[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Proposed Rules]
[Pages 41058-41060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19959]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC30


Badlands National Park, Commercial Vehicles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing this rule to 
exempt local commercial vehicle traffic on the 5.8 miles of park roads 
between the park's Northeast and Interior Entrances from the general 
prohibition on the use of NPS roads by commercial vehicles. The 
Superintendent will retain sufficient discretion: to require permits 
for local commercial vehicles traveling within or through the park; 
establish terms and conditions of such permits; and annually establish 
and adjust fees for such use based on current administrative costs. The 
proposed rule will prohibit the transportation of hazardous materials 
on all park roads, except in limited circumstances. The proposed rule 
will also prohibit certain oversize/overweight vehicles on all park 
roads, except in limited circumstances.

DATES: Written comments will be accepted through October 7, 1996.

ADDRESSES: Comments should be addressed to: Superintendent, Badlands 
National Park, P.O. Box 6, Interior, SD 57750.

FOR FURTHER INFORMATION CONTACT: Irvin L. Mortenson, Superintendent, 
Badlands National Park, PO Box 6, Interior, SD 57750. Telephone 605-
433-5361.

SUPPLEMENTARY INFORMATION:

Background

    South Dakota Route 240, from Exit 131 on Interstate 90, passes 
through the northeast corner of Badlands National Park, traversing the 
Badlands ``Wall'' at Cedar Pass and intersects with South Dakota Route 
377 which, in turn, connects with South Dakota Route 44 at the town of 
Interior. In 1929, Congress passed legislation authorizing the 
establishment of Badlands National Monument, subject to the condition 
``that the State of South Dakota first construct 30 miles of highways 
through the `proposed park' area in a manner satisfactory to the 
Secretary of Interior.'' After the State of South Dakota completed the 
highway construction, Badlands National Monument was proclaimed on 
January 25, 1939. In 1941, the State relinquished ownership to roads 
within the Monument's boundary.
    A general park regulation, 36 CFR 5.6, prohibits commercial traffic 
in National Parks. Under the proposed regulation, local commercial 
traffic would be allowed to use the park road connecting the Northeast 
entrance and the Interior entrance. The transportation of certain 
hazardous materials and oversize/overweight vehicles on park roads will 
be prohibited, except as permitted by the Superintendent. The NPS may 
allow transportation of certain hazardous materials on park roads as 
necessary to provide access to otherwise inaccessible lands within or 
contiguous to the park, or in emergency situations as determined by the 
Superintendent.
    The paving of South Dakota Highway 44 in 1986 considerably changed 
the park's recreational and commercial vehicle patterns and number. In 
December of 1989, in response to these increases, Badlands National 
Park mailed over 500 ``scoping brochures'' to various organizations, 
agencies and individuals seeking public participation in the 
development of alternatives for the management of commercial traffic in 
the park. A public scoping meeting was held on January 24, 1990, in 
Interior, South Dakota, attended by approximately 115 people. Following 
the public meeting, written comments also were solicited. Public input 
was received during review of the environmental assessment prepared for 
the regulation of commercial traffic. This review occurred in April of 
1990. Public comments received during that time and NPS review of the 
issues are reflected in the proposed rule.

Existing Conditions

    Local commercial vehicles and some long haul trucks continue to 
travel through the Badlands National Park's northeast corner on 5.8 
miles of park road between the Northeast and the Interior Entrances. 
South Dakota Route 240 connects with the Badlands Loop Road at the 
Northeast Entrance and South Dakota Route 377 connects to the park road 
at the Interior Entrance. South Dakota Routes 240 and 377 are exterior 
to park boundaries and are maintained by the State of South Dakota only 
up to the park boundaries. Inside the park, road maintenance is the 
responsibility of the NPS. South Dakota Routes 240 and 377 are two-
lane, paved rural highways designed for a 55 mph speed limit for all 
vehicle types. The park roads are two-lane, paved roads designed for 45 
mph and 25 mph speed limits. Their purpose, as defined by the Park Road 
Standards for the National Park System,

. . . ``(R)emains in sharp contrast to that of the Federal and State 
highway systems. Park roads are not intended to provide fast and 
convenient transportation; they are intended to enhance visitor 
experience while providing safe and efficient accommodation of park 
visitors and to serve essential management access needs. They are 
not,

[[Page 41059]]

therefore intended nor designed as continuations of the State and 
Federal-aid network.''

Conclusion

    Based on available data on road use and relevant environmental 
analysis, the impact of local commercial traffic on park roads within 
Badlands National Park is not sufficient to compel the NPS to prohibit 
all local commercial traffic on park roads between the Northeast and 
Interior Entrances. The NPS recognizes the potential hazard posed by 
the transportation of certain hazardous materials and oversize/
overweight vehicles through the park and will regulate or prohibit such 
use. Those local commercial vehicles carrying hazardous materials that 
require placarding, or marine pollutants that require marking according 
to U.S. Department of Transportation regulations, must first obtain a 
permit when such transportation is necessary for access to lands within 
or adjacent to the park, where access is not otherwise available, or in 
emergency situations as determined by the Superintendent. Exceptions 
include local bulk deliveries of gasoline, diesel, LP gas and certain 
oversize/overweight agricultural vehicles as provided for by South 
Dakota State Law. The NPS proposed regulation will not regulate state 
highways or traffic outside of Badlands National Park.
    The proposed rule will allow only those vehicles which originate 
from, or are destined to, U.S. Postal Service ZIP codes within a 45-
mile radius of Cedar Pass in Badlands National Park. These Postal 
Service ZIP codes, which are in close proximity to the park, were 
chosen because nearly all the commercial traffic accessing the park 
originates from these areas. The use of geographic County designations 
for commercial access to the park would not be appropriate because, 
with the Counties being so large, thousands of additional commercial 
vehicles could claim entry to the park. The allowable ZIP code service 
area includes the following towns:

Allen--57714
Belvedere--57521
Cottonwood--57775
Creighton--57729
Interior--57750
Kadoka--57543
Kyle--57752
Long Valley 57547
Owanka--57767
Philip--57567
Scenic--57780
Wall--57790
Wanblee--57577
Wasta 57791

    The NPS prepared an Environmental Assessment (EA) addressing 
commercial traffic on park roads. The assessment was released for 
public review in 1990. On March 19, 1990, the Regional Director for the 
Rocky Mountain Region, National Park Service, signed a Finding of No 
Significant Impact (FONSI) for the proposal, which would allow local 
commercial traffic on park roads between the park's Northeast and 
Interior Entrances, but continue the prohibition of the transportation 
of certain hazardous materials requiring placarding and certain 
oversize/overweight cargos through Badlands National Park. Copies of 
this EA are available from the Chief Ranger's Office.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule to the address noted at the 
beginning of this rulemaking. The NPS will review comments and consider 
making changes to the rule based upon an analysis of the comments.

Drafting Information

    The principal authors of this proposed rulemaking are Irvin L. 
Mortenson, Superintendent, former District Ranger Stan Robins, Badlands 
National Park and Dennis Burnett, Washington Office of Ranger 
Activities.

Paperwork Reduction Act

    The collection of information contained in the permit section of 
this rule is for the purpose of determining which commercial vehicles 
meet the requirements allowing them to travel through the park. This 
collection of information is necessary to issue the permit and has 
previously been approved by the Office of Management and Budget under 
44 U.S.C. 3501 et seq. and assigned clearance number 1024-0124 in 
accordance with the Paperwork Reduction Act of 1995.

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 determined 
that this document will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 USC 601 et seq.). The economic effects of this rulemaking are 
local in nature and negligible in scope.
    The Service has determined and certifies pursuant to the Unfunded 
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed rule 
will not impose a cost of $100 million or more in any given year on 
local, State, or tribal governments or private entities.
    An EA was issued in 1990 under the provisions of the National 
Environmental Policy Act and a Finding of No Significant Impact signed 
on June 19, 1990.

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 for part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

    2. Section 7.23 is added to read as follows:


Sec. 7.23  Badlands National Park.

    (a) Commercial vehicles. (1) Notwithstanding the prohibition of 
commercial vehicles set forth in Section 5.6 of this Chapter, local 
commercial vehicles may operate on the park road between the Northeast 
entrance and the Interior entrance in accordance with the provisions of 
this Section.
    (2) The term ``Local Commercial Vehicles'', as used in this 
section, will include the definition of ``commercial vehicle'' in 
section 5.6(a), but specifically includes only those vehicles which 
originate from, or are destined to, the following U.S. Postal Service 
ZIP code areas:

Allen--57714
Belvedere--57521
Cottonwood--57775
Creighton--57729
Interior--57750
Kadoka--57543
Kyle--57752
Long Valley--57547
Owanka--57767
Philip--57567
Scenic--57780
Wall--57790
Wanblee--57577
Wasta--57791

    (3) The Superintendent may require a permit and establish terms and 
conditions in accordance with Section 1.6 of this Chapter for the 
operation of local commercial vehicles on the park road between the 
park's Northeast and Interior entrances. The Superintendent may charge 
a fee for any permits issued

[[Page 41060]]

to commercial vehicles in accordance with a fee schedule established 
annually.
    (4) The commercial transport on the park road between the Northeast 
and Interior entrances of any substance or combination of substances, 
including any hazardous substance, hazardous material, or hazardous 
waste that requires placarding, or any marine pollutant that requires 
marking, as defined in 49 CFR Subtitle B, is prohibited; except for 
local bulk deliveries of gasoline, fuel oil and LP gas; provided, 
however, that the Superintendent may issue permits for the 
transportation of such substance or combination of substances, 
including hazardous waste, in emergencies, and may issue permits when 
such transportation is necessary for access to lands within or adjacent 
to the park area to which access is otherwise not available as provided 
in 36 CFR 5.6.
    (5) The operator of a motor vehicle transporting any hazardous 
substance, hazardous material, hazardous waste, or marine pollutant in 
accordance with a permit issued under this section, is not relieved in 
any manner from complying with all applicable regulations in 49 CFR 
Subtitle B, or with any other State or Federal laws and regulations 
applicable to the transportation of any hazardous substance, hazardous 
material, hazardous waste, or marine pollutant.
    (6) The transportation or use of oversize or overweight commercial 
vehicles on the park road between the Northeast and Interior entrances 
is prohibited; provided, however that the Superintendent may issue 
permits for transportation or use of such vehicles and may condition 
such permits on the use of special routes within the park in order to 
minimize impacts to park facilities and resources and also may issue 
permits when the transportation or use of such vehicles is necessary 
for access to lands within or adjacent to the park area to which access 
is otherwise not available as provided in 36 CFR 5.6.
    (7) Operating without, or violating a term or condition of, a 
permit issued in accordance with this section is prohibited. In 
addition, violating a term or condition of a permit may result in the 
suspension or revocation of the permit.
    (b) [Reserved]

    Dated: July 15, 1996.
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-19959 Filed 8-6-96; 8:45 am]
BILLING CODE 4310-70-P