[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Rules and Regulations]
[Pages 65348-65366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25093]



[[Page 65347]]

-----------------------------------------------------------------------

Part VII





Department of the Interior





-----------------------------------------------------------------------



National Park Service



-----------------------------------------------------------------------



36 CFR Part 7



Special Regulations; Areas of the National Park System; Final Rule

  Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / 
Rules and Regulations  

[[Page 65348]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD29


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule will manage winter visitation and recreational use 
in Yellowstone and Grand Teton National Parks and the John D. 
Rockefeller, Jr., Memorial Parkway for up to three winter seasons 
(i.e., through the winter of 2006-2007). This final rule is issued in 
conjunction with the Finding of No Significant Impact (FONSI) for the 
Temporary Winter Use Plans Environmental Assessment (EA), approved 
November 4, 2004, and will ensure that visitors to the parks have an 
appropriate range of winter recreational opportunities for the interim 
period. In addition, the final rule will ensure that these recreational 
activities are in an appropriate setting and that they do not impair 
park resources or values. The final rule is also necessary to allow 
time to collect additional monitoring data on the strictly limited 
snowmobile and snowcoach use. This rule provides a structure for winter 
use management in the parks for an interim period and is intended to 
reduce confusion and uncertainty among the public and local communities 
about winter use. These regulations require that recreational 
snowmobiles and snowcoaches operating in the parks meet certain air and 
sound restrictions, that snowmobilers be accompanied by a commercial 
guide in Yellowstone, and institute new daily entry limits on the 
numbers of snowmobiles that may enter the parks. Traveling off 
designated oversnow routes remains prohibited.

DATES: This regulation is effective December 10, 2004.

FOR FURTHER INFORMATION CONTACT: John Sacklin, Management Assistant's 
Office, Yellowstone National Park, (307) 344-2019.

SUPPLEMENTARY INFORMATION: The National Park Service (NPS) has been 
managing winter use issues in Yellowstone National Park, Grand Teton 
National Park, and the John D. Rockefeller, Jr., Memorial Parkway 
(parkway; collectively the parks) for several decades. In 1990, the NPS 
completed a Winter Use Plan for the parks, but by 1993, it was clear 
that winter visitation was increasing much more rapidly than the plan 
had projected, with peak day use exceeding 1,600 snowmobiles in both 
parks. This prompted the Greater Yellowstone Coordinating Committee 
(composed of the park superintendents and national forest supervisors) 
to begin data collection for the analysis of winter use within the 
entire Greater Yellowstone Area. Their work culminated in 1999 with a 
document entitled, Winter Visitor Use Management: A Multi-Agency 
Assessment.
    However, in 1997, the Fund for Animals and other plaintiffs filed a 
lawsuit in the United States District Court for the District of 
Columbia, claiming, among other things, violations of the National 
Environmental Policy Act (NEPA) in developing the winter use plan for 
the parks. In October 1997, the Department of the Interior and the 
plaintiffs reached a settlement agreement wherein the NPS agreed, in 
part, to prepare an environmental impact statement (EIS) for a new 
winter use plan for the parks. The Final EIS was released in October 
2000, and the Record of Decision was signed on November 22, 2000. The 
decision stated the intention of the NPS to eliminate both snowmobile 
and snowplane use of the parks, based on a finding that these uses (at 
historical and essentially unregulated levels) caused an impairment of 
the parks' resources and values. A final rule to implement this 
decision was published in the Federal Register on January 22, 2001.
    In early December 2000, the International Snowmobile Manufacturers 
Association (ISMA) and several other plaintiffs (subsequently including 
the States of Wyoming and Montana) named the Secretary of the Interior, 
the Director of the National Park Service, and other officials in the 
Department of the Interior as defendants in a lawsuit filed in the 
United States District Court for the District of Wyoming. The lawsuit 
asked for the decision to prohibit snowmobiles to be set aside, 
alleging that the NPS violated NEPA and the Administrative Procedure 
Act (APA), among other things, in reaching the decision. The Interior 
Department and the NPS settled this lawsuit by agreeing to prepare a 
Supplemental Environmental Impact Statement (SEIS) in order to 
incorporate any new or additional information regarding cleaner and 
quieter snowmobile technology and to allow for additional public 
involvement in the process. On November 18, 2002, the NPS published a 
rule in the Federal Register delaying the snowmobile phase-out by one 
year, allowing time for completion of the SEIS. On February 20, 2003, 
the NPS issued the Final SEIS, which proposed to continue allowing 
snowmobile use under three strict conditions: (1) Winter visitation was 
to be limited to no more than 950 snowmobiles per day in Yellowstone; 
(2) all snowmobiles would have to use best available technology; and 
(3) snowmobilers would have to be led by trained guides. A Record of 
Decision was signed on March 25, 2003, and a final rule implementing 
the decision was published in the Federal Register on December 11, 
2003. The new decision was challenged by the Fund for Animals and the 
Greater Yellowstone Coalition in the United States District Court for 
the District of Columbia. On December 16, 2003, the court vacated the 
new regulation and effectively reinstated the January 22, 2001, rule 
phasing out the recreational use of snowmobiles in the parks. Under the 
amended 2001 rule, approximately half the number of snowmobiles that 
would have been allowed under the 2003 rule were allowed into the parks 
for the 2003-2004 winter season, and snowmobiles were to be phased out 
entirely beginning with the 2004-2005 winter season.
    Following the D.C. court's decision, ISMA and the State of Wyoming 
reopened their lawsuit against the Department and the NPS in the 
Wyoming court. On February 10, 2004, the Wyoming court issued a 
preliminary injunction preventing the NPS from continuing to implement 
the 2001 phase-out rule, and directing the park superintendents to 
issue emergency rules that would be ``fair and equitable'' to all 
parties. The parks'' compendia were revised to allow a total of up to 
780 snowmobiles per day into Yellowstone, and 140 for Grand Teton and 
the Parkway. In Yellowstone, the requirement that all snowmobilers 
travel with a commercial guide remained in effect. Thus, the 2003-2004 
winter season was essentially split into two sub-seasons, with 
different rules regarding use of the parks in effect at different 
times. This created a highly uncertain atmosphere for park visitors, 
the local communities, and others with an interest in the parks, with 
many people not knowing how or whether they could visit the parks in 
winter. On October 14, 2004, the Wyoming Court vacated and remanded the 
2000 EIS and ROD and the January 22, 2001, rule to the NPS.
    Judicial proceedings are continuing in both Wyoming and Washington, 
DC.

Rationale for the Final Rule

    This rule best balances winter use with protection of park 
resources to

[[Page 65349]]

ensure that adverse impacts from historical types and numbers of 
snowmobile uses do not occur. Winter use in the parks following the 
February 10, 2004, order of the Wyoming court demonstrates that--with 
strict limits on the numbers of snowmobiles allowed, the use of 
primarily BAT snowmobiles and commercial guiding--some level of both 
snowmobiles and snowcoaches can in fact be used in Yellowstone without 
impairing park resources and values. The decisions underlying the FONSI 
and this rule are based, in part, on the actual experiences of last 
winter. Our decision in this rule is also made with awareness that when 
asked to close Yellowstone to snowmobile use via legislation, a clear, 
bi-partisan majority of the U.S. House of Representatives explicitly 
voted this down. While this vote was not binding on the Department, it 
is informative and reflects the discretion afforded to the Secretary 
under the laws she administers.
    The rule also demonstrates the NPS commitment to monitor and use 
those results to adjust the winter use program. Last winter, the NPS 
implemented the monitoring program that it committed to in the 2003 
decision, and the results of that monitoring were used to help 
formulate the alternatives in the EA as well as guide the decisions 
being made. This rule applies the lessons learned in the winter of 
2003-2004 relative to commercial guiding, which demonstrated, among 
other things, that 100% commercial guiding was very successful and 
offered the best opportunity to protect park resources and provide 
opportunities for visitor enjoyment. Law enforcement incidents were 
reduced well below historic numbers, even after taking into account 
reduced visitation. That reduction is attributed to the quality and 
success of the commercial guiding program. This rule uses strictly 
limited snowmobile numbers (at a level below the historical average use 
level for Yellowstone) combined with best available technology 
requirements for snowmobiles and 100% commercial guiding in Yellowstone 
to ensure that the impacts to park resources and values are not 
significant. This rule requires that all snowmobiles must remain on 
roads that automobiles use in the summer months, or in the case of 
Jackson Lake, lakes that motorized boats also use. With minor 
exceptions, all recreational snowmobiles in both parks would be 
required to meet Best Available Technology (BAT) requirements. The term 
``Best Available Technology'' is specific to describing the air and 
sound emissions restrictions for snowmobiles that are operated in the 
three park units. This term is not similar to, nor should it be 
confused with, the term ``Best Available Control Technology'' used by 
the Environmental Protection Agency.

                   Total Daily Snowmobile Entry Limits
------------------------------------------------------------------------
                                Commercially
                                   guided         Unguided
           Entrance              snowmobile      snowmobiles     Total
                                   limits
------------------------------------------------------------------------
                        Yellowstone National Park
------------------------------------------------------------------------
West Entrance................             400  ..............        400
South Entrance...............             220  ..............        220
East Entrance................              40  ..............         40
North Entrance\*\............              30  ..............         30
Old Faithful\*\..............              30  ..............         30
                              -----------------
  Total......................             720  ..............        720
------------------------------
                Grand Teton National Park and the Parkway
------------------------------------------------------------------------
CDST.........................               0              50         50
Grassy Lake Road (Flagg-                    0              50         50
 Ashton Road)................
Jackson Lake.................               0              40         40
                              -----------------
  Total......................               0             140       140
------------------------------------------------------------------------
\*\ Note: Commercially guided snowmobile tours originating at the North
  Entrance and Old Faithful are currently provided solely by Xanterra
  Parks and Resorts. Because this concessionaire is the sole provider at
  both of these areas, this regulations allows the daily entry limits
  between the North Entrance and Old Faithful to be adjusted as
  necessary, so long as the total number of snowmobiles between the two
  entrances does not exceed 60. For example, the concessionaire could
  operate 25 snowmobiles at Old Faithful and 35 at the North Entrance if
  visitor demand warranted it. This will allow the concessionaire to
  respond to changing visitor demand for commercially guided snowmobile
  tours, thus enhancing visitor service in Yellowstone.

    The combination of strictly limited snowmobiles use and the 
availability of snowcoaches will provide park visitors with a range of 
appropriate winter recreational opportunities. The significant 
restrictions on snowmobile use also ensures that these recreational 
activities will not impair or irreparably harm park resources or 
values. Under this interim plan, NPS will continue to monitor and study 
the impacts of winter use in the parks. The interim plan is consistent 
with the Department of the Interior policies set forth in the February 
17, 2004, memorandum from the Assistant Secretary for Fish and Wildlife 
and Parks to the Director of the NPS.
    The winter of 2003-2004 was the first time the NPS had the 
opportunity to collect information on a strictly managed winter use 
program. This rule will allow the NPS to continue to collect additional 
monitoring data on strictly limited snowmobile and snowcoach use. The 
monitoring data is extremely important in helping the NPS understand 
the results of its management actions and for planning future actions. 
Prior to the winter of 2003-2004, the only monitoring information the 
NPS had on historical snowmobile use was at essentially unregulated 
levels with snowmobiles that were substantially more polluting and 
noisier. By contrast, the EIS, SEIS, and to a certain extent the EA, 
relied on modeling to forecast impacts. The modeling is useful for 
comparison purposes so that managers can understand the relative 
differences among alternatives, but it does not

[[Page 65350]]

replicate on-the-ground conditions. Monitoring measures actual 
outcomes. With only one winter's data on strictly managed snowmobile 
use, the ability of the NPS to fully understand the impacts of a 
strictly controlled management regime is limited. Implementing this 
plan will allow monitoring information to be collected for up to three 
additional winters.
    Access by either snowmobile or snowcoach is the only feasible means 
of travel for most winter visitors wishing to see Yellowstone's most 
famous sites, including the Old Faithful area, and is also generally 
the only feasible means to travel to most interior areas of the park in 
order to enjoy cross-country skiing or snowshoeing. Of the 350 miles of 
roads in Yellowstone that are open to motorized vehicles in the summer, 
snowcoaches and snowmobiles share access to 180 miles in the winter, 
with snowcoaches alone using an additional 14 miles of roads.
    This rule also helps support the communities and businesses both 
near and far from the parks and will encourage economically sustainable 
winter recreation programs. Snowmobile numbers allowed under this rule 
are below the historic peak averages, but the snowmobile limits should 
provide a viable program for winter access to the parks, and in 
combination with snowcoach access, provide the opportunity for 
achieving historic visitor use levels. This plan also provides 
certainty for park visitors, communities, and businesses by laying out 
a program for winter use for up to the next three winters.
    Additionally, implementation of a temporary winter use plan is 
needed not only to comport with the results of the Wyoming and DC court 
decisions that vacated the 2000 and 2003 records of decision and the 
2001 and 2003 implementing regulations, but also to address legal 
uncertainty about whether snowmobiling in these parks would return to 
the essentially unlimited levels afforded by the prior 1983 regulations 
as a result of the Wyoming court's October 2004 decision.
    The current EA and the temporary winter use plan address only 
public recreational use in these three park units. Administrative use, 
including the packing of roads for snowmobile and snowcoach use by 
park, contractor, and concessioner employees is not covered by this 
winter use planning, but remains essential for park operations, 
including the protection of natural and cultural resources. More than 
100 employees and their families live in developed areas within 
Yellowstone that are accessible in the winter only by oversnow vehicle. 
Oversnow access by these employees is critical for protection, 
maintenance, and preservation of park buildings and other facilities 
(including, for example, this winter's essential rehabilitation of the 
Old Faithful Inn, a 100 year-old National Historic Landmark), utility 
systems, historic resources, and employee health and safety. This 
administrative use takes place irrespective of public use. Oversnow 
access is also needed for wildlife monitoring and research projects 
that are continuing in the parks. Similarly, the temporary winter use 
plan and EA are not intended to address access to public and private 
lands in or adjacent to Grand Teton National Park. For clarity, and in 
accordance with 36 CFR 2.18, the rule includes provisions as to where 
these access routes are located.
    The EA did not re-evaluate the issue of whether the use of 
snowplanes should be allowed on Jackson Lake (see page 6 of the EA). 
The decision to prohibit snowplanes was based on analysis provided in 
the 2000 Winter Use Plans Final Environmental Impact Statement and 
subsequently incorporated into the 2003 Final Supplemental 
Environmental Impact Statement analysis, which found that snowplane use 
impaired park resources and values. Although both of these documents 
have been vacated by the courts on procedural grounds, the court's 
decision did not preclude NPS from using that data. Because the use of 
snowplanes was discontinued following the 2001-2002 winter season, the 
NPS did not address the reinstatement of their use in the EA and 
concluded in the FONSI, that the use of snowplanes still impaired park 
resources. These regulations continue to prohibit snowplanes on Jackson 
Lake where they were used prior to 2001 and on Yellowstone Lake where 
they were never allowed.

Summary of and Responses to Public Comments

    The NPS published a proposed rule on September 7, 2004, (69 FR 
54072) and accepted public comments through October 7, 2004. Comments 
were accepted through mail, hand delivery, and through the Internet. A 
total of 36,715 people commented on the proposed rule, and 41,483 
comment documents were received (some commentors chose to comment more 
than once). Eighty-six percent of the commentors sent form letters 
while 14% sent unique letters.

Adaptive Management

    1. Comment: Adaptive management should be incorporated into the 
final rule.
    Response: Adaptive management is not a direct part of the final 
rule; that is, during the three-year term of this rule, significant 
changes in numbers, BAT requirements, commercial guiding, or other 
aspects are not expected to be made. In part, this is to help provide 
some certainty to local communities, businesses, concessionaires, and 
park staff as to how winter use will be implemented for the next three 
winter seasons. Additionally, the Superintendents maintain the 
authority to open or close over-snow routes or modify the operating 
conditions under 36 CFR 1.5 and in various paragraphs in the 
regulations (for example 36 CFR 7/13(7)(ii)) to protect park visitors, 
resources and employees as needed. From a broader perspective, however, 
the knowledge gained through monitoring strictly limited snowmobile and 
snowcoach use during the interim period will contribute significantly 
to the development of a new long-term plan and to a long-term rule for 
which adaptive management could again be considered. Further, as noted 
in the EA, it would be impractical to implement adaptive management as 
provided for in the SEIS since changes under the adaptive management 
framework would have generally occurred after at least one or two years 
of monitoring, followed by a 6-12 month notification and waiting 
period. This could account for the entire interim period the rule is in 
effect.
    2. Comment: NPS is proposing to allow a level of snowmobile use 
that violates the adaptive management thresholds identified in the 
SEIS. This is inconsistent with previous statements made by NPS that it 
would take action should the thresholds be exceeded. Instead of 
reducing snowmobile entries or tightening BAT requirements to meet the 
protective threshold, NPS is now choosing to allow levels of human-made 
noise it previously considered unacceptable and simply define these 
impacts as less problematic than it previously did. NPS provides no 
rationale for this change and shuns an alternative that would meet its 
natural soundscape thresholds.
    Response: The adaptive management thresholds identified in the SEIS 
were vacated by the DC court along with the rest of the SEIS. Though 
NPS used such thresholds as guidelines for analysis in the EA, this 
rule does not incorporate adaptive management, as discussed in the 
prior response. Actions of the sort

[[Page 65351]]

suggested by the comment would be impractical during the interim period 
though they will be evaluated as part of the longer-term plan.
Air and Sound Emissions Requirements Consistent With Best Available 
Technology (BAT)
    3. Comment: The Grassy Lake Road should be open to non-BAT 
snowmobiles regardless of whether they originate in the Targhee 
National Forest or at Flagg Ranch. The provision that allows non-BAT 
snowmobiles to travel eastbound from the national forest to Flagg Ranch 
and then return westbound, but prohibits non-BAT snowmobiles to 
originate at Flagg Ranch is confusing.
    Response: The NPS believes that the use of BAT snowmobiles within 
the John D. Rockefeller, Jr., Memorial Parkway is necessary to mitigate 
the adverse impacts on natural soundscapes as described in the EA. 
However, the NPS recognizes that due to the remoteness of the area, 
access to Flagg Ranch for snowmobilers who are recreating in the 
Targhee National Forest may be necessary for obtaining fuel or supplies 
or to report an emergency. For these reasons, the BAT requirement is 
not imposed on snowmobiles originating in the Targhee.
    4. Comment: The use of BAT snowmobiles should not be required on 
the Continental Divide Snowmobile Trail through Grand Teton National 
Park and the John D. Rockefeller, Jr., Memorial Parkway because this 
route is along a plowed highway which is open to vehicles. In addition, 
this route would provide recreationists from Wyoming the opportunity to 
ride from Wyoming to Idaho and on to West Yellowstone without traveling 
through Yellowstone National Park.
    Response: The NPS believes that the use of BAT snowmobiles within 
Grand Teton National Park and the John D. Rockefeller, Jr. Memorial 
Parkway is necessary to mitigate the adverse impacts on natural 
soundscapes as described in the EA. Notwithstanding the fact that the 
route is immediately adjacent to the plowed roadway through the two 
park units, it is of sufficient length that the NPS believes the use of 
non-BAT snowmobiles would result in unacceptable impacts to the natural 
soundscapes. The CDST will continue to provide a link from Wyoming to 
West Yellowstone. As noted in the response to comment 6, NPS will allow 
an exception for one partial segment on the CDST.
    5. Comment: Snowmobilers on Jackson Lake should not be required to 
use BAT snowmobiles because of the expense of acquiring a BAT 
snowmobile.
    Response: The NPS recognizes that the cost of a new BAT snowmobile 
is currently higher than for a new non-BAT snowmobile. However, the NPS 
continues to believe that the EA as well as the data and analysis 
provided in the EIS and SEIS show that the use of non-BAT snowmobiles 
on Jackson Lake would result in unacceptable impacts to park visitors 
and could result in impairment of the natural soundscape. Therefore, 
the NPS could be in violation of the NPS Organic Act if it were to 
allow the recreational use of non-BAT snowmobiles on Jackson Lake.
    6. Comment: The portion of the Continental Divide Snowmobile Trail 
through Grand Teton National Park that is located along U.S. Highway 
26/287 from Moran Junction to the eastern park boundary should not be 
subject to BAT requirements in order to allow access to nearby public 
and private lands.
    Response: The NPS agrees with this comment. This relatively short 
portion of the CDST is located immediately adjacent to the major U.S. 
highway serving northwest Wyoming, which carries a high volume of 
automobile and commercial truck traffic. The park boundary is such that 
the CDST over this segment is sometimes within the park and sometimes 
out of the park. This portion of the CDST provides access to nearby 
public and private lands. For a variety of practical reasons as well as 
to ensure access to public and private lands, this portion of the CDST 
will be treated like other access routes in Grand Teton and will not be 
subject to BAT requirements nor to the daily entrance limits.
    7. Comment: BAT snowmobiles, which emit a lower frequency range of 
sound than two-stroke engines, might be quieter but could be 
potentially audible at greater distances than non-BAT snowmobiles.
    Response: Modeling done for the SEIS indicates that BAT snowmobiles 
are somewhat quieter and are audible for shorter distances than non-BAT 
snowmobiles.
    8. Comment: The proposed rule's BAT emissions requirements do not 
account for wear and tear or other modifications that have been made by 
users. Therefore increased emissions could result.
    Response: The final rule requires the use of EPA's family emissions 
limits (FEL) in determining BAT compliance. The emissions limits 
incorporate the life cycle and durability of a snowmobile by requiring 
emissions tests after various periods of usage. Manufacturers take into 
account any increases in emissions during the snowmobile's life cycle 
when setting the FEL. Thus, the FEL accounts for the possibility that a 
snowmobile's emissions could increase after 1-3 years of use. The EPA 
also requires that snowmobile manufacturers conduct production line 
testing of snowmobiles to ensure that the FEL is not exceeded during 
production. Finally, this rule prohibits snowmobile owners from 
modifying snowmobiles in such a way that would increase air or sound 
emissions. This rule's requirement that all snowmobilers in Yellowstone 
travel with commercial guides will allow the NPS to further insure that 
snowmobiles are not modified in a manner that would adversely effect 
air or sound emissions.
    9. Comment: NPS should require BAT for snowcoaches. Snowcoach 
emissions can easily be tested using a stationary vehicle exhaust gas 
analyzer.
    Response: After further consideration of the implications of 
applying the BAT concept to snowcoaches, the NPS believes that the term 
``best available technology'' should not be used with respect to 
snowcoaches for air and sound emission restrictions. Under this final 
rule, snowcoaches are not required to utilize the best commercially 
available technology to reduce air and sound emissions. Instead, they 
are required to have the emissions control equipment that was installed 
on the vehicle at the time it was manufactured. There are two mains 
reasons for this decision: the level of complexity associated with 
determining BAT for snowcoaches and the relatively small environmental 
gains expected from imposing further requirements on snowcoaches. There 
are a variety of different vehicles operating as snowcoaches, ranging 
from vans manufactured in the 1980s to the most recent model-year. 
Vehicles that were manufactured twenty years ago would be likely to 
yield higher emissions than vehicles manufactured today because of 
advances in emissions control technology. However, even vehicles 
manufactured in the same model year may produce different levels of 
emissions, and attempting to determine which particular emission limits 
the vehicles are meeting would be a very complex undertaking. The NPS 
believes that in the short term, determining how to regulate 
snowcoaches beyond what is required here is not the most pressing need. 
The EA, SEIS, and EIS air quality analyses indicate that the vast 
majority of air pollution generated in the parks results from 
snowmobile use. Little pollution is generated by snowcoaches as a 
whole, partly because their numbers are far fewer relative to 
snowmobiles, and also because modern coaches are far cleaner in both 
grams of

[[Page 65352]]

CO and particulate matter emissions per mile and have a greater 
passenger capacity. Because of the level of complexity associated with 
determining BAT for snowcoaches and the small gains in air quality 
expected as a result of such effort, the NPS has determined that there 
will be no further requirements with respect to snowcoach emission as 
part of this rulemaking. However, NPS will continue to study this issue 
and may consider more stringent alternatives as part of the new EIS.
    10. Comment: There should be no exemptions from BAT for historic 
snowcoaches.
    Response: The EA, SEIS, and EIS air quality analyses indicate that 
the vast majority of air pollution generated in the parks results from 
the historic use levels and types of snowmobiles. Little pollution is 
generated by snowcoaches as a whole, partly because their numbers are 
far fewer relative to snowmobiles, and also because modern coaches are 
far cleaner on both grams of CO and particulate matter emissions per 
mile and greater passenger capacity relative to snowmobiles. For sound 
emissions, the SEIS soundscape modeling noted that a group of 4 BAT 
snowmobiles, carrying up to 8 people total, has a distance to 
audibility of 5,810 feet in open terrain under average background 
conditions. A comparable snowcoach, potentially carrying even more 
passengers, is audible for only 2,630 feet under the same conditions. 
Historic snowcoaches are being initially exempted from any air or sound 
emission requirements because the NPS wishes to provide incentives to 
continue operation of these machines to maintain the character of 
winter touring, as they add to the overall winter experience. Further, 
because there are not very many of these vehicles operating in the 
parks (approximately 29), they are not expected to contribute 
significantly to air quality or other concerns and they provide 
additional options for visitors.

Daily Snowmobile Entry Limits

    11. Comment: NPS should allow 950 snowmobiles/day after the 2004-05 
season in Yellowstone. Additional snowmobile entries should be 
permitted in Grand Teton and the Parkway.
    Response: As explained in the EA (and in the SEIS), such a number 
of snowmobiles would result in significant adverse impacts and would be 
inconsistent with the purpose and need of this EA.
    12. Comment: NPS should have considered an option allowing between 
950 and 1,200 snowmobiles/day in Yellowstone.
    Response: The EA contained a reasonable range of alternatives. The 
EA analysis also indicates that alternative 5 (with 950 snowmobiles per 
day allowed in Yellowstone) would yield significant adverse impacts. 
Allowing use above this level would result in even greater impacts. 
However, other use levels will be evaluated in the long-term plan.
    13. Comment: Retaining most of the proposed rule but reducing the 
proposed daily entries to the levels of the beginning of the 2003-2004 
season (i.e., 493 per day in Yellowstone) would be a far more 
reasonable alternative for the NPS to support. It would show a concern 
to the local businesses as well as a commitment for the health, safety, 
and welfare of the employees, visitors, and park resources.
    Response: The NPS believes such a reduction in snowmobile numbers 
is not necessary to achieve the goals and objectives of the temporary 
plan and implementing rule based on the EA analysis. The NPS is 
attempting to balance appropriate visitor access and a range of 
recreational opportunities, subject to strict limitations, with the 
protection of park resources. This final rule accomplishes this goal.
    14. Comment: The entry limits the NPS proposes in the proposed rule 
are mischaracterized as ``strict limits.'' This level of snowmobiling 
is only a slight reduction from historic levels. Just three years ago, 
the NPS stated that in order to comply with its legal mandates, drastic 
reductions in winter visitors would be needed.
    Response: The maximum daily snowmobile entry level allowed by this 
rule is less than half the historic average peak day for Yellowstone, 
and less than the historic average (mean) number of snowmobiles in the 
park. When combined with BAT requirements, 100% commercially guiding, 
nighttime use restrictions, speed limit reductions, and side-road 
closures, the numerical limits do represent ``strict limits.''

Side Roads

    15. Comment: NPS should open all other historically open side roads 
to snowmobiles. Further, opening all side roads historically accessible 
to snowmobiles would provide better opportunity to collect monitoring 
data.
    Response: The NPS would like to provide a variety of winter touring 
options, including the ability to tour areas exclusively by snowcoach. 
Very few park roads are open exclusively to snowcoaches (the side roads 
amount to approximately 14 miles of road); the side roads present the 
most feasible options for such opportunities. Keeping side roads closed 
to snowmobiles provides a valuable opportunity to compare roads open to 
snowmobile use with those closed to such use. Indeed, retaining this 
closure presents the only such monitoring opportunity in Yellowstone. 
In addition, the NPS wishes to provide for a range of opportunities for 
visitors, including opportunities for visitors riding a snowcoach to 
experience areas free of snowmobiles. An exception is made to allow 
snowmobile use on the Firehole Canyon drive in the afternoons because 
it is typically only used by snowcoaches in the morning. This temporal 
zoning achieves the objective of maintaining some areas of separation 
between snowmobile and snowcoach use.
    16. Comment: NPS should not open the Firehole Canyon Drive to 
snowmobile use. This extends to more of the park the adverse impacts 
that violate NPS' legal obligations to protect park resources and 
visitor enjoyment. Expanding the territory impacted by snowmobile use 
utterly contradicts the concept of ``very strict limits.'' Finally, 
opening the Firehole Canyon to snowmobile use ignores the preference 
expressed to NPS by the overwhelming majority of hundreds of thousands 
of citizens who have said they want snowmobile use eliminated in 
Yellowstone, not expanded.
    Response: As stated above, this area is typically only used by 
snowcoaches in the morning. Allowing snowmobile use in the afternoon 
temporally zones snowcoach and snowmobile users, allowing snowcoach 
riders to visit the area without the presence of snowmobiles, while 
allowing snowmobilers the opportunity to also visit the area.

Guiding

    17. Comment: NPS should develop training that would allow non-
commercial guides (usually around 20% of daily entries) to lead groups 
through Yellowstone, and to permit 20% of daily entries to be non-
commercial guides.
    Response: Because of the timing of this rule and the commencement 
of the 2004-2005 winter season, it would be impossible to develop an 
adequate non-commercial guide training program for the upcoming winter 
season. In addition, it would be impractical during the winters of 
2005-2006 and 2006-2007 due to the temporary nature of this rule. As 
noted by the EA, commercial guides have significant incentives to 
ensure that their group does not unacceptably disturb wildlife. The 
winter of 2003-2004 demonstrated that commercial guides significantly 
reduce law enforcement incidents and provide for a safer and high 
quality visitor

[[Page 65353]]

experience. Commercial guides have contractual obligations to the NPS 
and as such, risk losing their permit to operate guiding services in 
the park if they fail to perform adequately. Non-commercial guides, who 
are leading family and friends through the park, have no similar 
incentives or motivation. The NPS also experienced problems when it 
attempted to implement a non-commercial reservation system after the 
March 25, 2003, Record of Decision was signed. For example, some 
individuals in gateway communities purchased large blocks of non-
commercial reservations (reservations every day of the season) with the 
apparent intent of reselling them to visitors or including them in a 
larger package for their clients. This was contrary to the purpose of 
the non-commercial guide reservation system. Unguided or non-
commercially guided access to the parks will be addressed in the long-
term winter use plan.
    18. Comment: NPS should allow a portion of the daily usage on the 
CDST and Grassy Lake Road to be commercially guided.
    Response: The NPS would consider allowing commercially guided use 
on these road segments as a portion of the daily entries authorized by 
this rule if the NPS determines there is a demand for the service and 
the service is economically feasible.

Road Grooming

    19. Comment: The artificiality or unnaturalness of winter ecology 
attributable to bison use of the groomed road system is causing 
substantive and deleterious impacts to individual bison, the bison 
population, and bison habitat by allowing far more bison to survive and 
successfully reproduce than would exist if natural factors provided a 
natural control on bison population dynamics, movements, distribution 
patterns, and habitat use patterns. The interior bison population of 
Yellowstone faces an uncertain future.
    Response: As stated previously, the science concerning the effects 
of road grooming on bison and elk is unclear, with significant 
disagreement among experts in the field. These issues are discussed on 
pages 143-145 of the EA. This is a subject of the long-term study. In 
the meantime there is no clear evidence that road grooming has adverse 
effects on bison distribution and abundance. Further, there is no 
dispute that the bison population is healthy.
    20. Comment: The proposed rule should close park roads to grooming 
or at minimum, experimental road closures should be initiated during 
the next three years to collect data on bison or other wildlife use of 
previously groomed areas. It is unacceptable to wait another three 
years for a long-term plan to analyze these issues.
    Response: The NPS considered including an alternative in the EA 
that closed park roads to grooming, but rejected it from detailed 
analysis in the EA. This discussion is on page 19 of the EA. The 
science surrounding the issue of the long-term effects of groomed roads 
on bison and elk is currently unclear. Experts disagree about how 
groomed roads affect, if at all, bison distribution and abundance. 
Given the scientific uncertainty surrounding these complex ecological 
issues, an end to the long-standing practice of road grooming is not 
warranted at this time, as it would effectively close much of the park 
to visitors, thereby preventing the NPS from allowing for the public to 
experience and enjoy many of the park's most significant resources. 
Although administrative use is not part of this winter use plan and 
these regulations, a total cessation of road grooming and packing would 
affect critical park operations, and the ability to protect park 
resources, and present considerable adverse effects on employee health 
and safety. The NPS is also in the midst of several important studies, 
which will provide further information to address these issues. The 
results of these studies will be available for a longer-term analysis 
of winter use in the parks.
    Experimental closures of a portion of Yellowstone's road system 
(such as one or two road segments) would also be impractical at this 
time for similar reasons. Many of the side roads that are only open to 
snowcoaches closely parallel the main roads and would not appear to be 
useful for experimental closures. Also, the NPS believes it is more 
prudent to wait for the results of the road grooming study before 
considering any road closures, since it will provide important 
information about which road segments are most critical to bison 
distribution and abundance. It is currently uncertain which road 
segments may play the most important role in facilitating bison travel 
(if at all). Further, variables in weather could have great influence 
on bison distribution and their use of groomed roads. It would take 
several years of monitoring the effects of road closures to understand 
how weather conditions might affect bison movements. This would be 
beyond the interim period of this plan. Finally, experimental closures 
of some road segments could inhibit visitor access to some of 
Yellowstone's most world-renowned features.

Consistency With Laws, Policies, Executive Orders, Court Decisions, 
etc.

    21. Comment: The NPS Organic Act requires that park resources be 
protected in an unimpaired condition. The NPS must err on the side of 
protecting park resources unimpaired. The EA, SEIS, and Final EIS have 
all shown that recreational snowmobiles impair park resources and 
values. Therefore, snowmobiles should be phased-out.
    Response: The results from the 2003-2004 winter demonstrates that 
some level of snowmobile use may take place without impairing park 
resources. The EA analysis indicates that alternative 4, implemented by 
this final rule, does not impair park resources and values. The NPS 
believes this alternative is consistent with the Organic Act, because 
it best balances protection of park resources and values with allowing 
for appropriate public enjoyment and access to the parks.
    22. Comment: NPS must adopt the snowcoach-only alternative in order 
to comply with NPS regulations, Executive Orders, and NPS Management 
Policies. The EA concludes that snowmobile use will continue to cause 
adverse effects previously considered unacceptable to air quality, 
public and employee health, natural quiet, wildlife, and visitor 
experience.
    Response: Additional language has been added to the FONSI and final 
rule clarifying why the NPS believes this decision and rule are 
consistent with NPS regulations, Executive Orders, and NPS Management 
Policies.
    23. Comment: The NPS has failed to provide a legitimate rationale 
for reversing its November 2000 decision to phase out snowmobile use. 
Further, there have been no significant changes that would justify 
allowing recreational snowmobiling in the parks.
    Response: First, the results of the winter of 2003-2004 demonstrate 
that some level of snowmobile use can take place, and provide a 
rational basis for modifying the November 2000 decision. This rule 
balances winter use with protection of park resources to ensure that 
adverse impacts from historical types and numbers of snowmobile use 
will not occur. Strictly limited snowmobile numbers, combined with BAT 
requirements and requirements for commercial guiding, ensure that the 
impacts to park resources and values are not significant. Monitoring 
information from the winter of 2003-2004 demonstrates the important 
role these strict limitations play in protecting park resources and 
values. In addition, the NPS has discretion under the 1916 Organic Act 
to balance the protection of

[[Page 65354]]

park resources while providing for appropriate visitor enjoyment of the 
parks. This final rule reflects that balancing mandate. Finally, the 
2000 decision and resulting 2001 rule were vacated by the Wyoming 
court.

Park Resource Issues

    24. Comment: NPS needs to explain why it prefers larger groups that 
are audible farther away than small groups (though less frequently) 
over smaller groups that are less audible (but more frequently).
    Response: Allowing larger groups reduces the overall number of such 
groups, which decrease the percent time oversnow vehicles (OSVs) are 
audible. The commentor is encouraged to read the soundscapes analysis 
in the EA on pages 102-117. Allowing larger groups also reduces the 
number of times that snowmobile groups encounter bison and other 
wildlife along the road.
    25. Comment: Allowing continued employee exposure to toxic air 
pollutants violates the park's commitment to employee welfare and 
safety. Further, proposing to more than double the number of 
snowmobiles, despite documented violations of Agency for Toxic 
Substances and Disease Registry (ATSDR) Minimal Risk Levels (MRLs) for 
benzene and toluene, violates NPS management policies.
    Response: Although it appears the now-vacated adaptive management 
thresholds (ATSDR MRLs) for benzene and toluene may have been exceeded 
during the winter of 2003-2004, no standards, including those of OSHA, 
the National Institute for Occupational Safety and Health, and the 
American Conference of Governmental Industrial Hygienists, were 
exceeded. There is also some uncertainty how the ATSDR standards are 
applied and interpreted in these settings. NPS will continue its 
efforts to ensure a safe work environment. The three-year interim 
period will provide NPS the opportunity to better understand the 
applicability of the ATSDR MRLs and continue monitoring employee 
exposure to toxic air pollutants. BAT requirements and limits on 
snowmobile numbers will help mitigate potential violations of ATSDR 
MRLs or other health standards.
    26. Comment: The EA and proposed rule do not address NPS' 
obligation to protect the natural smells of the parks. At locations 
such as Old Faithful, when snowmobile numbers are high and/or weather 
conditions trap emissions, there is every reason to believe that the 
odor of snowmobile exhaust will build beyond the threshold.
    Response: Most odors from snowmobile emissions are associated with 
2-stroke engines and the combination of burned and unburned gasoline 
and oil that is emitted as hydrocarbon emissions. Current BAT 
snowmobiles are all 4-stroke, and 4-stroke engines eliminate the 
emission of unburned gas and oil. BAT snowmobiles reduce hydrocarbon 
emissions by a minimum of 90%, relative to conventional two-stroke 
snowmobiles. This will reduce the presence of snowmobile exhaust. 
However, on days when there are poor weather conditions (such as an 
inversion or little air movement), it is possible that the scent of 4-
stroke snowmobile exhaust (similar to automobiles) may be noticeable. 
The three year interim period of this rule will provide the opportunity 
for the NPS to monitor conditions.
    27. Comment: The proposed rule impairs visitor experience by 
creating more air and noise pollution, creating more congestion on park 
roadways, and disturbing wildlife. A rule that prohibited recreational 
snowmobiling would offer greater potential for visitor enjoyment than 
the proposed rule.
    Response: The impacts to visitor experience are disclosed in the 
EA, which concludes that this final rule would not impair visitor 
experience. This rule balances protection of park resources while 
allowing appropriate visitor enjoyment and access to the parks. Under 
this rule, visitors will have greater choice about how they access the 
parks (i.e., on snowmobiles or snowcoaches) than if snowmobiles were 
prohibited.
    28. Comment: Snowmobile use impairs wildlife. The NPS should 
prohibit snowmobiling because of its impacts to wildlife.
    Response: Last winter's experience demonstrates that wildlife are 
not necessarily impaired by snowmobile use. This rule requires that all 
snowmobilers travel with a commercial guide, which will mitigate 
impacts to wildlife. NPS has concluded that the rule will not result in 
impairment. Using guides that have training and expertise riding with 
winter wildlife, and a professional obligation to obey NPS regulations, 
are the most efficient means to educate riders and ensure compliance 
with park rules. Authorized guide companies, each responsible for the 
activities of their tour groups, can reduce impacts by: Keeping their 
groups an appropriate distance from wildlife, ensuring that all members 
of the group abide by snowmobile regulations including abiding by 
posted speed limits, preventing riders from approaching animals, and 
reducing noise levels and the time a group interacts with a group of 
animals. Professional guide services with contractual obligations also 
permit more effective enforcement by NPS rangers and business 
management personnel. One study noted in the EA found that 
recreationists often believed that it was acceptable to approach 
wildlife more closely than the data indicated the animals would 
tolerate. Thus, the education and supervision provided to groups by 
their commercial guides is key in reducing disturbance to wildlife. 
Effects to wildlife are further mitigated by the Superintendent's 
current requirement that OSVs only travel between 7 a.m. and 9 p.m.

Miscellaneous

    29. Comment: The proposed rule, based on the EA, violates NEPA 
because there are significant impacts to the human environment.
    Response: The NPS believes this rule is supported by the FONSI. 
While there will be impacts to park resources that are adverse, they 
are no greater than moderate in intensity. NPS training and practice 
supports the use of a FONSI at moderate levels of impact. Although this 
rule is of a temporary duration, the finding is based on the actual 
impacts during those three years and does not rest solely on the fact 
that the rule is only effective for three years.
    30. Comment: The proposed rule on winter use is not written 
clearly, as required by Executive Order 12866. Specifically, the 
discussion on BAT and the economic analysis are highly technical.
    Response: Snowmobile technology and economic analyses are 
inherently highly complex issues. We would encourage the reader to 
review the pages in the EA where broader discussions of these topics 
occur.
    Issue: Several commentors did not agree with the requirement that 
only people with valid driver's licenses be allowed to operate a 
snowmobile in the parks. There is no evidence that children with a 
learner's permit cause problems driving snowmobiles.
    NPS Response: In ordinary circumstances with automobiles, 
individuals possessing learner's permits are required to be accompanied 
by a fully licensed driver. Learner's permits are intended to allow 
student drivers the opportunity to safely learn positive driving habits 
while in the presence of an adult. However, operation of snowmobiles in 
Yellowstone is a totally different environment. In fact, past 
experience is that children with learner's permits often will ride on a

[[Page 65355]]

snowmobile by themselves, with adults on other snowmobiles that would 
be some distance away. The park and visitors will be safer by requiring 
that all snowmobile operators have driver's licenses.
    31. Comment: Snowmobile and snowcoach contracts or permits should 
be offered to all qualified applicants at least through this interim 
rule.
    Response: Concessions contracting issues are beyond the scope of 
this rulemaking. However, NPS regulations governing concessioners 
require that all businesses operating in the parks have a contract with 
the NPS. The number of concessions contracts issued is limited in order 
to provide a viable economic opportunity to authorized concession 
providers. Therefore, the NPS could not allow an unlimited number of 
concessions contracts.
    32. Comment: Every snowmobile operating within the State of Wyoming 
is required to display a resident or non-resident user fee sticker and 
those available for rent must display a Wyoming commercial snowmobile 
registration. This should be required in Yellowstone and Grand Teton 
National Park.
    Response: This State law is not applicable within Yellowstone 
National Park as a result of its exclusive Federal jurisdiction status. 
In Grand Teton National Park and the Parkway, where the NPS holds 
concurrent jurisdiction with the State of Wyoming, State law is 
assimilated so long as it does not conflict with Federal regulations. 
This final rule allows snowmobile owners to display a valid snowmobile 
registration from any State or Canadian province. Owners may choose to 
register their snowmobiles in Wyoming.
    33. Comment: Publishing a proposed rule before the EA's public 
comment period was completed demonstrates that the NPS predetermined 
the outcome of this process.
    Response: Publishing the proposed regulation concurrently with the 
public review of the EA provides the public with the opportunity to 
comment and potentially affect in a substantive manner both actions, 
since no final decisions have been made. This enhances the public's 
ability to participate in agency decisionmaking, while at the same time 
streamlining the process so that it can be completed in time to provide 
the public with adequate notice prior to the start of the winter use 
season.
    34. Comment: The rule should re-evaluate the issue of snowplanes on 
Jackson Lake. The NPS has failed to supply a reasoned analysis for 
total elimination of snowplane use.
    Response: The NPS continues to believe that the data and analysis 
in previous environmental analyses remain valid and again concluded in 
the FONSI that the use of snowplanes on Jackson Lake would result in 
impairment of the natural soundscape. The NPS is not aware of any new 
or additional information regarding snowplanes that would suggest any 
different conclusion. Therefore, the NPS would be in violation of the 
NPS Organic Act if it were to allow the recreational use of snowplanes 
on Jackson Lake. In addition, with their unguarded propellers and high 
travel speeds, snowplanes present unacceptable safety risks, even on 
the surface of Jackson Lake.
    35. Comment: The NPS should allow for up to 70 snowmobiles per day 
on Jackson Lake on Fridays, Saturdays, and Sundays, and should allow 
for a 5-year phase-in period for BAT snowmobiles on the lake.
    Response: The NPS will monitor the amount of use on Jackson Lake 
and collect data on the impacts of snowmobiles on natural soundscapes. 
This information will be used in the development of a long-term plan 
and will help to determine whether higher (or lower) daily entry limits 
should be established. A 5-year phase-in period for BAT snowmobiles 
exceeds the length of time that this rule is intended to cover and 
would be inconsistent with the NPS' determination that the use of non-
BAT snowmobiles causes unacceptable impacts on the natural soundscape 
of Jackson Lake and Grand Teton National Park.

Changes to the Final Rule

    After taking the public comments into consideration, and after 
additional internal review, four changes were made to the final rule. 
These changes are as follows:
    First, we have added a footnote to table 1 in Sec.  7.13 noting 
that entry limits at Yellowstone National Park's North Entrance and at 
Old Faithful may be reallocated as necessary so long as the total 
number of snowmobiles authorized on any single day for these two sites 
does not exceed 60. We are allowing this because commercially guided 
snowmobile tours originating at the North Entrance and Old Faithful are 
currently provided solely by Xanterra Parks and Resorts. This allows 
the concessioner to respond to changing visitor demand for commercially 
guided snowmobile tours, thus enhancing visitor service in Yellowstone. 
It also benefits visitors using other concessioners and entering at 
other locations, if they choose to stay overnight at Old Faithful or 
Mammoth Hot Springs (near the North Entrance). These visitors will have 
greater options for guided snowmobile tours given this change, since 
the daily entry limits can be adjusted (as long as they do not exceed 
60 snowmobiles) to meet changing demand.
    Second, paragraph (g)(3) of Sec.  7.22 has been modified to specify 
that snowmobile use on routes used to access other public lands or 
private property within or adjacent to Grand Teton National Park is not 
subject to the three-year interim period of this rule. These snowmobile 
routes are not used for recreational purposes and are generally not 
subject to the winter use planning process. Because their impacts are 
low, NPS we never intended to sunset these routes after three winter 
seasons.
    Third, we are allowing the use of non-BAT snowmobiles on the 
section of the Continental Divide Snowmobile Trail (CDST) in Grand 
Teton National Park from the park's east boundary to Moran Junction. 
This portion of the CDST is located immediately adjacent to the major 
U.S. highway serving northwest Wyoming, which carries a high volume of 
automobile and commercial truck traffic. The park boundary is such that 
the CDST over this segment is sometimes within the park and sometimes 
out of the park. This portion of the CDST also provides access to 
nearby public and private lands. For a variety of practical reasons as 
well as to ensure access to public and private lands, this portion of 
the CDST will not be subject to BAT requirements nor to the daily 
entrance limits. This route has been identified under paragraph (g)(16) 
(iii) in Sec.  7.22.
    Fourth, in paragraph (g)(16) of Sec.  7.22, we have specified that 
BAT requirements do not apply to snowmobiles using the routes listed in 
that paragraph. This was inadvertently omitted from the proposed rule. 
The purpose of the three access routes identified in this paragraph is 
to provide access to other areas outside of Grand Teton National Park, 
where BAT snowmobiles are not required. They are relatively short road 
segments through the park with relatively infrequent use. This change 
makes paragraph (g)(16) consistent with paragraph (g)(18), which states 
that BAT snowmobiles are not required to access private property within 
or adjacent to Grand Teton National Park.

Summary of Economic Analysis

    This analysis examines five alternatives for temporary winter use 
plans in the Greater Yellowstone Area

[[Page 65356]]

(Yellowstone National Park, Grand Teton National Park, and John D. 
Rockefeller, Jr., Memorial Parkway). Alternative 1 would permit 
snowcoachs only, banning recreational snowmobile use within the parks. 
Alternative 1 is similar to the conditions expected under the January 
2001 final rule. Alternative 2 would emphasize snowcoach access while 
allowing some snowmobile use with 100% commercially guided trips. That 
alternative is similar to the conditions experienced during the 2003-
2004 winter season. Alternative 3 balances snowmobile and snowcoach 
access, and permits 20% unguided trips in Yellowstone. Alternative 4 
allows more snowmobile use than Alternative 3, but requires 100% 
commercially guided trips in Yellowstone. Alternative 4 is the 
preferred alternative. Finally, Alternative 5 allows more snowmobile 
use than Alternative 4, and permits 20% non-commercially guided trips 
in Yellowstone. Alternative 5 is similar to the conditions expected 
under the December 2003 final rule.
    This analysis estimates the benefits and costs associated with the 
5 alternatives relative to two baselines: Alternative 1, which would 
ban snowmobiles, and historic snowmobile use as represented by the 
1997-1998 winter season. The rationale for using these two baselines 
flows from two regulatory actions and three Federal district court 
rulings. NPS issued a special regulation on January 22, 2001, phasing 
in a snowmobile ban. In settling a law suit filed by the International 
Snowmobile Manufacturers' Association and other plaintiffs regarding 
that regulation, NPS agreed to re-evaluate its winter use plan 
alternatives, and subsequently issued a special regulation on December 
11, 2003, permitting snowmobile use subject to certain management 
restrictions. On December 16, 2003, the Washington, DC, District Court 
issued a ruling overturning the December 2003 regulation and 
implementing the January 2001 regulation. Following that ruling on 
February 10, 2004, the Wyoming District Court issued a preliminary 
injunction against implementing the January 2001 regulation. That 
injunction was followed by an October 15, 2004, ruling from the same 
court overturning the January 2001 regulation.
    These two rulings potentially imply the two baselines used in this 
analysis. In order to cover the potential range of analysis suggested 
by these rulings, NPS used Alternative 1 and historic snowmobile use as 
alternative baselines to estimate the benefits and costs of its 
proposed temporary winter use plan alternatives. NPS believes that the 
actual economic impacts of the proposed temporary winter use plan 
alternatives fall within the range of benefits and costs estimated 
relative to these two baselines.
    The quantitative results of the benefit-cost analysis are 
summarized below with respect to Alternative 1 and the historical 
baselines, respectively. It is important to note that this analysis 
could not account for all costs or benefits due to limitations in 
available data. For example, the costs associated with adverse impacts 
to park resources and with law enforcement incidents are not reflected 
in the quantified net benefits presented in this summary. It is also 
important to note that the benefit-cost analysis addresses the economic 
efficiency of the different alternatives and not their distributive 
equity (i.e., does not identify the specific sectors or groups on which 
the majority of impacts fall). Therefore, additional explanation is 
required when interpreting the results of this benefit-cost analysis. 
An explanation of the selection of the preferred alternative is given 
following the summaries of quantified benefits and costs.

Quantified Benefits and Costs Relative to the Alternative 1 Baseline

    The primary beneficiaries of Alternatives 2, 3, 4, and 5 relative 
to the Alternative 1 baseline are the park visitors who ride 
snowmobiles in the park and the businesses that serve them such as 
rental shops, restaurants, gas stations, and hotels. Overall, 
Alternative 5 should provide greater quantified benefits to snowmobiles 
than Alternatives 2 through 4. The daily caps on snowmobile use vary 
across the four alternatives, with Alternative 5 allowing the most 
snowmobiles per day into the parks. Alternatives 2, 3 (in 2004-2005), 
and 4 require snowmobilers to be part of a commercially guided tour, 
which is expected to reduce benefits to snowmobilers who prefer 
unguided tours or who face additional expenses from being forced to 
take a guided tour. Alternatives 3 (in 2005-2006 and beyond) and 5 
allow for at least 20% of the tours to be unguided or led by non-
commercial guides, which may somewhat mitigate the potential loss in 
benefits associated with the commercial guided tour requirement.
    The primary consumer group that would incur costs under 
Alternatives 2, 3, 4, and 5 would be the park visitors who do not ride 
snowmobiles. Out of the set of alternatives that allow for continued 
snowmobile access to the parks, Alternative 2 is expected to impose the 
lowest costs on non-snowmobile users because of the lower daily limits 
and the commercially guided tour requirements.
    Alternative 5 is expected to provide the greatest benefits to local 
businesses because it places the least restrictions on snowmobilers and 
is expected to result in the largest increase in visitation. 
Alternatives 2 and 4 are the most restrictive options for snowmobilers 
(primarily due to the requirement that all snowmobilers in Yellowstone 
must be on commercially guided tours) and are expected to result in the 
smallest increase in visitation relative to the Alternative 1 baseline 
among Alternatives 2 through 5.
    Based on the results of this analysis, the losses to non-
snowmobilers generally outweigh the gains to snowmobilers and local 
businesses. However, there are a number of uncertainties that may 
influence this result. The most important factor is that this analysis 
uses the estimated losses to non-snowmobilers in Yellowstone to 
estimate the losses to non-snowmobilers in Grand Teton. This may 
overstate the losses to non-snowmobilers in Grand Teton because there 
is less snowmobile use in Grand Teton than in Yellowstone, which may 
imply that non-snowmobilers are less affected by their presence. 
Snowmobile use and non-snowmobile activities tend to occur in separate 
areas of Grand Teton, while there is much more overlap in the areas 
used by these visitors in Yellowstone. In addition, the study design 
did not describe whether all the snowmobiles were on guided tours. The 
effect of this on the conclusion of the results is unknown. Finally, 
the underlying study measured visitor's preferences as compared to 
hypothetical alternatives. The responses to the survey could differ 
from actual behavior.
    The present values of quantified net benefits (benefits minus 
costs) are presented in Table 1 for the Alternative 1 baseline. As 
noted above, these quantified net benefits do not account for certain 
costs associated with the protection of park resources or with law 
enforcement incidents. Further, these quantified net benefits do not 
reflect potentially significant distributive impacts on local 
communities. For example, the regional economic analysis that was done 
as part of the Temporary Winter Use Plans Environmental Assessment 
(NPS, August 2004) show that Alternative 4 resulted in the second 
highest economic gains to the area businesses as compared to 
Alternative 1. While this type of analysis only estimates the effects 
to local businesses rather than to society as a whole (which is 
reflected in the results below), it provides useful information about 
the

[[Page 65357]]

rule's estimated effects in the surrounding communities. The regional 
economic analysis shows that Alternative 5 resulted in the highest gain 
to area businesses, but that alternative was not chosen due to its non-
monetized effects on the parks' resources. The amortized quantified net 
benefits per year are presented in Table 2 for the Alternative 1 
baseline.
BILLING CODE 4312-CT-P
[GRAPHIC] [TIFF OMITTED] TR10NO04.003


[[Page 65358]]


BILLING CODE 4312-CT-C

Quantified Benefits and Costs Relative to the Historical Use Baseline

    The primary losses under Alternatives 1 through 5 relative to the 
historical use baseline accrue to the park visitors who ride 
snowmobiles in the parks and the businesses that serve them. Overall, 
Alternative 1 would impose greater losses on snowmobilers since it 
would ban snowmobiles in the parks. The losses associated with 
Alternatives 2 through 5 are less since those alternatives would allow 
some level of snowmobile use. Alternatives 2 and 4 would also require 
100% commercially guided tours. That feature is expected to increase 
losses to snowmobilers who prefer unguided tours or who face additional 
expenses from being forced to take commercially guided tours.
    The primary beneficiaries of Alternatives 1 through 5 would be the 
park visitors who do not ride snowmobiles. Alternative 1 would yield 
the greatest benefits for non-snowmobilers. Out of the set of 
alternatives allowing continued snowmobile access to the parks, 
Alternative 2 is expected to generate the largest gains for non-
snowmobilers because of the lower daily limits, stricter technology 
requirements, and the commercially guided tour requirement. Alternative 
4 is expected to generate only slightly lower gains for non-snowmobile 
users than Alternative 2, with the biggest difference between 
Alternatives 2 and 4 coming from the higher daily use limits under 
Alternative 4.
    For businesses, the losses relative to the historical use baseline 
are expected to be ordered in the same way as losses accruing to 
snowmobilers because they are driven largely by the number of visitors. 
Alternative 1 is expected to have the greatest negative impact on local 
businesses because it places the highest restrictions on snowmobilers 
and is expected to result in the largest decrease in visitation. 
Alternative 5 is the least restrictive option for snowmobilers and is 
expected to result in the smallest decrease in visitation.
    Based on the results of this analysis, the gains to non-
snowmobilers generally outweigh the losses to snowmobilers and local 
businesses. However, as noted in the summary of benefits and costs 
relative to the Alternative 1 baseline, there are a number of 
uncertainties that may influence this result.
    The present values of quantified net benefits (benefits minus 
costs) are presented in Table 3 for the historical use baseline. As 
noted above, these quantified net benefits do not account for certain 
costs associated with the protection of park resources or with law 
enforcement incidents. Further, these quantified net benefits do not 
reflect potentially significant distributive impacts on local 
communities. For example, the regional economic analysis that was done 
as part of the Temporary Winter Use Plans Environmental Assessment 
(NPS, August 2004) show that Alternative 4 resulted in the second 
lowest economic losses to the area businesses as compared to the 
historical use baseline. While this type of analysis only estimates the 
effects on local businesses rather than to society as a whole (which is 
reflected in the results below), it provides useful information about 
the economic impact to the surrounding communities. The regional 
economic analysis shows that Alternative 5 resulted in the lowest 
losses to area businesses, but that Alternative was not chosen due to 
its non-monetized effects on the parks' resources. The amortized 
quantified net benefits per year are presented in Table 4 for the 
historical use baseline.
[GRAPHIC] [TIFF OMITTED] TR10NO04.004


[[Page 65359]]


[GRAPHIC] [TIFF OMITTED] TR10NO04.005

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 report ``Economic 
Analysis of Temporary Regulations on Snowmobile Use in the Greater 
Yellowstone Area'' (RTI International, October 2004).
    (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 has been the subject of numerous 
lawsuits regarding winter use management.

Regulatory Flexibility Act

    The Department of the Interior has determined that this document 
will have a significant economic effect on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Therefore a Regulatory Flexibility Analysis has been conducted. 
The information is contained in the report entitled ``Economic Analysis 
of Temporary Regulations on Snowmobile Use in the Greater Yellowstone 
Area'' (RTI International, October 2004). The report is available on 
the Yellowstone Web site.
    From the point of view of small businesses, Alternative 5 and 
potentially Alternative 3 might be marginally better for small 
businesses depending on how popular commercially guided tours turn out 
to be, because they may result in higher visitation than Alternative 4. 
However, for reasons described in Section 1 of the Economic Analysis 
and the August 2004 Temporary Winter Use Plans Environmental 
Assessment, NPS has decided that all snowmobiles should be commercially 
guided. Compared to Alternative 2, Alternative 4 would be better for 
small businesses because of the higher daily entrance limits, thus 
potentially increasing revenue generated by higher snowmobile 
visitation to the parks.

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

[[Page 65360]]

Greater Yellowstone Area, 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 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

    An Environmental Assessment and a Finding of No Significant Impact 
(FONSI) have been completed. The EA and FONSI are available for review 
by contacting Yellowstone or Grand Teton Superintendent Offices or at 
www.nps.gov/yell/winteruse-ea.

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:
    The NPS has 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 
previous 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.
    Drafting Information: The primary authors of this regulation were 
Kevin Schneider, Outdoor Recreation Planner, and John Sacklin, 
Management Assistant, Yellowstone National Park; Gary Pollock, 
Management Assistant, Grand Teton National Park; and Kym Hall, Special 
Assistant, National Park Service, Washington DC.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements.


0
36 CFR part 7 is amended as set forth below:

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

0
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).

0
2. Amend Sec.  7.13 to revise paragraph (l) to read as follows:


Sec.  7.13  Yellowstone National Park.

* * * * *
    (1)(1) What is the scope of this regulation? The regulations 
contained in paragraphs (l)(2) through (1)(17) of this section are 
intended to apply to the use of recreational and commercial 
snowmobiles. Except where indicated, paragraphs (1)(2) through (l)(17) 
do not apply to non-administrative snowmobile or snowcoach use by NPS, 
contractor or concessioner employees who live or work in the interior 
of Yellowstone, or other non-recreational users authorized by the 
Superintendent.
    (2) What terms do I need to know? This paragraph also applies to 
non administrative snowmobile use by the NPS, contractor or 
concessioner employees, or other non-recreational users authorized by 
the Superintendent.
    Commercial guide means a guide who operates as a snowmobile guide 
for a fee or compensation and is authorized to operate in the park 
under a concession contract. In this regulation, ``guide'' also means 
``commercial guide.''
    Historic snowcoach means a Bombardier snowcoach manufactured in 
1983 or earlier. Any other snowcoach is considered a non-historic 
snowcoach.
    Oversnow route means that portion of the unplowed roadway located 
between the road shoulders and 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. The only motorized vehicles permitted on oversnow 
routes are oversnow vehicles.
    Oversnow vehicle means a snowmobile, snowcoach, or other motorized 
vehicle that is intended for travel primarily on snow and has been 
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, 
and 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.
    (3) May I operate a snowmobile in Yellowstone National Park? (i) 
You may operate a snowmobile in Yellowstone National Park in compliance 
with use limits, guiding requirements, operating hours and dates, 
equipment, and operating conditions established pursuant to 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 or in the Federal Register.
    (ii) The authority to operate a snowmobile in Yellowstone National 
Park established in paragraph (l)(3)(i) is in effect only through the 
winter season of 2006-2007.
    (4) May I operate a snowcoach in Yellowstone National Park? (i) 
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.

[[Page 65361]]

    (ii) Beginning with the winter of 2005-2006, all non-historic 
snowcoaches must meet NPS air emissions requirements. These 
requirements are the applicable EPA emission standards for the vehicle 
at the time it was manufactured.
    (iii) All critical emission-related exhaust components (as defined 
in 40 CFR 86.004-25(b)(3)(iii) through (v)) must be functioning 
properly. Malfunctioning critical emissions-related components must be 
replaced with the original equipment manufacturer (OEM) component, 
where possible. Where OEM parts are not available, aftermarket parts 
may be used.
    (iv) Modifying or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (v) Individual snowcoaches may be subject to periodic inspections 
to determine compliance with the requirements of paragraphs (l)(4)(ii) 
through (l)(4)(iv) of this section.
    (vi) Historic snowcoaches are not required to meet air emissions 
restrictions.
    (vii) The authority to operate a snowcoach in Yellowstone National 
Park established in paragraph (l)(4)(i) is in effect only through the 
winter season of 2006-2007.
    (5) Must I operate a certain model of snowmobile? Only commercially 
available snowmobiles that meet NPS air and sound emissions 
requirements as set forth in this section may be operated in the park. 
The Superintendent will approve snowmobile makes, models, and year of 
manufacture that meet those requirements. Any snowmobile model not 
approved by the Superintendent may not be operated in the park.
    (6) How will the Superintendent approve snowmobile makes, models, 
and year of manufacture for use in the park? (i) Beginning with the 
2005 model year, all snowmobiles must be certified under 40 CFR part 
1051, to a Family Emission Limit no greater than 15 g/kW-hr for 
hydrocarbons and to a Family Emission Limit no greater than 120 g/kW-hr 
for carbon monoxide.
    (A) 2004 model year snowmobiles may use measured emissions levels 
(official emission results with no deterioration factors applied) to 
comply with the emission limits specified in paragraph (l)(6)(i) of 
this section.
    (B) Snowmobiles manufactured prior to the 2004 model year may be 
operated only if they have been shown to have emissions no greater than 
the limits specified in paragraph (l)(6)(i) of this section.
    (C) The snowmobile test procedures specified by EPA (40 CFR parts 
1051 and 1065) shall be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent procedures may be used for 
earlier model years.
    (ii) For sound emissions, snowmobiles must operate at or below 
73dB(A) as measured at full throttle using test procedures similar to 
Society of Automotive Engineers J192 test procedures (revised 1985). 
Snowmobiles may be tested at any barometric pressure equal to or above 
23.4 inches Hg uncorrected.
    (iii) The Superintendent may prohibit entry into the park of any 
snowmobile that has been modified in a manner that may adversely affect 
air or sound emissions.
    (7) Where must I operate my snowmobile in Yellowstone National 
Park? (i) You must operate your snowmobile only upon designated 
oversnow routes established within the park in accordance with Sec.  
2.18(c) of this chapter. The following oversnow routes are so 
designated for snowmobile use through the winter season of 2006-2007:
    (A) The Grand Loop Road from its junction with Terrace Springs 
Drive to Norris Junction.
    (B) Norris Junction to Canyon Junction.
    (C) The Grand Loop Road from Norris Junction to Madison Junction.
    (D) The West Entrance Road from the park boundary at West 
Yellowstone to Madison Junction.
    (E) The Grand Loop Road from Madison Junction to West Thumb.
    (F) The South Entrance Road from the South Entrance to West Thumb.
    (G) The Grand Loop Road from West Thumb to its junction with the 
East Entrance Road.
    (H) The East Entrance Road from the East Entrance to its junction 
with the Grand Loop Road.
    (I) The Grand Loop Road from its junction with the East Entrance 
Road to Canyon Junction.
    (J) The South Canyon Rim Drive.
    (K) Lake Butte Road.
    (L) In the developed areas of Madison Junction, Old Faithful, Grant 
Village, Lake, Fishing Bridge, Canyon, Indian Creek, and Norris.
    (M) Firehole Canyon Drive between noon and 9 p.m. each day.
    (ii) The Superintendent may open or close these routes, or portions 
thereof, for snowmobile travel 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.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (iv) Maps detailing the designated oversnow routes will be 
available from Park Headquarters.
    (8) What routes are designated for snowcoach use? (i) Authorized 
snowcoaches may only be operated on the routes designated for 
snowmobile use in paragraphs (l)(7)(i)(A) through (l)(7)(i)(M) of this 
section and the following additional oversnow routes through the winter 
season 2006-2007:
    (A) Firehole Canyon Drive.
    (B) Fountain Flat Road.
    (C) Virginia Cascades Drive.
    (D) North Canyon Rim Drive.
    (E) Riverside Drive.
    (F) That portion of the Grand Loop Road from Canyon Junction to 
Washburn Hot Springs overlook.
    (ii) The Superintendent may open or close these oversnow routes, or 
portions thereof, or designate new routes for snowcoach travel 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.
    (iii) This paragraph also applies to non-administrative snowcoach 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (9) Must I travel with a commercial guide while snowmobiling in 
Yellowstone and what other guiding requirements apply?
    (i) All recreational snowmobile operators must be accompanied by a 
commercial guide.
    (ii) Snowmobile parties must travel in a group of no more than 11 
snowmobiles, including that of the guide.
    (iii) Guided parties must travel together within a maximum of one-
third mile of the first snowmobile in the group.
    (10) Are there limits established for the numbers of snowmobiles 
permitted to operate in the park each day? The numbers of snowmobiles 
allowed to operate in the park each day is limited to a certain number 
per entrance or location. The limits are listed in the following table:

[[Page 65362]]



            Table 1 to Sec.   7.13.--Daily Snowmobile Limits
------------------------------------------------------------------------
                                                          Total  number
                                                                of
                                                           commercially
                 Park entrance/location                       guided
                                                            snowmobile
                                                           allocations
------------------------------------------------------------------------
(i) YNP--North Entrance*...............................               30
(ii) YNP--West Entrance................................              400
(iii) YNP--South Entrance..............................              220
(iv) YNP--East Entrance................................               40
(v) YNP--Old Faithful*.................................              30
------------------------------------------------------------------------
*These limits may be reallocated between these two areas as necessary,
  so long as the total daily number of snowmobiles for the two areas
  does not exceed 60.

    (11) When may I operate my snowmobile or snowcoach? The 
Superintendent will determine operating hours and dates. Expect for 
emergency situations, changes to operating hours may be made annually 
and the public will be notified of those changes through one or more of 
the methods listed in Sec.  1.7(a) of this chapter.
    (12) What other conditions apply to the operation of oversnow 
vehicles? (i) The following are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Driving an oversnow vehicle while the driver's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving 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 are required:
    (A) All oversnow 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. Oversnow 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 drivers must possess a valid motor vehicle 
driver's license. A learner's permit does not satisfy this requirement. 
The license must be carried by the driver 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 
registration from the United States or Canada.
    (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.
    (iv) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employee, or other non-
recreational users as authorized by the Superintendent.
    (13) 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 driver is under 21 years of age and the 
alcohol concentration in the driver'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.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is a snowmobile guide or a 
snowcoach driver and the alcohol concentration in the operator's blood 
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood 
or 0.04 grams or more of alcohol per 210 liters of breath.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users as authorized by the Superintendent.
    (14) Do other NPS regulations apply to the use of oversnow 
vehicles? (i) The use of oversnow vehicles in Yellowstone is not 
subject to Sec. Sec.  2.18 (b), (d), (e), and 2.19(b) of this chapter.
    (ii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users as authorized by the Superintendent.
    (15) Are there any forms of non-motorized oversnow transportation 
allowed in the park? (i) Non-motorized travel consisting of skiing, 
skating, snowshoeing, or walking is permitted unless otherwise 
restricted pursuant to this section or other provisions of 36 CFR part 
1.
    (ii) 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.
    (iii) Dog sledding and ski-joring are prohibited.
    (16) May I operate a snowplane in Yellowstone? The operation of a 
snowplane in Yellowstone is prohibited.
    (17) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(l)(1) through (l)(16) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.

0
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 is the scope of this regulation? The regulations 
contained in paragraphs (a)(2) through (a)(17) of this section are 
intended to apply to the use of recreational and commercial 
snowmobiles. Except where indicated, paragraphs (a)(2) through (a)(17) 
do not apply to non-administrative snowmobile or snowcoach use by NPS, 
contractor or concessioner employees who live or work in the interior 
of Yellowstone, or other non-recreational users authorized by the 
Superintendent.
    (2) What terms do I need to know? All the terms in Sec.  7.13(l)(2) 
of this part apply to this section. This paragraph also applies to non-
administrative snowmobile use by NPS, contractor or concessioner 
employees, or other non-recreational users authorized by the 
Superintendent.
    (3) May I operate a snowmobile in the Parkway? (i) You may operate 
a snowmobile in the Parkway in compliance with use limits, guiding 
requirements, operating hours and dates, equipment, and operating 
conditions established pursuant to 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 or in 
the Federal Register.
    (ii) The authority to operate a snowmobile in the Parkway 
established in paragraph (a)(3)(i) is in effect only through the winter 
season 2006-2007.
    (4) May I operate a snowcoach in the Parkway? (i) Commercial 
snowcoaches may be operated in the Parkway under a concessions 
contract. Non-commercial snowcoaches may be operated if

[[Page 65363]]

authorized by the Superintendent. Snowcoach operation is subject to the 
conditions stated in the concessions contract and all other conditions 
identified in this section.
    (ii) Beginning with the winter of 2005-2006, all non-historic 
snowcoaches must meet NPS air emissions requirements. These 
requirements are the applicable EPA emission standards for the vehicle 
at the time it was manufactured.
    (iii) All critical emission-related exhaust components (as defined 
in 40 CFR 86.004-25(b)(3)(iii) through (v)) must be functioning 
properly. Malfunctioning critical emission-related components must be 
replaced with the original equipment manufacturer (OEM) component, 
where possible. Where OEM parts are not available, after-market parts 
may be used.
    (iv) Modifying or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (v) Individual snowcoaches may be subject to periodic inspections 
to determine compliance with the requirements of paragraphs (a)(4)(ii) 
through (a)(4)(iv) of this section.
    (vi) Historic snowcoaches are not required to meet air emissions 
restrictions.
    (vii) The authority to operate a snowcoach in the Parkway 
established in paragraph (a)(4)(i) is in effect only through the winter 
season of 2006-2007.
    (5) Must I operate a certain model of snowmobile? Only commercially 
available snowmobiles that meet NPS air and sound requirements as set 
forth in this section may be operated in the Parkway. The 
Superintendent will approve snowmobile makes, models and year of 
manufacture that meet those restrictions. Any snowmobile model not 
approved by the superintendent may not be operated in the Parkway.
    (6) How will the Superintendent approve snowmobile makes, models, 
and year of manufacture for use in the Parkway? (i) Beginning with the 
2005 model year, all snowmobiles must be certified under 40 CFR part 
1051, to a Family Emission Limit no greater than 15 g/kW-hr for 
hydrocarbons and to a Family Emission Limit no greater than 120 g/kW-hr 
for carbon monoxide.
    (A) 2004 model year snowmobiles may use measured air emissions 
levels (official emission results with no deterioration factors 
applied) to comply with the air emission limits specified in paragraph 
(a)(6)(i) of this section.
    (B) Snowmobiles manufactured prior to the 2004 model year may be 
operated only if they have shown to have air emissions no greater than 
the restrictions identified in paragraph (a)(6)(i) of this section.
    (C) The snowmobile test procedures specified by EPA (40 CFR parts 
1051 and 1065) shall be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent procedures may be used for 
earlier model years.
    (ii) For sound emissions snowmobiles must operate at or below 
73dB(A) as measured at full throttle using test procedures similar to 
Society of Automotive Engineers J192 test procedures (revised 1985). 
Snowmobiles may be tested at any barometric pressure equal to or above 
23.4 inches Hg uncorrected.
    (iii) These air and sound emissions restrictions 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 unless they meet the 
air and sound emissions and all other requirements of this section.
    (iv) The Superintendent may prohibit entry into the Parkway of any 
snowmobile that has been modified in a manner that may adversely affect 
air or sound emissions.
    (7) Where must I operate my snowmobile in the Parkway? (i) You must 
operate your snowmobile only upon designated oversnow routes 
established within the Parkway in accordance with Sec.  2.18(c) of this 
chapter. The following oversnow routes are so designated for snowmobile 
use through the winter season of 2006-2007:
    (A) 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.
    (B) Along U.S. Highway 89/287 from the Snake River Bridge to the 
northern boundary of the Parkway.
    (C) Grassy Lake Road from Flagg Ranch to the western boundary of 
the Parkway.
    (D) Flagg Ranch developed area.
    (ii) The Superintendent may open or close these routes, or portions 
thereof, for snowmobile travel 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.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (iv) Maps detailing the designated oversnow routes will be 
available from Park Headquarters.
    (8) What routes are designated for snowcoach use? (i) Authorized 
snowcoaches may only be operated through the winter season of 2006-2007 
on the route designated for snowmobile use in paragraph (a)(7)(i)(B) of 
this section. No other routes are open to snowcoach use.
    (ii) The Superintendent may open or close this oversnow route, or 
portions thereof, or designate new routes for snowcoach travel 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.
    (iii) This paragraph also applies to non-administrative snowcoach 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (9) Must I travel with a commercial guide while snowmobiling in the 
Parkway, and what other guiding requirements apply? 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 commercial guide. A guide is not required in other 
portions of the Parkway.
    (i) Guided snowmobile parties must travel in a group of no more 
than 11 snowmobiles, including that of the guide.
    (ii) Guided snowmobile parties must travel together within a 
maximum of one-third mile of the first snowmobile in the group.
    (10) Are there limits established for the numbers of snowmobiles 
permitted to operate in the Parkway each day? (i) The numbers of 
snowmobiles allowed to operate in the Parkway each day is limited to a 
certain number per road segment. The limits are listed in the following 
table:

         Table 1 to Sec.   7.21.--Daily Snowmobile Entry Limits
------------------------------------------------------------------------
                                                                 Total
                                                               number of
                 Park entrance/road segment                   snowmobile
                                                               entrance
                                                                passes
------------------------------------------------------------------------
(ii) GTNP and the Parkway--Total Use on CDST *..............          50
(iii) Grassy Lake Road (Flagg-Ashton Road)..................          50

[[Page 65364]]

 
(iv) Flagg Ranch to Yellowstone South Entrance..............        220
------------------------------------------------------------------------
* The Continental Divide Snowmobile Trail lies within both GTNP and the
  Parkway. The 50 daily snowmobile use limit applies to total use on
  this trail in both parks.

    (11) When may I operate my snowmobile or snowcoach? The 
Superintendent will determine operating hours and dates. Except for 
emergency situations, changes to operating hours may be made annually 
and the public will be notified of those changes through one or more of 
the methods listed in Sec.  1.7(a) of this chapter.
    (12) What other conditions apply to the operation of oversnow 
vehicles? (i) The following are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Driving an oversnow vehicle while the operator's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving 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 are required:
    (A) All oversnow 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. Oversnow 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 drivers must possess a valid motor vehicle 
operator's license. The license must be carried by the driver at all 
times. A learner's permit does not satisfy this requirement.
    (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 
registration from the United States or Canada.
    (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.
    (iv) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (13) 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 driver is under 21 years of age and the 
alcohol concentration in the driver'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.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is a snowmobile guide or a 
snowcoach driver and the alcohol concentration in the operator's blood 
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood 
or 0.04 grams or more of alcohol per 210 liters of breath.
    (iii) This paragraph also applies to non-administrative snowmobiles 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (14) Do other NPS regulations apply to the use of oversnow 
vehicles? (i) The use of oversnow vehicles is not subject to Sec. Sec.  
2.18(d), (e), and 2.19(b) of this chapter.
    (ii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users as authorized by the Superintendent.
    (15) Are there any forms of non-motorized oversnow transportation 
allowed in the parkway? (i) Non-motorized travel consisting of skiing, 
skating, snowshoeing, or walking is permitted unless otherwise 
restricted pursuant to this section or other provisions of 36 CFR part 
1.
    (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.
    (iii) Dog sledding and ski-joring are prohibited.
    (16) May I operate a snowplane in the Parkway? The operation of a 
snowplane in the Parkway is prohibited.
    (17) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(a)(1) through (a)(16) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.
* * * * *

0
4. Amend Sec.  7.22 to revise paragraph (g) to read as follows:


Sec.  7.22  Grand Teton National Park.

* * * * *
    (g)(1) What is the scope of this regulation? The regulations 
contained in paragraphs (g)(2) through (g)(20) of this section are 
intended to apply to the use of recreational and commercial 
snowmobiles. Except where indicated, paragraphs (g)(2) through (g)(20) 
do not apply to non-administrative snowmobile or snowcoach use by NPS, 
contractor or concessioner employees who live or work in the interior 
of Yellowstone, or other non-recreational users authorized by the 
Superintendent
    (2) What terms do I need to know? All the terms in Sec.  7.13(l)(1) 
of this part apply to this section. This paragraph also applies to non-
administrative snowmobile use by NPS, contractor or concessioner 
employees, or other non-recreational users authorized by the 
Superintendent.
    (3) May I operate a snowmobile in the Grand Teton National Park? 
(i) You may operate a snowmobile in Grand Teton National Park in 
compliance with use limits, operating hours and dates, equipment, and 
operating conditions established pursuant to 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 or in the Federal Register.
    (ii) The authority to operate a snowmobile in Grand Teton National 
Park established in paragraph (g)(3)(i) is in effect only through the 
winter season of 2006-2007, except for the routes designated in 
paragraphs (g)(16) and (18) of this section, for which it will remain 
in effect.
    (4) May I operate a snowcoach in Grand Teton National Park? It is 
prohibited to operate a snowcoach in Grand Teton National Park except 
as authorized by the superintendent.
    (5) Must I operate a certain model of snowmobile in the park? Only

[[Page 65365]]

commercially available snowmobiles that meet NPS air and sound 
emissions requirements as set forth in this section may be operated in 
the park. The Superintendent will approve snowmobile makes, models, and 
year of manufacture that meet those requirements. Any snowmobile model 
not approved by the Superintendent may not be operated in the park.
    (6) How will the Superintendent approve snowmobile makes, models, 
and year of manufacture for use in Grand Teton? (i) Beginning with the 
2005 model year, all snowmobiles must be certified under 40 CFR part 
1051, to a Family Emission Limit no greater than 15 g/kW-hr for 
hydrocarbons and to a Family Emission Limit no greater than 120 g/kW-hr 
for carbon monoxide.
    (A) 2004 model year snowmobiles may use measured air emissions 
levels (official emission results with no deterioration factors 
applied) to comply with the air emission limits specified in paragraph 
(g)(6)(i) of this section.
    (B) Snowmobiles manufactured prior to the 2004 model year may be 
operated only if they have shown to have air emissions no greater than 
the requirements identified in paragraph (g)(6)(i) of this section.
    (C) The snowmobile test procedures specified by EPA (40 CFR parts 
1051 and 1065) shall be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent procedures may be used for 
earlier model years.
    (ii) For sound emissions snowmobiles must operate at or below 
73dB(A) as measured at full throttle using procedures similar to 
Society of Automotive Engineers J192 test procedures (revised 1985). 
Snowmobiles may be tested at any barometric pressure equal to or above 
23.4 inches Hg uncorrected.
    (iii) These air and sound emissions requirements shall not apply to 
snowmobiles while in use to access lands authorized by paragraphs 
(g)(16) and (g)(18) of this section.
    (iv) The Superintendent may prohibit entry into the park of any 
snowmobile that has been modified in a manner that may adversely affect 
air or sound emissions.
    (7) Where must I operate my snowmobile in the park? (i) You must 
operate your snowmobile only upon designated oversnow routes 
established within the park in accordance with Sec.  2.18(c) of this 
chapter. The following oversnow routes are so designated for snowmobile 
use through the winter season 2006-2007:
    (A) 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 Wyoming fishing license and the proper fishing 
gear. Snowmobiles may only be used to travel to and from fishing 
locations on the lake.
    (B) 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.
    (ii) The Superintendent may open or close these routes, or portions 
thereof, for snowmobile travel, 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 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.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (iv) Maps detailing the designated oversnow routes will be 
available from Park Headquarters.
    (8) Must I travel with a commercial guide while snowmobiling in 
Grand Teton National Park? You are not required to use a guide while 
snowmobiling in Grand Teton National Park.
    (9) Are there limits established for the numbers of snowmobiles 
permitted to operate in the park each day? The numbers of snowmobiles 
allowed to operate in the park each day are limited to a certain number 
per road segment or location. The snowmobile limits are listed in the 
following table:

            Table 1 to Sec.   7.22.--Daily Snowmobile Limits
------------------------------------------------------------------------
                                                                Total
                   Road segment/location                      number of
                                                             snowmobiles
------------------------------------------------------------------------
(i) GTNP and the Parkway--Total Use on CDST*...............          50
(ii) Jackson Lake..........................................         40
------------------------------------------------------------------------
* The Continental Divide Snowmobile Trail lies within both GTNP and the
  Parkway. The 50 daily snowmobile use limit applies to total use on
  this route in both parks; however the limit does not apply to the
  portion described in paragraph (16)(ii) of this section.

    (10) When may I operate my snowmobile? The Superintendent will 
determine operating hours and dates. Except for emergency situations, 
changes to operating hours or dates may be made annually and the public 
will be notified of those changes 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 are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Driving an oversnow vehicle while the operator's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving 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 are required:
    (A) All oversnow 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. Oversnow 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 drivers must possess a valid motor vehicle 
operator's license. The license must be carried by the driver at all 
times. A learner's permit does not satisfy this requirement.
    (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 
registration from the United States or Canada.
    (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.
    (iv) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (12) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to the regulations in

[[Page 65366]]

36 CFR 4.23, the following conditions apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is under 21 years of age and the 
alcohol concentration in the driver'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 driver is a snowmobile guide or a snow 
coach operator and the alcohol concentration in the driver's blood or 
breath is 0.04 grams or more of alcohol per 100 milliliters of blood or 
0.04 grams or more of alcohol per 210 liters of breath.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (13) Do other NPS regulations apply to the use of oversnow 
vehicles? The use of oversnow vehicles in Grand Teton is not subject to 
Sec. Sec.  2.18(d) and (e) and 2.19(b) of this chapter.
    (14) Are there any forms of non-motorized oversnow transportation 
allowed in the park? (i) Non-motorized travel consisting of skiing, 
skating, snowshoeing, or walking is permitted unless otherwise 
restricted pursuant to this section or other provisions of 36 CFR part 
1.
    (ii) 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.
    (iii) Dog sledding and ski-joring are prohibited.
    (15) May I operate a snowplane in the park? The operation of a 
snowplane in Grand Teton National Park is prohibited.
    (16) 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 air and 
sound emissions, 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.
    (iii) The Continental Divide Snowmobile Trail, from the east park 
boundary to Moran Junction.
    (17) For what purpose may I use the routes designated in paragraph 
(g)(16) of this section? You may use those routes designated in 
paragraph (g)(16) of this section only to gain direct access to public 
lands adjacent to the park boundary.
    (18) 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 the piece of land commonly referred to as the ``Lost Creek Ranch''.
    (ix) Maps detailing designated routes will be available from Park 
Headquarters.
    (19) For what purpose may I use the routes designated in paragraph 
(g)(18) of this section? Those routes designated in paragraph (g)(18) 
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.
    (20) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(g)(1) through (g)(19) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.

    Dated: November 4, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-25093 Filed 11-9-04; 8:45 am]
BILLING CODE 4312-CT-P