[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Proposed Rules]
[Pages 54633-54636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26454]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC34
Grand Teton National Park and John D. Rockefeller, Jr. Memorial
Parkway; Snowmobile and Snowplane Routes and Regulations
AGENCY: National Park Service, Interior.
ACTION: Proposed rule
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SUMMARY: The National Park Service (NPS) proposes to change the special
regulations relating to the use, and designated routes for snowmobiles
and snowplanes within Grand Teton National Park and John D.
Rockefeller, Jr. Memorial Parkway. The proposed rule change will more
clearly define the use of snowmobiles, snowplanes, and designated
routes. This rule change would allow for the closure of the Potholes--
Baseline Flats area to snowmobiles at the discretion of the
Superintendent and establish the special regulation allowing snowmobile
use on the Continental Divide Snowmobile Trail (CDST). The proposed
rule change will also establish a requirement for operators of
snowmobiles within Grand Teton National Park to have a valid State
driver's license or learner's permit.
DATES: Written comments will be accepted through December 26, 1995.
ADDRESSES: Comments should be addressed to: Jack Neckels,
Superintendent, Grand Teton National Park, P.O. Box 170, Moose, Wyoming
83012.
FOR FURTHER INFORMATION CONTACT: Colin W. Campbell, Chief Ranger, Grand
Teton National Park, Moose, Wyoming 83012, Telephone: 307-739-3472.
SUPPLEMENTARY INFORMATION:
Background
The Winter Use Plan of 1990 authorized the Continental Divide
Snowmobile Trail (CDST) within the road prism from the east entrance of
Grand Teton National Park through John D. Rockefeller, Jr. Parkway to
the south entrance of Yellowstone National Park. In 1993, a joint task
force of the two national parks developed and approved a Visitor Use
Management Work Plan for implementing the Winter Use Plan. One major
action item, the CDST, required promulgation of a special regulation
prior to full implementation.
The proposed trail through Grand Teton National Park and the
Parkway would link the existing completed CDST in the State of Wyoming
with the snowmobile trail network in Yellowstone National Park.
Currently, the only incomplete portion of the CDST between State lands
and Yellowstone occurs within Grand Teton National Park. Snowmobile
users must transport their machines from the east boundary of Grand
Teton National Park to the south gate of Yellowstone National Park
through the John D. Rockefeller Memorial Parkway. By designating the
proposed trail, CDST users will have a continuous trail system for
travel through State land as well as a trail linking Grand Teton with
Yellowstone.
Furthermore the proposed CDST rule will likely affect snowmobile
use within the area known as the Potholes--Baseline Flats area. This
area is proposed wilderness and currently designated as an area open
for snowmobiling. With the successful completion and opening of the
CDST within Grand Teton National Park, the proposed rule will give the
Superintendent the discretion to close the Potholes--Baseline Flats
area to snowmobiling.
The proposed rule provides for a licensing requirement, in
accordance with State law, for operators to provide for safer operation
of snowmobiles within the Park.
This rule change will more clearly define the use of snowmobiles
within Grand Teton National Park, and make snowmobiling on the CDST
consistent with the practices of both State and Federal agencies,
Forest Service and Fish and Wildlife Service, whose lands are
contiguous with Grand Teton National Park.
Section-by-Section Analysis
36 CFR 7.22 Grand Teton National Park
In November of 1990, a Winter Use Plan was completed for
Yellowstone and Grand Teton National Parks, and the John D.
Rockefeller, Jr. Memorial Parkway. The proposed changes to the
regulations implement components of the Plan that affect Grand Teton
National Park.
(g) Snowmobiles. (1) The wording was changed in this section to
differentiate snowmobiles from snowplanes, because the Winter Use Plan
eliminates snowplane use on designated routes open to snowmobiles, and
limits snowplane use to the frozen surface of Jackson Lake. Reference
to paragraph (g)(6) was deleted because no exception applies to that
paragraph.
(2)(i) The Spread Creek Road was deleted from the list of
designated routes open to snowmobiling. The Spread Creek Road is less
than 2 miles long, is adjacent to an area closed to all use in winter
to protect wintering wildlife, and does not connect to areas open to
snowmobiling on adjacent Forest Service lands. Other language in this
section was changed to open only the unplowed portion of the Teton Park
Road, and to give the Superintendent the discretion to close the
Potholes-Baseline Flats areas to snowmobiles. The Lizard Creek
Campground Road was deleted as a designated route, because it has been
largely unused, and it lacks adequate trailhead parking space.
Sufficient alternative access to Jackson Lake is provided at Signal
Mountain and Colter Bay.
(2)(ii) This paragraph was added to allow the use of snowmobiles
within Grand Teton National Park along the State proposed CDST. This
trail follows existing roads in Grand Teton National Park and is
consistent with NPS policy that states that snowmobiles are allowed
only on designated routes. Traffic lanes along this route will continue
to be plowed for cars and trucks, and snowmobiles will be permitted on
a groomed trail adjacent to the traffic lanes. Connections from the
trail to other snow roads (i.e., the unplowed portion of the Teton Park
Road) are also permitted in the Winter Use Plan. The trail and
connections to the trail will use the width of the existing roadway
(ditches, cut slopes, fill slopes and other areas disturbed by road
construction) immediately adjacent to the plowed vehicular traffic
lanes.
(2)(iii) This language was added to permit snowmobiles to cross the
highway only at designated points, in order to make connections to rest
stops, fuel, meals, lodging and other related visitor services; to
permit snowmobiles to use portions of highway bridges where it is
difficult or environmentally improper to use alternate routes; to
permit snowmobile travel within parking and staging areas; and to
connect to and/or travel within developed areas in a regulated manner.
(2)(iv) This language was added to permit private property owners
to access their properties. Use of oversnow vehicles will be restricted
to travel over unplowed roads, during winter months.
[[Page 54634]]
Access to private property had not been addressed in previous
regulations. Some roads that accessed private property were open to the
general public as well, and were designated on maps, but not included
in the existing regulation.
(2)(v) This language was added and retains the designated open area
known as the Potholes area. This is included to give the Superintendent
the discretion to open or close the Potholes area.
(2)(vi) This language was moved from (g)(4) of the current
regulation.
(3) 36 CFR 2.19 prohibits other winter activities such as skiing,
snowshoeing, ice skating, sledding, etc., on Park roads and parking
areas open to motor vehicle traffic. That prohibition does not extend
specifically to routes open to snowmobiling. In the interests of public
safety, those activities should be prohibited on the CDST, but do not
need to be prohibited on all routes open to snowmobile use. Therefore,
those activities are restricted only on the designated route described
in paragraph (g)(2)(ii), which is the CDST.
(4) This language was added to address parking areas and procedures
for snowplanes.
(5) More stringent noise level standards were established for newly
registered snowplanes. Permits issued for snowplanes registered for the
first time after the Winter Use Plan was approved (November 1990) will
require that snowplanes meet snowmobile noise standards, currently 78
decibels on the ``A'' weighted scale. Snowplanes registered prior to
the plan's approval must meet the noise standards established by
previous regulations. Noise standards for snowmobiles are defined in 36
CFR 2.18(d)(1).
(6) The Winter Use Plan calls for lowering the speed limits during
winter months along the highway adjacent to the CDST. The regulation of
both the speed limits of wheeled vehicles and snowmobiles will be
critical for the safe operation of the trail. This paragraph
establishes speed limits that are the same for snowmobiles as for
wheeled vehicles. Snowmobile speed limits greater than those for
wheeled vehicles during other seasons will not be permitted. No special
speed limits will be set for snowplanes or snowmobiles on Jackson Lake.
Changing surface features of the lake in the winter tend to establish
self-regulating limits on speed for safe travel.
(7) This regulation was added to increase the margin of safety for
snowmobile users. The CDST will have a groomed width of 10-12 feet,
with some short stretches only eight feet wide where roadside
constraints dictate a reduced width. Travel will be in both directions.
For safe travel, it is imperative that snowmobiles remain on the right
side of the roadway.
(8) This paragraph was added to give the Superintendent the
authority to closely regulate and manage snowmobile use so as to ensure
full protection of natural resources and to provide for the utmost in
visitor safety. For example, it may be necessary to close the CDST
during hours of darkness to provide the opportunity for safe snow
removal on adjacent traffic lanes and groom the trail. For the safety
of snowmobilers, it may be necessary to close the trail during periods
of low visibility created by blowing snow. For protection of the
resources, the trail must remain closed until sufficient snow cover is
in place to permit non-destructive use.
(9) This paragraph was added to give the superintendent greater
ability to assure competent operation of snowmobiles within the
Parkway. With the ever increasing complexity and performance levels of
modern snow machines, and with considerations for the safety of all
Park visitors, operators of snowmobiles will be required to have a
valid State driver's license or learner's permit as prescribed by the
conditions of the issuing State.
36 CFR 7.21 John D. Rockefeller Jr. Memorial Parkway
In November of 1990, a Winter Use Plan was completed for the John
D. Rockefeller, Jr. Memorial Parkway. The proposed changes to
regulations for the Parkway are to accommodate components of the Winter
Use Plan that affect the Parkway.
(a)(1) The definition of a snowplane was deleted. Under the Winter
Use Plan, snowplanes that were previously permitted, are now excluded
on designated routes in the Parkway. Snowmobiles are defined in
Sec. 1.4. The wording ``except as otherwise distinguished in paragraph
(a)(5)'' was deleted, as there was not a paragraph (a)(5) in the
existing regulation, and the wording does not apply to the new
paragraph (a)(5) now added.
(a)(1) Designated routes to be open to snowmobile use: (i) The road
that connects Flagg Ranch to Ashton, Idaho, has several names in common
usage, including the Flagg-Ashton Road, the Grassy Lake Road, and the
Reclamation Road. The name change in the regulations will coincide with
names currently in use on USGS maps, NPS signs, and with what is most
common usage. (ii) This language was added to permit snowmobiles to
cross the highway only at designated points, in order to make
connections to rest stops, fuel, meals, lodging and related visitor
services; to permit snowmobiles to use portions of highway bridges
where it is difficult or environmentally damaging to use alternate
routes; to permit snowmobile travel within developed areas in a
regulated manner.
(iii) This language was added to permit snowmobile use along the
CDST, a major component of the Winter Use Plan. That trail will follow
the route of US Highway 89-287 between the south boundary of the
Parkway and Flagg Ranch. The trail will use the width of the existing
roadway (ditches, cut slopes, fill slopes, and other areas disturbed by
road construction) and will be immediately adjacent to the northbound
plowed vehicle lane.
(2) 36 CFR 2.19 prohibits other winter activities such as skiing,
snowshoeing, ice skating, sledding, etc., on Park roads and parking
areas open to motor vehicle traffic. That prohibition does not extend
specifically to routes open to snowmobiles. In the interests of public
safety, those activities should be prohibited on the CDST, but they do
not need to be prohibited on all routes open to snowmobile use. Those
activities are only restricted in paragraph (a)(1)(iii), which is the
designated route for the CDST.
(3) The Winter Use Plan calls for the lowering of speed limits
during the winter months along the highway adjacent to the CDST. The
regulation of the speed limits for both wheeled vehicles and
snowmobiles will be critical to the safe use of the trail. Likewise,
lowered speed limits will be needed in areas shared by snowmobiles and
wheeled vehicles such as parking lots and staging areas. In general,
speed limits for snowmobiles will not be greater than is presently
posted for wheeled vehicles during other seasons. The original wording
of this paragraph, that prohibited the operation of a snowmobile that
makes excessive noise, was deleted, because that provision is redundant
to Sec. 2.18(d)(1).
(4) This regulation was added to increase the margin of safety for
snowmobile users. The CDST will have a groomed width of 10-12 feet,
with some short stretches only eight feet wide where roadside
constraints dictate a reduced width. Travel will be in both directions.
For safe travel, it is imperative that snowmobiles remain on the right
side of the route.
(5) This paragraph was added to give the Superintendent the
authority to manage snowmobile use so as to ensure full protection of
natural resources and to provide the utmost in visitor safety. For
example, it may be necessary to close the CDST during hours of
[[Page 54635]]
darkness to provide the opportunity for safe snow removal on adjacent
traffic lanes and to groom the trail. For the safety of snowmobilers,
it may be necessary to close the trail during periods of low visibility
created by blowing snow. For protection of the resources, the trail
must remain closed until sufficient snow cover is in place to permit
non-destructive use.
(6) This paragraph was added to give the Superintendent greater
ability to assure competent operation of snowmobiles within the
Parkway. With the ever increasing complexity and performance levels of
modern machines, and with considerations for the safety of all Park
visitors, operators of snowmobiles will be required to have a valid
State driver's license or learner's permit as prescribed by the
conditions of the issuing State.
Public Participation
The policy of the National Park Service is, whenever practicable,
to afford the public an opportunity to participate in the rule making
process. Accordingly, interested persons may submit written comments
regarding this proposed rule to the address listed above. The Grand
Teton National Park staff will also be placing public notices in local
newspapers.
Drafting Information
The primary authors of this proposed rule are Colin W. Campbell,
Chief Ranger and Donald G. Coelho, former North District Ranger of
Grand Teton National Park.
Paperwork Reduction Act
This rulemaking does not contain information collection
requirements that require approval by the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior has
determined that this document will not have a significant economic
effect on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
The National Park Service has determined that this proposed
rulemaking will not have a significant effect on the quality of the
human environment, health and safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area causing physical damage to it;
(b) Introduce non-compliance uses which might compromise the nature
and characteristics of the area, or cause physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based upon this determination, the proposed rule is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) by Departmental regulations in 516 DM 6, (49 FR
21438). As such, neither an Environmental Assessment nor an
Environmental Impact Statement has been prepared.
List of Subjects in 36 CFR Part 7
National parks; Reporting and recordkeeping requirements.
In consideration of the foregoing, it is proposed to amend 36 CFR
Chapter I as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
2. Section 7.22(g) is revised to read as follows:
Sec. 7.22 Grand Teton National Park.
* * * * *
(g) Snowmobiles. (1) Snowmobiles, as defined in Sec. 1.4, are
distinguished from ``snowplanes'', that are self-propelled vehicles
intended for over-the-snow travel, having a curb weight of not more
than 1000 pounds (450 kilograms), mounted on skis in contact with the
snow, and driven by a pusher-propeller.
(2) Designated routes to be open to snowmobile use:
(i) The unplowed portion of the Pacific Creek Road; the unplowed
portion of the Ditch Creek Road; the Lost Creek Ranch Road (for
administrative purposes only), those portions of the unplowed roads
connecting with the Shadow (Antelope) Mountain Forest Service Road at
Cunningham Cabin, Lost Creek Road and the Forest Service access road at
Schwering Studio; the unplowed portions of the Moose-Wilson Road; the
unplowed portions of the Teton Park Road north of Taggart trailhead
parking to Signal Mountain Lodge, the Jenny Lake Loop Road, the String
Lake Picnic Area Road, the Signal Mountain Summit Road, the Signal
Mountain Launch Ramp Road and the Spaulding Bay Road.
(ii) Within the right-of-way, immediately adjacent to the westbound
or northbound traffic lane, but not upon the plowed portion of Highway
26-89-287, between the east Park boundary and the north Park boundary,
except that at the junction of 89-287, commonly known as Jackson Lake
Junction, the route will cross to the west side of the southbound lane
of highway; continue along the west side for north or southbound
traffic; connecting with an old roadway surface at Willow Flats,
deviate from established right-of-way and be routed under Christian
Creek bridge; back to the right-of-way, immediately adjacent to the
westbound or northbound traffic lane; and within the right-of-way,
immediately adjacent to the southbound traffic lane, but not upon the
plowed portion of the Teton Park Road, between the junction with
Highway 89-287, and the unplowed portion of the Teton Park Road of
Signal Mountain.
(iii) Marked or posted highway crossings; on highway bridges where
no separate snowmobile bridge is in place; within designated vehicle
parking and snowmobile staging areas; and within or connecting to
developed areas where routes will be designated by appropriate snow
poles or signs.
(iv) Those unplowed roads that provide access to private property
within the exterior boundaries of the Park area, pursuant to the terms
and conditions of a permit issued only to owners of such private
property.
(v) Designated area open to snowmobile use: The Potholes--Baseline
Flats area east of the Teton Park Road north of Cottonwood Creek, north
of the Bar BC access road, east of Timbered Island as marked to the
Teton Park Road and bounded on the north by the RKO Road. Opening and
closing of the Potholes area is at the discretion of the
Superintendent, based in part on snow depth, snow conditions, weather,
and other routes open within the Park. At the discretion of the
Superintendent the Potholes area may be closed during any given year.
(vi) Designated water surface open to oversnow use: The frozen
surface of Jackson Lake is open to both snowmobile and snowplane use.
(3) Notwithstanding the definition of a vehicle as set forth in
Sec. 1.4 of this chapter, the provisions of Sec. 2.19 apply to
paragraph (g)(2)(ii) of this section.
(4) Parking for snowplanes will be designated by permit and
confined to certain areas. Parking snowplanes in non-designated areas
or without a permit is prohibited.
(5) The operation of a snowplane that makes excessive noise is
prohibited.
[[Page 54636]]
Excessive noise is defined as noise that exceeds 78 decibels.
Measurements are made on the ``A'' weighted scale by a sound level
meter, measured at a distance of not less than 50 feet when the
snowplane is being operated at full throttle. Except, that snowplanes
registered and operated in the Park for the 1970-1971 season need not
meet any noise level standards, and snowplanes registered and operated
in the Park prior to the 1991-1992 season may produce up to 86
decibels.
(6) The maximum speed limit for snowmobiles will be the same as is
posted for vehicles on the adjacent roadway, or as is posted for areas
shared by vehicles and snowmobiles, or as is posted for wheeled
vehicles during other seasons. Operating a snowmobile at a speed in
excess of the posted speed limit is prohibited.
(7) On designated routes open to snowmobile use, snowmobiles shall
travel on the right side of the route, except to overtake and pass.
Failure to drive on the right side of the route is prohibited.
(8) The Superintendent shall determine the opening and closing
hours and dates for use of designated snowmobile or snowplane routes
and areas, taking into consideration the location of wintering
wildlife, available snow cover, road and trail maintenance
requirements, and other factors that may relate to public safety and
resource protection.
(9) A valid State driver's license or learner's permit is required
to operate a snowmobile within Grand Teton National Park. Operating a
snowmobile without a valid State driver's license or learner's permit
is prohibited.
3. Section 7.21 is revised to read as follows:
Sec. 7.21 John D. Rockefeller, Jr. Memorial Parkway.
(a) Snowmobiles. (1) Designated routes to be open to snowmobile
use:
(i) The Grassy Lake Road between the west boundary of the Parkway
and the junction with Highway 89-287.
(ii) Marked and posted highway crossings; on highway bridges where
no separate snowmobile bridge is in place; within designated vehicle
parking and snowmobile staging areas; and within or connecting to
developed areas, where routes will be designated by appropriate snow
poles or signs.
(iii) Within the right-of-way, immediately adjacent to the
northbound traffic lane, but not upon the plowed portion of Highway 89-
287, between the south boundary of the Parkway and Flagg Ranch.
(2) Notwithstanding the definition of a vehicle as set forth in
Sec. 1.4 of this chapter, the provisions of Sec. 2.19 apply to
paragraph (a)(1)(iii) of this section.
(3) The maximum speed limit for snowmobiles will be the same as is
posted for vehicles on the adjacent roadway, or as is posted for areas
shared by vehicles and snowmobiles, or as is posted for wheeled
vehicles during other seasons. Operating a snowmobile at a speed in
excess of the posted speed limit is prohibited.
(4) On designated routes open to snowmobile use, snowmobiles shall
travel on the right side of the route, except to overtake and pass.
Failure to drive on the right side of the route is prohibited.
(5) The Superintendent shall determine the opening and closing
hours and dates for use of designated snowmobile routes, taking into
consideration the location of wintering wildlife, available snow cover,
road and trail maintenance requirements, and other factors that may
relate to public safety and resource protection.
(6) A valid State driver's license or learner's permit is required
to operate a snowmobile within the John D. Rockefeller, Jr., Memorial
Parkway. Operating a snowmobile without a valid State driver's license
or learner's permit is prohibited.
(b) [Reserved].
Dated: September 19, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-26454 Filed 10-24-95; 8:45 am]
BILLING CODE 4310-70-P