Their major
concern was to reduce the adverse effects on wildlife by snowmobiles.
This rule does that through implementation of the guiding requirements
and disbursement of snowmobile use through the various entrance
stations.
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. NPS
prepared a 2011 Winter Use Plan/Environmental Impact Statement under
the National Environmental Policy Act of 1969. The EIS is available for
review at https://parkplanning.nps.gov/yell.
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.
Administrative Procedure Act (Effective Date)
The National Park Service recognizes that under 5 U.S.C. 553(d) new
rules ordinarily go into effect thirty days after publication in the
Federal Register. However, we have determined under 5 U.S.C. 553(d) and
318 DM 6.25 that good cause exists for this rule to become effective on
December 15, 2011, for the following reasons:
(1) A 60-day public comment period was open from July 6, 2011,
through September 6, 2011, on the proposed rule, which provided that
NPS would implement this winter use plan during the winter 2011-2012
season as a transition year. There was only one public comment related
to implementing such a rule for the 2011-2012 season and it simply
noted a clerical error in the number of snowcoaches NPS will allow in
the park per day.
(2) The rule implements the winter use plan for Yellowstone NP and
allows for snowmobile and snowcoach use that otherwise would be
prohibited.
(3) NPS intends and has publicly stated that the 2011-2012 winter
season for Yellowstone National Park would commence on the traditional
date of December 15, and the public and businesses have made decisions
based on the widespread public knowledge of this customary opening
date.
(4) There would be no benefit to the public in delaying the
effective date of this rule, given that there has already been
substantial notice of the opening date and that the park will be open
under conditions substantially similar to those in effect for the past
two years.
Drafting Information
The primary authors of this regulation are David Jacob,
Environmental Protection Specialist, National Park Service, and Russel
J. Wilson, Chief Regulations and Special Park Uses, National Park
Service, Washington, DC.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service amends
36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code 50-2201
(2001).
0
2. In Sec. 7.13 revise paragraphs (l)(3)(ii), (l)(4)(vi), (l)(7)(i)
introductory text, and (l)(8)(i) introductory text to read as follows:
Sec. 7.13 Yellowstone National Park.
* * * * *
(l) * * *
(3) * * *
(ii) The authority to operate a snowmobile in Yellowstone National
Park established in paragraph (l)(3)(i) of this section is in effect
only through the winter season of 2011-2012.
* * * * *
(4) * * *
(vi) The authority to operate a snowcoach in Yellowstone National
Park established in paragraph (l)(4)(i) of this section is in effect
only through the winter season of 2011-2012.
* * * * *
(7) * * *
(i) You may operate your snowmobile only upon designated oversnow
routes established within the park in accordance with Sec. 2.18(c) of
this chapter. The following oversnow routes are designated for
snowmobile use through the winter of 2011-2012:
* * * * *
(8) * * *
(i) Authorized snowcoaches may be operated on the routes designated
for snowmobile use in paragraphs (l)(7)(i)(A) through (l)(7)(i)(O) of
this section. The restricted hours of snowmobile use described in
paragraphs (1)(7)(i)(M) through (1)(7)(i)(O) do not apply to
snowcoaches. Snowcoaches may also be operated on the following
additional oversnow routes through the winter of 2011-2012:
* * * * *
Dated: December 6, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-31781 Filed 12-9-11; 8:45 am]
BILLING CODE 4312-CT-P