[Federal Register Volume 68, Number 166 (Wednesday, August 27, 2003)]
[Proposed Rules]
[Pages 51526-51544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21332]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD11


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 is proposing this rule to more 
effectively manage winter visitation and recreational use in 
Yellowstone and Grand Teton National Parks and the John D. Rockefeller, 
Jr., Memorial Parkway. This proposed rule is in conjunction with the 
Winter Use Plans Final Environmental Impact Statement and the Final 
Supplemental Environmental Impact Statement and is necessary to 
mitigate impacts resulting from oversnow motorized recreation in the 
parks and to implement the conditional decisions made in the Record of 
Decision of March 25, 2003. The proposal utilizes an adaptive 
management strategy and, in order to minimize impacts, requires, among 
other things, that most recreational snowmobiles and snowcoaches 
operating in the parks meet certain air and sound requirements, most 
snowmobiles be accompanied by a trained guide, and establishes daily 
entry limits on the numbers of snowmobiles that may enter the parks. 
Cross-country routes will continue to remain closed to oversnow 
motorized vehicles.

DATES: Comments must be received by October 14, 2003.

ADDRESSES: Comments may be sent to Yellowstone National Park, Planning 
Office, PO Box 168, Yellowstone NP, WY 82190. Comments may also be 
submitted online at http://www.nps.gov/yell/rule.

FOR FURTHER INFORMATION CONTACT: John Lacklin, Planning Office, 
Yellowstone National Park, 307-344-2021 or at the address listed in the 
ADDRESSES section.

SUPPLEMENTARY INFORMATION: The National Park Service (NPS) has been 
managing winter use issues in Yellowstone National Park (YNP), Grand 
Teton National Park (GTNP), and the John D. Rockefeller, Jr., Memorial 
Parkway (the Parkway) for several decades. In 1997 the Fund for Animals 
and others filed suit, alleging that the NPS failed to: Consult with 
the U.S. Fish and Wildlife Service on impacts of winter use on 
threatened and endangered species; prepare an EIS concerning winter 
use; and evaluate the effects of trail grooming on wildlife and other 
park resources. The suit was resolved with a settlement agreement in 
October 1997 which, among other things, required the NPS to prepare a 
new winter use plan for the three park units. On October 10, 2000, a 
Winter Use Plans Final Environmental Impact Statement (FEIS) was 
published for YNP, GTNP, and the Parkway. A Record of Decision (ROD) 
was signed by Intermountain Regional Director Karen Wade on November 
22, 2000, and subsequently distributed to interested and affected 
parties. The ROD selected FEIS Alternative G, which eliminated both 
snowmobile and snowplane use from the parks by the winter of 2003-2004, 
and provided access via an NPS-managed, mass-transit snowcoach system. 
This decision was based on a finding that the snowmobile and snowplane 
use existing at that time, and the snowmobile use analyzed in the FEIS 
alternatives, impaired park resources and values, thus violating the 
statutory mandate of the NPS.
    Implementing aspects of this decision required a special regulation 
for each park unit in question. Following publication of a proposed 
rule and the subsequent public comment period, a final rule was 
published in the Federal Register on January 22, 2001 (66 FR 7260). The 
rule became effective on April 22, 2001.
    On December 6, 2000, the Secretary of the Interior, the Director of 
the National Park Service and others in the Department of the Interior 
and the NPS were named as defendants in a lawsuit brought by the 
International Snowmobile Manufacturers' Association and several groups 
and individuals. The State of Wyoming subsequently intervened on behalf 
of the plaintiffs. Following promulgation of final regulations, the 
original complaint was amended to also challenge the regulations. The 
lawsuit asked for the decision, as reflected in the ROD, to be set 
aside. The lawsuit alleged that NPS

[[Page 51527]]

failed to give legally mandated consideration to all of the 
alternatives, made political decisions outside the public process, and, 
contradictory to evidence and data, failed to give the public 
appropriate notice and participation, failed to adequately consider and 
use the proposals and expertise of the cooperating agencies, failed to 
properly interpret and implement the parks' purpose, discriminated 
against disabled visitors, and improperly adopted implementing 
regulations. A procedural settlement was reached on June 29, 2001, 
under which, NPS prepared a Supplemental Environmental Impact Statement 
(SEIS). In accordance with the settlement, the SEIS incorporated ``any 
significant new or additional information or data submitted with 
respect to a winter use plan.'' Additionally, the NPS provided the 
opportunity for additional public participation in furtherance of the 
purposes of NEPA. A Notice of Intent to prepare a Supplemental 
Environmental Impact Statement was published in the Federal Register on 
July 27, 2001 (66 FR 39197).
    A draft SEIS was published on March 29, 2002, and distributed to 
interested and affected parties. NPS accepted public comments on the 
draft for 60 days, and 357,405 pieces of correspondence were received. 
The draft SEIS examined four additional alternatives: Two alternatives 
to allow some form of snowmobile access to continue; a no-action 
alternative, which would implement the November 2000 ROD; and another 
alternative which would implement the no-action alternative one year 
later to allow additional time for phasing in snowcoach-only travel. 
The SEIS focused its analysis only on the issues relevant to allowing 
recreational snowmobile and snowcoach use in the parks. These impact 
topics included: Air quality and air quality related values, employee 
health and safety, natural soundscapes, public health and safety, 
socioeconomics, wildlife--bison and elk, and visitor experience. The 
SEIS did not include re-evaluating the decision to ban snowplane use on 
Jackson Lake because this had not been an issue in the lawsuit, and was 
not an aspect of the resulting settlement.
    On November 18, 2002, the NPS published a final rule (67 FR 69473) 
based on the FEIS, which generally postponed for one year 
implementation of the phase-out of snowmobiles in the parks under the 
January 2001 regulation. This rule allowed for additional time to plan 
and implement the NPS-managed mass-transit, snowcoach-only system 
outlined in the FEIS as well as time for completion of the SEIS. The 
rule delayed the implementation of the daily entry limits on 
snowmobiles until the winter of 2003-2004 and the complete prohibition 
on snowmobiles until 2004-2005. The transitional requirement under the 
2001 regulation that snowmobile parties use an NPS-permitted guide was 
also delayed until the 2003-2004 winter use season.
    Other provisions under the January 2001 regulation concerning 
licensing requirements, limits on hours of operation, and the ban on 
snowplane use remained effective for the winter use season of 2002-
2003.
    The Notice of Availability for the final SEIS was published on 
February 24, 2003 (68 FR 8618). The final SEIS included a new 
alternative, alternative 4, consisting of elements which fell within 
the scope of the analyses contained in the Draft SEIS and which was 
identified as the preferred alternative. In addition, the final SEIS 
included changes to the alternatives, changes in modeling assumptions 
and analysis, and it incorporated additional new information. 
Intermountain Regional Director Karen Wade signed a Record of Decision 
for the SEIS, which became effective on March 25, 2003. The ROD 
selected Final SEIS alternative 4 for implementation, and it enumerated 
additional modifications to that alternative. The final SEIS and ROD 
found that implementation of final SEIS alternatives 1a, 1b, 3, or 4 
would not be likely to impair park resources or values resulting from 
motorized oversnow recreation. Promulgation of the regulations proposed 
in this rule is necessary to implement the March 25, 2003, ROD. Absent 
the promulgation of such new regulations, the existing regulations 
reducing the numbers of snowmobiles that may be used in the parks 
during the winter of 2003-2004, but without air and sound requirements, 
will continue to apply.

Park Resource Issues

    As disclosed in the FEIS and SEIS, the NPS is concerned about 
impacts to park resources and values resulting from the use of 
motorized oversnow vehicles, including both snowcoaches and 
snowmobiles. These impacts are summarized below. Additional information 
is available in the SEIS and FEIS, available online at: http://www.nps.gov/grte/winteruse/intro.htm and http://www.nps.gov/yell/technical/planning/winteruse/plan/index.htm respectively.

Air Quality and Air Quality Related Values

    Over the past 10 years, increases in the number of visitors using 
snowmobiles in YNP and GTNP have intensified concerns regarding 
localized air pollution and its effects on the health of park 
employees, visitors, and operators and riders of snowmobiles. Although 
NPS has not documented violations of federal or state ambient air 
quality standards, these standards have been approached, especially on 
days when atmospheric conditions produce little air movement. In both 
cases the NPS is relying on EPA approved methodologies and equipment 
for carbon monoxide testing at a station operated by the State of 
Montana and located near the West Entrance to Yellowstone. Two-stroke 
snowmobile engines typically produce relatively high amounts of carbon 
monoxide, particulate matter, and volatile organic compounds. New 
commercially available snowmobile engine technology, especially certain 
four-stroke snowmobiles, reduce carbon monoxide emissions by as much as 
85% and hydrocarbons by 95-98%, relative to the EPA's baseline 
assumptions about current average two-stroke snowmobile emissions.

Employee and Visitor Health and Safety

    Both parks employees and visitors are at times exposed to the 
hazards of loud sounds, exhaust emissions, and naturally occurring 
avalanches. Significant levels of carbon monoxide, particulate matter, 
and other toxic air pollutants have been found near the West Entrance 
to YNP. Complaints of nausea, dizziness, headaches, sore throats, eye 
irritation, light-headedness, and lethargy are frequent among employees 
who work at the West Entrance and others who work within heavily used 
travel corridors. We have involved OSHA in a partnership with the NPS 
to help us proactively mitigate concerns about employee health and 
safety. Through this partnership, OSHA measured exposures in several 
workplace environments in February 2000, finding high levels of noise, 
carbon monoxide, benzene, formaldehyde, and severe vibration to 
employees riding snowmobiles during the performance of their work 
duties. In addition, OSHA found that an employee working primarily 
outside the fee kiosk at the West Entrance was over-exposed to noise 
due to snowmobiles, and that a ranger conducting a normal snowmobile 
patrol operations was over-exposed to noise at a level of 93 decibels. 
To address these issues in part,

[[Page 51528]]

NPS issues appropriate personal protective equipment, such as earplugs, 
to employees to minimize their exposure to workplace hazards. We are 
also in the process of re-designing the West Entrance kiosk to minimize 
noise and air pollution exposure to employees. The NPS has also 
established the off-site sale of winter entrance passes to further 
reduce snowmobile congestion, and subsequent employee exposure to 
snowmobile emissions. The measures contained in the proposed rule would 
further mitigate these impacts.

Natural Soundscapes

    Natural soundscapes are the unimpaired sounds of nature, and are 
among the intrinsic elements of the environment that are associated 
both with the purpose of a park and with its natural ecological 
functioning. Human-generated noise in the winter includes that from 
snowmobiles, snowcoaches, and wheeled vehicles. Of particular concern 
to NPS is the impact of noise generated by humans in travel corridors 
or staging areas in developed areas that carries into backcountry 
areas, where visitors expect to hear only the natural soundscape. The 
majority of areas visited by individuals seeking solitude and quiet lie 
within close proximity to travel corridors and developed areas because 
other, more remote, areas of the park are not as easily accessible to 
the average visitor.

Visitor Experience

    In YNP and GTNP, an average of 75 percent of winter visitors ride 
snowmobiles, 12 percent ride in snowcoaches, 20 percent use cross-
country skis, 2 percent use snowshoes and 22 percent drive automobiles. 
These figures exceed 100 percent because some visitors engage in more 
than one activity. Visitors come to the parks seeking a winter 
recreation experience and surveys have shown the primary reasons people 
visit is to view natural scenery and wildlife. In surveys, visitors 
have also indicated that experiencing ``tranquility,'' ``peace and 
quiet,'' and ``getting away from crowds,'' are important components of 
their visit. However, there are gaps between these characteristics and 
visitors' satisfaction with them based on visitor surveys. For 
instance, visitors rated ``experiencing the tranquility'' as the sixth 
most important component of their visit, while their satisfaction with 
that characteristic was 18th. Similarly, ``experience peace and quiet'' 
was rated 14th in importance and 25th in satisfaction. ``Get away from 
crowds'' had the largest gap: it was the 17th in importance and 40th in 
satisfaction. This indicates that visitors feel that the values of 
tranquility, peace and quiet, and solitude are important and expected, 
but that they are often dissatisfied with their actual experience. The 
quality of the groomed surface is also an important indicator of 
visitor satisfaction with oversnow travel in Yellowstone. As roads are 
traveled by snowmobiles and snowcoaches they can develop bumps, also 
called moguls. On warm days with heavy snowmobile traffic, the road 
surface can become so deeply moguled as to render it unsafe for travel. 
Roads are groomed throughout the week, some on a daily basis, to 
mitigate this issue.

Wildlife

    Wintering wildlife in YNP and GTNP can be challenged for survival 
due to high snow depths, cold temperatures, and lack of available 
forage due to deep snow. Wildlife, especially bison and elk, are 
frequently encountered by travelers along park roadways. Scientific 
studies, case incident reports, and the experience of park staff 
indicate that disturbance occurs to wildlife due to some motorized 
oversnow recreation. This disturbance could come from a visitor, 
concessioner, or administrative use of snowmobiles or snowcoaches. 
Additionally, wildlife disturbance and harassment occurs from contact 
with some cross-country skiers and snowshoers, both on the roadway and 
in the backcountry. In spite of these contacts, there is not evidence 
that winter recreation is clearly responsible for any long-term adverse 
consequences to ungulate populations, including bison and elk. 
Currently both of these species are at sound population levels.

Impairment to Park Resources and Values

    In managing units of the National Park System, the NPS may allow 
activities that have both beneficial and adverse impacts on park 
resources and values. However, by the provisions of the laws governing 
the NPS, the NPS is prohibited from taking or authorizing any action 
that would result in adverse impacts so significant that they would, or 
are likely to, impair park resources and values. An impact would be 
more likely to constitute impairment to the extent that it affects a 
resource or value whose conservation is: (1) Necessary to fulfill 
specific purposes identified in the establishing legislation or 
proclamation of the park; (2) key to the natural or cultural integrity 
of the park or to opportunities for enjoyment of the park; or (3) 
identified as a goal in the park's general management plan or other 
relevant NPS planning documents.
    The FEIS ROD, dated November 22, 2000, concluded that, of the seven 
alternatives evaluated in the FEIS, only one (alternative G), which 
called for a phase-out of snowmobile use in the parks, did not exceed a 
level of impairment. This was the basis for selecting this alternative, 
as described in the rationale for the decision in the November 2000 
ROD. In all other FEIS alternatives, the existing snowmobile use in YNP 
was found to impair air quality, wildlife, the natural soundscape, and 
opportunities for the enjoyment of the park by visitors. In GTNP, 
impairment to the natural soundscape and opportunities for enjoyment of 
the park was found to result from the impacts of snowmobile and 
snowplane use. In the Parkway, impairment was found to result from 
snowmobile use on air quality, the natural soundscape, and 
opportunities for enjoyment of the park. These findings were made for 
all alternatives with snowmobile use, including those that would have 
required phased-in use of cleaner and quieter snowmobiles in accordance 
with set objectives for air and sound emissions. It was determined that 
there was no way to mitigate the impairment short of reducing the 
amount of use as determined by an effective carrying capacity analysis, 
or by imposing a suitable limit unsupported by such an analysis.
    The final rule implementing FEIS alternative G, published in the 
Federal Register on January 22, 2001, recognized that, ``achieving 
compliance with the applicable legal requirements while still allowing 
snowmobile use would require very strict limits on the numbers of both 
snowmobile and snowcoaches.'' Thus, through appropriate management 
actions, the January 2001 rule recognized that some snowmobile and 
snowcoach use could possibly be accommodated in the parks without 
resulting in an impairment to park resources and values.
    Final SEIS alternative 4, with limited modifications, was selected 
in the March 25, 2003, ROD for implementation, and will be implemented 
through this proposed rule. NPS believes that this alternative would 
not impair park resources or values when fully implemented for several 
reasons. Fundamental to this alternative is an adaptive management and 
monitoring strategy, which allows park managers to modify use numbers 
or take other actions if thresholds related to noise, air quality, 
wildlife, employee and visitor health and safety, and visitor 
experience are exceeded.

[[Page 51529]]

This alternative implements significant daily entry limits, which will 
result in fewer conflicts with wildlife, fewer air and sound emissions, 
and improved road conditions. Most snowmobilers entering the parks will 
be accompanied by a trained guide, which will reduce conflicts with 
wildlife and address concerns about safety. In addition, most 
snowmobiles and snowcoaches in the parks would be required to comply 
with air and sound requirements. For convenience, the snowmobile models 
that achieve those air and sound requirements are referred to as the 
best available technology (BAT). Use of BAT snowmobiles is expected to 
reduce the noise pollution and significantly reduce the amount of air 
pollution generated.
    At the time of the November 2000 ROD, there were no current means 
of mitigation that would assure impacts to air quality and the natural 
soundscapes resulting from unregulated recreational snowmobile use 
could be reduced, predictably and soon, to a level that would not 
generally impair these resources and values. Cleaner snowmobiles were 
not commercially available at that time, nor was mass production of 
such machines imminent. Today, this technology has changed dramatically 
and is available to the public. Some four-stroke snowmobiles are 
substantially cleaner than standard two-stroke machines and are capable 
of reducing hydrocarbon emissions by up to 95% and carbon monoxide 
emissions by up to 85%. In addition, some four-stroke snowmobiles are 
quieter than standard two-stroke machines, testing at approximately 73 
dB(A) versus 75-78 dB(A) for two-strokes.
    This decision also reflects a commitment to provide protection of 
park resources and values. The decision allows appropriate levels of 
visitor use while recognizing that winter in YNP, GTNP, and the Parkway 
is a unique experience not duplicated on other public lands. Such uses 
are in a manner that ensures protection of park resources and values. 
Finally, the decision reflects the Service's concern for working 
closely and cooperatively with gateway communities. Within the limits 
authorized by the Organic Act and other legal authorities applicable to 
winter use in the parks, for any park's programs to be truly 
successful, a strong collaborative relationship with gateway community 
partners is essential. This relationship has been demonstrated in our 
planning process both by the role of these communities through the 
states and counties as cooperating agencies and by the March 2003 ROD.
    Furthermore, the applicable laws and policies governing the NPS 
afford park managers broad discretion. We are led to the inevitable 
conclusion that there is no single decision with respect to snowmobiles 
mandated by these laws and policies. This is reflected by the ROD from 
November 2000, which would have phased out the recreational use of 
snowmobiles in these parks over several years, and the March 2003 ROD, 
which permits recreational snowmobile use under strict numerical and 
technological limits, with adaptive management, to respond to future 
impacts from motorized winter use in these parks. The strict 
requirements set forth in this proposed rule will allow for a 
reasonable level of recreational snowmobile use to continue in a manner 
which protects, not impairs, park resources and values.

Entrance Fees and Reservations

    Because of the absence of plowed roads and the limited facilities 
which are open within the parks in the winter, entrance to the parks 
via snowmobile or snowcoach is fundamentally different than visits 
during other seasons. As a practical matter, this proposed rule will 
effectively require that visitors wishing to enter Yellowstone via a 
snowmobile or snowcoach have an advance reservation. Therefore, 
entrance fees to Yellowstone will parallel this reservation system by 
becoming a daily entry fee system. Snowmobilers or snowcoach passengers 
wishing to enter the park over multiple days would still be able to 
purchase a multiple-day entry pass; however, visitors only entering the 
park on one day would now have the option of purchasing a one-day pass. 
In the past, the NPS has sold snowmobile entrance passes that allowed 
entry for seven consecutive days, however we wish to avoid the 
potential confusion to a visitor who might pay for a seven-day 
snowmobile entry fee, but only have reservations to actually enter the 
park for one day. We will be modifying our winter entry fees to reflect 
this distinction through a separate administrative process.

Description of the Proposed Rule

    Many of the regulations regarding over-snow transportation have 
been in existence at the park under the authority of 36 CFR Part 7 or 
36 CFR 1.5. Regulations such as the operating conditions, designated 
routes, and restricted hours of operation have been in effect and 
enforced by NPS employees for several years. They are included in this 
rule, with only slight modifications, to remind the public of all the 
regulations that apply to over-snow transportation for each park area. 
New regulations such as alcohol limits, BAT requirements, daily entry 
limits and guiding requirements are new and are explained in detail in 
this proposed rule.
    The NPS is proposing an adaptive management and monitoring strategy 
to mitigate the impacts described previously on air quality, employee 
and visitor health and safety, natural soundscapes, wildlife, and 
visitor experience, while allowing snowmobile access on all major 
oversnow routes in Yellowstone and Grand Teton National Parks and the 
John D. Rockefeller, Jr., Memorial Parkway. The NPS will continuously 
adapt these limits to protect park resources and values while allowing 
for the enjoyment of those resources by the American people. These 
preliminary limits are based on the best information available to the 
NPS, as described in the FSEIS. The NPS welcomes new information and 
data pertinent to its management of park resources and visitor use and 
will incorporate new information in the final rule and future adaptive 
management decisions as appropriate. In order to prevent impairment to 
park resources and values, this strategy requires implementation of the 
following components:

Monitoring and Adaptive Management

    Adaptive management allows park managers to take management actions 
as new information is collected about a specific resource or issue. The 
NPS will conduct monitoring of park resources and values, including air 
quality, employee and visitor health and safety, natural soundscapes, 
wildlife, and visitor experience. If analysis of the monitoring data 
identifies unacceptable impacts to park resources and values are 
occurring, management actions will be taken to remedy the problem. 
Examples of initial methods, indicators, thresholds, and management 
actions are identified in Attachment A of the March 25, 2003, Record of 
Decision. Attachment A is available online at http://www.nps.gov/grte/winteruse/winteruse.htm. These management actions could include, but 
are not limited to, adjustment of daily entry limits, adjustment of BAT 
requirements, closure of road segments, changes in the commercial to 
non-commercial guiding ratio, establishment of timed-entries, increased 
road grooming, and others.
    To allow for management flexibility (the premise of adaptive 
management) these proposed rules would authorize the Superintendent to 
make changes in winter use management, with advance public notice. For 
example, if improved snowmobile technologies became commercially 
available, the

[[Page 51530]]

Superintendent could further reduce the amount of air and sound 
emissions in the park units by requiring that cleaner and quieter 
machines be used. In such a case the parks generally would not initiate 
formal rulemaking or publish a notice in the Federal Register to effect 
changes in winter use management. Instead these changes would be 
authorized through these proposed rules. None of the actions in this 
proposed rule are intended to preclude road or other closures for 
safety, resource protection, or other reasons as identified in 36 CFR 
1.5.
    If monitoring or adaptive management leads park managers to take 
management actions, the Superintendent will provide appropriate public 
notice in accordance with 36 CFR 1.7(a). To provide the public with 
sufficient notice, changes in winter management of the parks would 
ordinarily be made by July 1 and implemented in a future winter season. 
The Superintendent will also report periodically to the public on 
monitoring results and justify any changes in winter use management. 
These changes would be based on analyses of the data collected from the 
parks' monitoring program.
    We are interested in soliciting comments from the public on other 
potential strategies and authorities to implement adaptive management, 
which allow park managers similar flexibility as the process described 
above. We recognize that adaptive management has only been formally 
used in a relatively few national parks, although parks have informally 
used it in the past.

Best Available Technology

    In recent years, some snowmobile manufacturers have made 
significant improvements at reducing air and sound emissions in some 
snowmobile models. The 2002 Arctic Cat 4-Stroke Touring and the 2002 
Polaris Frontier four-stroke represent the cleanest and quietest 
commercially available snowmobiles for which test data is available to 
the NPS. These snowmobiles are capable of reducing hydrocarbon 
emissions by 95-98% and carbon monoxide by 85%, as compared to a 
standard two-stroke snowmobile. In addition, four-stroke snowmobiles 
typically perform at full throttle at sound levels below 73 dB as 
measured on the A-weighted scale, as compared to two-stroke 
snowmobiles, which typically perform at 75-78 dB(A). Four-stroke 
snowmobiles also produce more even frequency spectra and are less 
audible over a distance, relative to two-stroke snowmobiles.
    Therefore, to mitigate impacts to air quality and the natural 
soundscape, NPS is proposing to require that initially, most 
recreational snowmobiles operating in the parks, and by the winter 
season of 2004-2005 all recreational snowmobiles in Yellowstone, be 
BAT. Initially BAT would be set at any snowmobile that can achieve a 
90% reduction in hydrocarbons and a 70% reduction in carbon monoxide 
from EPA's baseline assumptions for uncontrolled snowmobiles as 
published in the Federal Register on November 8, 2002 (67 FR 68241). 
The initial requirement is set lower than the test results from the 
2002 machines to allow more than one manufacturer the opportunity to 
produce snowmobiles that meet the requirements while allowing the NPS 
to achieve our air quality goals.
    Thus, any recreational snowmobile operating in YNP must achieve air 
emissions below 15 g/kW-hr for hydrocarbons and 120 g/kW-hr for carbon 
monoxide. Snowmobiles must be tested on a 5-mode engine dynamometer, in 
accordance with EPA's November 8, 2002, rule (67 FR 28241) with test 
data and methodology provided to NPS for review. The NPS is relying on 
the 5-mode engine dynamometer test because it is the standard testing 
procedure approved by the Environmental Protection Agency and because 
it was used in determining snowmobile emissions for the SEIS and it 
would allow for comparisons to be made amongst snowmobiles models. 
Other test methods could be approved by NPS on a case-by-case basis.
    Snowmobiles would also be required to operate at or below 73 dB(A), 
as measured at full throttle according to Society of Automotive 
Engineers J192 test procedures. The initial BAT requirement for sound 
was established by reviewing individual machine results from side-by-
side testing performed by the NPS' contractor, Harris Miller Miller & 
Hanson Inc. (HMMH) and the State of Wyoming's contractor, Jackson Hole 
Scientific Investigations (JHSI). These separate reports independently 
concluded that the six four-stroke snowmobiles tested between 69.6 and 
77.0 dB(A) using the J192 protocol. On average, the HMMH and JHSI 
studies measured four-strokes at 73.1 and 72.8 dB(A) at full throttle, 
respectively. The SAE J192 test also allows for a tolerance of 2 dB(A) 
over the sound limit to account for variations in weather, snow 
conditions, and other factors.
    Currently, little data exists on snowcoach emissions, with the 
exception of one laboratory study commissioned by the State of Wyoming 
which used a chassis dynamometer to measure emissions from one V-10 
powered Ford E-350 15-passenger van (Lela, Chad C. and Jeff L. White, 
2002). Field conditions in this study could not be replicated 
accurately in the laboratory because the percent of time a snowcoach 
operates in open-loop mode (with the throttle wide open, producing 
higher emissions) versus closed-loop mode (at normal throttle, 
producing extremely low emissions) is unknown. Running in snow on 
tracks requires more power than operation with wheels and thus the 
vehicle may operate in open-loop mode more frequently.
    Currently no industry standard air emissions testing procedure 
exists for snowcoaches that would be cost effective to implement in the 
field. Due to the cost, it would be impractical to use an engine or 
chassis dynamometer in the field to determine emissions of individual 
snowcoaches.
    There are approximately 55 snowcoaches currently operating in 
Yellowstone National Park. Under concessions contracts currently 
proposed, there could be as many as 69 snowcoaches authorized. 
Approximately 29 snowcoaches operating in the park were manufactured by 
Bombardier and were designed specifically for oversnow travel. Those 29 
snowcoaches were manufactured prior to 1983 and are referred to as 
``historic snowcoaches'' for the purpose of this rulemaking. All other 
snowcoaches are 12 to 15-passenger vans that have been converted for 
oversnow travel using tracks and/or skis.
    The March 2003 ROD called for snowcoach air emissions to be no 
greater than 15 g/kW-hr for hydrocarbons and 120 g/kW-hr for carbon 
monoxide by the winter of 2005-2006. However, we do not believe it is 
currently feasible to enforce this requirement as there is insufficient 
information to establish testing procedures.
    Therefore, we are proposing to require that all snowcoaches meet 
the EPA's standards that were in existence at the time the vehicle was 
manufactured. Most of these vehicles achieve EPA's Tier 1 emissions 
standards, which were phased-in from 1994-1996. To ensure that vehicles 
were meeting EPA's emissions standards, we would require that the 
vehicle's original pollution control equipment had not been modified or 
tampered with. Snowcoach owners would be required to certify to the NPS 
and make available for inspection upon NPS'' request, that the 
vehicle's pollution control equipment is as originally manufactured.

[[Page 51531]]

    EPA's Tier 1 standards require that emissions from vehicles be 
extremely clean. In comparison with four-stroke snowmobiles, 
snowcoaches operating within EPA's Tier 1 standards are cleaner, 
especially given their ability to carry up to seven times more 
passengers (Lela and White 2002). In addition, in 2004 EPA will begin 
phasing-in Tier 2 emissions standards for multi-passenger vans, and 
will be fully phased-in by 2009. Tier 2 standards will require that 
vehicles be even cleaner than Tier 1. Tier 2 standards would also 
significantly reduce the open loop mode of operation. If Tier 2 
vehicles are converted to snowcoaches, then the emissions attributable 
to them would be further reduced in the parks.
    If any of the vehicle's pollution control equipment, including the 
catalytic converter, associated piping, and other related parts that 
may release CO, HC or PM emissions in the event of mechanical failure 
or deterioration, had exceeded its useful life as published by the EPA, 
then the owner would be required to replace it. Generally, useful life 
for new vehicles (since 1996) is 120,000 miles or 11 years, whichever 
comes first. NPS is proposing that if a snowcoach owner was required to 
replace any pollution control equipment under this requirement, the new 
pollution control equipment would be required to be original equipment, 
if available from the vehicle's manufacturer, versus after-market 
equipment. If original equipment is no longer available snowcoach 
owners could then install after-market equipment. We are proposing that 
snowcoach owners install original equipment if available because it 
generally has a longer useful life and may be more efficient in 
reducing pollutants, although both are certified to the same level of 
emissions reduction. We are requesting comments on whether original 
equipment or other, including after market, equipment is more 
appropriate when replacing the pollution control equipment with respect 
to emission reduction and cost.
    These air emissions requirements would be implemented during the 
2005-2006 winter season.
    NPS would continue to work with snowcoach owners, researchers, and 
other experts during the winters of 2003-2004 and 2004-2005 to better 
understand snowcoach emissions and to determine the most effective 
field testing methods. We ultimately intend to require that snowcoaches 
achieve numerical performance-based limits for emissions before being 
allowed entry into the park. We may propose a special regulation in the 
future to establish specific numerical performance based air and sound 
emission requirements for snowcoaches.
    For sound emissions, snowcoaches would be required to operate at or 
below 75 dB by the winter of 2008-2009, as measured at 25 mph on the A-
weighted scale at 50 feet. This test would be similar to Society of 
Automotive Engineers J1161 procedures except that snowcoaches would 
maintain a speed of 25 mph which is a typical snowcoach operating speed 
and 10 mph faster than the J1161 procedures prescribe. NPS intends to 
test and certify individual snowcoaches in a field setting because of 
the number of different makes, models, and years of manufacture being 
used in the parks and the fact that sound emissions vary from vehicle 
to vehicle. We are proposing to allow additional time to phase-in air 
and sound requirements for snowcoaches because of the substantial 
investment required to upgrade snowcoach technology and to encourage 
additional investment in mass transit snowcoaches.
    Historic snowcoaches (defined as a Bombardier snowcoach 
manufactured in 1983 or earlier) would initially be exempt from air and 
sound requirements; however NPS will work with snowcoach owners to 
retrofit historic snowcoaches to meet the air and sound requirements. 
We are initially exempting historic snowcoaches from air and sound 
requirements to maintain the character of winter motorized oversnow 
travel. We also believe it is reasonable and prudent to work with 
outfitters and concessioners to determine how best to upgrade their 
equipment.
    Beginning with the winter season of 2003-2004, all commercially 
guided snowmobiles operating within YNP would be required to be BAT. 
Beginning with the winter season of 2004-2005, all snowmobiles would be 
required to be BAT.
    In GTNP and the Parkway, all snowmobiles operating on the 
Continental Divide Snowmobile Trail (CDST) and Jackson Lake must be BAT 
starting in 2004-2005. BAT requirements would also apply to all 
snowmobiles originating at Flagg Ranch and traveling west on the Grassy 
Lake Road. Snowmobiles originating in the Targhee National Forest and 
traveling eastbound on the Grassy Lake Road would not be required to 
utilize BAT; however, these snowmobiles could not travel further than 
Flagg Ranch. We are allowing this exception because the Grassy Lake 
Road in the Parkway is approximately 6 miles long, snowmobiles are not 
required to be BAT on U.S. Forest Service lands, and the NPS wishes to 
honor the request of the USFS that these visitors be able to access 
food, fuel, and other amenities available at Flagg Ranch. Any 
commercially guided snowmobiles authorized to operate in the Parkway or 
Grand Teton will be required to be BAT beginning with the winter season 
of 2003-2004.
    NPS will annually publish a list of snowmobile makes, models, and 
year of manufacture that meet BAT requirements. The NPS intends to rely 
on certified air and sound emissions data from the private sector 
rather than establish its own independent testing program, which would 
be cost prohibitive. NPS intends to work cooperatively with the private 
sector--guides and outfitters as well as manufacturers--in the 
preparation of such lists. Each snowmobile model would be approved for 
entry into the parks for six winter seasons after it was first listed. 
Based on NPS experience, six years represents the typical useful life 
of a snowmobile, and thus six years provides purchasers with a 
reasonable length of time where operation is allowed once a particular 
model is listed as being compliant. Individual snowmobiles modified in 
such a way as to increase sound and air emissions of HC and CO beyond 
the proposed emission requirements would be denied entry to the parks. 
Currently, the NPS has sufficient test data on the 2002 Arctic Cat 4-
Stroke and the 2002 Polaris Frontier to determine that they meet the 
BAT requirements. No other snowmobiles would be allowed entry into the 
parks unless they were subjected to the testing described above and met 
the BAT requirements herein proposed.
    For both snowcoaches and snowmobiles, it would be the 
responsibility of the end users, guides and outfitters (or private 
snowcoach owners to the extent they are permitted for entry into the 
parks) to ensure that their oversnow vehicles comply with all 
applicable requirements.
    Under the adaptive management framework, BAT requirements could be 
adjusted annually to protect park resources and values, including air 
quality, natural soundscapes, wildlife, visitor experience, and 
employee health and visitor safety. The process for changing air and 
sound requirements is described previously in ``Monitoring and Adaptive 
Management.'' When adjusting the BAT requirements, one of the facts the 
NPS will consider is the best available technology in the snowmobile 
market. If there is a substantial improvement in the

[[Page 51532]]

snowmobile technology with respect to air and sound emissions, the NPS 
may consider adjusting these limits to reflect the best available 
technology. Based on technology improvements in the past few years, NPS 
expects that snowmobile technology will continue to improve, further 
reducing air and sound emissions. However, if technology worsens, the 
daily entry limits could be further restricted to protect park 
resources and values.
    The NPS is interested in obtaining public comments on the issue of 
specifically how compliance with BAT should be determined, and what 
procedures NPS would use. For instance, we have preliminarily 
identified at least two methods that we could use to determine if 
snowmobiles are BAT-compliant. One method would be to average the 
manufacturer's Official Test Results (OTR). These tests are preformed 
by manufacturers in order to comply with EPA's snowmobile regulations 
(67 FR 68241), and reflect the actual emissions of snowmobiles. Another 
method would be to use the average Family Emissions Limit (FEL), which 
are the emissions limits that manufacturers certify to EPA for a 
specific engine class of snowmobiles. FELs will likely be set somewhat 
higher (i.e., to allow for more emissions) than OTRs to account for 
variances in production and insure that individual snowmobiles do not 
exceed the FELs.
    The restrictions on air and sound emissions proposed in this rule 
is not a restriction on what manufacturers may produce but an end-use 
restriction on which commercially produced snowmobiles and snowcoaches 
may be used in the parks. The NPS Organic Act (16 U.S.C. 1) authorizes 
the Secretary of the Interior to ``promote and regulate'' the use of 
national parks ``by such means and measures as conform to the 
fundamental purpose of said parks * * * which purpose is to ``conserve 
the scenery and the natural and historic objects and the wild life 
therein and to provide for the enjoyment of the same in such manner and 
by such means as will leave them unimpaired for the enjoyment of future 
generations.'' Further, the Secretary is expressly authorized by 16 
U.S.C. Sec.  3 to ``make and publish such rules and regulations as he 
may deem necessary or proper for the use and management of the parks * 
* *.'' This exercise of the NPS Organic Act authority is not an effort 
by the NPS to regulate manufacturers and is consistent with Sec. 310 of 
the Clean Air Act.
    Since 2001, Yellowstone and Grand Teton National Parks have been 
converting their own administrative fleet of snowmobiles to four-stroke 
machines. These machines have proven successful in use throughout the 
parks. NPS intends to continue to purchase these snowmobiles for most 
administrative uses. However, we recognize that some administrative 
applications, such as off-trail boundary patrols outside the park in 
deep powder, towing heavy equipment or disabled sleds, or law 
enforcement uses may require additional power beyond that supplied by 
existing 4-stroke snowmobiles. In these limited cases, NPS may use 
snowmobiles that exceed BAT requirements proposed in this rule.

Use of Trained Guides

    To mitigate impacts to wildlife and visitor and employee safety, 
all recreational snowmobiles operated in Yellowstone National Park must 
be accompanied by a trained guide. During the development of the SEIS 
and the ROD, the NPS was requested to develop an alternative to 
commercially guided snowmobiles. As a result we are proposing that 
eighty percent of the authorized daily snowmobile entries through each 
entrance be allocated to commercially guided tours under concessions 
contracts similar to those currently operating in the parks. The 
remaining twenty percent of daily authorized snowmobile entries will be 
available for non-commercially guided trips that require a trained 
member of the group to be authorized by NPS to lead a group of 
snowmobilers. The NPS has set the current 80:20 ratio to allow the 
public an opportunity to visit the park at their own pace through 
private groups. This initial ratio is based on an NPS expectation of 
success in mitigating wildlife impacts through a variety of guiding 
alternatives. The NPS will analyze how well the non-commercial guide 
program works to minimize impacts on wildlife and enhance visitor 
safety, and through the adaptive management process may revise this 
ratio in future years.
    Beginning with the winter season of 2003-2004, eighty percent of 
daily snowmobile entries through each Yellowstone entrance must be 
accompanied by a commercial guide. In order to provide adequate time 
for the development and implementation of the non-commercial guiding 
program, for the winter 2003-2004 only, non-commercial guides will not 
be required; however, private snowmobile parties will be required to 
travel in groups. Beginning with the winter season of 2004-2005, all 
snowmobiles in YNP must be accompanied by a guide, either through a 
concession or by an authorized non-commercial guide.
    In Grand Teton and the Parkway, all snowmobile parties traveling 
north from Flagg Ranch must be accompanied by a guide, with the same 
phase-in as described above for YNP. All other snowmobilers in Grand 
Teton and the Parkway do not have to be accompanied by a guide. Thus, 
in the winter of 2003-2004, eighty percent of the authorized entries 
via the South Gate at YNP are allocated to commercially guided parties, 
and twenty percent to individuals without guides. The use of guides in 
Grand Teton and the Parkway is not otherwise required due to the low 
volume of use, the conditions for access to Jackson Lake for winter 
fishing, the through road characteristics of the CDST, as well as the 
inter-agency jurisdiction on the Grassy Lake Road.
    Under the adaptive management framework, requirements for use of 
guides, including the commercial to non-commercial guide ratio, could 
be adjusted annually to protect park resources and values, including 
air quality, natural soundscapes, wildlife, visitor experience, and 
employee health and visitor safety.
    Non-commercial guides will be required to successfully complete a 
training program approved by NPS that would address park rules, safety 
considerations, and appropriate actions to minimize impacts to wildlife 
and other park resources. The NPS has not fully developed the training 
course but will be working with private groups to develop a curriculum 
and make the training widely available to the public through private 
businesses by the winter of 2004-2005. The NPS will require individuals 
seeking a non-commercial guide certification to successfully complete 
the training course. The training provider will need to define 
``successfully'' in order to ensure that the attendee has met the NPS 
objectives of the course.
    Members of non-commercial guide parties may not compensate anyone, 
either directly or indirectly, for non-commercial guiding services. The 
NPS intends that the provision for non-commercial guides is to 
accommodate requests that the public have alternatives to using 
commercial guiding services, and thus no business transaction of any 
kind may take place in association with non-commercial guiding 
services. For example, a non-commercial guide may not provide a guiding 
service to someone in exchange for his or her employer receiving 
compensation in order to classify the activity as a non-commercial 
guiding service.
    Commercial guides are also educated in safety, interpretive skills, 
and

[[Page 51533]]

appropriate actions to minimize impacts to resources and other 
visitors. Commercial guides receive more rigorous training and perform 
guiding duties, usually, as employees of a business. A commercial guide 
is defined as a guide who is hired by park visitors for a fee or 
compensation, as opposed to a non-commercial guide, who may not receive 
compensation or fees. Any person who guides for a fee or compensation 
must do so under a contract with the NPS to operate as a business 
within the boundaries of a park unit. Commercial guides are employed by 
local businesses. Those jobs are not performed by NPS employees.
    Guided groups must contain from 2 to 11 snowmobiles, including the 
guide's machine. This would apply to commercial and non-commercial 
groups. Individual snowmobiles may not be operated separately from a 
group within the park. A minimum group size of two was established to 
require the public to concentrate snowmobiles together in order to 
reduce the frequency of wildlife encounters along the roadways. In this 
respect, guided parties will more closely resemble the ``mass transit'' 
aspect of snowcoach use. A maximum group size of 11 was established so 
that no one party would be so large that a single guide could not 
safely direct and manage all party members.
    Except in emergency situations, guided parties must travel together 
and remain within a maximum distance of one-third mile of the first 
snowmobile in the group. This will insure that guided parties do not 
get spread too far out. One-third mile will allow for sufficient and 
safe spacing between individual snowmobiles within the guided party, 
allow the guide to maintain control over the group and minimize the 
impacts on wildlife.

Initial Daily Snowmobile Entry Limits

    The number of snowmobiles that could enter the parks each day would 
be limited under this rule. These limits are intended to mitigate 
impacts to air quality, employee and visitor health and safety, natural 
soundscapes, wildlife, and visitor experience, while providing the 
opportunity to maintain historical levels of visitation to the parks 
with the use of snowcoaches. Once the daily snowmobile entry limits are 
reached, the only other means of public motorized access will be 
through the use of snowcoaches. No limits on snowcoach numbers are 
intended at this time, but could be considered in the future as part of 
the adaptive management process. The initial entry limits are 
identified in Table 1. Use limits identified in Table 1 include guides; 
thus both commercial and non-commercial guides are counted towards the 
daily entry limits. The NPS considered suggestions to not count guides 
themselves within these limits, but believe this suggestion would 
constitute a de facto increase in use from the levels being authorized. 
For YNP, the daily entry limits are identified for each entrance; for 
GTNP and the Parkway, the daily limits apply to total snowmobile use on 
the road segment.
    Those limits are listed in the following table:

                                 Table 1.--Initial Daily Snowmobile Entry Limits
----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Number of non-
                                                                   commercially-   commercially    Total number
                                                                      guided          guided        snowmobile
                   Park entrance/road segment                       snowmobile      snowmobile       entrance
                                                                     entrance        entrance         passes
                                                                      passes        passes \1\
----------------------------------------------------------------------------------------------------------------
YNP--North Entrance.............................................              40              10              50
YNP--West Entrance..............................................             440             110             550
YNP--South Entrance.............................................             200              50             250
YNP--East Entrance..............................................              80              20             100
GTNP and the Parkway--Total Use on Continental Divide Snowmobile             N/A             N/A          \2\ 75
 Trail \3\......................................................
Parkway--Total Use Grassy Lake Road.............................             N/A             N/A          \2\ 75
Jackson Lake....................................................             N/A             N/A         \2\ 40
----------------------------------------------------------------------------------------------------------------
\1\ In the 2003-2004 winter season only, these entries would be available for unguided parties of 2 to 11
  snowmobiles, to allow sufficient time to develop and implement a non-commercial guide training program.
\2\ These users do not have to be accompanied by a guide.
\3\ The Continental Divide Snowmobile Trail lies within both GTNP and the Parkway. The 75 daily snowmobile use
  limit applies to total use on this trail in both parks.

    These daily entry limits would be implemented beginning with the 
winter season of 2003-2004. Adaptive management and monitoring programs 
would be implemented to allow the interim numbers to be assessed 
annually. The results of the adaptive management program would 
determine the need for increasing or decreasing snowmobile numbers to 
ensure adequate protection of park resources and values, including air 
quality, employee and visitor health and safety, natural soundscapes, 
wildlife, and visitor experience. For instance, if air quality 
monitoring, based on EPA protocols, shows that conditions near a park 
entrance or along a road segment are inconsistent with the goals set 
forth in the March 2003 ROD, the daily entry limits could be reduced to 
protect air quality. In addition, should NPS adjust BAT requirements, 
daily entry limits might also be increased or decreased.
    The purpose of these caps is to impose strict limits on the numbers 
of snowmobiles that may use the parks in order to minimize resulting 
impacts. Compared to historical use where peak days found as many as 
1,700 snowmobiles in the parks, these caps represent a reduction. While 
the caps allow in theory for some growth in daily average snowmobile 
use, it is uncertain at best whether the former peak day users who are 
now foreclosed will shift their snowmobile use to what were the 
previously less busy days. While NPS does not expect this to result in 
an actual increase in snowmobile usage from historic levels, the 
adaptive management process will be used to address impacts not 
presently foreseen.
    The daily snowmobile entry limits were derived based on several 
factors. First, the daily limits are based on the analysis contained in 
the SEIS, which concluded that these entry limits, combined with other 
elements of this rule, would prevent impairment to park resources and 
values while allowing for an appropriate range of experiences available 
to park visitors. Second, they approximate at minimum the historic

[[Page 51534]]

average daily use at each entrance. At some entrances where park 
managers believe additional use could be accommodated without 
unacceptable impacts to park resources or values, the daily limits 
allow for growth beyond the historic daily averages.
    During the winter of 2003-2004, reservations for private, unguided 
snowmobile parties may be made by contacting Xanterra Parks and Resorts 
at 307-344-7311. Every snowmobile a group uses in Yellowstone would 
require a reservation; thus, a group of four people riding double on 
two snowmobiles would need two reservations each day they snowmobile in 
the park. Reservations for commercially guided trips may be made by 
contacting the guide. The NPS is currently soliciting bids for 
commercially guided snowmobile concessions. Once guides are selected we 
will post a list of authorized commercial guides on our Web site at 
http://www.nps.gov/yell.
    Visitors who go in and out of the park in a single day will be 
counted against entrance limits only at the initial entrance gate. For 
instance, a group that enters Yellowstone through the North Entrance, 
exits the park that afternoon to have lunch in West Yellowstone and re-
enters the park through the West Entrance would only count towards the 
daily limits at the North Entrance.
    Visitors who enter the parks through one entrance, exit at another 
entrance in order to spend that night out of the park, and then re-
enter on the following day will be counted towards the daily entry 
limits on the following day. Snowmobile parties' subsequent entries 
will count towards the entry limits at whatever entrance station they 
first entered at the start of their trip. In the March 2003 ROD, NPS 
did not require that these entries be counted. After further 
consideration, the NPS believes that counting these entries will 
simplify management of snowmobile entries and the reservation system, 
will be less confusing to the public, and will keep the daily level of 
snowmobile use within the scope of the SEIS analysis.
    Non-commercial groups would be required to have obtained by an 
advance reservation a daily entry pass, for the first entrance they 
intend to use on the first day of their trip and subsequent entries 
would be counted against the entrance gate they initially entered the 
park through. Thus, a non-commercial group entering at the West 
Entrance and spending the night outside the park would count towards 
the daily entry limits at the West Entrance each day the snowmobile is 
in the park, regardless of the entrance through which they actually re-
enter.
    Commercial groups would be counted each day towards their allocated 
number of daily entries at their base entrance as specified in their 
concessions contract. Thus, a commercial group entering at the West 
Entrance and spending the night outside the park would count against 
their allocation at their base entrance (West Entrance), not the 
entrance through which they actually enter on subsequent days.
    Visitors by snowmobile spending the night in Yellowstone, such as 
at Old Faithful or Canyon Yurt Camp, would count towards the entry 
limit for each day they are in the park. These provisions could be 
modified through adaptive management.
    Initially, snowmobiles rented at Old Faithful by an authorized 
concessioner will not count against daily entry limits. Currently, 
approximately 25 snowmobiles are available for rent at Old Faithful, 
and NPS controls the level of use through the concessions contract. 
Guiding requirements would apply to these snowmobile rentals. We do not 
intend for this snowmobile rental operation to substantially increase. 
This provision could be modified through adaptive management should 
monitoring detect unacceptable impacts to park resources and values.

NPS Park Passes and Fees

    Because of past experiences with large groups on numerous 
snowmobiles, the NPS wishes to make clear the existing parameters on 
the use of NPS-issued Park Passes that permit entry into the park for 
free or at a reduced rate. Existing regulations regarding the various 
passes issued by the NPS specifically limit the number of people who 
may gain entrance to the park under a single passport or pass. The 
intent in the existing regulations is to admit, for free or at a 
reduced rate, only those persons occupying the same motor vehicle as 
the pass holder. Those regulations also specifically state that a 
second vehicle associated with this group but not occupied by the pass 
holder will be charged at the single-visit rate.
    To carry that intent into winter use, the NPS wants to make clear 
that only the persons riding on the snowmobile with the passport or 
pass holder and their immediate family (spouse, parents, and children 
under the age of 21) may enter at the same fee rate as the passport or 
pass holder. No other associated persons or snowmobiles will be 
permitted entry at the reduced fee rate.
    Lastly, the NPS is concerned about members of the public purchasing 
entrance reservations and reselling them for a personal profit since 
there will be a limited number of daily reservations available for non-
commercial entrances. Therefore, the NPS is seeking comments on whether 
to prohibit the reselling of entrance reservations and by what means.

What Terms Do I Need To Know?

    The NPS has added definitions for oversnow vehicle and designated 
oversnow route. Additionally, we have added definitions for commercial 
and non-commercial guides and have discussed those definitions at 
length earlier in this proposed rule. For snowmobiles, we are using the 
definition found at 36 CFR 1.4, as there is no need to alter that 
definition at this time. For the sake of clarity and ease, we are 
reiterating that definition again in this section. Earlier rulemakings 
specific to Yellowstone, Grand Teton and the Parkway referenced 
``unplowed roadways'' and that terminology was changed to ``designated 
oversnow routes'' to more accurately portray the condition of the route 
being used for oversnow travel. Despite this terminology change, these 
routes will remain on roads or water surfaces used by motor vehicles 
and motorboats during other seasons. Previous rulemakings also referred 
only to snowmobiles or snowcoaches. Since there is a strong likelihood 
that new forms of machines will be developed that can travel on snow, a 
broader definition was developed to insure that such new technology 
remained subject to regulation. When a particular requirement or 
restriction only applies to a certain type of machine (for example: 
some concession restrictions only apply to snowcoaches) then the 
specific machine is stated and only applies to that type of vehicle, 
not all oversnow vehicles. However, oversnow vehicles that do not meet 
the strict definition of a snowcoach (i.e., both weight and passenger 
capacity) would be subject to the same requirements as snowmobiles. The 
definitions listed under Sec.  7.13(l)(1) will apply to all three 
parks. These definitions may be further clarified based on changes in 
technology.

Where Must I Operate My Snowmobile in the Park?

    Specific routes are listed where snowmobiles may operate, but this 
proposed rule also provides latitude for the Superintendent to modify 
those routes available for use. When determining what routes are 
available

[[Page 51535]]

for use, the Superintendent will use criteria that are the same as 
those set forth in Sec.  2.18(c), and may also take other issues into 
consideration including the most direct route of access, weather and 
snow conditions, the necessity to eliminate congestion, the necessity 
to improve the circulation of the visitor use patterns in the interest 
of public safety and protection of park resources. The criteria 
mentioned above are reiterated in this section since winter use 
management in these parks will not be specifically subject to Sec.  
2.18.
    Snowmobiles authorized to operate on the frozen surface of Jackson 
Lake may gain access to the Lake by trailering their snowmobiles to the 
parking areas near the designated access points via the plowed roadway. 
There is no direct access from the CDST to Jackson Lake and use limits 
established for each area are distinctly separate.

What Other Conditions Apply to the Operation of Oversnow Vehicles?

    A similar section existed in previous snowmobile regulations 
entitled ``What other conditions are placed on snowmobile and snowcoach 
operations?'' and addressed many of the same issues. A few minor 
changes were made to those operating requirements, including modifying 
the operating hours by one hour, limiting idling to 5 minutes at any 
one time, and no longer allowing operation of a snowmobile by persons 
holding only a learner's permit. These modifications were made based on 
experiences over the last few winters with winter use operations and 
the need to adjust requirements for safety and resource impact 
considerations.

What Conditions Apply to Alcohol Use While Operating an Oversnow 
Vehicle?

    Although the regulations in 36 CFR 4.23 apply to oversnow vehicles, 
additional regulations were needed to address the issue of under-age 
drinking while operating a snowmobile and snowcoach operators or guides 
operating under the influence while performing services for others. 
Many states have adopted similar alcohol standards for under-age 
operators and commercial drivers and the NPS feels it is necessary to 
include these regulations specifically to help mitigate potential 
safety concerns.
    The alcohol level for minors (anyone under the age of 21) is set at 
.02. Although the NPS endorses a ``zero tolerance'', a very low Blood 
Alcohol Content (BAC) is established to avoid a chance of a false 
reading. Mothers Against Drunk Driving and other organizations have 
endorsed this enforcement posture and the NPS agrees that under-age 
drinking and driving, particularly in a harsh winter environment, will 
not be allowed.
    In the case of snowcoach operator or guides, a low BAC limit is 
also necessary. Those persons operating a snowcoach are likely to be 
carrying 8 or more passengers in a vehicle with tracks or skis that is 
more challenging to operate than a wheeled vehicle, and along oversnow 
routes that could pose significant hazards should the driver not be 
paying close attention or have impaired judgement. Similarly, persons 
guiding others (commercially or non-commercially) on a snowmobile have 
put themselves in a position of responsibility for the safety of other 
visitors and of minimizing impacts to park wildlife and other 
resources. Should the guide's judgement be impaired, hazards such as 
wildlife on the road or snow obscured features, could endanger all 
members of the group in an unforgiving climate. For these reasons, the 
NPS is requiring that all guides be held to a stricter than normal 
standard for alcohol consumption. Therefore, the NPS has established a 
BAC limit of .02 for snowcoach operators and snowmobile guides. Again, 
the NPS endorses a ``zero tolerance'' but provides a minimal amount of 
latitude to avoid false positive readings. Should a snowcoach operator 
or snowmobile guide be found to have a BAC above .02, their 
authorization to serve as an operator or guide will be suspended and a 
fine may be imposed.

Do Other NPS Regulations Apply to the Use of Oversnow Vehicles?

    These regulations propose to supercede the NPS' general 
snowmobiling regulations at 36 CFR 2.18 in order to avoid confusion as 
to how two separate bodies of snowmobile regulation interrelate. 
Relevant portions of 36 CFR 2.18 have been incorporated within these 
proposed regulations. The proposed rule also supercedes 36 CFR 2.19(b) 
because it provides for the towing of people behind an oversnow 
vehicle. The proposed rule prohibits towing of persons on skis, sleds, 
or other sliding devices by motor vehicle or snowmobile, except in 
emergency situations. Towing people, especially children, is a 
potential safety hazard and health risk due to road conditions, traffic 
volumes, and direct exposure to snowmobile emissions. This rule does 
not affect supply sleds attached by a rigid device or hitch pulled 
directly behind snowmobiles or other oversnow vehicles as long as no 
person or animal is hauled on them. Other provisions of 36 CFR Parts 1 
and 2 continue to apply to the operation of oversnow vehicles unless 
specifically excluded here.

Are There Any Other Forms of Non-Motorized Oversnow Transportation 
Allowed in the Park?

    YNP has specifically prohibited dog sledding and ski-joring (the 
practice of a skier being pulled by dogs or a vehicle) to prevent 
disturbance or harassment to wildlife. These restrictions have been in 
place for several years under regulatory authority and would now be 
codified in these regulations.

May I Operate a Snowplane?

    Prior to the winter of 2002-2003, snowplanes were allowed on 
Jackson Lake within GTNP under a permit system, but not authorized for 
operation in YNP or the Parkway. The operation of snowplanes is now 
prohibited in all three parks, and this rule continues that 
prohibition. To avoid any uncertainty from this previous use on Jackson 
Lake, this proposed rule includes language that specifically prohibits 
the operation of snowplanes in each of these parks.

Is Violating Any of the Provisions of This Section Prohibited?

    While writing this rule, park staff became concerned that a 
statement did not exist specifically prohibiting violations of this 
section. Some Magistrates have interpreted the lack of a specific 
prohibitory statement to be ambiguous and therefore unenforceable. 
Although it would seem to be implicit that each instance of a failure 
to abide by specific requirements is a separate violation, the proposed 
regulation contains clarifying language for this purpose. Each 
occurrence of non-compliance with these regulations is a separate 
violation. However, it should also be noted that each individual 
regulatory provision (i.e., numbered in separate subparagraphs 
throughout these three sections) could be violated individually and are 
of varying severity. Thus, each subparagraph violated can and should 
receive individual fines in accordance with the issuance of the park's 
bail schedule as issued by the appropriate Magistrate. It is not 
intended that violations of the individual subparagraphs of these 
regulations be treated as a single violation or subject only to a 
single fine.

Summary of Economic Analysis

    In support of the proposed rulemaking, NPS conducted a draft 
benefit-cost analysis and regulatory flexibility analysis. In support 
of the final rulemaking, a quantitative benefit-cost analysis will be 
conducted in

[[Page 51536]]

which the expected effects of the final rule would be monetized. The 
quantitative benefit-cost analysis will draw on data gathered from a 
survey of winter visitors to Yellowstone and Grand Teton National Parks 
conducted during the 2002-2003 winter season. A draft report on the 
survey will be released in conjunction with the draft benefit-cost 
analysis issued in support of the proposed rulemaking. Selected 
preliminary results from the survey were used to inform the draft 
benefit-cost analysis. The final report on the winter visitor survey 
will be released in conjunction with the quantitative benefit-cost 
analysis of the final rule. For the purposes of this benefit-cost 
analysis, Alternative 1b, as implemented by the 2002 ``delay rule'', 
represents the baseline against which other alternatives are compared. 
Under this baseline, most snowmobile use would be prohibited in the 
parks as of the winter of 2004-2005, with restrictions on snowmobile 
use phased in during the winter of 2003-2004. Alternatives 2, 3, and 4, 
as discussed in the FSEIS, allow for continued recreational snowmobile 
use subject to daily limits on the number of snowmobiles that can enter 
the parks. This rulemaking proposes to promulgate alternative 4, with a 
few modifications.
    The primary beneficiaries of Alternatives 2, 3, and 4 are the park 
visitors who ride snowmobiles in the park and the businesses that serve 
them. Benefits accruing to individual visitors are called consumer 
surplus gains and those accruing to businesses are called producer 
surplus gains. Consumer surplus measures the net economic benefit 
obtained by individuals from participating in their chosen activities, 
while producer surplus measures the net economic benefit obtained by 
businesses from providing services to individuals. Overall, Alternative 
2 should provide greater consumer surplus benefits to snowmobile riders 
than Alternatives 3 and 4, since it is less restrictive with respect to 
entry limits, snowmobile emission standards, and guiding requirements. 
As with the benefits described above, the costs of any alternative are 
measured relative to the baseline conditions. The primary group that 
would incur costs under Alternatives 2, 3, and 4 would be the park 
visitors who do not ride snowmobiles and the businesses that provide 
services to these visitors, as well as members of the general public 
who place a value on protecting park resources from the negative 
externalities associated with snowmobile use. Out of the set of 
alternatives that allow for continued snowmobile access to the parks, 
Alternative 3 is expected to impose the lowest costs on non-snowmobile 
users who are adversely affected by snowmobile use because of the lower 
daily limits, stricter emission limits and guided tour requirement 
relative to Alternatives 2 and 4. Alternative 4 is expected to impose 
only slightly higher costs on non-snowmobile users than Alternative 3, 
with the biggest difference between Alternatives 3 and 4 coming from 
the higher daily use limits under Alternative 4.
    Balancing the benefits and the costs presented in this section, 
Alternative 4, as proposed in this rulemaking, provides for increased 
consumer surplus for snowmobile riders while containing provisions that 
should help mitigate the costs imposed on those visitors who are 
affected by the negative externalities imposed by snowmobiles.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 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. These conclusions are based on the analysis contained in 
the Final SEIS and a report we commissioned on the economic impact of 
this regulation, ``Proposed Regulations on Snowmobile Riding in the 
Greater Yellowstone Area,'' MACTEC Engineering and Consulting, August 
2003.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. 
Implementing actions under this rule will not interfere with plans by 
other agencies or local government plans, policies, or controls since 
this is an agency specific change.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. It only affects the use of over-snow machines within 
specific national parks. No grants or other forms of monetary 
supplement are involved.
    (4) This rule may raise novel legal or policy issues. The issue has 
generated local as well as national interest on the subject in the 
Greater Yellowstone Area. The NPS received nearly 360,000 public 
comment letters on the draft SEIS. Additionally, this is only the 
second NPS regulation to use an adaptive management strategy for 
managing visitor use levels. That concept, coupled with new provisions 
for Best Available Technology engine requirements, make this proposed 
rule unique to the NPS.

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.). 
This certification is based on information contained in the reports 
entitled ``Winter 2002-2003 Visitor Survey: Yellowstone and Grand Teton 
National Parks'' (MACTEC Engineering and Consulting, Inc. August 2003) 
and ``Proposed Regulations on Snowmobile Riding in the Greater 
Yellowstone Area'' (MACTEC Engineering and Consulting, Inc. August 
2003). These reports are available in their draft form on the 
Yellowstone website. Final versions of these reports will be available 
upon publication of the final rule.

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.
    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 
rulemaking has no effect on methods of manufacturing or production and 
specifically affects the Wyoming region, not national or U.S. based 
enterprises.

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. It addresses public 
use of national park lands, and imposes no requirements on other 
agencies or governments.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant

[[Page 51537]]

takings implications. Access to private property located within or 
adjacent to the parks will still be afforded the same access during 
winter as before this rule. No other property is affected.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. It addresses public use of national park lands, 
and imposes no requirements on other agencies or governments.

Civil Justice Reform (Executive Order 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

    A Final Supplemental Environmental Impact Statement has been 
completed and a Record of Decision issued. The Final SEIS and ROD are 
available for review by contacting Yellowstone or Grand Teton Planning 
Offices or at www.nps.gov/grte/winteruse/intro.htm.

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. 
Numerous tribes in the area were consulted in the development of the 
SEIS. Their major concern was to reduce the adverse effects on wildlife 
by snowmobiles. This rule does that through implementation of the 
guiding requirements and disbursement of snowmobile use through the 
various entrance stations.

Clarity of Rule

    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 read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec. '' and a numbered heading; for example 
Sec.  7.13 Yellowstone National Park.) (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].
    Drafting Information: The primary authors of this regulation were 
Kevin Schneider, Outdoor Recreation Planner, Mona Divine, Deputy Chief 
Ranger, John Sacklin, Supervisory Park Resource Planner, Yellowstone 
National Park and; Bill Holda, Supervisory Park Ranger, Grand Teton 
National Park; and Kym Hall, NPS Regulations Program Manager, and Barry 
Roth, Attorney-Advisor, Washington, DC.
    Public Participation: If you wish to comment, you may submit your 
comments by any one of several methods. You may mail comments to: 
Planning Office, Yellowstone National Park, PO Box 168, Yellowstone 
National Park, WY 82190. You may also comment via the Internet at 
www.nps.gov/yell/rule. Finally, you may hand deliver comments to 
Planning Office, Mammoth Hot Springs, Yellowstone National Park, 
Wyoming. 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 from 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.

    We propose to amend 36 CFR part 7 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).

    2. Amend Sec.  7.13 to revise paragraph (l) to read as follows:


Sec.  7.13  Yellowstone National Park.

* * * * *
    (l)(1) What terms do I need to know? Commercial guide means those 
guides who operate as a snowmobile guide for a fee or compensation and 
are authorized to operate in the park under a concession contract.
    Non-commercial guide means those authorized guides who have 
successfully completed an NPS-approved training course and provide 
guiding services without compensation.
    Oversnow route means that portion of the unplowed roadway located 
between the road shoulders and is designated by snow poles or other 
poles, ropes, fencing, or signs erected to regulate over-snow activity. 
Oversnow routes include pullouts or parking areas that are groomed or 
marked similarly to roadways and are adjacent to designated oversnow 
routes. An oversnow route may also be distinguished by the interior 
boundaries of the berm created by the packing and grooming of the 
unplowed roadway. Only oversnow vehicles are permitted on oversnow 
routes.
    Oversnow vehicle means a snowmobile, snowcoach, or other motorized 
vehicle that is intended for travel primarily on snow and is authorized 
by the Superintendent to operate in the park. An oversnow vehicle that 
does not meet the definition of a snowcoach or a snowplane must comply 
with all requirements applicable to snowmobiles.
    Snowcoach means a self-propelled mass transit vehicle intended for 
travel on snow, having a curb weight of over 1000 pounds (450 
kilograms), driven by a track or tracks and steered by skis or tracks, 
having a capacity of at least 8 passengers.
    Snowplane means a self-propelled vehicle intended for oversnow 
travel and driven by an air-displacing propeller.

[[Page 51538]]

    (2) May I operate a snowmobile in Yellowstone National Park? You 
may operate a snowmobile in Yellowstone National Park in compliance 
with use limits and entry passes, guiding requirements, operating 
dates, equipment, and operating conditions established in this section. 
The Superintendent may establish additional operating conditions and 
shall provide notice of those conditions in accordance with Sec.  
1.7(a) of this chapter.
    (3) May I operate a snowcoach in Yellowstone National Park? 
Commercial snowcoaches may be operated in Yellowstone National Park 
under a concessions contract. Non-commercial snowcoaches may be 
operated if authorized by the Superintendent. Snowcoach operation is 
subject to the conditions stated in the concessions contract and all 
other conditions identified in this section:
    (i) Beginning with the winter of 2005-2006, all non-historic 
snowcoaches must meet NPS emissions requirements. These requirements 
are the EPA's emission standards for the vehicle at the time it was 
manufactured.
    (ii) Any pollution control equipment that has exceeded its useful 
life must be replaced.
    (iii) Tampering with or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (iv) Individual snowcoaches will be periodically inspected tested 
to determine compliance with the requirements of paragraphs (l)(3)(i) 
through (l)(3)(iii) of this section.
    (v) Beginning with the winter of 2008-2009, all non-historic 
snowcoaches must meet NPS sound requirements. Snowcoaches must operate 
at or below 75 dB(A) as measured at 25 mph on the A-weighted scale at 
50 feet using test procedures similar to Society of Automotive 
Engineers J1161 (revised 1983).
    (vi) Historic snowcoaches (Bombardier snowcoaches manufactured in 
1983 or earlier) are not initially required to meet air or sound 
requirements.
    (4) Must I operate a certain model of snowmobile? Only commercially 
available snowmobiles that meet NPS air and sound emissions 
requirements may be operated in Yellowstone National Park. The park 
will identify snowmobile makes, models, and year of manufacture that 
meet those requirements. Any snowmobile not so identified by the NPS 
may not be operated in the park.
    (i) Snowmobiles must achieve air emissions below 15 g/kW-hr for 
hydrocarbons and 120 g/kW-hr for carbon monoxide as tested using a 5-
mode engine dynamometer in accordance with the test cycle identified by 
EPA's snowmobile regulations in 40 CFR parts 1051 and 1065.
    (ii) For sound emissions snowmobiles must operate at or below 
73dB(A) as measured at full throttle according to Society of Automotive 
Engineers J192 test procedures (revised 1985).
    (iii) Snowmobiles not operating under a concessions contract do not 
have to meet air and sound requirements for the winter 2003-2004 only.
    (5) Where must I operate my snowmobile in Yellowstone National 
Park? You must operate your snowmobile only upon designated oversnow 
routes established within the park. The following oversnow routes are 
designated for snowmobile use:
    (i) The Grand Loop Road from its junction with Terrace Springs 
Drive to Norris Junction.
    (ii) Norris Junction to Canyon Junction.
    (iii) The Grand Loop Road from Norris Junction to Madison Junction.
    (iv) The West Entrance Road from the park boundary at West 
Yellowstone to Madison Junction.
    (v) The Grand Loop Road from Madison Junction to West Thumb.
    (vi) The South Entrance Road from the South Entrance to West Thumb.
    (vii) The Grand Loop Road from West Thumb to its junction with the 
East Entrance Road.
    (viii) The East Entrance Road from the East Entrance to its 
junction with the Grand Loop Road.
    (ix) The Grand Loop Road from its junction with the East Entrance 
Road to Canyon Junction.
    (x) The South Canyon Rim Drive.
    (xi) Lake Butte Road.
    (xii) In the developed areas of Madison Junction, Old Faithful, 
Grant Village, Lake, Fishing Bridge, Canyon, Indian Creek, and Norris.
    (xiii) The Superintendent may designate additional oversnow routes 
for snowmobiles only when the 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.
    (xiv) The Superintendent may open or close these or other routes, 
or portions thereof, after taking into consideration the location of 
wintering wildlife, appropriate snow cover, public safety, and other 
factors. Notice of such opening or closing shall be provided by one or 
more of the methods listed in Sec.  1.7(a) of this chapter.
    (xv) Maps detailing the designated oversnow routes will be 
available from Park Headquarters.
    (6) What routes are designated for snowcoach use? Authorized 
snowcoaches may only be operated on the routes designated for 
snowmobile use in paragraphs (l)(5)(i) through (l)(5)(xii) of this 
section and the following additional oversnow routes:
    (i) Firehole Canyon Drive.
    (ii) Fountain Flat Road.
    (iii) Virginia Cascades Drive.
    (iv) North Canyon Rim Drive.
    (v) Riverside Drive.
    (vi) That portion of the Grand Loop Road from Canyon Junction to 
Washburn Hot Springs overlook.
    (vii) The Superintendent may designate or close these or other 
oversnow routes for snowcoach travel. Notice of such opening or closing 
shall be provided by one or more of the methods listed in Sec.  1.7(a) 
of this chapter.
    (7) Will I be required to use a guide while snowmobiling in 
Yellowstone? Beginning in the winter of 2004-2005, all recreational 
snowmobile operators must be accompanied by a guide that has 
successfully completed an NPS-approved training program.
    (8) What other requirements apply to the use of snowmobile guides? 
During the winter of 2003-2004 only, eighty percent (80%) of the 
authorized daily snowmobile entries are allocated under concessions 
contracts for commercial guiding services, while the remaining twenty 
percent (20%) of the authorized daily snowmobile entries are allocated 
to the general public and do not require a guide. Beginning the winter 
of 2004-2005, eighty percent (80%) of the authorized daily snowmobile 
entries for each entrance are allocated for commercially guided 
parties, while the remaining twenty percent (20%) of the authorized 
daily snowmobile entries are allocated for non-commercially guided 
parties.
    (i) Non-commercial guides will be required to successfully complete 
a training program approved by the Superintendent to include training 
on park rules, safety considerations, and appropriate actions to 
minimize impacts to wildlife and other park resources.
    (ii) Snowmobile parties must travel in a group of at least two 
snowmobiles but no more than 11 snowmobiles, including that of the 
guide.
    (iii) It is prohibited for non-commercial guides, or anyone else, 
to receive fees or other forms of compensation for non-commercial 
guiding services.
    (iv) Guided parties must travel together within a maximum of one-
third

[[Page 51539]]

mile of the first snowmobile in the group.
    (v) The Superintendent may change requirements related to guiding, 
including the commercial: non-commercial guide ratio. Except for 
emergency situations, changes to guiding requirements may be made 
annually and the public will be notified of those changes by one or 
more of the procedures listed in Sec.  1.7(a) of this chapter.
    (9) Are there limits established for the numbers of snowmobiles 
permitted to enter the park each day? Beginning with the winter of 
2003-2004, the numbers of snowmobiles allowed to enter the park each 
day will be limited to a certain number per entrance. The initial 
limits are listed in the following table:

                         Table 1 to Sec.   7.13.--Initial Daily Snowmobile Entry Limits
----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Number of non-
                                                                   commercially-   commercially    Total number
                                                                      guided          guided       of snowmobile
                   Park entrance road segment                       snowmobiles     snowmobile       entrance
                                                                     entrance        entrance         passes
                                                                      passes        passes \1\
----------------------------------------------------------------------------------------------------------------
(i) YNP--North Entrance.........................................              40              10              50
(ii) YNP--West Entrance.........................................             440             110             550
(iii) YNP--South Entrance.......................................             200              50             250
(iv) YNP--East Entrance.........................................              80              20            100
----------------------------------------------------------------------------------------------------------------
\1\ In the 2003-2004 winter season only, these entries would be available for unguided parties, to allow
  sufficient time to develop and implement a non-commercial guide training program.

    (v) The limits established in Table 1 to this section apply until 
modified by the Superintendent. The Superintendent may establish 
different limits on an annual basis, after taking into consideration 
the effectiveness of air and sound requirements, the state of 
technology, monitoring results, or other relevant information. The 
public will be made aware of any new limits through publication in the 
Federal Register and using one or more of the methods listed in Sec.  
1.7(a) of this chapter.
    (10) When may I operate my snowmobile or snowcoach? (i) A 
snowmobile or snowcoach may only be operated between 7:00 a.m. and 9:00 
p.m.
    (ii) The Superintendent may adjust operating hours. Except for 
emergency situations, changes to operating hours may be made annually 
and the public will be notified of those changes through publication in 
the Federal Register and through one or more of the methods listed in 
Sec.  1.7(a) of this chapter.
    (11) What other conditions apply to the operation of oversnow 
vehicles? (i) The following operating conditions are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Operating an oversnow vehicle while the operator's state motor 
vehicle license or privilege is suspended or revoked by any state.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Operating an oversnow vehicle in willful or wanton disregard 
for the safety of persons, property, or park resources or otherwise in 
a reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) The towing of persons on skis, sleds or other sliding devices 
by oversnow vehicles, except in emergency situations.
    (ii) The following operating conditions are required:
    (A) All vehicles that stop on designated routes must pull over to 
the far right and next to the snow berm. Pullouts must be utilized 
where available and accessible. Vehicles may not be stopped in a 
hazardous location or where the view might be obscured, or operating so 
slowly as to interfere with the normal flow of traffic.
    (B) Oversnow vehicle operators must possess a valid state motor 
vehicle operator's license. A learner's permit does not satisfy this 
requirement. The license must be carried on the operator's person at 
all times.
    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered and display a valid 
state registration sticker from any state in the United States.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect park resources, visitors, or employees. The public 
will be notified of any changes through one or more methods listed in 
Sec.  1.7(a) of this chapter.
    (12) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to the regulations contained in 36 CFR 
4.23, the following conditions apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the operator is 20 years of age or younger 
and the alcohol concentration in the operator's blood or breath is 0.02 
grams or more of alcohol per 100 milliliters or blood or 0.02 grams or 
more of alcohol per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the operator is a snowmobile guide or a 
snowcoach operator and the alcohol concentration in the operator's 
blood or breath is 0.02 grams or more of alcohol per 100 milliliters of 
blood or 0.02 grams or more of alcohol per 210 liters of breath.
    (iii) Refusing to take an alcohol or drug test, as required under 
36 CFR 4.23, or any conviction for driving under the influence of drugs 
or alcohol while driving a motor vehicle or operating an oversnow 
vehicle disqualifies an operator from snowmobile guiding or operating a 
commercial snowcoach.
    (13) Do other NPS regulations apply to the use of oversnow 
vehicles? The following sections apply to the use of oversnow vehicles, 
but the provisions of this section govern for purposes of operating an 
oversnow vehicle:
    (i) Notwithstanding the definition of vehicle set forth in Sec.  
1.4, the provisions of Sec. Sec.  4.3, 4.4, 4.12, 4.13, 4.14, 4.20, 
4.21, 4.22, and 4.23 of this chapter apply to the operation of an 
oversnow vehicle.
    (ii) The use of snowmobiles in Yellowstone is not subject to 
Sec. Sec.  2.18 and 2.19(b) of this chapter.
    (14) Are there any other forms of non-motorized oversnow 
transportation allowed in the park? Non-motorized

[[Page 51540]]

travel consisting of skiing, skating, snowshoeing, or walking are 
permitted unless otherwise restricted pursuant to this section or other 
provisions of 36 CFR part 1.
    (i) The Superintendent may designate areas of the park as closed, 
reopen such areas or establish terms and conditions for non-motorized 
travel within the park in order to protect visitors, employees or park 
resources.
    (ii) Dog sledding or ski-jorring is prohibited.
    (15) May I operate a snowplane in Yellowstone? The operation of a 
snowplane in Yellowstone is prohibited.
    (16) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(l)(1) through (l)(15) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.
* * * * *
    3. Amend Sec.  7.21 to revise paragraph (a) to read as follows:


Sec.  7.21  John D. Rockefeller, Jr., Memorial Parkway.

    (a)(1) What terms do I need to know? All the terms in Sec.  
7.13(l)(1) of this part apply to this section.
    (2) May I operate a snowmobile in the Parkway? You may operate a 
snowmobile in the Parkway in compliance with use limits, guiding 
requirements, operating dates, equipment, and operating conditions 
established in this section. The Superintendent may establish 
additional operating conditions and shall provide notice of those 
conditions in accordance with Sec.  1.7(a) of this chapter.
    (3) May I operate a snowcoach in the Parkway? Commercial 
snowcoaches may be operated in the Parkway under a concessions 
contract. Non-commercial snowcoaches may be operated if authorized by 
the Superintendent. Snowcoach operation is subject to the conditions 
stated in the concessions contract and all other conditions identified 
in this section.
    (i) Beginning with the winter of 2005-2006, all non-historic 
snowcoaches must be NPS air emissions requirements. These requirements 
are the EPA's emission standards for the vehicle at the time it was 
manufactured.
    (ii) Any pollution equipment that has exceeded it useful life must 
be replaced.
    (iii) Tampering with or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (iv) Individual snowcoaches will be periodically inspected to 
determine compliance with the requirements of paragraphs (a)(3)(i) 
through (a)(3)(iii) of this section.
    (v) Beginning with the winter of 2008-2009, all non-historic 
snowcoaches must meet NPS sound requirements. Snowcoaches must operate 
at or below 75 dB(A) as measured at 25 mph on the A-weighted scale at 
50 feet using test procedures similar to Society of Automotive 
Engineers J1161 (revised 1983).
    (vi) Historic snowcoaches (Bombardier snowcoaches manufactured in 
1983 or earlier) are not required to meet air or sound requirements.
    (4) Must I operate a certain model of snowmobile? Only commercially 
available snowmobiles that meet NPS air and sound requirements may be 
operated in the parkway. The park will identify snowmobile makes, 
models, and year of manufacture that meet those requirements. Any 
snowmobile not so identified by the NPS may not be operated in the 
park.
    (i) Snowmobiles must achieve air emissions below 15 g/kW-hr for 
hydrocarbons and 120 g/kW-hr for carbon monoxide as tested using a 5-
mode engine dynamometer in accordance with the test cycle identified by 
EPA's snowmobile regulations in 40 CFR parts 1051 and 1065.
    (ii) For sound emissions snowmobiles must operate at or below 
73dB(A) as measured at full throttle according to Society of Automotive 
Engineers J192 test procedures (revised 1985).
    (iii) These air and sound emissions requirements shall not apply to 
snowmobiles originating in the Targhee National Forest and traveling on 
the Grassy Lake Road to Flagg Ranch; however, these snowmobiles may not 
travel further into the Parkway than Flagg Ranch.
    (5) Where must I operate my snowmobile in the Parkway? You must 
operate your snowmobile only upon designated oversnow routes 
established within the Parkway. The following oversnow routes are 
designated for snowmobile use:
    (i) The Continental Divide Snowmobile Trail (CDST) along U.S. 
Highway 89/287 from the southern boundary of the Parkway north to the 
Snake River Bridge.
    (ii) Along U.S. Highway 89/287 from the Snake River Bridge to the 
northern boundary of the Parkway.
    (iii) Grassy Lake Road from Flagg Ranch to the western boundary of 
the Parkway.
    (iv) The Superintendent may designate other oversnow routes for 
snowmobile use only when the 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.
    (v) The Superintendent may open or close these routes or other 
routes, or portions thereof, after taking into consideration the 
location of wintering wildlife, appropriate snow cover, public safety 
or to effectively manage visitor use and experience. Notice of such 
opening or closing shall be provided by one or more of the methods 
listed in Sec.  1.7(a) of this chapter.
    (vi) Maps detailing the designated oversnow routes will be 
available from Park Headquarters.
    (6) What routes are designated for snowcoach use? (i) Authorized 
snowcoaches may only be operated on the route designated for snowmobile 
use in paragraph (a)(5)(ii) of this section. No other routes are open 
to snowcoach use.
    (ii) The Superintendent may designate or close these or other 
oversnow routes for snowcoach travel. Notice of such opening or closing 
shall be provided by one or more of the methods listed in Sec.  1.7(a) 
of this chapter.
    (7) Will I be required to use a guide while snowmobiling in the 
Parkway? Beginning in the winter of 2004-2005, all recreational 
snowmobile operators using the oversnow route along U.S. Highway 89/287 
from Flagg Ranch to the northern boundary of the parkway must be 
accompanied by a guide that has successfully completed an NPS-approved 
training program. A guide is not required in other portions of the 
parkway.
    (8) What other requirements apply to the use of snowmobile guides? 
During the winter of 2003-2004 only, eighty percent (80%) of the 
authorized daily snowmobile use on U.S. Highway 89/287 from the Snake 
River Bridge to the northern boundary of the Parkway is awarded under 
concessions contracts for commercial guiding services, while the 
remaining twenty percent (20%) of the authorized daily snowmobile 
entries do not require a guide. Beginning the winter of 2004-2005, 
eighty percent (80%) of the authorized daily snowmobile use on this 
road segment are allocated for commercially guided parties. The 
remaining twenty percent (20%) of authorized daily snowmobile use is 
allocated for non-commercially guided parties.
    (i) Non-commercial guides are required to successfully complete a 
training program approved by the Superintendent to include training on 
parkway rules, safety considerations, and appropriate actions to 
minimize impacts to wildlife and other parkway resources.

[[Page 51541]]

    (ii) Snowmobile parties must travel in a group of at least two 
snowmobiles but no more than 11 snowmobiles, including the guide.
    (iii) It is prohibited for non-commercial guides, or anyone else, 
to receive fees or other forms of compensation for the non-commercial 
guiding services.
    (iv) Guided parties must travel together within a maximum of one-
third mile of the first snowmobile in the group.
    (v) The Superintendent may change requirements related to guiding, 
including the commercial to non-commercial guide ratio. Except for 
emergency situations, changes to guiding requirements may be made 
annually and the public will be notified of those changes by one or 
more of the procedures listed in Sec.  1.7(a) of this chapter.
    (9) Are there limits established for the numbers of snowmobiles 
permitted to enter the Parkway each day? (i) Beginning with the winter 
of 2003-2004, the numbers of snowmobiles allowed to enter the Parkway 
each day will be limited to a certain number per road segment.

                         Table 1 to Sec.   7.21.--Initial Daily Snowmobile Entry Limits
----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Number of non-
                                                                   commercially-   commercially    Total number
                                                                      guided          guided       of snowmobile
                   Park entrance/road segment                       snowmobile      showmobile       entrance
                                                                     entrance        entrance         passes
                                                                      passes          passes
----------------------------------------------------------------------------------------------------------------
(A) GTNP and the Parkway--Total Use on CDST 2...................             N/A             N/A            1 75
(B) Parkway--Toal Use Grassy Lake Road..........................             N/A             N/A           1 75
----------------------------------------------------------------------------------------------------------------
1 These users do not have to be accompanied by a guide.
2 The Continental Divide Snowmobile Trail lies within both GTNP and the Parkway. The 75 daily snowmobile use
  limit applies to total use on this trail in both parks.

    (ii) The limits established in Table 1 to this section apply until 
modified by the Superintendent. The Superintendent may modify these 
limits annually after taking into consideration the effectiveness of 
air and sound requirements, the state of technology, monitoring 
results, or other relevant information. The public will be made aware 
of new limits through publication in the Federal Register and using one 
or more of the methods listed in Sec.  1.7(a) of this chapter.
    (10) When may I operate my snowmobile or snowcoach? (i) A 
snowmobile or snowcoach may only be operated between 7 a.m. and 9 p.m.
    (ii) The Superintendent may adjust operating hours. Except for 
emergency situations, changes to operating hours may be made annually 
and the public will be notified of those changes through publication in 
the Federal Register and through one or more of the methods listed in 
Sec.  1.7(a) of this chapter.
    (11) What other conditions apply to the operation of oversnow 
vehicles? (i) The following operating conditions are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Operating an oversnow vehicle while the operator's state motor 
vehicle license or privilege is suspended or revoked by any state.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Operating an oversnow vehicle in willful or wanton disregard 
for the safety of persons, property, or parkway resources or otherwise 
in a reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) The towing of persons on skis, sleds or other sliding devices 
by oversnow vehicles, except in emergency situations.
    (ii) The following operating conditions are required:
    (A) All vehicles that stop on designated routes must pull over to 
the far right and next to the snow berm. Pullouts must be utilized 
where available and accessible. Vehicles may not be stopped in a 
hazardous location or where the view might be obscured, or operating so 
slowly as to interfere with the normal flow of traffic.
    (B) Oversnow vehicle operators must possess a valid state motor 
vehicle operator's license. The license must be carried on the 
operator's person at all times.
    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered and display a valid 
state registration sticker from any state in the United States.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect parkway resources, visitors, or employees. The 
public will be notified of any changes through one or more methods 
listed in Sec.  1.7(a) of this chapter.
    (12) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to the regulations in 36 CFR 4.23, the 
following conditions apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the operator is 20 years of age or younger 
and the alcohol concentration in the operator's blood or breath is 0.02 
grams or more of alcohol per 100 milliliters or blood or 0.02 grams or 
more of alcohol per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the operator is a guide or a snowcoach 
operator and the alcohol concentration in the operator's blood or 
breath is 0.02 grams or more of alcohol per 100 milliliters of blood or 
0.02 grams or more of alcohol per 210 liters of breath.
    (iii) Refusing to take an alcohol or drug test, as required under 
36 CFR 4.23, or any conviction for driving under the influence of drugs 
or alcohol while driving a motor vehicle or operating an oversnow 
vehicle disqualifies an operator from guiding or operating a commercial 
snowcoach.
    (13) Do other NPS regulations apply to the use of oversnow 
vehicles? The following sections apply to the use of oversnow vehicles, 
but the provisions of this section govern for purposes of operating an 
oversnow vehicle:
    (i) Notwithstanding the definition of vehicle set forth in Sec.  
1.4, the provisions of Sec. Sec.  4.1, 4.3, 4.4, 4.12, 4.13, 4.14, 
4.20, 4.21, 4.22, and 4.23 of this chapter

[[Page 51542]]

apply to the operation of an oversnow vehicle.
    (ii) The use of snowmobiles in the Parkway is not subject to 
Sec. Sec.  2.18 and 2.19(b) of this chapter.
    (14) Are there any other forms of non-motorized oversnow 
transportation allowed in the parkway? (i) Non-motorized travel 
consisting of skiing, skating, snowshoeing, or walking are permitted 
unless otherwise restricted pursuant to this section or other 
provisions of 36 CFR part 1 provided you follow all applicable 
regulations.
    (ii) The Superintendent may designate areas of the parkway as 
closed, reopen such areas or establish terms and conditions for non-
motorized travel within the parkway in order to protect visitors, 
employees or park resources.
    (15) May I operate a snowplane in the parkway? The operation of a 
snowplane in the parkway is prohibited.
    (16) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(a)(1) through (a)(15) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.
* * * * *
    4. Amend Sec.  7.22 to revise paragraph (g) to read as follows:


Sec.  7.22  Grand Teton National Park.

* * * * *
    (g)(1) What terms do I need to know? All the terms in Sec.  
7.13(l)(1) of this part apply to this section.
    (2) May I operate a snowmobile in the Grand Teton National Park? 
You may operate a snowmobile in Grand Teton National Park in compliance 
with use limits, guiding requirements, operating dates, equipment, and 
operating conditions established in this section. The Superintendent 
may establish additional operating conditions and provide notice of 
those conditions in accordance with Sec.  1.7(a) of this chapter.
    (3) May I operate a snowcoach in Grand Teton National Park? It is 
prohibited to operate a snowcoach in Grand Teton National Park.
    (4) Must I operate a certain model of snowmobile in the park? Only 
commercially available snowmobiles that meet NPS air and sound 
requirements may be operated in Grand Teton National Park. The park 
will identify snowmobile makes, models, and year of manufacture that 
meet those requirements. Any snowmobile not so identified by the NPS 
may not be operated in the park.
    (i) Snowmobiles must achieve air emissions below 15 g/kW-hr for 
hydrocarbons and 120 g/kW-hr for carbon monoxide as tested using a 5-
mode engine dynamometer in accordance with the test cycle identified by 
EPA's snowmobile regulations in 40 CFR parts 1051 and 1065.
    (ii) For sound emissions snowmobiles must operate at or below 
73dB(A) as measured at full throttle according to Society of Automotive 
Engineers J192 test procedures (revised 1985).
    (iii) These air and sound requirements do not apply to snowmobiles 
while in use to access lands authorized by paragraphs (g)(14) and 
(g)(16) of this section.
    (iv) Snowmobiles do not have to meet air and sound requirements for 
the winter 2003-2004 only.
    (5) Where must I operate my snowmobile in the park? You must 
operate your snowmobile only upon designated oversnow routes 
established within the park. The following oversnow routes are 
designated for snowmobile use:
    (i) The frozen water surface of Jackson Lake for the purposes of 
ice fishing only. Those persons accessing Jackson lake for ice fishing 
must possess a valid state fishing license and the proper fishing gear.
    (ii) The Continental Divide Snowmobile Trail along U.S. 26/287 from 
Moran Junction to the eastern park boundary and along U.S. 89/287 from 
Moran Junction to the north park boundary.
    (iii) The Superintendent may designate snowmobile routes only when 
the 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.
    (iv) The Superintendent may open or close these or other routes, or 
portions thereof, and may establish separate zones for motorized and 
non-motorized use on Jackson Lake, after taking into consideration the 
location of wintering wildlife, appropriate snow cover, public safety 
and to effectively manage visitor use and experience. Notice of such 
opening or closing shall be provided by one or more of the methods 
listed in Sec.  1.7(a) of this chapter.
    (v) Maps detailing the designated oversnow routes will be available 
from Park Headquarters.
    (6) Will I be required to use a guide while snowmobiling in Grand 
Teton National Park? (i) You will not be required to use a guide while 
snowmobiling in Grand Teton National Park.
    (ii) The Superintendent may establish requirements related to the 
use of guides, including requirements for commercial and/or non-
commercial guides. Changes to guiding requirements may be made annually 
and the public will be notified of those changes by one or more of the 
procedures listed in Sec.  1.7(a) of this chapter.
    (7) Are there limits established for the numbers of snowmobiles 
permitted to operate in Grand Teton National Park each day? (i) 
Beginning with the winter of 2003-2004, the numbers of snowmobiles 
allowed to enter the park each day will be limited to a certain number 
per road segment or area. The initial limits are listed in the 
following table:

                       Table 1. To Sec.   7.22.--To Initial Daily Snowmobile Entry Limits
----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Number of non-
                                                                   commercially-   commercially    Total number
                                                                      guided          guided       of snowmobile
                   Park entrance/road segment                       snowmobile      snowmobile       entrance
                                                                     entrance        entrance         passes
                                                                      passes          passes
----------------------------------------------------------------------------------------------------------------
(A) GTNP and the Parkway--Total Use on CDST 2...................             N/A             N/A              75
(B) Jackson Lake................................................             N/A             N/A             40
----------------------------------------------------------------------------------------------------------------
1 These users do not have to be accompanied by a guide.
2 The Continental Divide Snowmobile Trail lies within both GTNP and the Parkway. The 75 daily snowmobile use
  limit applies to total use on this trail in both parks.

    (ii) The limits established in Table 1 of this section apply until 
modified by the Superintendent. The Superintendent may modify these 
limits annually after taking into consideration the effectiveness of 
air and sound

[[Page 51543]]

requirements, the state of technology, monitoring results, or other 
relevant information. The public will be made aware of new limits 
through publication in the Federal Register and using one or more of 
the methods listed in Sec.  1.7(a) of this chapter.
    (8) When may I operate my snowmobile? (i) A snowmobile may only be 
operated between 7 a.m. and 9 p.m.
    (ii) The Superintendent may adjust operating hours. Except for 
emergency situations, changes to operating hours may be made annually 
and the public will be notified of those changes through publication in 
the Federal Register and through one or more of the methods listed in 
Sec.  1.7(a) of this chapter.
    (9) What other conditions apply to the operation of oversnow 
vehicles? (i) The following operating conditions are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Operating an oversnow vehicle while the operator's state motor 
vehicle license or privilege is suspended or revoked by any state.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Operating an oversnow vehicle in willful or wanton disregard 
for the safety of persons, property, or park resources or otherwise in 
a reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) The towing of persons on skis, sleds or other sliding devices 
by oversnow vehicles.
    (ii) The following operating conditions are required:
    (A) All vehicles that stop on designated routes must pull over to 
the far right and next to the snow berm. Pullouts must be utilized 
where available and accessible. Vehicles may not be stopped in a 
hazardous location or where the view might be obscured, or operating so 
slowly as to interfere with the normal flow of traffic.
    (B) Oversnow vehicle operators must possess a valid state motor 
vehicle operator's license. The license must be carried on the 
operator's person at all times.
    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered and display a valid 
state registration sticker from any state in the United States.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect park resources, visitors, or employees. The public 
will be notified of any changes through one or more methods listed in 
Sec.  1.7(a) of this chapter.
    (10) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to the regulations in 36 CFR 4.23, the 
following conditions apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the operator is 20 years of age or younger 
and the alcohol concentration in the operator's blood or breath is 0.02 
grams or more of alcohol per 100 milliliters or blood or 0.02 grams or 
more of alcohol per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the operator is a commercial guide or a snow 
coach operator and the alcohol concentration in the operator's blood or 
breath is 0.02 grams or more of alcohol per 100 milliliters of blood or 
0.02 grams or more of alcohol per 210 liters of breath.
    (11) Do other NPS regulations apply to the use of oversnow 
vehicles? The following sections apply to the use of oversnow vehicles, 
but the provisions of this section govern for purposes of operating an 
oversnow vehicle:
    (i) Notwithstanding the definition of vehicle set forth in Sec.  
1.4, the provisions of Sec. Sec.  4.1, 4.3, 4.4, 4.12, 4.13, 4.14, 
4.20, 4.21, 4.22, and 4.23 of this chapter apply to the operation of an 
oversnow vehicle.
    (ii) The use of snowmobiles in Grand Teton National Park is not 
subject to Sec. Sec.  2.18 and 2.19(b) of this chapter.
    (12) Are there any other forms of non-motorized oversnow 
transportation allowed in the park? (i) Non-motorized travel including 
skiing, skating, snowshoeing, or walking are permitted provided you 
follow all applicable regulations.
    (ii) The Superintendent may designate areas of the park as closed 
or establish terms and conditions for skiing, snowshoeing, or walking 
in order to protect visitors, employees or park resources.
    (13) May I operate a snowplane in Grand Teton National Park? The 
operation of a snowplane in Grand Teton National Park is prohibited.
    (14) May I continue to access public lands via snowmobile through 
the park? Reasonable and direct access, via snowmobile, to adjacent 
public lands will continue to be permitted on designated routes through 
the park. Requirements established in this section related to 
snowmobile operator age, guiding and licensing do not apply on these 
oversnow routes. The following routes only are designated for access 
via snowmobile to public lands:
    (i) From the parking area at Shadow Mountain directly along the 
unplowed portion of the road to the east park boundary.
    (ii) Along the unplowed portion of the Ditch Creek Road directly to 
the east park boundary.
    (15) For what purpose may I use the routes designated in paragraph 
(g)(14) of this section? You may use those routes designated in 
paragraph (g)(14) of this section only to gain direct access to public 
lands adjacent to the park boundary.
    (16) May I continue to access private property within or adjacent 
to the park via snowmobile? Until such time as the United States takes 
full possession of an inholding in the park, the Superintendent may 
establish reasonable and direct access routes via snowmobile, to such 
inholding, or to private property adjacent to park boundaries for which 
other routes or means of access are not reasonably available. 
Requirements established in this section related to air and sound 
emissions, snowmobile operator age, licensing, and guiding do not apply 
on these oversnow routes. The following routes are designated for 
access to properties within or adjacent to the park:
    (i) The unplowed portion of Antelope Flats Road off U.S. 26/89 to 
private lands in the Craighead Subdivision.
    (ii) The unplowed portion of the Teton Park Road to the piece of 
land commonly referred to as the ``Clark Property''.
    (iii) From the Moose-Wilson Road to the land commonly referred to 
as the ``Barker Property''.
    (iv) From the Moose-Wilson Road to the land commonly referred to as 
the ``Wittimer Property''.
    (v) From the Moose-Wilson Road to those two pieces of land commonly 
referred to as the ``Halpin Properties''.
    (vi) From the south end of the plowed sections of the Moose-Wilson 
Road to that piece of land commonly referred to as the ``JY Ranch''.
    (vii) From Highway 26/89/187 to those lands commonly referred to as 
the ``Meadows'', the ``Circle EW Ranch'', the ``Moulton Property'', the 
``Levinson Property'' and the ``West Property''.
    (viii) From Cunningham Cabin pullout on U.S. 26/89 near Triangle X 
to

[[Page 51544]]

the piece of land commonly referred to as the ``Lost Creek Ranch''.
    (ix) Maps detailing designated routes will be available from Park 
Headquarters.
    (17) For what purpose may I use the routes designated in paragraph 
(g)(16) of this section? Those routes designated in paragraph (g)(16) 
of this section are only to access private property within or directly 
adjacent to the park boundary. Use of these roads via snowmobile is 
authorized only for the landowners and their representatives or guests. 
Use of these roads by anyone else or for any other purpose is 
prohibited.
    (18) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(g)(1) through (g)(17) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.

    Dated: August 15, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-21332 Filed 8-22-03; 10:22 am]
BILLING CODE 4312-CX-P