[Federal Register Volume 66, Number 4 (Friday, January 5, 2001)]
[Proposed Rules]
[Pages 1069-1072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-377]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC82


Special Regulations, Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing to amend 
regulations specific to Rocky Mountain National Park that designate 
snowmobile routes inside the park. The routes currently designated are 
inconsistent with the protection of the resources and values of this 
park, management objectives, with the requirements of two executive 
orders, and NPS general regulations that govern snowmobile use in the 
National Park System. This amendment would eliminate three of the four 
routes currently designated for snowmobile use and bring the remaining 
route into compliance with the general regulations.

DATES: Written comments will be accepted through March 6, 2001.

ADDRESSES: Comments should be addressed to: National Park Service, 
Ranger Activities Division, 1849 C Street, NW., Room 7408, Washington, 
DC 20240. Fax (202) 208-6756. Email: WASO_[email protected].

FOR FURTHER INFORMATION CONTACT: Kym Hall, Regulations Program Manager, 
National Park Service, 1849 C Street, N.W., Room 7413, Washington, DC 
20240. Telephone: (202) 208-4206; Fax: (202) 208-6756; Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In January 1999, the NPS received a petition for rulemaking from 
the Bluewater Network, representing some 60 conservation organizations, 
requesting that we begin immediate rulemaking to prohibit snowmobile 
use within units of the National Park System. To gather information on 
how to respond, NPS conducted a survey of those parks in which 
snowmobile use is currently allowed. The survey gathered information 
from each relevant park on such matters as the basis on which a 
decision was originally made to allow snowmobile use in that park; how 
extensive that use is; what is known about the impacts of that use on 
park resources and values, including the enjoyment of other visitors; 
and what monitoring, if any, is conducted to determine those impacts. 
Additionally, the NPS held a two-day snowmobile ``summit'' in January 
2000 at which officials from the Department of the Interior (including 
the Office of the Solicitor) and the National Park Service (including 
all but one affected park) reviewed the snowmobile use now occurring in 
the National Park System. We learned through the survey and the 
snowmobile ``summit'' that much of the snowmobile use that occurs in 
the National Park System is not consistent with management objectives 
or the protection of park resources and value, and is not in compliance 
with the requirements of the two executive orders and the NPS general 
regulations on snowmobile use.
    In April 2000, the Department and NPS publicly announced an 
intention to propose changes in the snowmobile use allowed in parks, to 
protect park resources and values, to meet management objectives and to 
come into compliance with the legal requirements applying to that use. 
Consistent with that announcement, this is a proposed regulatory action 
to make those changes in the park-specific regulations governing 
snowmobile use in Rocky Mountain National Park, by repealing the 
current designation of three routes in the park as open to snowmobiles. 
Only one of those routes is currently open to snowmobile use. For the 
other two, this proposal would amend the park-specific regulations to 
conform to previous decisions by the park management to close the 
routes to snowmobile use. This proposed rule will leave one route in 
the park, the North Supply Creek Snowmobile Access Trail, designated 
for snowmobile use. An environmental analysis and a draft economic 
analysis have been prepared.

Existing Regulations

    Executive Order 11644, issued by President Nixon in 1972, provides, 
among other things, that snowmobile use may be allowed in the National 
Park System only on areas and trails designated by NPS for that 
purpose, and only if NPS determines that the snowmobile use on those 
areas and trails will not adversely affect the park's natural, 
aesthetic, or scenic values. It requires NPS to monitor the effects of 
authorized snowmobile use in parks. It also requires NPS, on the basis 
of the information gathered through that monitoring, to amend or 
rescind designations of those areas and trails open to snowmobile use 
as necessary to avoid adverse effects on the park's natural, aesthetic, 
or scenic values.
    Executive Order 11989, issued by President Carter in 1977, requires 
NPS, whenever it determines that the use of snowmobiles will cause or 
is causing considerable adverse effects on the natural resources of a 
park, to take steps to prevent those effects, including immediately 
halting that use.
    NPS general regulations on snowmobile use, 36 CFR 2.18(c), state 
that:

    The use of snowmobiles is prohibited, except on designated 
routes and water surfaces that are used by motor vehicles or

[[Page 1070]]

motorboats during other seasons. Routes and waters surfaces 
designated for snowmobile use shall be promulgated as special 
regulations. Snowmobiles are prohibited except where designated and 
only when their use is consistent with the park's natural, cultural, 
scenic and aesthetic values, safety considerations, park management 
objectives, and will not disturb wildlife or damage park resources.

    Rocky Mountain National Park currently has four routes where 
snowmobile use has been designated via a special regulation: the 
Summerland Park Snowmobile Trail; the North Supply Creek Access 
Snowmobile Trail (identified in the regulation as the Supply Creek 
Snowmobile Access Trail); sixteen miles of Trail Ridge Road, including 
both a plowed stretch from the Kawuneeche Visitor Center to the Timber 
Lake Trailhead (ten miles) that is also open to other motor vehicles 
and an unplowed stretch (six miles) from the Timber Lake Trailhead to 
Milner Pass (these stretches are identified as separate routes in the 
current special regulation for the park); and the Bowen Gulch Access 
Route. All of these routes are in the Colorado River District, or 
western portion, of the park.
    Two of these routes, the Bowen Gulch Access Route and the 
Summerland Park Snowmobile Trail, are not now open to snowmobile use, 
since they have been closed by prior park action reflected in the 
Superintendent's compendium.
    On the two designated trails that are open to snowmobile use, 
28,417 snowmobiles entered the park in the winter of 1999-2000, making 
Rocky Mountain one of the parks with the highest levels of snowmobile 
use in the national park system. By contrast, 88 snowmobiles entered 
the park in 1967, the first year for which use figures are available. 
Approximately 85 percent of the current use occurs on the North Supply 
Creek Snowmobile Access Trail, a route of approximately two miles in 
length that provides snowmobile access to adjacent national forest 
lands. The remainder of the use occurs on Trail Ridge Road, which 
provides snowmobile access into the interior of the park.
    This proposed rule would repeal the designations of all designated 
snowmobile routes in Rocky Mountain other than the North Supply Creek 
Access Trail.

Explanation of Rule

    Repealing the designations of all routes except the North Supply 
Creek Access Trail is necessary to comply with the requirements of the 
applicable Executive Orders and NPS's general regulation on snowmobile 
use, 36 CFR 2.18, to protect park resources and values, and to meet 
park management objectives.
    Repealing the designations of the Bowen Gulch Access Trail and the 
Summerland Park Snowmobile Trail is justified for the same reasons that 
snowmobile use has not been allowed on those routes since 1981 and 
1997, respectively. The Bowen Gulch Access Route historically provided 
snowmobile access to adjacent national forest lands that were open to 
snowmobile use, but that adjacent use ended in 1980 when Congress 
designated the national forest lands as part of the Never Summer 
Wilderness. The Summerland Park Snowmobile Trail was closed in 1997, 
because its inaccessibility made the area difficult for park rangers to 
patrol and monitor; its use led to off-road snowmobile use in violation 
of NPS regulations; and its use led to incidents of trespass onto 
adjacent private lands.
    Ending snowmobile use on Trail Ridge Road will reduce the adverse 
impacts of snowmobile noise on the natural soundscape of the park, on 
wildlife, and on other visitors to the park. Natural quiet will be 
restored to the area that extends from the Timber Lake Trailhead 
parking lot to Milner Pass. The long-term integrity of wilderness 
values in the Kawuneeche Valley in the vicinity of Trail Ridge Road 
will be protected and enhanced. The restored natural quiet will allow 
wildlife to exist in a more natural setting. Bighorn sheep that may 
have been avoiding Milner Pass during the winter because of noisy 
snowmobiles may return. The many visitors who come to Rocky Mountain in 
the winter seeking solitude, serenity, and tranquility (as documented 
by visitor use surveys) will have their enjoyment of the park enhanced.
    Eliminating snowmobile use on Trail Ridge Road will also reduce air 
pollution in the interior of the park, eliminate any possible impacts 
to soils or vegetation from snowmobile use along this route, and 
eliminate emissions that settle onto the snow and get carried into the 
park's streams and lakes by snowmelt.
    In addition, the dual use of the lower, plowed stretch of Trail 
Ridge Road by snowmobiles and other motor vehicles, on the same road 
surface, also presents safety concerns. The State of Colorado prohibits 
dual use by snowmobiles and other motor vehicles of the same road 
surface, on roads under state jurisdiction. On the lower stretch of 
Trail Ridge Road, the NPS has been allowing such dual use. Closing this 
stretch of road to snowmobile use is consistent with the state policy, 
and will improve public safety. In December 1999, there was a collision 
between a snowmobile and a minivan, with the snowmobile sliding on the 
ice and striking the van.
    Continuing to allow snowmobile use on the North Supply Creek Access 
Trail is consistent with applicable Executive Orders, the NPS's general 
snowmobile regulation, the protection of park resources and values, and 
park management considerations.
    The North Supply Creek Access Trail is a two-mile trail that 
provides access to adjacent national forest lands that are heavily used 
by snowmobiles. The first 0.87 mile of the trail within the park 
follows a utility corridor right of way, which is open to NPS, county, 
and public utility vehicles, and which is maintained as a fire access 
road. The remaining 1.13 miles follows the Sun Valley Road, which is a 
county road. This snowmobile trail provides the only safe and 
reasonable access between the town of Grand Lake and national forest 
lands west of the park that contain 17 named snowmobile routes with a 
total length of 92.3 miles. Limiting snowmobile use in the park to the 
North Supply Access Trail will limit any impacts of that use (primarily 
any impacts from noise) to this small portion of the park (where noise 
is already audible from snowmobiles in use on adjacent national forest 
lands).
    When final, this rule would become effective for the winter use 
season of 2002-2003. In a consolidated appropriations bill given final 
Congressional approval on December 15, 2000, Congress has provided 
that, in promulgating any new rules to reduce snowmobile use in units 
of the national park system, the NPS may not establish an effective 
date for the reductions any earlier than the winter season of 2002-
2003.

Compliance With Other Laws

Regulatory Planning and Review (E.O. 12866)

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget under Executive Order 12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities.
    Nonetheless, the NPS has prepared a draft study on the economic 
effects of this proposal on, among others, small businesses. ``Proposed 
Restrictions on Snowmobile Riding in Rocky Mountain

[[Page 1071]]

National Park: Draft Report'' (LawGibb Group, Arcadis JSA, and Research 
Triangle Institute, November 2000).
    This draft report indicates that the proposed regulation is 
expected to lead to a reduction in the number of visitor days spent by 
snowmobilers in Rocky Mountain in the winter, as they would no longer 
be able to use Trail Ridge Road. There may or may not be a reduction in 
visitation to the gateway community of Grand Lake, Colorado, depending 
on (1) how many people who used to snowmobile on Trail Ridge Road will 
continue to come to the area to snowmobile on other routes, and (2) 
whether there is an increase in other winter visitors to the park who 
will have a more enjoyable winter experience there without snowmobile 
use on Trail Ridge Road.
    Examining a likely range of possible reductions in winter 
visitation to Grand Lake, the report indicates that the total impact on 
businesses in Grand Lake could range from an annual decrease of 
$265,800 to $728,200 in business revenues. Approximately two-thirds of 
any impact will be on snowmobile rental businesses, followed by lodging 
(17.5 percent), restaurants and bars (9.2 percent), gas and oil, 
souvenirs and other retail trade, and grocery businesses.
    You may obtain a copy of the draft economic report by one of 
several ways:
--Internet: http://www.nps.gov/romo/
--By mail: Bruce Peacock, National Park Service, 1849 C Street, NW., 
Room 2749, Washington, DC 20240.
--By email: [email protected]

    Public comments regarding the economic report may be submitted to 
Bruce Peacock at one of the addresses above.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    This rule deals specifically with Rocky Mountain National Park, 
which is administered solely by the NPS, and any rules regarding 
snowmobile use there would affect only the NPS and not other agencies.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    There are no budgetary constraints or funding issues associated 
with this rulemaking at all. This rule pertains only to the 
recreational uses of areas within the park.
    (4) This rule may raise novel legal or policy issues.
    Though this rule is but a portion of the total snowmobile use 
within the NPS system, the specific issue of snowmobile restrictions in 
any of the NPS areas has raised concerns from the public regarding 
policies. Generally the effect of this rulemaking would be a small 
percentage of change in use patterns within the park.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    Nonetheless, the NPS has prepared a draft study on the economic 
effects of this proposal on, among others, small entities. ``Proposed 
Restrictions on Snowmobile Riding in Rocky Mountain National Park: 
Draft Report'' (LawGibb Group, Arcadis JSA, and Research Triangle 
Institute, November 2000). Small entities potentially affected will be 
all six snowmobile rental shops in the Grand Lake area, and all 
governmental jurisdictions in the area.
    For snowmobile rental shops, the proposed regulation could lead to 
a loss of annual revenue ranging from $159,554 to $398,885. This 
represents nine to 22 percent of their estimated total winter revenue. 
However, there appears to be excess demand for snowmobile rentals in 
Grand Lake, with the rental businesses typically renting all available 
machines on weekends, weather permitting, and during holiday weeks. 
This could mean that the effects on the rental shops could be less than 
the ranges estimated.
    The town of Grand Lake does not collect a sales and use tax on 
snowmobile rentals. The range in reductions in winter visitation 
examined in the study would lead to a decline in the town's sales and 
use tax receipts from retail sales ranging between $2,479 and $8,430.
    The NPS solicits comments on any alternative approach to the 
proposed regulation--such as a limitation on the number of snowmobiles 
that may use Trail Ridge Road, a limitation on the hours of use of such 
snowmobiles, a restriction on use of snowmobiles to a smaller portion 
of Trail Ridge Road, technical or mechanical changes to snowmobiles 
that could be required to reduce air and noise emissions from 
snowmobiles so as to enable their use on Trail Ridge Road, use fees or 
other market-based regulatory mechanisms, or a delay in the effective 
date of the regulations--that could both accomplish the objectives and 
fulfill the requirements of the laws, executive orders, and regulations 
applying to snowmobile use in the park and minimize any possible 
adverse economic impact of the proposed regulation on small businesses.
    Additionally, we solicit comments on the potential impacts that 
this rule may have on small entities. We welcome comments with 
information regarding the number and types of entities impacted, the 
specific costs that may be imposed by this rule on small entities, and 
whether and why these impacts may be considered significant.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    This rule has been estimated to have a potential impact on small 
businesses (six rental shops) from approximately $160,000 to $400,000 
annually.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    There are not likely to be cost increases associated with this 
rulemaking. The potential economic effect would be a minimal loss of 
revenue to small businesses and tax revenue to local governments.
    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 only pertains to recreational uses within a park unit and 
does not have effects on production between the United States and 
foreign entities.

Unfunded Mandates Reform Act

    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.
    This rule poses regulatory requirements only on those visitors that 
choose to operate a snowmobile within Rocky Mountain National Park, and 
it does not require any additional expenditures of money by them. 
Potential impacts to local government could be in the loss of tax 
revenue estimated between $2000 and $8000 annually.

Takings (E.O. 12630)

    In accordance with 12630, the rule does not have significant 
takings implications.

[[Page 1072]]

    This rulemaking affects only those areas within Rocky Mountain 
National Park and has no effects on external ownership of lands outside 
the park boundary.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    This rulemaking only affects users who choose to operate 
snowmobiles within the park. There are no obvious effects on the State 
of Colorado.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required.

National Environmental Policy Act

    This rule does not constitute a major federal action significantly 
affecting the quality of the human environment. A draft Environmental 
Assessment has been completed. Copies of that assessment may be 
obtained through one of several methods.

--Internet: http://www.nps.gov/romo/
--By email: [email protected]
--By mail: Superintendent, Rocky Mountain National Park, 1000 U.S. 
Highway 36, Estes Park, Colorado 80517.

    Public comments regarding the Environmental Assessment may be 
submitted to Rocky Mountain National Park at one of the addresses 
above. Public comments will be accepted at the park through January 13, 
2001.

Government-to-Government Relationship with Tribes

    In accordance with the president's memorandum of April 29, 1994, 
``Government -to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated potential 
effects on federally recognized Indian tribes and have determined that 
there are no potential effects.
    This rulemaking would not involve any lands or resources 
administered by Native American Tribes. This rule only addresses routes 
inside the boundaries of Rocky Mountain National Park.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? A ``section'' appears in body type 
and is preceded by the symbol ``Sec. '' and a numbered heading; for 
example, Sec. 7.7 [amended]. (5) Is the description of the rule in the 
Supplementary Information section of the preamble helpful in 
understanding the proposed rule? What else could we do to make the rule 
easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street NW, Washington, DC 20240. You 
may also e-mail the comments to this address: [email protected]
    Public Participation: If you wish to comment, you may submit your 
comments by any one of several methods. You may mail comments to the 
National Park Service, Ranger Activities Division, 1849 C Street, NW., 
Washington, DC 20240. You may also comment via the Internet to 
WASO;[email protected]. Please submit Internet comments as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Please also include ``Attn: 1024-AC82'' in the subject line and your 
name and return address in the body of your Internet message. Finally, 
you may hand deliver comments to Kym Hall, Regulations Program Manager, 
National Park Service, 1849 C Street, N.W., Room 7413, Washington DC. 
Our practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
for the rulemaking record, which we will honor to the extent allowable 
by law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses and from individuals identifying themselves 
as representatives or officials of organizations or businesses, 
available for public inspection in their entirety.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements

    Accordingly, we propose to amend Part 7 of 36 CFR as set forth 
below:

PART 7--SPECIAL REGULATIONS; AREAS OF THE NATIONAL PARK SYSTEM

    1. The authority for Part 7 continues to read as follows:

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


Sec. 7.7  [Amended]

    2. Revise Sec. 7.7(e) to read as follows:
* * * * *
    (e) Snowmobiles--(1) On what route may I operate a snowmobile? 
Snowmobiles may be operated on the North Supply Creek Snowmobile Access 
Trail solely for the purpose of gaining access between national forest 
lands on the west side of the park and the town of Grand Lake. Use of 
this trail for other purposes is not permitted. This trail will be 
marked by signs, snow poles or other appropriate means.
    (2) When may I operate a snowmobile on the North Supply Creek 
Snowmobile Access Trail? The Superintendent shall determine the opening 
and closing dates for use of the North Supply Creek Snowmobile Access 
Trail each year, taking into consideration the location of wintering 
wildlife, appropriate snow cover, and other factors that may relate to 
public safety. The Superintendent will notify the public of such dates 
through normal news media channels. Temporary closure of this route 
will be initiated through the posting of appropriate signs and/or 
barriers. This route will be open to snowmobile travel when it is 
considered to be safe for travel but not necessarily free of safety 
hazards. Snowmobilers may travel this route with the permission of the 
Superintendent, but at their own risk.

    Dated: December 22, 2000.
Stephen C. Saunders,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 01-377 Filed 1-4-01; 8:45 am]
BILLING CODE 4310-70-P