Special Regulations; Areas of the National Park System, Yellowstone National Park, 73919-73923 [2012-29911]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
modification of an existing regulated
navigation area. This rule is
categorically excluded from further
review under, paragraph 34(g) of figure
2–1 of the Commandant Instruction. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–1130 to read as
follows:
■
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§ 165.T01–1130 Regulated Navigation
Area; S99 Alford Street Bridge rehabilitation
project, Mystic River, MA
(a) Location. The following area is a
Regulated Navigation Area (RNA): All
navigable waters of the Mystic River
between Boston and Chelsea, MA, from
surface to bottom, within 100 yards of
any point on the S99 Alford Street
Bridge.
(b) Regulations. (1) The general
regulations contained in 33 CFR 165.10,
165.11, and 165.13 apply in addition to
those provisions outlined below.
(2) In accordance with the general
regulations, entry into or movement
within this zone, during periods of
enforcement, is prohibited unless
authorized by Captain of the Port
(COTP) Sector Boston.
(3) All persons and vessels must
comply with all directions given to
them by the COTP Sector Boston or the
on-scene representative. The ‘‘on-scene
representative’’ of the COTP is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the COTP to act on the COTP’s
behalf. The on-scene representative may
be on a Coast Guard vessel or other
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designated craft, or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. Members
of the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Notwithstanding any other
provisions in this regulation, the
movement of official, emergency vessels
within the regulated area is permitted
provided that the contractor is notified
in order to remove potential hazards or
obstructions.
(6) All other relevant regulations,
including but not limited to the Rules of
the Road (33 CFR subchapter E, Inland
Navigational Rules) remain in effect
within the regulated area and must be
strictly followed at all times.
(c) Enforcement period. (1) This
regulated navigation area is enforceable
24 hours a day from 11:59 p.m. on
November 30, 2012 through December
31, 2014.
(2) The COTP Sector Boston will
cause notice of enforcement, suspension
of enforcement, or closure of the
waterway to be made by all appropriate
means to achieve the widest distribution
among the affected segments of the
public. Such means of notification may
include but are not limited to Broadcast
Notice to Mariners, Local Notice to
Mariners and Marine Safety Information
Bulletins. Such notification will include
the date and time that enforcement is
suspended as well as the date and time
that enforcement will resume.
(3) Report violations of this regulated
navigation area to the COTP Sector
Boston, at (617) 223–5757 or on VHFChannel 16.
Dated: November 29, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2012–30005 Filed 12–11–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–YELL–11802; PPWONRADE2,
PMP00EI05.YP0000]
36 CFR Part 7
RIN 1024–AE10
Special Regulations; Areas of the
National Park System, Yellowstone
National Park
AGENCY:
PO 00000
National Park Service, Interior.
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ACTION:
73919
Final rule.
This rule implements the
amended 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 2012–2013 winter season. The
rule retains, for one additional year, the
regulation and management framework
that have been in place for the past three
winter seasons (2009–2010, 2010–2011,
and 2011–2012). 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; requires snowmobiles and
snowcoaches in Yellowstone to be
accompanied by a commercial guide;
sets daily entry limits on the numbers
of snowmobiles (up to 318) and
snowcoaches (up to 78) that may enter
the park; and prohibits traveling off
designated oversnow routes.
DATES: This rule is effective December
15, 2012.
FOR FURTHER INFORMATION CONTACT:
Wade Vagias, Management Assistant’s
Office, Headquarters Building,
Yellowstone National Park, 307–344–
2035.
SUMMARY:
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 on the park’s Web site,
https://www.nps.gov/yell/parkmgmt/
timeline.htm. The park has most
recently operated under a temporary
one-year rule (76 FR 77131). That rule
extended for one winter season the daily
entry limits and operational
requirements for snowmobiles and
snowcoaches adopted by the 2009
interim plan, which had been in effect
for the prior two winter seasons, but the
authorizations of snowmobile and
snowcoach use expired by their own
terms on March 15, 2012.
On July 5, 2011, the NPS published a
proposed long-term rule to implement
the preferred alternative identified in
the Draft Winter Use Plan/
Environmental Impact Statement (DEIS)
(76 FR 39048). Under that alternative,
the NPS proposed providing four
different use-level combinations for
snowmobiles and snowcoaches, which
would vary according to a seasonal
schedule. The NPS had intended to
issue a record of decision and finalize
a long-term rule for Yellowstone winter
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use by December 2011. However, some
of the more than 59,000 public
comments received on the DEIS raised
reasonable questions as to long-term
management strategies and
environmental impacts, and the NPS
decided to delay implementation of a
long-term rule in order to prepare a
Supplemental Environmental Impact
Statement (SEIS) further analyzing the
impacts of winter use under various
long-term management options.
Accordingly, in its December 2011
Record of Decision (ROD) (76 FR
77249), the NPS announced its decision
to select and implement Alternative 8 in
the Final Environmental Impact
Statement (FEIS). Alternative 8
extended for one additional winter
season—the 2011–2012 season—the
daily entry limits and operating
requirements of the 2009 rule, which
allowed up to 318 commercially guided,
best available technology snowmobiles
and 78 commercially guided
snowcoaches in the park per day, as
well as authorizing a variety of nonmotorized uses. The DEIS and FEIS
contained and analyzed an alternative—
identified as Alternative 2—
implementing those limits and
operating requirements indefinitely into
the future. On December 12, 2011, the
NPS published a final rule to implement
Alternative 8 (76 FR 77131). The NPS
believed that the additional time
afforded by a new one-season rule
would allow it to complete the SEIS,
decide on a long-term plan for managing
winter use, and promulgate a new longterm rule before the beginning of the
2012–2013 winter season.
On June 29, 2012, the NPS released
the Draft SEIS and published a Notice
of Availability in the Federal Register
(77 FR 38824). Public comment on the
Draft SEIS closed on August 20, 2012.
The response from the public and
stakeholders was robust. A majority of
the substantive comments addressed the
proposal in the Draft SEIS’s preferred
alternative to manage snowmobiles and
snowcoaches by a new concept known
as ‘‘transportation events.’’ Numerous
commenters requested additional time
to consider this new management
concept and to respond substantively to
it. Accordingly, the NPS decided to
reopen public comment on the Draft
SEIS for an additional 30 days. Mindful
of the short amount of time left before
the opening of the 2012–2013 winter
season on December 15, 2012, and
desiring to take the time necessary to
make a reasoned long-term decision on
winter use, the NPS decided to amend
the December 2011 ROD to authorize
extending the most recent winter use
management framework for an
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additional year. The NPS is
promulgating this new rule to extend for
one additional winter season the 2011–
2012 daily entry limits and operating
requirements. The NPS intends to
complete the Draft SEIS, make a
decision on a plan for long-term winter
use, and issue a new long-term
regulation for winter use before the
2013–2014 winter season.
Analysis of Public Comments
The public comment period was open
from September 4, 2012 to October 4,
2012. Comments were accepted through
the mail, hand delivery, and through the
Federal eRulemaking Portal: https://
www.regulations.gov. The NPS received
33 comments. Most of the comments
focused on the analysis in the Draft SEIS
and addressed issues related to longterm management. The NPS will
consider these comments regarding
long-term issues as it works on the SEIS
and new rule for the long-term winter
use plan. A summary of comments and
the NPS responses is provided below.
1. Comment: Several comments did
not support extending the 2011–2012
daily entry limits and operating
requirements for the 2012–2013 winter
season, and instead favored
implementation of Alternative 4 in the
Draft SEIS.
NPS Response: As described above,
the NPS decided to extend the 2011–
2012 requirements for one additional
season to ensure that the public would
have additional time to consider the
new management concept in the Draft
SEIS and to allow the NPS to make a
reasoned long-term decision on winter
use at Yellowstone National Park.
2. Comment: One commenter stated
that all regulation of snowmobile use in
the park should be removed.
NPS Response: In the 2011 FEIS, the
NPS considered but dismissed an
alternative that would have removed
limits on snowmobile use in the park,
due to the fact that unmanaged use
could result in impairment to park
resources and values.
3. Comment: Several commenters
stated that the rule should be revised to
allow fewer snowmobiles and
snowcoaches.
NPS Response: In the 2011 ROD, the
NPS determined that use of
snowmobiles and snowcoaches in the
park at the levels allowed in this rule is
appropriate. The data included in the
2011 FEIS demonstrates that allowing
318 snowmobiles and 78 snowcoaches
in the park per day results in only minor
to moderate impacts to park resources,
while allowing the public to experience
the park’s unique winter resources.
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4. Comment: Several commenters
suggested that the NPS alter the way it
tests emissions from snowmobiles and
snowcoaches.
NPS Response: The NPS may consider
altering the testing standards for
snowmobiles and snowcoaches as part
of the long-term rule. However, there is
not enough time to alter the testing
standards for this rule, which goes into
effect on December 15, 2012, and
applies to the 2012–2013 winter season
only.
5. Comment: Several commenters
suggested that the NPS ban the use of
snowmobiles and snowcoaches in the
park.
NPS Response: As part of the range of
alternatives analyzed in the SEIS, the
NPS is considering an alternative that
would eliminate motorized oversnow
vehicle use. This rule was promulgated
to allow the status quo that has
governed winter use for the past three
seasons while the NPS makes a longterm decision about motorized winter
use in the park.
6. Comment: Several commenters
suggested that the NPS allow only
snowcoaches in the park.
NPS Response: As part of the range of
alternatives analyzed in the SEIS, the
NPS is considering an alternative that
would prohibit snowmobiles and allow
only snowcoaches. This rule was
promulgated to allow the status quo that
has governed winter use for the past
three seasons while the NPS makes a
long-term decision about motorized
winter use in the park.
7. Comment: Several commenters
suggested that the NPS increase the
number of snowmobiles allowed in the
park.
NPS Response: As part of the range of
alternatives analyzed in the SEIS, the
NPS is considering an alternative that
would increase the number of
snowmobiles allowed in the park. This
rule was promulgated to allow the status
quo that has governed winter use for the
past three seasons while the NPS makes
a long-term decision about motorized
winter use in the park.
8. Comment: One commenter stated
that the NPS should restrict snowmobile
use to areas where people and wildlife
are not present.
NPS Response: Under this rule,
snowmobile and snowcoach use is only
allowed on designated routes, which are
groomed over roads that are used in the
summer and provide access from park
entrances to the interior of the park.
There are many additional areas and
trails that are open to visitors in the
park where snowmobile and snowcoach
use is not allowed.
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9. Comment: One commenter stated
that the NPS should impose snowcoach
weight limitations that would ban
Bombardiers.
NPS Response: The NPS may consider
imposing additional restrictions on
snowcoaches as part of the long-term
rule. This rule was promulgated to
allow the status quo that has governed
winter use for the past three seasons
while the NPS makes a long-term
decision about motorized winter use in
the park.
10. Comment: One commenter stated
that unguided snowmobile use should
be allowed.
NPS Response: The NPS believes that
requiring all snowmobile and
snowcoach trips to be guided reduces
law enforcement incidents and
accidents, and offers the best
opportunity for achieving goals of
protecting park resources and allowing
balanced use of the park. The guiding
requirement has proven effective at
keeping groups under the speed limits,
staying on the groomed road surfaces,
reducing conflicts with wildlife, and
ensuring other appropriate behavior for
visitors to safely and responsibly visit
the park.
Section by Section Analysis
The NPS is revising § 7.13 paragraphs
(l)(3)(ii) and (l)(4)(vi) and the
introductory text of paragraphs (l)(7)(i)
and (l)(8)(i) by replacing the terms ‘‘the
winter season of 2011–2012’’ and ‘‘the
winter of 2011–2012’’ with the terms
‘‘the winter season of 2012–2013’’ and
‘‘the winter of 2012–2013.’’ These are
the only changes to the existing
regulations.
Compliance With Other Laws and
Executive Orders
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Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs will review all significant rules.
The Office of Information and
Regulatory Affairs has determined that
this rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
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Regulatory Flexibility Act (RFA)
This rule will not have a significant
economic effect on a substantial number
of small entities under the RFA (5
U.S.C. 601 et seq.).
The 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, the 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
three winter seasons. Under Baseline 2,
there would be a zero net change
between the past three years and the
actions being implemented under this
rule, because the rule extends the
management framework in place the
past three 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). The
NPS has reviewed the economic
analysis contained in that report and
has concluded that it still is relevant
and that its results would apply to the
additional year.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
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objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
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.
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73921
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 section 2 of
Executive Order 12630, this 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 section 1 of
Executive Order 13132, this 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.
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 and Department
Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian tribes and that
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Rules and Regulations
consultation under the Department’s
tribal consultation policy is not
required. 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 any new
collection of information that requires
approval by the Office of Management
and Budget (OMB) under the PRA of
1995 (44 U.S.C. 3501 et seq.). OMB has
approved the collection requirement
associated with Commercial Services
and has assigned OMB control number
1024–0125 (expires 03/31/2013). An
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
National Environmental Policy Act
(NEPA)
This winter use plan and rule
constitute a major Federal action with
the potential to significantly affect the
quality of the human environment. The
NPS prepared the 2011 FEIS under the
National Environmental Policy Act of
1969. The NPS has reexamined the
analyses contained in the 2011 FEIS, as
well as new data from the 2011–2012
winter season, and has amended the
December 2011 ROD (76 FR 77249) to
authorize extending the most recent
winter use management framework for
an additional year. The 2011 FEIS is
available for review at https://
parkplanning.nps.gov/yell by clicking
on the link entitled ‘‘Winter Use Plan/
EIS’’ and then clicking on the link
entitled ‘‘Document List.’’
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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, 2012, for the
following reasons:
(1) A 30-day public comment period
was open from September 4, 2012,
through October 4, 2012, on the
proposed rule, during which the NPS
stated its intent to implement this
winter use plan during the 2012–2013
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winter season as an additional transition
year. The NPS has received voluminous
public comment on previous
rulemaking efforts regarding winter use
of the park, including efforts in 2000,
2003, 2004, 2007, 2008, and 2011. Those
rulemaking efforts addressed many of
the same issues as are addressed in this
rulemaking, which simply extends
existing rules that have been in place for
the previous three winter seasons.
(2) The rule implements the winter
use plan for Yellowstone National Park
and allows snowmobile and snowcoach
use that otherwise would be prohibited.
(3) Since at least December 2011 the
NPS has in good faith publicly stated
that the 2012–2013 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 three years.
(5) Many persons planning to visit the
park have already made travel plans in
anticipation of the park being open for
snowmobile and snowcoach use, such
as reserving time off from work, booking
airfares and hotel accommodations,
making reservations for snowmobile or
snowcoach tours, and the like. The
Christmas-New Year period is one of the
most heavily visited times of the winter
season. If the park does not open as
scheduled on December 15, 2012, it
would create unnecessary hardship for
visitors who have already planned trips,
and would likely result in economic
losses for some visitors if reservations
had to be cancelled. Significant revenue
loss for businesses in and around the
park would also occur. Many businesses
in the gateway communities
surrounding the park, and the people
who rely upon them for their
livelihoods, are highly dependent upon
the park being open for the entire
duration of the approximately 90-day
season.
(6) Snowmobile and snowcoach
operators have made business decisions
and investments for the winter season
premised on an opening date of
December 15, 2012. Such actions
include purchasing new snowmobiles
and snowcoaches for their fleets,
making offers of employment, preparing
advertising and other materials, and
purchasing snowmobile accessories
such as suits, helmets, boots, mittens,
etc. A late opening would shorten an
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already-brief winter season, thereby
depriving these businesses and others
that depend on the winter season (such
as hotels, restaurants, service stations,
and other hospitality-oriented
businesses) of revenue that is important
to their livelihoods.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and
recordkeeping requirements.
In consideration of the forgoing, the
NPS amends 36 CFR part 7 as set forth
below:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7
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 2012–2013.
*
*
*
*
*
(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 2012–2013.
*
*
*
*
*
(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 2012–2013:
*
*
*
*
*
(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
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oversnow routes through the winter of
2012–2013:
*
*
*
*
*
Dated: December 5, 2012.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2012–29911 Filed 12–11–12; 8:45 am]
BILLING CODE 4312–EJ–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0422; FRL–9759–7]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; The 2002 Base Year
Emissions Inventory for the Charleston
Nonattainment Area for the 1997 Fine
Particulate Matter National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the fine
particulate matter (PM2.5) 2002 base year
emissions inventory portion of the West
Virginia State Implementation Plan
(SIP) revision submitted by the State of
West Virginia, through the West
Virginia Department of Environmental
Protection (WVDEP), on November 4,
2009. The emissions inventory is part of
the November 4, 2009 SIP revision that
was submitted to meet nonattainment
requirements for the Charleston, West
Virginia nonattainment area (hereafter
referred to as the Charleston Area) for
the 1997 PM2.5 national ambient air
quality standard (NAAQS). EPA is
approving the 2002 base year PM2.5
emissions inventory in accordance with
the requirements of the Clean Air Act
(CAA).
emcdonald on DSK67QTVN1PROD with
SUMMARY:
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 2, 2012 (77 FR 60094),
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia for the Charleston Area. The
NPR proposed approval of the PM2.5
2002 base year emissions inventory
portion of the West Virginia SIP revision
for the Charleston Area. The formal SIP
revision was submitted by the State of
West Virginia on November 4, 2009.
II. Summary of SIP Revision
The PM2.5 2002 base year emissions
inventory submitted by WVDEP on
November 4, 2009 for the Charleston
Area includes emissions estimates that
cover the general source categories of
point sources, non-road mobile sources,
area sources, on-road mobile sources,
and biogenic sources. The pollutants
that comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse
particles (PM10), ammonia (NH3) and
sulfur dioxide (SO2). WVDEP selected
the year 2002 as the base year for the
emissions inventory per 40 CFR
51.1008(b). A discussion of the
emissions inventory development as
well as the emissions inventory for the
Charleston Area can be found in
Appendices C and D of the November 4,
DATES: This final rule is effective on
2009 SIP submittal.
January 11, 2013.
EPA has reviewed the results,
procedures and methodologies for the
ADDRESSES: EPA has established a
base year emissions inventory submitted
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0422. All by WVDEP. EPA’s evaluation can be
found in the Technical Support
documents in the docket are listed in
Document dated August 12, 2010,
the www.regulations.gov Web site.
Although listed in the electronic docket, available online at www.regulations.gov,
Docket No. EPA–R03–OAR–2012–0422.
some information is not publicly
EPA found that the process used to
available, i.e., confidential business
develop this emissions inventory for the
information (CBI) or other information
whose disclosure is restricted by statute. Charleston Area is adequate to meet the
requirements of CAA section 172(c)(3),
Certain other material, such as
the implementing regulations, and EPA
copyrighted material, is not placed on
guidance for emission inventories.
the Internet and will be publicly
Specific requirements of the base year
available only in hard copy form.
inventory and the rationale for EPA’s
Publicly available docket materials are
action are explained in the NPR and
available either electronically through
VerDate Mar<15>2010
15:22 Dec 11, 2012
Jkt 229001
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
73923
will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving the 2002 base year
PM2.5 emissions inventory for the
Charleston Area as a revision to the
West Virginia SIP.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
E:\FR\FM\12DER1.SGM
12DER1
Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Rules and Regulations]
[Pages 73919-73923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29911]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-YELL-11802; PPWONRADE2, PMP00EI05.YP0000]
36 CFR Part 7
RIN 1024-AE10
Special Regulations; Areas of the National Park System,
Yellowstone National Park
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements the amended 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 2012-2013 winter season. The rule retains, for one
additional year, the regulation and management framework that have been
in place for the past three winter seasons (2009-2010, 2010-2011, and
2011-2012). 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; requires snowmobiles
and snowcoaches in Yellowstone to be accompanied by a commercial guide;
sets daily entry limits on the numbers of snowmobiles (up to 318) and
snowcoaches (up to 78) that may enter the park; and prohibits traveling
off designated oversnow routes.
DATES: This rule is effective December 15, 2012.
FOR FURTHER INFORMATION CONTACT: Wade Vagias, Management Assistant's
Office, Headquarters Building, Yellowstone National Park, 307-344-2035.
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
on the park's Web site, https://www.nps.gov/yell/parkmgmt/timeline.htm.
The park has most recently operated under a temporary one-year rule (76
FR 77131). That rule extended for one winter season the daily entry
limits and operational requirements for snowmobiles and snowcoaches
adopted by the 2009 interim plan, which had been in effect for the
prior two winter seasons, but the authorizations of snowmobile and
snowcoach use expired by their own terms on March 15, 2012.
On July 5, 2011, the NPS published a proposed long-term rule to
implement the preferred alternative identified in the Draft Winter Use
Plan/Environmental Impact Statement (DEIS) (76 FR 39048). Under that
alternative, the NPS proposed providing four different use-level
combinations for snowmobiles and snowcoaches, which would vary
according to a seasonal schedule. The NPS had intended to issue a
record of decision and finalize a long-term rule for Yellowstone winter
[[Page 73920]]
use by December 2011. However, some of the more than 59,000 public
comments received on the DEIS raised reasonable questions as to long-
term management strategies and environmental impacts, and the NPS
decided to delay implementation of a long-term rule in order to prepare
a Supplemental Environmental Impact Statement (SEIS) further analyzing
the impacts of winter use under various long-term management options.
Accordingly, in its December 2011 Record of Decision (ROD) (76 FR
77249), the NPS announced its decision to select and implement
Alternative 8 in the Final Environmental Impact Statement (FEIS).
Alternative 8 extended for one additional winter season--the 2011-2012
season--the daily entry limits and operating requirements of the 2009
rule, which allowed up to 318 commercially guided, best available
technology snowmobiles and 78 commercially guided snowcoaches in the
park per day, as well as authorizing a variety of non-motorized uses.
The DEIS and FEIS contained and analyzed an alternative--identified as
Alternative 2--implementing those limits and operating requirements
indefinitely into the future. On December 12, 2011, the NPS published a
final rule to implement Alternative 8 (76 FR 77131). The NPS believed
that the additional time afforded by a new one-season rule would allow
it to complete the SEIS, decide on a long-term plan for managing winter
use, and promulgate a new long-term rule before the beginning of the
2012-2013 winter season.
On June 29, 2012, the NPS released the Draft SEIS and published a
Notice of Availability in the Federal Register (77 FR 38824). Public
comment on the Draft SEIS closed on August 20, 2012. The response from
the public and stakeholders was robust. A majority of the substantive
comments addressed the proposal in the Draft SEIS's preferred
alternative to manage snowmobiles and snowcoaches by a new concept
known as ``transportation events.'' Numerous commenters requested
additional time to consider this new management concept and to respond
substantively to it. Accordingly, the NPS decided to reopen public
comment on the Draft SEIS for an additional 30 days. Mindful of the
short amount of time left before the opening of the 2012-2013 winter
season on December 15, 2012, and desiring to take the time necessary to
make a reasoned long-term decision on winter use, the NPS decided to
amend the December 2011 ROD to authorize extending the most recent
winter use management framework for an additional year. The NPS is
promulgating this new rule to extend for one additional winter season
the 2011-2012 daily entry limits and operating requirements. The NPS
intends to complete the Draft SEIS, make a decision on a plan for long-
term winter use, and issue a new long-term regulation for winter use
before the 2013-2014 winter season.
Analysis of Public Comments
The public comment period was open from September 4, 2012 to
October 4, 2012. Comments were accepted through the mail, hand
delivery, and through the Federal eRulemaking Portal: https://www.regulations.gov. The NPS received 33 comments. Most of the comments
focused on the analysis in the Draft SEIS and addressed issues related
to long-term management. The NPS will consider these comments regarding
long-term issues as it works on the SEIS and new rule for the long-term
winter use plan. A summary of comments and the NPS responses is
provided below.
1. Comment: Several comments did not support extending the 2011-
2012 daily entry limits and operating requirements for the 2012-2013
winter season, and instead favored implementation of Alternative 4 in
the Draft SEIS.
NPS Response: As described above, the NPS decided to extend the
2011-2012 requirements for one additional season to ensure that the
public would have additional time to consider the new management
concept in the Draft SEIS and to allow the NPS to make a reasoned long-
term decision on winter use at Yellowstone National Park.
2. Comment: One commenter stated that all regulation of snowmobile
use in the park should be removed.
NPS Response: In the 2011 FEIS, the NPS considered but dismissed an
alternative that would have removed limits on snowmobile use in the
park, due to the fact that unmanaged use could result in impairment to
park resources and values.
3. Comment: Several commenters stated that the rule should be
revised to allow fewer snowmobiles and snowcoaches.
NPS Response: In the 2011 ROD, the NPS determined that use of
snowmobiles and snowcoaches in the park at the levels allowed in this
rule is appropriate. The data included in the 2011 FEIS demonstrates
that allowing 318 snowmobiles and 78 snowcoaches in the park per day
results in only minor to moderate impacts to park resources, while
allowing the public to experience the park's unique winter resources.
4. Comment: Several commenters suggested that the NPS alter the way
it tests emissions from snowmobiles and snowcoaches.
NPS Response: The NPS may consider altering the testing standards
for snowmobiles and snowcoaches as part of the long-term rule. However,
there is not enough time to alter the testing standards for this rule,
which goes into effect on December 15, 2012, and applies to the 2012-
2013 winter season only.
5. Comment: Several commenters suggested that the NPS ban the use
of snowmobiles and snowcoaches in the park.
NPS Response: As part of the range of alternatives analyzed in the
SEIS, the NPS is considering an alternative that would eliminate
motorized oversnow vehicle use. This rule was promulgated to allow the
status quo that has governed winter use for the past three seasons
while the NPS makes a long-term decision about motorized winter use in
the park.
6. Comment: Several commenters suggested that the NPS allow only
snowcoaches in the park.
NPS Response: As part of the range of alternatives analyzed in the
SEIS, the NPS is considering an alternative that would prohibit
snowmobiles and allow only snowcoaches. This rule was promulgated to
allow the status quo that has governed winter use for the past three
seasons while the NPS makes a long-term decision about motorized winter
use in the park.
7. Comment: Several commenters suggested that the NPS increase the
number of snowmobiles allowed in the park.
NPS Response: As part of the range of alternatives analyzed in the
SEIS, the NPS is considering an alternative that would increase the
number of snowmobiles allowed in the park. This rule was promulgated to
allow the status quo that has governed winter use for the past three
seasons while the NPS makes a long-term decision about motorized winter
use in the park.
8. Comment: One commenter stated that the NPS should restrict
snowmobile use to areas where people and wildlife are not present.
NPS Response: Under this rule, snowmobile and snowcoach use is only
allowed on designated routes, which are groomed over roads that are
used in the summer and provide access from park entrances to the
interior of the park. There are many additional areas and trails that
are open to visitors in the park where snowmobile and snowcoach use is
not allowed.
[[Page 73921]]
9. Comment: One commenter stated that the NPS should impose
snowcoach weight limitations that would ban Bombardiers.
NPS Response: The NPS may consider imposing additional restrictions
on snowcoaches as part of the long-term rule. This rule was promulgated
to allow the status quo that has governed winter use for the past three
seasons while the NPS makes a long-term decision about motorized winter
use in the park.
10. Comment: One commenter stated that unguided snowmobile use
should be allowed.
NPS Response: The NPS believes that requiring all snowmobile and
snowcoach trips to be guided reduces law enforcement incidents and
accidents, and offers the best opportunity for achieving goals of
protecting park resources and allowing balanced use of the park. The
guiding requirement has proven effective at keeping groups under the
speed limits, staying on the groomed road surfaces, reducing conflicts
with wildlife, and ensuring other appropriate behavior for visitors to
safely and responsibly visit the park.
Section by Section Analysis
The NPS is revising Sec. 7.13 paragraphs (l)(3)(ii) and (l)(4)(vi)
and the introductory text of paragraphs (l)(7)(i) and (l)(8)(i) by
replacing the terms ``the winter season of 2011-2012'' and ``the winter
of 2011-2012'' with the terms ``the winter season of 2012-2013'' and
``the winter of 2012-2013.'' These are the only changes to the existing
regulations.
Compliance With Other Laws and Executive Orders
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs will review all significant rules. The Office of
Information and Regulatory Affairs has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act (RFA)
This rule will not have a significant economic effect on a
substantial number of small entities under the RFA (5 U.S.C. 601 et
seq.).
The 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, the 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 three winter seasons. Under Baseline
2, there would be a zero net change between the past three years and
the actions being implemented under this rule, because the rule extends
the management framework in place the past three 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). The NPS has
reviewed the economic analysis contained in that report and has
concluded that it still is relevant and that its results would apply to
the additional year.
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 section 2 of Executive Order 12630, this 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 section 1 of Executive Order 13132, this 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.
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 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
[[Page 73922]]
consultation under the Department's tribal consultation policy is not
required. 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 any new collection of information that
requires approval by the Office of Management and Budget (OMB) under
the PRA of 1995 (44 U.S.C. 3501 et seq.). OMB has approved the
collection requirement associated with Commercial Services and has
assigned OMB control number 1024-0125 (expires 03/31/2013). An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act (NEPA)
This winter use plan and rule constitute a major Federal action
with the potential to significantly affect the quality of the human
environment. The NPS prepared the 2011 FEIS under the National
Environmental Policy Act of 1969. The NPS has reexamined the analyses
contained in the 2011 FEIS, as well as new data from the 2011-2012
winter season, and has amended the December 2011 ROD (76 FR 77249) to
authorize extending the most recent winter use management framework for
an additional year. The 2011 FEIS is available for review at https://parkplanning.nps.gov/yell by clicking on the link entitled ``Winter Use
Plan/EIS'' and then clicking on the link entitled ``Document List.''
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, 2012, for the following reasons:
(1) A 30-day public comment period was open from September 4, 2012,
through October 4, 2012, on the proposed rule, during which the NPS
stated its intent to implement this winter use plan during the 2012-
2013 winter season as an additional transition year. The NPS has
received voluminous public comment on previous rulemaking efforts
regarding winter use of the park, including efforts in 2000, 2003,
2004, 2007, 2008, and 2011. Those rulemaking efforts addressed many of
the same issues as are addressed in this rulemaking, which simply
extends existing rules that have been in place for the previous three
winter seasons.
(2) The rule implements the winter use plan for Yellowstone
National Park and allows snowmobile and snowcoach use that otherwise
would be prohibited.
(3) Since at least December 2011 the NPS has in good faith publicly
stated that the 2012-2013 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
three years.
(5) Many persons planning to visit the park have already made
travel plans in anticipation of the park being open for snowmobile and
snowcoach use, such as reserving time off from work, booking airfares
and hotel accommodations, making reservations for snowmobile or
snowcoach tours, and the like. The Christmas-New Year period is one of
the most heavily visited times of the winter season. If the park does
not open as scheduled on December 15, 2012, it would create unnecessary
hardship for visitors who have already planned trips, and would likely
result in economic losses for some visitors if reservations had to be
cancelled. Significant revenue loss for businesses in and around the
park would also occur. Many businesses in the gateway communities
surrounding the park, and the people who rely upon them for their
livelihoods, are highly dependent upon the park being open for the
entire duration of the approximately 90-day season.
(6) Snowmobile and snowcoach operators have made business decisions
and investments for the winter season premised on an opening date of
December 15, 2012. Such actions include purchasing new snowmobiles and
snowcoaches for their fleets, making offers of employment, preparing
advertising and other materials, and purchasing snowmobile accessories
such as suits, helmets, boots, mittens, etc. A late opening would
shorten an already-brief winter season, thereby depriving these
businesses and others that depend on the winter season (such as hotels,
restaurants, service stations, and other hospitality-oriented
businesses) of revenue that is important to their livelihoods.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and recordkeeping requirements.
In consideration of the forgoing, the NPS amends 36 CFR part 7 as
set forth below:
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 2012-2013.
* * * * *
(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 2012-2013.
* * * * *
(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 2012-2013:
* * * * *
(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
[[Page 73923]]
oversnow routes through the winter of 2012-2013:
* * * * *
Dated: December 5, 2012.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-29911 Filed 12-11-12; 8:45 am]
BILLING CODE 4312-EJ-P