[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Rules and Regulations]
[Pages 70781-70804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24175]



[[Page 70781]]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD55


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule governs winter visitation and certain recreational 
use in Yellowstone and Grand Teton National Parks and the John D. 
Rockefeller, Jr. Memorial Parkway. This final rule is issued to 
implement the Record of Decision (ROD) for the Winter Use Plans Final 
Environmental Impact Statement (FEIS) approved November 20, 2007, and 
will ensure that visitors have an appropriate range of winter 
recreation opportunities that are appropriate to the national park 
setting, and that these activities do not impair park resources and 
values. The rule requires that most recreational snowmobiles and 
snowcoaches operating in the parks meet certain air and sound emissions 
requirements, that snowmobilers and snowcoach riders in Yellowstone be 
accompanied by a commercial guide, and sets daily entry limits on the 
numbers of snowmobiles and snowcoaches that may enter the parks. 
Traveling off designated oversnow routes will remain prohibited. The 
FEIS, ROD, and other documents pertaining to winter use management in 
the parks can be found at http://www.nps.gov/yell/planyourvisit/winteruse.htm.

DATES: This regulation is effective on December 19, 2007.

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 (the 
Parks) for several decades. In 1997, the Fund for Animals and others 
filed suit, alleging non-compliance with the National Environmental 
Policy Act (NEPA), among other laws. The suit resulted in a settlement 
agreement in October 1997 which, among other things, required the NPS 
to prepare a new winter use plan for the Parks. On October 10, 2000, a 
Winter Use Plans Final Environmental Impact Statement (2000 FEIS) was 
published. A Record of Decision (2000 ROD) was signed on November 22, 
2000, and subsequently distributed to interested and affected parties. 
The 2000 ROD was to eliminate both snowmobile and snowplane use from 
the Parks by the winter of 2003-2004 and provide access via an NPS-
managed, mass-transit snowcoach system. This decision was based on a 
finding that the snowmobile and snowplane use existing at that time--
and the snowmobile use analyzed in the 2000 FEIS alternatives--impaired 
park resources and values, thus violating the statutory mandate of the 
NPS.
    Implementing aspects of this decision required a special regulation 
for each park unit in question. Following publication of a proposed 
rule and the subsequent public comment period, a final rule was 
published in the Federal Register on January 22, 2001 (66 FR 7260). 
That rule became effective on April 22, 2001.
    On December 6, 2000, the Secretary of the Interior, the Director of 
the National Park Service and others were named as defendants in a 
lawsuit brought by the International Snowmobile Manufacturers' 
Association (ISMA) and others. The States of Wyoming and Montana 
subsequently intervened on behalf of the plaintiffs. The lawsuit asked 
for the decision, as reflected in the 2000 ROD, to be set aside. The 
lawsuit alleged, among other things, a violation of NEPA. A settlement 
was reached on June 29, 2001, under which NPS agreed to prepare a 
Supplemental Environmental Impact Statement (SEIS) incorporating ``any 
significant new or additional information or data submitted with 
respect to a winter use plan.'' Additionally, the NPS provided the 
opportunity for additional public participation in furtherance of the 
purposes of NEPA. A Notice of Intent to prepare a Supplemental 
Environmental Impact Statement was published in the Federal Register on 
July 27, 2001 (66 FR 39197).
    A draft SEIS was published on March 29, 2002, and distributed to 
interested and affected parties. NPS accepted public comments on the 
draft for 60 days, and 357,405 pieces of correspondence were received. 
The SEIS focused its analysis only on the issues relevant to allowing 
recreational snowmobile and snowcoach use in the parks. These impact 
topics included air quality and air quality-related values, public and 
employee health and safety, natural soundscapes, socioeconomics, 
wildlife (bison and elk), and visitor experience. The SEIS did not re-
evaluate the decision to ban snowplane use on Jackson Lake because this 
was not at issue in the lawsuit or the resulting settlement and because 
the NPS had no reason to doubt the validity of its finding that 
snowplane use impaired park resources.
    On November 18, 2002, the NPS published a final rule (67 FR 69473) 
(``delay rule'') based on the 2000 FEIS, which generally postponed 
implementation of the phase-out of snowmobiles in the Parks for one 
year. This rule allowed for additional time to plan and implement the 
NPS-managed mass-transit, snowcoach-only system outlined in the 2000 
FEIS as well as time for completion of the SEIS. The rule delayed the 
implementation of the daily entry limits on snowmobiles until the 
winter of 2003-2004 and the complete prohibition on snowmobiles until 
2004-2005. The 2001 regulation's transitional requirement that 
snowmobile parties use an NPS-permitted guide was also delayed until 
the 2003-2004 winter use season.
    Other provisions under the January 2001 regulation concerning 
licensing requirements, limits on hours of operation, Yellowstone side 
road use, and the ban on snowplane use remained effective for the 
winter use season of 2002-2003.
    The Notice of Availability for the final SEIS was published on 
February 24, 2003 (68 FR 8618). The final SEIS included a new 
alternative, alternative 4, which called for 950 snowmobiles in 
Yellowstone and 190 in Grand Teton. Most would be subject to air and 
sound emission requirements, and 80% of the Yellowstone snowmobiles 
would be commercially guided and 20% would be non-commercially guided. 
In addition, the final SEIS included changes to the alternatives, 
changes in modeling assumptions and analysis, and incorporated 
additional new information. Effective on March 25, 2003, NPS signed a 
ROD for the SEIS, which selected final SEIS alternative 4 for 
implementation and enumerated additional modifications to that 
alternative. The final SEIS and ROD found that implementation of final 
SEIS alternatives 1a, 1b, 3, or 4 would not be likely to impair park 
resources or values due to motorized oversnow recreation. On December 
11, 2003, the new regulation governing winter use in the parks was 
published.
    On December 16, 2003, the U.S. District Court for the District of 
Columbia, ruling in Fund for Animals v. Norton, vacated and remanded 
the December 11, 2003, regulation and SEIS. The court effectively 
reinstated the January 22, 2001, regulation phasing out recreational 
snowmobiling subject to the delay rule. Specifically, up to 493 
snowmobiles a day were to be allowed into Yellowstone for the 2003-2004

[[Page 70782]]

season, and another 50 in Grand Teton and the Parkway combined. All 
snowmobiles in Yellowstone were required to be led by a commercial 
guide. Snowmobiles were to be phased out entirely from the parks in the 
2004-2005 season.
    ISMA and the State of Wyoming reopened their December 2000 lawsuit 
against the Department of the Interior and the NPS. On February 10, 
2004, the U.S. District Court for the District of Wyoming issued a 
preliminary injunction in ISMA v. Norton preventing the NPS from 
continuing to implement the snowmobile phase-out. The court also 
directed the superintendents of Yellowstone and Grand Teton to issue 
emergency orders that were ``fair and equitable'' to all parties to 
allow visitation to continue for the remainder of the winter season. 
Based on that injunction and using the authority of 36 CFR 1.5, the 
superintendents authorized up to 780 snowmobiles a day into Yellowstone 
and up to 140 into Grand Teton and the Parkway combined. In 
Yellowstone, the requirement that all snowmobilers travel with a 
commercial guide remained in effect.
    On June 30, 2004, the DC court ordered that NPS promulgate a new 
rule governing the 2004-05 winter use season at least 30 days prior to 
the start of the season, and that the new rule be consistent with the 
DC court's 2003 ruling. On October 14, 2004, the Wyoming court vacated 
and remanded the 2000 FEIS, 2000 ROD, and the 2001 implementing rule, 
based on violations of NEPA and the Administrative Procedure Act.
    Because of the DC court's order, and because there were no clear 
rules under which to manage the Parks for the winter season of 2004-
2005, the NPS prepared a Temporary Winter Use Plans Environmental 
Assessment in 2004. The temporary plan was intended to provide a 
framework for managing winter use in the Parks for a period of 3 years 
and was approved in November 2004 with a ``Finding of No Significant 
Impact'' (FONSI). An interim rule was published in the Federal Register 
implementing the temporary plan. Its provisions included a limit of 720 
snowmobiles per day for Yellowstone and 140 snowmobiles for Grand Teton 
and the Parkway, a requirement that all recreational snowmobiles in 
Yellowstone must be accompanied by a commercial guide, and a 
requirement that all recreational snowmobiles operating in the Parks 
must meet NPS air and sound emissions requirements for reducing noise 
and air pollution (with limited exceptions at Grand Teton and the 
Parkway). The interim rule was effective through the winter season of 
2006-2007 while the NPS was to prepare a long-term winter use plan and 
EIS for the Parks.
    Several entities then filed separate lawsuits challenging the 
temporary plan in the District Court in Wyoming and the District Court 
in the District of Columbia, respectively. On three separate occasions, 
Congress subsequently included language in appropriations legislation 
for the Department of the Interior requiring that the temporary winter 
use rules remain in effect for the winter seasons of 2004-2005, 2005-
2006, and 2006-2007. In October 2005, the Wyoming District Court upheld 
the validity of the 2004 temporary winter use rule in Wyoming Lodging 
and Restaurant Association v. U.S. Department of the Interior. As a 
result of these legislative actions, on September 24, 2007, the DC 
District Court dismissed as moot the pending claims against the 
temporary plan. Additionally, in June 2007 the Wyoming District Court, 
in a separate lawsuit filed by Save Our Snowplanes, upheld the 
prohibition on the use of snowplanes on Jackson Lake. An appeal of that 
decision by the plaintiffs is currently pending before the United 
States Court of Appeals for the 10th Circuit.
    A proposed rule was published in the Federal Register on May 16, 
2007 (72 FR 27499). This Final Rule is issued in conjunction with the 
FEIS and the ROD. Absent this rulemaking, the authority to operate 
snowmobiles and snowcoaches in the Parks would have expired after the 
2006-2007 winter season.

Rationale for the Final Rule

    This rule strikes a balance between the use of snowmobiles and 
snowcoaches in the Parks and is designed to protect against the adverse 
impacts that occurred from the historical types and numbers of 
snowmobiles used. Experience over the past several winters, during 
which a temporary plan has guided winter use management of the Parks, 
has shown that the combination of strict limits on the numbers of 
snowmobiles allowed to enter the Parks, the use of snowmobiles that 
meet NPS requirements for air and sound emissions (generally referred 
to in the FEIS as Best Available Technology or BAT, but here referred 
to simply as NPS requirements, to avoid confusion with use of the term 
best available technology under other environmental laws), the 
requirement that visitors touring Yellowstone on snowmobiles be 
accompanied by a commercial guide, and the availability of snowcoaches, 
allows for an appropriate range of visitor experiences while ensuring 
that the integrity of park resources and values is not harmed. The NPS 
found that the interim regulations that were in effect over the past 
three winter seasons resulted in quieter conditions, cleaner air, fewer 
wildlife impacts, and much improved visitor and employee safety and 
experiences. This rule reduces the daily number of snowmobiles allowed 
to enter the Parks in order to better protect park soundscapes and 
other resources, includes new requirements for snowcoach air and sound 
emissions, and eliminates certain oversnow vehicle routes. In addition 
to the actual experiences of the last several winters, the decisions 
underlying the Record of Decision and this rule have also been informed 
by new analysis and information presented in the FEIS.
    This rule is consistent with the 2006 NPS Management Policies. In 
managing units of the National Park System, the NPS may undertake 
actions that have both beneficial and adverse impacts on park resources 
and values. However, the NPS is generally prohibited by law from taking 
or authorizing any action that would or is likely to impair park 
resources and values. Impairment is defined in the 2006 NPS Management 
Policies in section 1.4.5 as an impact that, in the professional 
judgment of the responsible NPS manager, would harm the integrity of 
park resources or values, including the opportunities that otherwise 
would be present for the enjoyment of those resources and values.
    Since the impact threshold at which impairment occurs is not always 
readily apparent, the NPS applies a standard that offers greater 
assurances that impairment will not occur. The NPS does this by 
avoiding impacts that it determines to be unacceptable. These are 
impacts that fall short of impairment but are still not acceptable 
within a particular park's environment. Unacceptable impacts are 
defined in the 2006 NPS Management Policies in section 1.4.7.1., 
available online at http://www.nps.gov/policy/MP2006.pdf.
    The NPS received over 122,000 comments on the DEIS and about 1,500 
comments on the proposed rule. In many cases the comments received on 
the proposed rule were very similar in content to those received on the 
DEIS. Numerous commentors expressed concerns that the preferred 
alternative in the DEIS, and its implementation through rulemaking, 
would violate the NPS Organic Act, would be inconsistent with the 2006 
NPS Management Policies, and in some cases explicitly referenced the 
concept of unacceptable

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impacts. The NPS addressed these concerns in a number of ways, 
including new modeling and analysis to more clearly show the 
environmental impacts of winter use, a revision of the preferred 
alternative from the DEIS to that in the Final EIS which reduced the 
number of snowmobiles allowed in Yellowstone from 720 per day to 540 
per day, which is reflected in the ROD and Final Rule, and affirmance 
in both the ROD and this rule that implementation of the preferred 
alternative will not result in impairment of park resources and values, 
nor will it result in unacceptable impacts on the Parks. This rule 
implements that decision.
    This rule includes strict limits on the number of snowmobiles 
allowed to enter the Parks each day. Prior to the implementation of a 
managed winter use program with the winter of 2003-2004, an average of 
795 snowmobiles entered Yellowstone each day, with peak days averaging 
approximately 1,400. This rule allows for 540 snowmobiles per day in 
Yellowstone, a reduction from the 720 snowmobiles authorized over the 
previous 3 winters, and which would have been allowed under the 
proposed rule. In response to public comment and the analysis presented 
in the FEIS, which included the results of both modeling and monitoring 
over the past several winters, the NPS determined that a limit of 540 
snowmobiles per day, along with the availability of snowcoaches, will 
best protect the integrity of park resources and values while providing 
an appropriate range of visitor experiences. In particular, the lower 
number of snowmobiles will reduce the impacts on the natural 
soundscapes of the park, which the NPS found to be somewhat greater 
than expected even with the reduced number of snowmobiles that used the 
park over the last several winters. Similarly, the number of 
snowmobiles authorized in Grand Teton and the Parkway is limited under 
this rule to 65 per day, allowing access to ice fishing opportunities 
on Jackson Lake and to the recreational opportunities on the adjacent 
Targhee National Forest. The rule also allows for up to 50 snowmobiles 
to enter Yellowstone on the Cave Falls Road, an approximately one-mile 
segment extending into the southwest corner of the park from the 
Targhee National Forest. Use of this route is incidental to 
recreational use of the national forest lands, is far removed from the 
recreational snowmobiling and the resulting impacts that occur within 
the interior of Yellowstone, and is therefore considered separately 
from the 540 snowmobile limit.
    Adjustments to the daily entry limits for snowmobiles and 
snowcoaches through an adaptive management program is one of several 
tools available to park managers to ensure that the goals and 
objectives of the winter use plans are maintained. Through adaptive 
management, if monitoring of use levels of snowmobiles and snowcoaches 
allowed under the Record of Decision indicates acceptable conditions, 
the NPS will increase use levels to the extent acceptable conditions 
can be maintained. Conversely, if monitoring of use levels of 
snowmobiles and snowcoaches allowed under the Record of Decision 
indicates unacceptable conditions, the NPS will reduce use levels to an 
extent that acceptable conditions can be maintained. In some cases, 
additional rulemaking would be required in order to adjust numbers.
    To mitigate impacts to air quality and the natural soundscape, the 
NPS is continuing the requirement that all recreational snowmobiles 
meet strict air and sound emissions requirements to operate in the 
parks, with limited exceptions. For air emissions, all snowmobiles must 
achieve a 90% reduction in hydrocarbons and a 70% reduction in carbon 
monoxide, relative to EPA's baseline emissions assumptions for 
conventional two-stroke snowmobiles. For sound restrictions, 
snowmobiles must operate at or below 73 dBA as measured at full 
throttle according to Society of Automotive Engineers (SAE) J192 test 
procedures (revised 1985). The Superintendent will maintain a list of 
approved snowmobile makes, models, and years of manufacture that meet 
NPS requirements. For the winter of 2006-2007, the NPS certified 35 
different snowmobile models (from various manufacturers; model years 
2002-2007) as meeting the NPS requirements. With one exception 
described later in this section, the certification is good for 6 years 
from the date on which a model is certified as meeting the 
requirements.
    The NPS is continuing the requirement that began with the 2005 
model year that all snowmobiles must be certified under 40 CFR 1051 to 
a Family Emission Limit (FEL) no greater than 15 g/kW-hr for 
hydrocarbons (HC) and 120 g/kW-hr for carbon monoxide (CO). Snowmobiles 
must be tested on a five-mode engine dynamometer consistent with the 
test procedures specified by the EPA (40 CFR 1051 and 1065). Other test 
methods could be approved by the NPS.
    The NPS is retaining the use of the FEL method for demonstrating 
compliance with its emissions requirements because it has several 
advantages. First, use of FEL will ensure that all individual 
snowmobiles entering the parks achieve the NPS's emissions 
requirements, unless modified or damaged (under this regulation, 
snowmobiles which are modified in such a way as to increase air or 
sound emissions will not be in compliance with NPS requirements and 
therefore not permitted to enter the parks). Use of FEL will also 
minimize any administrative burden on snowmobile manufacturers to 
demonstrate compliance with NPS requirements, because they already 
provide FEL data to the EPA. Further, the EPA has the authority to 
ensure that manufacturers' claims on their FEL applications are valid. 
EPA also requires that manufacturers conduct production line testing 
(PLT) to demonstrate that machines being manufactured actually meet the 
certification levels. If PLT indicates that emissions exceed the FEL 
levels, then the manufacturer is required to take corrective action. 
Through EPA's ability to audit manufacturers' emissions claims, the NPS 
will have sufficient assurance that emissions information and 
documentation will be reviewed and enforced by the EPA. FEL also takes 
into account other factors, such as the deterioration rate of 
snowmobiles (some snowmobiles may produce more emissions as they age), 
lab-to-lab variability, test-to-test variability, and production line 
variance. In addition, under the EPA's regulations, all snowmobiles 
manufactured must be labeled with FEL air emissions information. This 
will help to ensure that NPS emissions requirements are consistent with 
these labels. The use of FEL will avoid potential confusion for 
consumers.
    The air emissions requirements for snowmobiles allowed to operate 
in the Parks should not be confused with standards adopted by the EPA 
in a final rule published in the Federal Register on November 8, 2002 
(67 FR 68242). The EPA regulations require manufacturers to meet 
certain fleet averages for HC and CO emissions. For example, the Phase 
1 standards required all snowmobile manufacturers to meet a fleet-wide 
average in 2007 of 275 g/kW-hr for CO and 100 g/kW-hr for HC, which 
represents a 30-percent reduction from the baseline emission rates for 
uncontrolled snowmobiles. Any particular make/model may emit more or 
less than the standard as long as the fleet average does not exceed the 
standard. Phase 2 and Phase 3 standards will be implemented in 2010 and 
2012,

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respectively, effectively requiring the equivalent of a 50% reduction 
in both HC and CO as compared to average baseline levels. By 
comparison, NPS requires that all snowmobiles operating in the Parks 
meet a FEL of 120 g/kW-hr for CO and 15 g/kW-hr for HC. This means that 
snowmobiles operating in the Parks represent the cleanest that are 
commercially available.
    To determine compliance with the sound emissions requirements, 
snowmobiles must be tested using SAE J192 test procedures (revised 
1985; or potentially as further revised and adapted for use by NPS). 
The NPS recognizes that the SAE updated these test procedures in 2003; 
however, the changes between the 2003 and 1985 test procedures could 
yield different measurement results. The sound emissions requirement 
was initially established using 1985 test procedures (in addition to 
information provided by industry and modeling). To ensure consistency 
in the test results, the NPS will at this time continue to use the 1985 
test. The SAE J192 (revised 1985) test also allows for a tolerance of 2 
dBA over the sound limit to account for variations in weather, snow 
conditions, and other factors. The NPS understands that an update to 
the 2003 J192 procedures may be underway, and the NPS will continue to 
evaluate these test procedures and possibly adopt them after these 
regulations are implemented. Other test methods could be approved by 
NPS on a case-by-case basis.
    Snowmobiles may be tested at any barometric pressure equal to or 
above 23.4 inches Hg uncorrected (as measured at or near the test 
site). This exception to the SAE J192 test procedures maintains 
consistency with the testing conditions used to determine the sound 
requirement. This allowance for reduced barometric pressure is 
necessary since snowmobiles were tested at the elevation of Yellowstone 
National Park, where atmospheric pressure is lower than that under the 
SAE J192's requirements. Testing data indicate that snowmobiles test 
quieter at high elevation, and therefore some snowmobiles may comply 
with the NPS's sound emissions requirements at higher elevations even 
though they do not when tests are conducted near sea level.
    The NPS will annually publish a list of snowmobile makes, models, 
and years of manufacture that meet its emissions and sound 
requirements. Snowmobile manufacturers may demonstrate that snowmobiles 
are compliant with the air emissions requirements by submitting to the 
NPS a copy of their applications used to demonstrate compliance with 
EPA's general snowmobile regulation (indicating FEL). The NPS will 
accept this application information from manufacturers in support of 
conditionally certifying a snowmobile as meeting its air emissions 
requirements, pending ultimate review and certification by EPA at the 
same emissions levels identified in the application. Should EPA certify 
a snowmobile at an emission level that would no longer meet the NPS's 
requirements, this snowmobile would no longer be considered by NPS to 
be compliant with its requirements and would be phased-out according to 
a schedule that will be determined by the NPS to be appropriate. For 
sound emissions, snowmobile manufacturers may submit their existing 
Snowmobile Safety and Certification Committee (SSCC) sound level 
certification form. Under the SSCC machine safety standards program, 
snowmobiles are certified by an independent testing company as 
complying with all SSCC safety standards, including sound standards. 
This regulation does not require the SSCC form specifically, as there 
could be other acceptable documentation in the future. The NPS will 
work cooperatively with the snowmobile manufacturers on appropriate 
documentation. The NPS intends to continue to rely on certified air and 
sound emissions data from the private sector rather than establish its 
own independent testing program. When the NPS certifies snowmobiles as 
meeting its requirements, it will announce how long that certification 
applies. Generally, each snowmobile model will be approved for entry 
into the parks for 6 winter seasons after it is first listed. Based on 
NPS experience, 6 years represents the typical useful life of a 
snowmobile, and thus 6 years provides purchasers with a reasonable 
length of time where operation is allowed once a particular model is 
listed as being compliant. It is also based on EPA snowmobile emission 
regulations and the deterioration factors that are part of those 
regulations (EPA requires that if a manufacturer certifies its 
snowmobile will comply with EPA's emission regulations, the snowmobile 
will meet those regulations for a period of 5 years or 5,000 miles). 
The NPS recognizes that some privately owned snowmobiles used 
predominantly for ice fishing on Jackson Lake may have relatively low 
mileages even after 6 years of use, and therefore may not have 
experienced the type of deterioration that would cause them to fail NPS 
air and sound emissions requirements. The certification period for 
snowmobiles being operated on Jackson Lake will still be considered to 
be 6 years, but it may be extended up to a total of 10 years as long as 
the snowmobile's mileage does not exceed 6,000 miles.
    Individual snowmobiles modified in such a way as to increase sound 
and air emissions of hydrocarbons (HC) and carbon monoxide (CO) beyond 
the proposed emission restrictions will be denied entry to the parks. 
It is the responsibility of end users and guides and outfitters to 
ensure that their oversnow vehicles, whether snowmobiles or 
snowcoaches, comply with all applicable restrictions. Air and sound 
emission requirements for snowcoaches are described below. The 
requirement in Yellowstone that all snowmobilers travel with commercial 
guides will assist NPS in enforcing these requirements, since 
businesses providing commercial guiding services in the parks are 
responsible under their contracts with the park to ensure that their 
clients use only snowmobiles that meet the NPS's requirements. In 
addition, these businesses are required to ensure that snowmobiles used 
in the park are not modified in such a way as to increase sound or air 
emissions, and that snowmobiles are properly maintained.
    Snowmobiles being operated on the Cave Falls Road, which extends 
approximately one mile into the Yellowstone from the adjacent national 
forest, will be exempt from air and sound emissions requirements. Since 
use of the Cave Falls Road is relatively light and incidental to 
recreational use of the surrounding national forest, it is not 
necessary to require these users to comply with requirements that 
address issues associated with use of the interior portions of the 
park.
    In Grand Teton, all recreational snowmobiles operating on Jackson 
Lake will be required to meet NPS air and sound emissions requirements.
    During the winter season of 2007-2008, snowmobiles being operated 
on the portion of the Continental Divide Snowmobile Trail (CDST) 
between Moran Junction and Flagg Ranch, within both Grand Teton and the 
Parkway, must also meet NPS air and sound emissions requirements. 
Beginning with the winter season of 2008-2009, that portion of the CDST 
will no longer be maintained or designated for oversnow vehicle use. 
The segment of the CDST between the east boundary of Grand Teton and 
Moran is exempt from NPS air and sound emissions requirements. Because 
this portion of the CDST passes in and out of the park boundary and is 
generally adjacent to other public and

[[Page 70785]]

private lands where snowmobile use is permitted, this section is being 
managed similarly to other routes where the use of snowmobiles not 
meeting air and sound emissions requirements is allowed in order to 
provide access to adjacent public and private lands. In light of the 
small amount of such use that typically occurs along this segment, as 
well as the context in which that use occurs (i.e., immediately 
alongside a heavily used highway), the NPS has determined that the 
impacts of this use of snowmobiles that do not meet NPS air and sound 
emissions requirements are acceptable.
    For the winter of 2007-2008, snowmobiles being operated on the 
Grassy Lake Road within the Parkway are required to meet NPS air and 
sound emissions requirements, except that snowmobiles originating in 
the Targhee National Forest will be allowed to travel eastbound to 
Flagg Ranch and return westbound without meeting the NPS requirements; 
however, these snowmobiles may not travel further into the Parkway than 
Flagg Ranch. The NPS is allowing this exception in order to ensure that 
visitors to the remote Grassy Lake area of the Targhee National Forest 
are able to access food, fuel, emergency services, and other amenities 
available at Flagg Ranch. Beginning with the 2008-2009 winter season, 
snowmobiles being operated on the Grassy Lake Road will not be required 
to meet air and sound emissions requirements regardless of whether they 
originate travel at Flagg Ranch or in the national forest. In light of 
the relatively short length of this segment and the very limited amount 
of snowmobile use, the NPS has determined that the impacts of this use 
of snowmobiles that does not meet NPS air and sound emissions 
requirements are acceptable.
    Under concession contracts issued in 2003, 78 snowcoaches are 
currently authorized to operate in Yellowstone (and in the parkway 
between Flagg Ranch and Yellowstone's South Entrance). Approximately 29 
of these snowcoaches were manufactured by Bombardier and were designed 
specifically for oversnow travel. Those 29 snowcoaches were 
manufactured before 1983 and are referred to as ``historic 
snowcoaches'' for the purpose of this rulemaking. All other snowcoaches 
are passenger vans or light buses that have been converted for oversnow 
travel using tracks and/or skis. During the winter of 2005-2006, an 
average of 29 snowcoaches entered Yellowstone each day.
    As of the winter of 2008-2009, all snowcoaches must be commercially 
guided. These trained, knowledgeable operators help ensure that air and 
sound emission requirements are met, wildlife impacts are minimized, 
and visitor and employee safety is assured.
    In comparison with four-stroke snowmobiles, snowcoaches operating 
within EPA's Tier I standards can be substantially cleaner, especially 
given that snowcoaches currently carry an average of 7 times more 
passengers than snowmobiles. In 2004, EPA began phasing in Tier II 
emissions standards for multi-passenger vans which will be fully phased 
in by 2009. Tier II standards will require that vehicles be even 
cleaner than under Tier I. Tier II standards would also significantly 
reduce the open loop mode of operation, which is the most polluting 
mode of engine operation.
    Beginning in the 2011-2012 season, all snowcoaches in the Parks 
must meet air emission requirements, which will be the functional 
equivalent of having EPA Tier I emissions control equipment 
incorporated into the engine and drive train for the vehicle's class 
(size and weight) as a wheeled vehicle. The NPS will encourage, through 
contract and permit, that snowcoaches have EPA Tier II emissions 
control equipment for the vehicle class. In addition, all critical 
emission and sound-related exhaust components that were originally 
installed by the manufacturer must be in place and functioning 
properly. Such components may only be replaced with original equipment 
manufacturer (OEM) components where possible. If OEM parts are not 
available, aftermarket parts may be used if they do not worsen emission 
and sound characteristics from OEM levels. In general, catalysts that 
have exceeded their typical useful life as stated by the manufacturer 
must be replaced unless the operator can demonstrate the catalyst is 
functioning properly.
    Beginning in the 2011-2012 season, snowcoaches must meet a sound 
emissions requirement of no greater than 73 dBA; test procedures will 
be determined by the NPS.
    The restrictions on air and sound emissions proposed in this rule 
are not a restriction on what manufacturers may produce but an end-use 
restriction on which commercially produced snowmobiles and snowcoaches 
may be used in the parks. The NPS Organic Act (16 U.S.C. 1) authorizes 
the Secretary of the Interior to ``promote and regulate'' the use of 
national parks ``by such means and measures as conform to the 
fundamental purpose of said parks * * * which purpose is to conserve 
the scenery and the natural and historic objects and the wild life 
therein and to provide for the enjoyment of the same in such manner and 
by such means as will leave them unimpaired for the enjoyment of future 
generations.'' Further, the Secretary is expressly authorized by 16 
U.S.C. 3 to ``make and publish such rules and regulations as he may 
deem necessary or proper for the use and management of the parks * * 
*'' This exercise of the NPS Organic Act authority is not an effort by 
NPS to regulate manufacturers and is consistent with Section 310 of the 
Clean Air Act.
    Since 2001, the Parks have been converting their own administrative 
fleet of snowmobiles to four-stroke machines. These machines have 
proven successful in fulfilling most of the Service's administrative 
needs throughout the Parks. However, the NPS recognizes that some 
administrative applications, such as off-trail boundary patrols in deep 
powder, towing heavy equipment or disabled sleds, search and rescue, or 
law enforcement uses may require additional power beyond that supplied 
by currently available snowmobiles that meet the NPS's air and sound 
emissions requirements. In such limited cases, the NPS will sometimes 
need to use snowmobiles that do not meet the requirements this rule 
imposes upon recreational snowmobiles (which do not have these special 
needs because they travel only upon groomed roads).
    In order to mitigate impacts to natural soundscapes and wildlife, 
and for visitor and employee safety, all recreational snowmobiles 
operated in Yellowstone must be accompanied by a commercial guide, 
except for those being operated on the one-mile segment of the Cave 
Falls Road that extends into the park from the adjacent national 
forest. This guiding requirement will reduce conflicts with wildlife 
along roadways because guides are trained to lead visitors safely 
around the park with minimal disturbance to wildlife. Commercially 
guided parties also tend to be larger in size, which reduces the 
overall number of encounters with wildlife and reduces the amount of 
time that oversnow vehicles are audible. Commercial guides are educated 
in safety, knowledgeable about park rules, and are required to exercise 
reasonable control over their clientele, which has reduced unsafe and 
illegal snowmobile use. Commercial guides with contractual obligations 
to the NPS also allow for more effective enforcement of park rules by 
the NPS. These guides receive rigorous multi-day training and perform 
guiding duties as employees of a business. They also are experts at 
interpreting the resources of the parks to their clients. Commercial 
guides are

[[Page 70786]]

employed by local businesses; those jobs are not performed by NPS 
employees.
    Commercial guides use a ``follow-the-leader'' approach, stopping 
often to talk with the group. They lead snowmobiles single-file through 
the park, using hand signals to pass information down the line from one 
snowmobile to the next, a system which has proven to be effective. 
Signals are used to warn group members about wildlife and other road 
hazards, indicate turns, and when to turn on or off the snowmobile. 
Further, all commercial guides are trained in basic first aid and CPR. 
In addition to first aid kits, they often carry satellite or cellular 
telephones, radios, and other equipment for emergency use. Guides are 
thus well-equipped to ensure that park regulations are enforced and to 
provide a safer overall experience for visitors.
    Since the winter of 2003-2004, all snowmobilers in Yellowstone have 
been led by commercial guides, resulting in significant positive 
effects on visitor health and safety. Guides have been proven to be 
very effective at enforcing proper touring behavior, such as adherence 
to speed limits, staying on the groomed road surfaces, and other 
snowmobiling behaviors that are appropriate to safely and responsibly 
visiting the park. Since implementation of the guiding program there 
have been pronounced reductions in the number of law enforcement 
incidents and accidents associated with the use of snowmobiles, even 
when accounting for the reduced number of snowmobilers relative to 
historic use levels. The use of guides is also beneficial to wildlife, 
since guides are trained to respond appropriately when encountering 
wildlife.
    No more than eleven snowmobiles will be permitted in a group, 
including that of the guide. Except in emergency situations, guided 
parties must travel together and remain within a maximum distance of 
one-third mile of the first snowmobile in the group. These size and 
distance limits will ensure that guided parties do not become 
separated, will allow for sufficient and safe spacing between 
individual snowmobiles within the guided party, allow the guide(s) to 
maintain control over the group and minimize the impacts on wildlife 
and natural soundscapes. NPS thus expects that the continuation of the 
guiding requirement will help ensure compliance with park regulations 
and protect park resources.
    Scientific studies and monitoring of winter visitor use and park 
resources (including air quality, natural soundscapes, wildlife, 
employee health and safety, water quality, and visitor experience) will 
continue. As part of its adaptive management of winter use activities, 
NPS will close selected areas of the Parks to visitor use, including 
sections of roads, if these studies indicate that human presence or 
activities have a substantial adverse effect on wildlife or other park 
resources that cannot otherwise be mitigated. A one-year notice will 
ordinarily be provided before any such closure is implemented unless 
immediate closure is deemed necessary to avoid impairment of park 
resources. Most non-emergency changes in park management implemented 
under the adaptive management framework will be implemented only after 
at least one or 2 years of monitoring, followed by a 6-to 12-month 
implementation period. The Superintendent will continue to have the 
authority under 36 CFR 1.5 to take emergency actions to protect park 
resources or values.
    The adaptive management program described in the ROD provides park 
managers with a wide variety of tools to ensure that the goals and 
objectives of the winter use plans are being achieved. Some of the 
techniques available include adjustments in snowmobile or snowcoach use 
levels (up or down), adjustments in air and sound emissions 
requirements, visitor and guide education, timing of entries, and group 
sizes. Also, the future improvements in snowcoach air and sound 
emissions will assist park managers in meeting goals and objectives. 
Through adaptive management, if monitoring of use levels of snowmobiles 
and snowcoaches allowed under the Record of Decision indicates 
acceptable conditions, the NPS will increase use levels to an extent 
acceptable conditions can be maintained. Conversely, if monitoring of 
use levels of snowmobiles and snowcoaches allowed under the Record of 
Decision indicates unacceptable conditions, the NPS will reduce use 
levels to an extent acceptable conditions can be maintained. In some 
cases, additional rulemaking would be required in order to implement 
certain changes.
    The NPS is implementing a multi-year research proposal intended to 
specifically address the question of whether grooming of the Madison to 
Norris road segment in Yellowstone has led to alterations of bison 
movements and distribution. The question was identified in a report by 
Dr. Cormack Gates et al., entitled ``The Ecology of Bison Movements and 
Distribution in and Beyond Yellowstone National Park'' (2005). The 
research program will involve a linked series of experiments that will 
enable researchers to gain insight into how road grooming and other 
factors currently affect bison travel. Initially, the research program 
will include the analysis of existing data on GPS-collared bison, the 
tracking of additional GPS-collared bison, and the deployment of 
cameras along travel routes to gain information on the relationship 
between road grooming and bison travel, without necessitating the 
closure of the Gibbon Canyon road segment to public oversnow vehicle 
travel. During the 5 year period, other roads or routes may be 
investigated to help understand the relationship between snow depth, 
grooming, and bison movement. For example, the Firehole Canyon Drive 
may be closed to oversnow travel and the Grand Loop Road gated in that 
area to allow snowmobile and snowcoach travel, but not bison movement 
on the main road. Bison would then be forced to travel cross country or 
along the ungroomed Firehole Canyon Road. Similarly, the Madison to 
Norris Road may be fenced or gated in the vicinity of the new bridge 
over the Gibbon River to restrict bison movement on the Madison to 
Norris Road and force bison to travel cross country. Thus bison 
movement and snow depth and roads may be tested without closing a main 
road. However, following the 5 years of data gathering and analysis, 
the NPS, in consultation with the researchers, will consider closing 
the main Madison to Norris route to observe bison response. That 
decision will rely on the results of the data gathering and analysis 
and whether such a closure would be likely to yield informative data or 
conclusions. If implemented, such a closure would likely last several 
seasons.
    Snowmobiles and snowcoaches will continue to be restricted to 
designated routes, which are a subset of the same roads that are 
traveled by motor vehicles during the remainder of the year, or in the 
case of Jackson Lake, by motorboats during the summer. In Yellowstone, 
in addition to most of the Grand Loop Road, certain side roads will be 
open for snowmobile use after noon, based on the successful experience 
of the NPS with temporal zoning on Firehole Canyon Drive. Virginia 
Cascades will be accessible only via ski and snowshoe.
    This rule addresses Sylvan Pass in Yellowstone. For the winter 
season of 2007-2008 the pass will be managed continuing the combined 
program outlined in the 2004 Temporary Plan. After the winter of 2007-
2008, in order to maximize risk reduction, the pass would be open and 
managed using full avalanche forecasting (as defined in the Sylvan Pass 
Operational Risk

[[Page 70787]]

Management Assessment and may be viewed at: http://www.nps.gov/yell/parkmgmt/winterusetechnicaldocuments.htm). When full forecasting 
indicates the pass is safe, the pass would be open to oversnow travel 
(both motorized and non-motorized access).
    The National Park Service will, in good faith, work cooperatively 
with the State of Wyoming, Park County, Wyoming and the town of Cody to 
determine how to provide continued snowmobile and snowcoach motorized 
oversnow access to Yellowstone National Park through the East Gate via 
Sylvan Pass in the winter use seasons beyond 2007-2008.
    The National Park Service will meet with representatives of the 
State of Wyoming, Park County, Wyoming and the town of Cody to further 
explore reasonable avalanche and access mitigation safety measures and 
costs. In order to provide adequate time to implement actions that 
reflect a potential consensus of the parties, and to promulgate a new 
regulation, if necessary, that reflects an amended decision for the 
2008-2009 winter use season and beyond, consensus should be reached by 
June 1, 2008.
    If the pass is closed at times to oversnow vehicle travel, the 
segment of road from the East Entrance to a point about four miles 
west, short of the Sylvan Pass avalanche zone, will be groomed and/or 
tracked for cross-country skiing. The commercial snowmobiles or 
snowcoaches authorized to operate from East Entrance may be allowed on 
that segment in order to provide skier drop-offs or shuttles. In 
addition, when the pass is not open due to safety, the road segment 
between Fishing Bridge and Lake Butte Overlook will be maintained for 
oversnow vehicle travel.
    Beginning with the winter season of 2008-2009, the NPS will 
discontinue maintaining the Continental Divide Snowmobile Trail (CDST) 
as an oversnow vehicle route through most of Grand Teton and the 
Parkway, in essence converting this portion of the CDST into a 
trailered segment. Experience over the past several winters strongly 
suggests that the minimal amount of use on this route would not 
substantially increase since much of the previous use of the CDST was 
associated with visitors traveling through Yellowstone. The NPS 
recognizes that the guiding and air and sound emissions requirements 
for Yellowstone have contributed to a substantial reduction in the use 
of the CDST, since visitors have not been able to continue into 
Yellowstone without a guide and a snowmobile that meets the emissions 
requirements, as well as being subject to the daily entrance caps.
    The NPS also recognizes, however, that snowmobile access to and 
from the Targhee National Forest is important to some visitors. While 
the CDST will no longer be maintained or designated for snowmobile use, 
the air and sound emissions requirements for the Grassy Lake Road will 
be removed beginning with the 2008-2009 winter season. Snowmobilers 
will be able to transport their machines by trailer between Moran and 
Flagg Ranch using plowed roads, in order to connect to the Grassy Lake 
Road and the national forest lands to the west of the Parkway. The 
daily entry limit of 25 is similar to the level of use that occurred in 
the past.

Summary of and Responses to Public Comments

    The NPS published a proposed rule on May 16, 2007 (72 FR 27499) and 
accepted public comments through July 16, 2007. Comments were accepted 
through the mail, hand delivery, and through the Federal eRulemaking 
Portal: http://www.regulations.gov. A total of 1,450 people commented 
on the proposed rule, and 1,481 comment documents were received (some 
commentors submitted multiple letters). Thirty-seven letters were 
submitted electronically, and the remainder were submitted in paper 
form. Approximately 42% of commentors submitted form letters while the 
remaining 58% were unique letters.

Snowmobiles and Snowcoaches

    1. Comment: The NPS should revise the proposed rule to prohibit the 
use of snowmobiles and require that all oversnow access to the parks be 
via snowcoaches.
    Response: Snowcoaches and snowmobiles provide two very different 
types of experiences for park visitors seeking to enjoy Yellowstone 
during the winter. The use of both types of travel is well-established 
in the Parks, extending back more than 4 decades. In seeking to provide 
a range of opportunities and means to enjoy the Parks, the NPS believes 
that the managed use of both types of oversnow travel best meets that 
purpose and, as described in the FEIS and ROD, can be accomplished 
without harming the integrity of park resources or values. In addition, 
both types of access facilitate a wide range of non-motorized 
activities within the park by providing access to interior destinations 
such as Old Faithful and other areas that would otherwise be 
unreachable by the vast majority of visitors.
    2. Comment: The use of snowmobiles results in a waste of resources 
and contributes to climate change.
    Response: As disclosed in the FEIS, snowmobiles that currently meet 
the NPS's air and sound emissions requirements are more fuel-efficient 
than conventional snowmobiles and therefore contribute less to climate 
change. On a per capita basis, snowmobiles meeting NPS air and sound 
emissions requirements are slightly more fuel-efficient than 
snowcoaches, based on NPS analysis of current ridership and gas mileage 
within Yellowstone.
    3. Comment: The proposed rule would continue to allow the use of 
snowcoaches, which would result in adverse impacts on air quality and 
the natural soundscape of Yellowstone.
    Response: The NPS fully evaluated the impacts of snowcoaches on the 
air quality and natural soundscapes of Yellowstone, as described in the 
FEIS. The NPS recognizes that certain types of snowcoaches, 
predominantly the historic Bombardier models with upright exhaust 
stacks, operate with relatively high levels of noise and have been 
responsible for a large percentage of the instances in which sound 
levels exceeded adaptive management thresholds established by the NPS. 
Beginning with the 2011-2012 winter season, the NPS will require that 
all snowcoaches meet a noise emissions requirement of no greater than 
73 dBA and an air emissions requirement that is the functional 
equivalent of having EPA Tier I emissions control equipment into the 
engine and drive train for the vehicle class (size and weight) as a 
wheeled vehicle. The NPS, through contracts and permits, will encourage 
snowcoaches to have EPA Tier II emissions control equipment for the 
vehicle class.
    4. Comment: The NPS should require all snowcoaches to meet air and 
sound emissions requirements sooner than the 2011-2012 winter season.
    Response: The NPS believes that the 4-year period allowed for the 
phase-in of air and sound emissions requirements is reasonable given 
the expense of upgrading snowcoaches to meet these requirements, and is 
necessary in order to avoid a disruption of visitor services.

Park Resource Issues

    5. Comment: The use of snowmobiles under the proposed rule will 
continue to result in adverse impacts on air and water quality, natural 
soundscapes, vegetation, wildlife, visitor experience, and public 
health and safety.
    Response: The NPS fully evaluated the environmental impacts of

[[Page 70788]]

snowmobile use in the Final Environmental Impact Statement (FEIS). The 
combination of daily entry limits, strict air and sound emissions 
requirements for snowmobiles, and the requirement that all snowmobilers 
travel with a commercial guide while visiting Yellowstone significantly 
mitigates the impacts of snowmobile use in the Parks. In order to 
further mitigate these impacts, the NPS has reduced the daily entry 
limits on snowmobiles to 540 per day in Yellowstone and 65 per day in 
Grand Teton and the Parkway. As stated in the FEIS and the ROD, the 
impacts resulting from the use of snowmobiles in the Parks will not 
harm the integrity of park resources and values.
    6. Comment: Road grooming has unnaturally altered bison ecology.
    Response: The NPS fully evaluated the impacts of snowmobile and 
snowcoach use on bison in the FEIS and responded to comments on this 
issue. As discussed above, the NPS is also implementing a research 
program to further study aspects of this issue.
    7. Comment: The improvements in air quality as well as other 
improvements in environmental conditions in Yellowstone over the last 
several winters are attributable more to the lower numbers of 
snowmobiles that have been present rather than to the air and sound 
emissions requirements, guiding requirements, and daily entry limits 
(which allowed for more use than actually occurred).
    Response: The NPS recognizes that the level of snowmobile use that 
occurred over the last three winters contributed to improvements in air 
quality and other environmental conditions. As described in the FEIS, 
however, these improvements are also attributable to the air and sound 
emissions requirements, guiding, and other elements of the temporary 
plan that has been in effect for the past several winters.
    8. Comment: The NPS should not be attempting to manage for an 
unreasonable expectation that visitors may expect to enjoy natural 
quiet along with motorized travel within the Parks.
    Response: Natural soundscapes are an important element of the 
Parks' resources and of visitors' enjoyment of the Parks. The NPS 
believes that it is obligated to protect that resource and allow for 
its enjoyment to the greatest extent possible, recognizing that in 
certain areas human-caused sounds will be evident much of the time. The 
sound emissions and guiding requirements, group sizes, daily entry 
limits, and other elements of the Winter Use Plan all contribute to 
reasonable opportunities for visitors to experience the natural 
soundscapes of the Parks, even along travel corridors.
    9. Comment: Snowmobiles that meet the air and sound emissions 
requirements of the proposed rule do not produce intrusive sounds and 
have no adverse impacts on the Parks' natural soundscapes.
    Response: As disclosed in the FEIS, snowmobiles meeting the NPS air 
and sound emissions requirements do produce noise, although at a 
reduced level from conventional two-stroke snowmobiles. In addition, 
the tonal qualities of these snowmobiles are different from 
conventional snowmobiles and may be perceived as less intrusive, and at 
the limits of audibility the low pitched sounds may not be 
distinguishable from natural sounds such as the wind. The requirement 
that most snowmobiles operating in the Parks meet NPS air and sound 
emissions requirements mitigates, but does not eliminate, impacts on 
the natural soundscapes.
    10. Comment: The use of snowmobiles does not result in any 
environmental impacts on the parks.
    Response: The environmental impacts of snowmobiles and snowcoaches 
were identified in the FEIS.
    11. Comment: The analysis supporting the proposed rule did not 
properly consider recent studies, in particular the Bishop studies from 
2006 and 2007, showing that snowcoaches and snowmobiles can have the 
same extremes in emissions--both high and low--and the proposed rule 
relies on studies not cited in the DEIS (C.C. Lela and J.J. White/
Southwest Research Institute, ``Laboratory Testing of Snowmobile 
Emissions, Final Report,'' 2002).
    Response: The proposed rule did use the Bishop studies and the FEIS 
in its analysis (Gary A. Bishop, Daniel A. Burgard, Thomas R. Dalton, 
Donald H. Stedman, and John D. Ray, 2006 ``In-use Emission Measurements 
of Snowmobiles and Snowcoaches in Yellowstone National Park,'' and Gary 
A. Bishop, Ryan Stadtmuller, and Donald H. Stedman, 2007 ``Portable 
Emission Measurements of Snowcoaches and Snowmobiles in Yellowstone 
National Park''). The 2006 study has been published (Winter Motor-
Vehicle Emissions in Yellowstone National Park, Environmental Science & 
Technology (April 15, 2006): 2505-2510), and the 2007 study has been 
submitted for peer review. Both of these studies support the conclusion 
that although snowcoaches as a class can have both high and low 
emissions, the cleanest of the snowcoaches would produce emissions well 
below that of four-stroke snowmobiles, on a per capita basis. The NPS, 
in requiring Tier I emissions controls for snowcoaches with this rule 
(and encouraging the stricter Tier II emissions controls through 
contracts, as indicated in the FEIS), will be implementing snowcoach 
emissions requirements intended to be equal to or better than the 
emissions Bishop found in the cleanest group of snowmobiles, as 
detailed in the FEIS.

Guiding

    12. Comment: The requirement over the last several winters that all 
visitors entering Yellowstone by snowmobile be accompanied by a 
commercial guide has resulted in adverse economic impacts on gateway 
communities, and these impacts will be perpetuated by the proposed 
rule.
    Response: These and other economic impacts were disclosed and 
analyzed in the FEIS and in the economic analysis report that is 
summarized below. The NPS acknowledges that there have been some 
negative economic impacts to gateway communities and individual 
businesses located within those communities over the past several 
winters as a result of a decrease in snowmobile visitation to the 
Parks.
    13. Comment: The requirement in the proposed rule that all 
snowmobilers be accompanied by a commercial guide while visiting 
Yellowstone largely eliminates the ability to experience the park on 
one's own terms, independent of a guided tour, thus diminishing the 
enjoyment of visiting the park.
    Response: The NPS recognizes that the guiding requirement 
diminishes the opportunity to travel freely through the park 
independent of a commercially guided trip, but believes that such a 
requirement is a fundamental element of the successful approach to 
mitigating the impacts of motorized winter use. While some individuals 
may be discouraged from visiting the park because of this requirement, 
the NPS also recognizes that by traveling with a commercial guide, 
visitors have the ability to increase their understanding and 
appreciation of the park through frequent interaction with a 
knowledgeable and experienced trip leader.
    14. Comment: Commercial guiding does not mitigate the impacts to 
natural soundscapes, wildlife, and safety.
    Response: The effects of guiding on these resource topics were 
analyzed in the FEIS. Guiding has resulted in substantial noise-free 
intervals in the park because snowmobiles are clustered in groups and 
travel in more predictable

[[Page 70789]]

patterns. Commercial guiding is effective in minimizing human-wildlife 
conflicts, and the number of law enforcement and safety-related 
incidents has substantially decreased since the initiation of the 
commercial guiding requirement.
    15. Comment: Commercially guided groups should continue to have a 
maximum size of 10 snowmobilers plus the guide on a separate 
snowmobile, rather than the 8 or 17 snowmobiles (depending on whether 1 
or 2 guides are present) described in the proposed rule.
    Response: In response to public comment and further discussions 
within the NPS, this section of the proposed rule has been revised to 
continue the existing maximum group size of 10 snowmobiles plus one 
guide, for a total of 11 snowmobiles.
    16. Comment: The NPS should specify a minimum group size of two 
persons.
    Response: The NPS does not believe it is necessary to designate a 
minimum group size since there will always be at least one person plus 
a guide.
    17. Comment: The analysis supporting the proposed rule does not 
support the NPS's conclusions that the requirement for commercial 
guides results in mitigation of the impacts on soundscapes, wildlife, 
and safety. The analysis is flawed because groups accompanied by a non-
commercial guide have not been allowed in Yellowstone since 
implementation of managed winter use in 2003, and therefore was not 
analyzed.
    Response: The NPS believes that commercial guiding has been 
extremely successful and helped address problems that historically 
arose. A number of actions in the range of alternatives considered in 
the EIS have not occurred in practice, such as non-commercial guiding, 
road closures, improved air and sound emissions requirements for 
snowmobiles, and air and sound requirements for snowcoaches. This does 
not mean that those actions were not analyzed. Modeling and 
professional judgment were used to analyze these actions.

Sylvan Pass

    18. Comment: The reasons and rationale presented by the NPS in the 
proposed rule for the closure of Sylvan Pass to oversnow vehicle travel 
are insufficient to support such an action. The rule should be revised 
to continue the use of Sylvan Pass as an oversnow route for snowmobiles 
and snowcoaches.
    Response: The NPS and others have extensively studied the avalanche 
hazards at Sylvan Pass as well as potential ways of addressing those 
hazards. The NPS has concluded that there are serious risks to park 
employees, contractors, and visitors, and there may not be reasonable 
ways of ensuring that visitors or concessioners could depend on the 
pass being consistently open in light of the avalanche hazards, weather 
conditions, and other factors. However, the National Park Service will, 
in good faith, work cooperatively with the State of Wyoming, Park 
County, Wyoming and the town of Cody to determine how to provide 
continued snowmobile and snowcoach motorized oversnow access to 
Yellowstone National Park through the East Gate via Sylvan Pass.
    The National Park Service will meet with representatives of the 
State of Wyoming, Park County, Wyoming and the town of Cody to further 
explore reasonable avalanche and access mitigation safety measures and 
costs. In order to provide adequate time to implement actions that 
reflect a potential consensus of the parties for the 2008-2009 winter 
use season and beyond, consensus should be reached by June 1, 2008. 
Consistent with the decision explained in the ROD, the NPS has revised 
the final rule to reflect that the East Entrance Road through Sylvan 
Pass will continue to be designated as an oversnow vehicle route beyond 
the 2007-2008 winter season. The NPS will cease active avalanche 
control activities beginning with the 2008-2009 season, and the pass 
would be open to motorized and non-motorized travel when avalanche 
forecasting indicates that travel through the pass is safe.
    19. Comment: The NPS has used the low number of visitors using the 
East Entrance during the winter as a reason for proposing to close 
Sylvan Pass to oversnow vehicle use.
    Response: Although the number of visitors using the East Entrance 
has been fairly low recently and historically, the basis for the 
proposal to close Sylvan Pass to oversnow vehicle use was that 
avalanche hazards to employees and visitors exist. As described above 
and in the ROD, the National Park Service will, in good faith, work 
cooperatively with the State of Wyoming, Park County, Wyoming and the 
town of Cody to determine how to provide continued snowmobile and 
snowcoach motorized oversnow access to Yellowstone National Park 
through the East Gate via Sylvan Pass.
    20. Comment: The NPS is inconsistent in its approach to public 
health and safety at Sylvan Pass because the proposed rule prohibits 
the use of oversnow vehicles through the pass due to the danger of 
avalanches, while permitting non-motorized users to ski or snowshoe 
through the same area in the absence of any avalanche control efforts.
    Response: In the Final Rule, motorized and non-motorized travel 
over Sylvan Pass are treated the same.
    21. Comment: Closure of the East Entrance to Yellowstone for the 
winter season would result in negative socioeconomic impacts on 
communities that depend on winter tourism.
    Response: The National Park Service has revised the final rule, and 
will in good faith work cooperatively with the State of Wyoming, Park 
County, Wyoming and the town of Cody to determine how to provide 
continued snowmobile and snowcoach motorized oversnow access to 
Yellowstone National Park through the East Gate via Sylvan Pass. The 
NPS recognizes that the closure of the East Entrance during the winter 
would result in some economic impacts on Cody and Park County, Wyoming. 
While some individual businesses would likely be adversely affected by 
the closure of the East Entrance, the overall effect on the area's 
economy would have been minor since winter tourism is only one 
component of the economy (see FEIS, pages 207-210). These and other 
economic impacts were disclosed and analyzed in the FEIS and in the 
economic analysis report that is summarized below. The full documents 
are available online at http://www.nps.gov/yell/planyourvisit/winteruse.htm.
    22. Comment: An economically sustainable winter recreation program 
for Cody and the North Fork area would not be supportable if Sylvan 
Pass were to be closed.
    Response: The NPS acknowledges that some economic impacts on Cody 
and the North Fork area would result from the closure of Sylvan Pass, 
and that some individual businesses could be particularly impacted. The 
NPS believes that a variety of recreation opportunities would continue 
to be available in Cody and the North Fork area. As described above, 
the National Park Service has revised the final rule, and will in good 
faith work cooperatively with the State of Wyoming, Park County, 
Wyoming and the town of Cody to determine how to safely provide 
continued snowmobile and snowcoach motorized oversnow access to the 
interior of Yellowstone National Park through the East Gate via Sylvan 
Pass.
    23. Comment: Closure of Sylvan Pass to oversnow vehicles would 
deprive visitors of the opportunity to experience and enjoy that area 
of the park.

[[Page 70790]]

    Response: As discussed above, our revised decision will provide 
such access during periods when it is safe to do so. During the periods 
when Sylvan Pass is closed due to avalanche risk, the first several 
miles of the road between the East Entrance and Sylvan Pass will 
continue to be maintained for persons wishing to experience the area on 
skis or snowshoes, with drop-offs possible by snowcoach or snowmobile.
    24. Comment: The following statement on page 27510 of the proposed 
rule is not true for communities and businesses in Park County, 
Wyoming: ``The preferred alternative also supports the communities and 
businesses both near and far from the park and will encourage them to 
have an economically sustainable winter recreation program that relies 
on a variety of modes and access to the parks in the winter.''
    Response: The NPS has in both the FEIS and ROD stated its support 
for working with communities and businesses in Park County in a variety 
of ways to mitigate the impacts of changes in access to the East 
Entrance. As described above, the National Park Service has revised the 
final rule, and will in good faith work cooperatively with the State of 
Wyoming, Park County, Wyoming, and the town of Cody to determine how to 
safely provide continued snowmobile and snowcoach motorized oversnow 
access to Yellowstone National Park through the East Gate via Sylvan 
Pass.
    25. Comment: What is the rationale for the one-year delay in 
implementing the closure of Sylvan Pass and who would benefit from that 
delay?
    Response: The NPS believes that a delay in transitioning to a 
different method of managing risk on Sylvan Pass is appropriate in 
order to give local businesses and communities that may be affected by 
the change in access time to adjust. Also the one year delay provides 
the opportunity for the National Park Service, in good faith, to work 
cooperatively with the State of Wyoming, Park County, Wyoming and the 
town of Cody to determine how to provide continued snowmobile and 
snowcoach motorized oversnow access to Yellowstone National Park 
through the East Gate via Sylvan Pass in the winter use seasons beyond 
2007-2008.
    The National Park Service will meet with representatives of the 
State of Wyoming, Park County, Wyoming, and the town of Cody to further 
explore reasonable avalanche and access mitigation safety measures and 
costs. In order to provide adequate time to implement actions that 
reflect a potential consensus of the parties, consensus should be 
reached by June 1, 2008.

Socioeconomics

    26. Comment: The analysis supporting the proposed rule did not 
properly consider the long-term socioeconomic impacts on gateway 
communities.
    Response: The potential socioeconomic impacts are described in 
Section 4.2.2 of the FEIS.
    27. Comment: The economic analysis indicates that Alternative 2, 
the ``snowcoach only'' alternative, has the second highest level of 
quantified net benefits, which seems high since combined skier and 
snowcoach entries have never accounted for more than about 20 percent 
of total park winter visitation.
    Response: Quantified net benefits, as represented by consumer 
surplus, is different from total number of visitors and total spending 
by visitors. Consumer surplus is the monetized measure of the value or 
enjoyment of the visit to the visitor. Under Alternative 2, snowcoach 
riders placed a very high value on visiting the park without 
snowmobiles. Also, according to actual visitation statistics presented 
in the FEIS, car passengers are by far the largest group of winter 
visitors in Yellowstone, composing almost 50%. Collectively, car 
riders, snowcoach riders and skiers make up a little over 2/3 of the 
winter visitors. Finally, skiers are not just people who entered the 
park by ski, but people for whom skiing was the primary activity in YNP 
(6% of visitors according to the 2002-2003 survey). These people may 
have actually entered the park driving a car or riding a snowcoach or 
snowmobile.
    28. Comment: The analysis supporting the proposed rule is 
inconsistent because it uses historical snowmobile use levels as the 
baseline for some resources but does not use that baseline for the 
economic analysis.
    Response: The Office of Management and Budget requires that for 
rulemaking purposes the economic analysis use as a baseline a condition 
that is absent the federal rulemaking. In this case, that corresponds 
to a situation where no oversnow vehicle use would be authorized in the 
Parks. For other impact topics, the comparison to historical conditions 
was intended to allow the reader to understand the differences between 
each alternative and conditions that previously existed, and between 
the alternatives themselves, including the no action alternative.
    29. Comment: The Parks are important economically to the 
surrounding counties, and citizens expect reasonable access to the 
Parks.
    Response: The NPS agrees with this statement and recognizes the 
economic significance of the Parks to the surrounding communities, 
which is described in the economic analysis in the FEIS, and summarized 
in this rule. The NPS believes that the management of winter use that 
will occur under this rule provides visitors with an appropriate range 
of activities and experiences while ensuring that the integrity of park 
resources and values is not harmed.

Designated Routes and Daily Entry Limits

    30. Comment: The NPS should restrict the number of snowcoaches to 
no more than 50 per day in order to maximize the occupancy of each 
coach.
    Response: We believe that the ROD and this rule reflect an adequate 
balance between snowmobile and snowcoach access to the interior of 
Yellowstone in the winter while protecting park resources and values. 
The number of snowcoaches operating in Yellowstone over the past 
several winters has been less than the 78 per day that were authorized, 
although snowcoach ridership has been on an upward trend. While 
snowcoach operators strive to maximize occupancy, the actual number of 
people per coach is dependent on a number of factors such as group 
sizes, scheduling, charters, and equipment availability. The NPS 
expects that as demand for snowcoach tours increases, the number of 
coaches operating in the park will increase commensurate with the 
demand, and occupancy rates may also increase to some degree. The NPS 
retains the flexibility to defer the increase from 78 to 83 to the next 
snowcoach contracts.
    31. Comment: The NPS should manage snowmobile use by regulating the 
number of groups instead of individual snowmobiles.
    Response: The NPS recognizes that managing by the number of 
snowmobile groups using the parks rather than the actual number of 
snowmobiles is another possible method that could be used to allocate 
daily entries. Such an alternative was considered but dismissed from 
detailed consideration in the FEIS. The NPS believes that allocating a 
set number of snowmobile entries per entrance with an upper limit on 
the number of snowmobiles per group provides guides with the greatest 
flexibility. Under a daily group limit, some groups would not be filled 
to the group size limit. Managing visitor use

[[Page 70791]]

by a daily entrance limit allows more visitors to tour the park. Also, 
an inherent part of the analysis, especially for soundscapes, was the 
concept of grouping snowmobiles. Nonetheless, the NPS does not wish to 
discourage operators from taking smaller groups or charters since this 
type of individual service is desired by some visitors.
    32. Comment: The NPS should extend the hours for access to Firehole 
Canyon, North Canyon Rim Drive, and Riverside Drive in Yellowstone to 
provide more flexibility for guided tours.
    Response: The NPS believes that restricting the hours during which 
snowmobiles may access these areas allows for a separation of 
snowmobile and snowcoach use which provides opportunities for an 
enhanced experience for some visitors.
    33. Comment: The NPS should either prohibit the use of snowmobiles 
in the parks, or if they are allowed, the daily entry limits should be 
very low.
    Response: The NPS has reduced the number of snowmobiles allowed to 
enter Yellowstone each day from 720 in the proposed rule to 540 in the 
final rule. Similarly, the number of snowmobiles allowed in Grand Teton 
and the Parkway was reduced from 140 per day in the proposed rule to 65 
per day in the final rule. The numbers of snowmobiles allowed in the 
parks under this rule take into account the analysis of public comment, 
feedback from public meetings, review of the 2006 NPS Management 
Policies, additional monitoring data, and additional analysis and 
modeling completed since publication of the proposed rule and DEIS.
    34. Comment: The NPS should allow some percentage of the daily 
snowmobile entries for Yellowstone to consist of either unguided or 
non-commercially guided groups, perhaps in conjunction with a certified 
leader program.
    Response: The NPS considered two distinct alternatives that allowed 
either 20 or 25 percent of snowmobiles to enter Yellowstone either with 
a non-commercial guide or unguided. Based on the experience of the past 
several winters and additional analysis presented in the FEIS in 
support of this rulemaking, the NPS concluded that the requirement that 
100% of the snowmobile use be commercially guided is both appropriate 
and necessary to adequately mitigate the impacts of the use on park 
resources and values.
    35. Comment: The use of snowmobiles and snowcoaches should be 
restricted to certain designated routes.
    Response: Consistent with the requirements of 36 CFR 2.18(c), the 
use of snowmobiles and snowcoaches under the proposed rule was, and 
this final rule continues to be, restricted to designated routes that 
are the same as roads that are used by motor vehicles during other 
seasons of the year, or in the case of Jackson Lake, by motorboats 
during the summer months. Only a portion of the Parks' road systems is 
groomed for oversnow vehicle use. The use of snowmobiles or snowcoaches 
off of designated routes is prohibited.

Grand Teton and the John D. Rockefeller, Jr. Memorial Parkway

    36. Comment: The NPS should allow the use of ``EPA Compliant'' 
snowmobiles on Jackson Lake, the Continental Divide Snowmobile Trail, 
and the Grassy Lake Road. EPA compliant would be defined as a 2007 
model year or later snowmobile that meets or exceeds the Environmental 
Protection Agency's requirements for air emissions.
    Response: The NPS considered this concept but believes that it 
would not be as effective in mitigating the noise associated with 
snowmobiles as the air and sound emissions requirements described in 
the proposed rule. The EPA regulations pertain only to air emissions 
and therefore would not necessarily result in any noticeable reduction 
of noise. In addition, EPA air emission regulations are not as strict 
as NPS air requirements in this rule.
    37. Comment: The NPS should consider the CDST and Grassy Lake Road 
as one segment and manage it primarily for the use of long-distance 
snowmobile tours that originate and terminate outside of the parks in 
order to facilitate travel between points in Wyoming and destinations 
in Idaho and Montana.
    Response: The NPS considered but rejected this concept because it 
would have also involved the use of ``EPA Compliant'' snowmobiles on 
the CDST, which would not address noise issues as discussed in the 
previous response. In lieu of this proposal, however, the NPS will 
allow two-way use of the Grassy Lake Road without any restrictions on 
the type of snowmobiles that may be used, and allow a daily limit of 25 
per day. While snowmobiles will have to be hauled by trailer between 
Moran Junction and Flagg Ranch, this change will improve access to the 
adjacent public lands in the Targhee National Forest and beyond.

Consistency With Laws and Policies

    38. Comment: By allowing for the use of snowmobiles in the Parks, 
the proposed rule is inconsistent with the NPS Management Policies 
2006, which require that conservation must be the priority when there 
is a choice between visitor access and use of the parks and protection 
of park resources and values.
    Response: Throughout the planning process that supports this 
rulemaking, the concept of providing a range of appropriate activities 
and experiences for park visitors has remained constant. For the 
reasons stated in the ROD, this concept as well as this rule are fully 
in accordance with the NPS Organic Act, the NPS Management Policies 
2006, executive orders, and other authorities pertaining to management 
of the National Park System. The NPS believes that the carefully 
regulated and monitored use of snowmobiles is part of an appropriate 
range of winter activities. Throughout the process supporting this 
rulemaking, the NPS has heard from and listened to commentors 
expressing a wide variety of viewpoints on the issue, and recognizes 
the difficulty in reconciling the many differences in opinion.
    39. Comment: Implementation of the proposed rule would result in 
the NPS violating the NPS Organic Act and other applicable mandates.
    Response: The NPS determined in the FEIS and the ROD that the 
actions that are to be implemented under this rule will not result in 
unacceptable impacts or impairment and thus will not violate the 
Organic Act, or any other law, regulation or policy.
    40. Comment: The Clean Air Act and NPS Management Policies 2006 
require the National Park Service to maintain the best possible air 
quality in the parks.
    Response: At present, with oversnow vehicle use levels similar to 
what would likely be experienced under these rules (including the air 
quality on the busiest days, with oversnow vehicle numbers at or near 
the maximum that will be allowed under these rules), air quality in the 
parks has been in full compliance with the requirements of the Clean 
Air Act and NPS Management Policies. Under the interim plan, NPS found 
that both carbon monoxide and particulate levels were well below 
national standards; carbon monoxide levels were a tenth of the national 
standard and particulate levels were less than one-fourth of the 
standard, as documented in the FEIS.

Miscellaneous

    41. Comment: The NPS should establish December 15 and March 15 as 
fixed dates for the opening and closing dates of the winter use season 
in Yellowstone.

[[Page 70792]]

    Response: Beginning with the winter season of 2008-2009, 
Yellowstone's winter season is defined as the period from December 15 
to March 15. Actual opening and closing dates for oversnow travel, 
however, will continue to be determined based on the presence of 
adequate snowpack or snow water equivalency as has been done for a 
number of years. Additionally, an early March closing of Yellowstone's 
Mammoth Terraces oversnow entrance and the roads from Norris to Madison 
and Norris to Canyon will continue to occur to facilitate spring 
plowing.
    42. Comment: The NPS should use a lottery system for allocating 
entries into Yellowstone.
    Response: The NPS believes that the existing system of allocating 
entries through concessions contracts and permits is the most 
appropriate method, especially in the context of the guiding 
requirement.
    43. Comment: The NPS should consider expanding opportunities for 
non-motorized recreation in the parks by grooming additional areas for 
cross country skiing.
    Response: This rulemaking does not affect the ability of the NPS to 
consider such actions.
    44. Comment: The NPS should continue to provide a preferential 
right of renewal of long-time, small concessioners.
    Response: Concessions contracting issues are beyond the scope of 
this rulemaking and are addressed in 16 U.S.C. 5951-5966 and 36 CFR 
part 51.
    45. Comment: The analysis supporting the proposed rule did not 
properly consider the long-term impacts from climate change on winter 
activities in the parks.
    Response: The NPS addressed climate change in Section 1.5 of the 
FEIS. Climate change may affect winter precipitation patterns and 
amounts in the parks, but it would be speculative to predict changes in 
snow water equivalency or average winter temperatures. The FEIS did 
analyze the impacts of plowing Yellowstone's lower elevation roads, 
which may be a viable adaptive management strategy in response to 
changing weather patterns.
    46. Comment: The analysis supporting the proposed rule did not 
adequately consider the cumulative environmental impacts to nearby 
national forest lands.
    Response: The potential direct, indirect, and cumulative effects on 
lands, including national forests, within the Greater Yellowstone Area 
are discussed in Section 4.4 of the FEIS. The U.S. Forest Service was a 
cooperating agency on this FEIS in order to provide technical 
information and provide technical review on topics related to their 
special expertise, including cumulative impacts on adjacent forest 
lands.
    47. Comment: The NPS should require snowmobilers to purchase park 
entrance permits in the gateway communities rather than at the entrance 
stations in order to reduce congestion and air pollution at the park 
entrances.
    Response: The park entrance fee is included in the package that 
visitors purchase from the commercial tour operators prior to entering 
the park, which also typically includes the costs of the snowmobile 
rental and snowmobile suit rental, as well as the guide fee. Guides 
provide a voucher to the NPS indicating the number of visitors, and the 
operator is subsequently billed the appropriate amount. This procedure 
eliminates the need for a separate transaction at the gate for each 
visitor. The requirement that all snowmobilers be part of a 
commercially guided tour facilitates this practice.
    48. Comment: Gateway communities, concessioners, visitors, and 
snowmobile-related businesses have suffered economic impacts as a 
result of restrictions on use and misinformation regarding the extent 
to which the parks were open.
    Response: The NPS recognizes that some of the decrease in winter 
visitation to the parks over the past several winters may have been the 
result of potential visitors to the parks being confused or unaware as 
to whether and to what extent the parks were open. The NPS has made 
every effort to ensure that the public was aware that the parks were 
open and that an appropriate range of activities for their enjoyment 
was available, and will continue to do so in the future.
    49. Comment: Revenue from snowmobile use of the parks provides 
funds that may be used by the NPS to support operations of the park 
throughout the year.
    Response: The parks retain 80% of the entrance fee revenue 
generated by visitation, with the remaining funds distributed for use 
elsewhere in the National Park System. While the funds derived from the 
winter season are a relatively small component of the Parks' budgets, 
those funds are important to operation and management of the Parks, and 
are used in accordance with applicable laws, regulations, and policies.
    50. Comment: The NPS should strictly enforce park regulations.
    Response: The NPS strictly enforces applicable federal laws and 
regulations within the Parks. Under the temporary plan that has been in 
effect the past three winters, NPS found that there was a significant 
increase in compliance with park regulations which is attributable to 
the commercial guiding requirement.
    51. Comment: The NPS should not have initiated the rulemaking 
process until after the FEIS and Record of Decision were completed.
    Response: Publication of the proposed rule shortly after release of 
the DEIS provided the public with two separate opportunities to comment 
on the winter use planning and regulation processes prior to the NPS 
reaching a decision, and did not limit the NPS in its decision-making. 
In fact, as a logical outgrowth of these comment processes, the NPS 
developed and presented a new preferred alternative in the FEIS and 
released the ROD and this final rule based on that new alternative.
    52. Comment: The fees that park visitors must pay for commercial 
guiding services represent the unlawful levy of a tax.
    Response: The fees paid by visitors to commercial guides are for 
services rendered and are not a tax.
    53. Comment: The NPS should not rely on, nor make reference to the 
2000 FEIS and related Record of Decision in this rulemaking since both 
of these documents were invalidated by the Wyoming District Court, and 
the conclusion within them that snowmobile use impaired park resources 
was legally and factually wrong.
    Response: The references to the 2000 FEIS and Record of Decision 
are necessary to properly explain the history and context of the winter 
use issue and this rulemaking. The NPS does not dispute that both of 
these documents were vacated by the Wyoming District Court and remanded 
to the agency on procedural grounds. The Wyoming District Court did not 
find the conclusions regarding impairment to be incorrect, and found 
that the Record of Decision was within the discretion of the NPS under 
the Organic Act. This rulemaking does not rely on either document.
    54. Comment: The Wyoming Department of Game and Fish should be 
allowed to access Jackson Lake for purposes associated with management 
of the fishery.
    Response: Except where noted, the rule applies to the use of 
recreational snowmobiles in the Parks. The NPS has previously indicated 
to the Wyoming Department of Game and Fish that the use of 2-stroke 
snowmobiles for administrative purposes will be allowed

[[Page 70793]]

on Jackson Lake, but strongly encourages the use of snowmobiles meeting 
NPS air and sound emissions requirements unless necessary under the 
circumstances.

Changes to the Final Rule

    After taking the public comments into consideration and after 
additional internal review, several changes were made to the final 
rule, in addition to non-substitutive editorial changes made to improve 
clarity of the rule. These changes are as follows:
    First, paragraphs 7.13(l)(6)(ii), 7.21(a)(6)(ii), and 
7.22(g)(6)(ii) for Yellowstone, the Parkway, and Grand Teton, 
respectively, have been revised to indicate that the NPS may in the 
future utilize an updated SAE J192 procedure in order to certify which 
makes and models of snowmobiles meet NPS sound emissions requirements.
    Second, paragraph (7) in Sec.  7.13(l) has been revised to reflect 
the decision that the East Entrance Road through Sylvan Pass will 
continue to be designated for oversnow vehicle use beyond the 2007-2008 
winter season.
    Third, paragraph (9) of both Sec.  7.13(l) and Sec.  7.21(a) has 
been revised to require that group sizes may not exceed eleven 
snowmobiles, including that of the guide. This change was based in 
large part on public comment that indicated that groups of this size 
worked well and that the proposed change was not necessary.
    Fourth, the tables in Sec.  7.13(l), Sec.  7.21(a), and Sec.  
7.22(g) have been revised to reflect the reduction in the number of 
snowmobiles permitted each day in each of the 3 park units, as well as 
the slight increase in the number of snowcoaches allowed in 
Yellowstone. As described earlier, these changes were made primarily in 
order to provide greater protection of the Parks' air quality and 
natural soundscapes while ensuring that visitors are afforded an 
appropriate range of experiences. The tables have also been revised to 
reflect an allocation of 30 snowmobiles and two snowcoaches per day to 
the East Entrance, thereby slightly reducing the allocations at the 
North and South Entrances. Footnotes to Table 1 in Sec.  7.13(l) have 
also been revised to indicate that the specific allocations for each 
entrance of Yellowstone may be adjusted based on concession contract 
requirements, not to exceed 540 snowmobiles and 83 snowcoaches per day. 
Fifth, paragraph (6) of Sec.  7.21(a) has been revised to indicate that 
beginning with the winter season of 2008-2009, air and sound emissions 
requirements will not apply to snowmobiles being operated on the Grassy 
Lake Road, regardless of whether travel originates at Flagg Ranch or in 
the Targhee National Forest. The purpose of this change is to improve 
access to the recreational opportunities in the adjacent national 
forest lands.
    Sixth, paragraph (7) of Sec.  7.21(a) has been revised to indicate 
that the Continental Divide Snowmobile Trail and the route between the 
Snake River Bridge and Flagg Ranch is designated for oversnow vehicle 
use only through the winter season of 2007-2008.
    Seventh, paragraph (7) of Sec.  7.22(g) has been revised to reflect 
that the segment of the Continental Divide Snowmobile Trail between the 
Moran Entrance Station and the north boundary of Grand Teton is 
designated for snowmobile use only through the winter season of 2007-
2008.

Summary of Economic Analysis

Introduction

    This section summarizes an analysis conducted by the National Park 
Service of the costs and benefits, and impacts on small entities 
associated with this rule. The analysis is contained in the report 
titled ``Economic Analysis of Winter Use Regulations in the Greater 
Yellowstone Area'' (RTI International, September 2007), which is 
available at http://www.nps.gov/yell/planyourvisit/winteruse.htm. It 
should be noted that the report was based upon the preferred 
alternative in the FEIS, which was Alternative 7. Under this 
alternative, Sylvan Pass would have been closed to oversnow vehicle use 
beginning with the winter season of 2008-2009. The Record of Decision, 
however, allows for Sylvan Pass to remain open, and therefore presents 
a slightly different scenario than contained in the economic analysis. 
The costs and benefits presented in the economic analysis are therefore 
likely to be slightly different than if the report was based on the 
pass being kept open, but not significantly enough to require a new 
economic analysis.
    The analysis examines seven action alternatives for winter use 
plans in the Greater Yellowstone Area (Yellowstone National Park, Grand 
Teton National Park, and John D. Rockefeller, Jr. Memorial Parkway). In 
Yellowstone National Park, Alternative 1 represents conditions under 
the temporary winter use rule with some exceptions, including closing 
the East Entrance. Alternative 2 prohibits snowmobile access but allows 
for snowcoaches, while leaving the East Entrance closed. Alternative 3a 
allows guided snowmobile and snowcoach use, but only through the South 
Entrance. The other four action alternatives allow snowmobile and 
snowcoach use subject to daily entrance limits and with some guided 
tour requirements. Alternatives 4 and 5 allow for 25% and 20% unguided 
or non-commercially guided use, respectively, along with snowcoach use. 
Alternative 6 allows for another winter use of Yellowstone National 
Park--commercially guided wheeled vehicle use through the West 
Entrance, which would be plowed from Mammoth to the West Entrance to 
Old Faithful. Guided snowmobile and snowcoach use would be allowed out 
of the South Entrance and from Old Faithful and Norris. Alternative 7 
allows for 540 snowmobiles and 83 snowcoaches per day in Yellowstone 
and closes the East Entrance to oversnow vehicle use beginning with the 
2008-2009 winter season. Alternative 7 also allows 65 snowmobiles per 
day for Grand Teton and the Parkway.
    In Grand Teton National Park, Alternatives 1, 3, 5, and 6 allow for 
all snowmobiles to ride unguided up to varying daily caps. Alternative 
4 allows a mixture of guided and unguided snowmobiles, while 
Alternative 2 bans snowmobiles. Under Alternatives 1, 4, and 5, the 
Grassy Lake Road, the Continental Divide Snowmobile Trail (CDST), and 
Jackson Lake remain open for snowmobiles. Only the Grassy Lake Road is 
open under Alternative 3a, while Alternative 6 allows snowmobiles on 
the Grassy Lake Road and Jackson Lake.
    The National Park Service identified Alternative 7 as the preferred 
alternative in the FEIS, and adopted that alternative, with some 
modifications, in the ROD. Alternative 7 combines aspects of several of 
the other alternatives, especially Alternatives 1 and 5. In Yellowstone 
National Park, snowmobiles must be on guided tours, as in Alternative 
1. The total daily limit for snowmobiles is the same as Alternative 5, 
although the limit is distributed differently across the entrances and 
the East Entrance is closed to snowmobiles. In Grand Teton National 
Park, the CDST will no longer be maintained, and snowmobiles traveling 
the trail must be hauled by trailer across it. With the closing of the 
CDST in Grand Teton National Park, the daily limit on snowmobiles is 
lower than the other alternatives.
    The analysis estimates the benefits and costs associated with these 
seven action alternatives relative to the baseline, which is 
Alternative 3b. Baseline describes the conditions that would occur if 
the proposed regulations that are currently under consideration were 
not implemented. Under those

[[Page 70794]]

baseline conditions, recreational oversnow vehicle access would cease 
in all three parks. The estimated benefits and costs summarized here 
are incremental to the baseline. That is, these estimates are 
calculated as the additional benefits and costs the public would 
experience under each of the action alternatives as compared to the 
baseline conditions described by Alternative 3b.
    The purpose for estimating these benefits and costs is to examine 
the extent to which each action alternative addresses the need for the 
proposed regulations. These regulations are needed to correct certain 
``market failures'' associated with winter use in the parks. A market 
failure occurs when park resources and uses are not allocated in an 
economically efficient manner. For winter use in the parks, market 
failures occur as a result of ``externalities.'' An externality exists 
when the actions of some individuals impose uncompensated impacts on 
others. For example, snowmobile and snowcoach users impose costs on 
other park visitors in the form of noise, air pollution, congestion, 
and health and safety risks. Because these costs are not compensated, 
snowmobile and snowcoach users have little or no incentive to adjust 
their behavior accordingly. The proposed regulations are needed to 
correct this situation.
    The quantitative results of the analysis are summarized below. It 
is important to note that the analysis could not account for all 
benefits or costs due to limitations in available data. For example, 
the costs associated with adverse impacts to park resources such as 
wildlife, 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 analysis addresses the economic efficiency 
implications of the different action alternatives and not their 
distributive equity (i.e., it does not identify the sectors or groups 
on which the majority of impacts fall). Therefore, additional 
explanation is required when interpreting the quantitative results of 
the analysis. An explanation of the selection of the preferred 
alternative is presented following the summary of quantified benefits 
and costs.

Quantified Benefits and Costs

    The analysis of benefits and costs critically depends on estimates 
of visitation for the different user groups. While significant 
information is available from past visitation records and visitor 
surveys, a degree of uncertainty exists about how these visitation 
levels might change in the future under the seven action alternatives. 
In previous rulemakings involving winter use plans in the Greater 
Yellowstone Area, this uncertainty was addressed by making bounding 
assumptions to place upper and lower limits on a reasonable range of 
visitation. For this rulemaking, a more sophisticated approach was used 
to better characterize uncertainty and to estimate expected levels of 
visitation. That approach involves specifying probability distributions 
of key visitation parameters, and then sampling from those 
distributions in order to estimate visitation levels. By taking 
multiple samples, measures of central tendency for visitation can be 
calculated that reflect the uncertainty in the available data. This 
analysis used 1,000 samples, which were adequate to calculate expected 
levels of visitation. Those expected visitation levels were then used 
to estimate the benefits and costs described below for the seven action 
alternatives.
    The primary beneficiaries of Alternatives 1, 2, 3a, 4, 5, 6, and 7 
relative to the Alternative 3b baseline are the park visitors who ride 
snowmobiles or snowcoaches in the park and passengers on the proposed 
commercial bus tours and the businesses that serve them. Benefits and 
losses accruing to individual visitors are called consumer surplus 
changes and those accruing to businesses are called producer surplus 
changes. Consumer surplus measures the net economic benefit obtained by 
individuals from participating in their chosen activities, while 
producer surplus measures the net economic benefit obtained by 
businesses from providing services to individuals.
    Overall, Alternative 6 is estimated to provide the greatest 
consumer surplus benefits due to the commercial bus access. The daily 
caps on snowmobile use vary across the seven alternatives, with 
Alternative 4 allowing the most snowmobiles per day into the parks. 
Alternatives 1, 3a, 6, and 7 require snowmobilers to be part of a 
guided tour in Yellowstone National Park, a requirement that is 
expected to reduce the consumer surplus gains to snowmobilers who 
prefer unguided tours or who face additional expenses from taking a 
guided tour. Alternatives 4 and 5 allow for at least 20 percent of the 
tours to be unguided or led by non-commercial guides, which may 
somewhat mitigate the potential loss in consumer surplus associated 
with the guided tour requirement.
    The primary consumer group that would incur costs under 
Alternatives 1, 2, 3a, 4, 5, 6, and 7 would be the park visitors who do 
not ride oversnow vehicles. Alternative 2 results in the smallest 
losses for these visitors. Out of the set of alternatives that allow 
for continued snowmobile access to the parks, Alternative 6 is expected 
to impose the lowest costs on non-snowmobile users because of the lower 
daily limits, guided tour requirements, and restriction of oversnow 
vehicles to the South Entrance.
    For businesses, the producer surplus gains relative to the 
Alternative 3b baseline are expected to be ordered similar to the way 
consumer surplus gains are for snowmobilers and snowcoach riders 
because they are driven largely by the number of visitors. Alternative 
6 is expected to have the greatest positive impact on local businesses 
because the bus access is expected to result in the largest increase in 
visitation. Alternative 4, which allows the most snowmobiles and the 
most unguided snowmobiles, offers the second highest benefit to 
producers.
    The average net benefit levels quantified in the analysis are 
presented in Tables 1 and 2 below. Table 1 presents the total present 
value of quantified net benefits over the ten-year analysis period for 
winter seasons 2007-2008 through 2016-2017. Table 2 presents quantified 
net benefits per year for the same analysis period. These average net 
benefit levels are entirely positive for all seven action alternatives, 
relative to the Alternative 3b baseline.

Table 1.--Total Present Value of Quantified Net Benefits Relative to the
  Alternative 3b Baseline, Greater Yellowstone Area, 2007-2008 Through
                                2016-2017
------------------------------------------------------------------------
                                                         Total present
                                                            value of
                                                         quantified net
                                                            benefits
------------------------------------------------------------------------
Alternative 1:
  Discounted at 3% \a\...............................        $63,396,000
  Discounted at 7% \a\...............................         51,836,000
Alternative 2:
  Discounted at 3% \a\...............................        142,994,000
  Discounted at 7% \a\...............................        117,328,000
Alternative 3a:
  Discounted at 3% \a\...............................         52,101,000
  Discounted at 7% \a\...............................         42,704,000
Alternative 4:
  Discounted at 3% \a\...............................         36,656,000
  Discounted at 7% \a\...............................         30,016,000
Alternative 5:
  Discounted at 3% \a\...............................         39,344,000
  Discounted at 7% \a\...............................         32,329,000
Alternative 6:
  Discounted at 3% \a\...............................        248,834,000
  Discounted at 7% \a\...............................        204,405,000
Alternative 7:
  Discounted at 3% \a\...............................         63,387,000

[[Page 70795]]

 
  Discounted at 7% \a\...............................        51,823,000
------------------------------------------------------------------------
Note: All values are in 2003 dollars, and have been rounded to the
  nearest $1,000.
\a\ Office of Management and Budget Circular A-4 recommends a 7%
  discount rate in general, and a 3% discount rate when analyzing
  impacts to private consumption.


 Table 2.--Quantified Net Benefits per Year Relative to the Alternative
   3b Baseline, Greater Yellowstone Area, 2007-2008 Through 2016-2017
------------------------------------------------------------------------
                                                         Quantified net
                                                       benefits per year
                                                              \b\
------------------------------------------------------------------------
Alternative 1:
  Amortized at 3% \a\................................         $7,432,000
  Amortized at 7% \a\................................          7,380,000
Alternative 2:
  Amortized at 3% \a\................................         16,763,000
  Amortized at 7% \a\................................         16,705,000
Alternative 3a:
  Amortized at 3% \a\................................          6,108,000
  Amortized at 7% \a\................................          6,080,000
Alternative 4:
  Amortized at 3% \a\................................          4,297,000
  Amortized at 7% \a\................................          4,274,000
Alternative 5:
  Amortized at 3% \a\................................          4,612,000
  Amortized at 7% \a\................................          4,603,000
Alternative 6:
  Amortized at 3% \a\................................         29,171,000
  Amortized at 7% \a\................................         29,103,000
Alternative 7:
  Amortized at 3% \a\................................          7,431,000
  Amortized at 7% \a\................................         7,378,000
------------------------------------------------------------------------
Note: All values are in 2003 dollars, and have been rounded to the
  nearest $1,000.
\a\ Office of Management and Budget Circular A-4 recommends a 7%
  discount rate in general, and a 3% discount rate when analyzing
  impacts to private consumption.
\b\ This is the total present value of quantified net benefits reported
  in Table 1 amortized over the ten-year analysis timeframe at the
  indicated discount rate.

Interpretation of Quantified Benefits and Costs

    The National Park Service selected Alternative 7 as the preferred 
alternative; however, Alternatives 2 and 6 each have higher levels of 
quantified net benefits. Alternative 1 generates essentially the same 
level of quantified net benefits. Additional factors that are relevant 
in the selection of the preferred alternative include costs that could 
not be quantified and distributive equity concerns. With respect to 
costs that could not be quantified, Alternative 6 involves road plowing 
operations and possibly moderate, adverse visibility impacts due to 
road sanding operations, neither of which were quantified in terms of 
monetized costs. Monetizing these costs would reduce the quantified net 
benefits of Alternative 6 relative to those of Alternative 7.
    With respect to distributive equity concerns, Alternative 7 better 
balances the visitor experiences of all visitor groups compared to all 
other action alternatives. The costs and benefits accruing to the 
different visitor groups are more evenly distributed in Alternative 7 
than in Alternative 2 or Alternative 6. The benefits of Alternative 2 
are disproportionately associated with snowcoach riders. The benefits 
to snowmobile riders in Alternative 6 will be concentrated on riders 
who have access to the South Entrance. Finally, the lack of any 
historical precedent for plowing roads and allowing commercial bus 
tours during the winter leads to large uncertainties as to the 
magnitude of the benefits associated with Alternative 6. For these 
reasons, the National Park Service selected Alternative 7 as the 
preferred alternative.

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.
    (a) This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. A cost-benefit and economic 
analysis has been completed and is available upon request. These 
conclusions are based on the report ``Economic Analysis of Winter Use 
Regulations in the Greater Yellowstone Area'' (RTI International, 
September 2007).
    (b) This rule will not create inconsistencies with other agencies' 
actions. The National Park Service is unaware of any other Federal 
rules that duplicate, overlap, or conflict with this rule.
    (c) This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients.
    (d) 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 National Park Service has been the 
subject of numerous lawsuits regarding its management of winter use in 
the Parks.

Regulatory Flexibility Act

    The National Park Service has determined that this rule will have a 
significant positive economic effect on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), in comparison to conditions that would exist absent this 
rule. Therefore, a Final Regulatory Flexibility Analysis has been 
conducted and is available upon request. This analysis is contained in 
the report ``Economic Analysis of Winter Use Regulations in the Greater 
Yellowstone Area'' (RTI International, September 2007).
    Alternative 4 has the highest daily snowmobile limits and allows 
for 25% of snowmobilers to be on non-commercially guided or unguided 
tours; it would most likely result in the largest number of 
snowmobilers visiting the park. Thus, Alternative 4 would likely be the 
most beneficial to small businesses overall. However, Alternative 6, 
which allows guided commercial wheeled access to parts of the park 
through the North and West Entrances, is forecast to have the highest 
visitation. Visitation under Alternative 6 is the most uncertain 
because of the commercial wheeled access provision.
    Small businesses near the East Entrance and the town of Cody, 
Wyoming, would benefit more from Alternatives 4 and 5, which allow 
snowmobile traffic through the East Entrance. The East Entrance would 
be closed to snowmobile traffic under both the no-action alternative 
and Alternative 7.
    Nevertheless, a modified version of Alternative 7 was selected as 
the preferred alternative in part because it balances the visitor 
experiences of all modes of access compared to all other action 
alternatives. NPS believes that balance will benefit small businesses 
associated with all modes of access.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. This conclusion is based on the report ``Economic Analysis of 
Winter Use Regulations in the Greater Yellowstone Area'' (RTI 
International, September 2007).
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, state, or

[[Page 70796]]

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 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)

    This regulation meets the applicable standards set forth in 
Sections 3(a) and 3(b)(2) of Executive Order 12988 on Civil Justice 
Reform.

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 Impact Statement (EIS) and Record of Decision 
(ROD) have been completed. The EIS and ROD are available for review by 
contacting Yellowstone or Grand Teton superintendent offices or can be 
found at: www.nps.gov/yell/parkmgmt/winterusetechnicaldocuments.htm.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2:
    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 NEPA processes. Their major concern was to reduce the adverse 
effects on wildlife by snowmobiles. This rule does that through 
implementation of the guiding requirements and limits on snowmobile 
numbers.

Administrative Procedure Act

    This rule is effective on December 19, 2007. The National Park 
Service recognizes that new rules ordinarily go into effect thirty days 
after publication in the Federal Register. For this regulation, 
however, we have determined under 5 U.S.C. 553(d) and 318 DM 6.25 that 
this rule should be effective on December 19, 2007. This rule 
implements the winter use plans for the Parks and relieves the 
restrictions on the use of snowmobiles and snowcoaches that would exist 
in its absence. In addition, good cause exists for the effective date 
of December 19, 2007, for the following reasons:
    (1) The NPS has in good faith since at least March 2006 publicly 
stated that the 2007-2008 winter season for the Parks would commence on 
December 19, 2007, and the public and businesses have made decisions 
based on the widespread public knowledge of this opening date.
    (2) Since March 2006, the NPS has consistently and repeatedly 
stated that the 2007-2008 winter season would be a transition winter. 
As an action common to all alternatives in the Draft and Final EIS, the 
NPS stated the Parks would be open during the 2007-2008 winter season 
and operate under rules substantially the same as those that have been 
in effect last three winters under the temporary plan. Through this 
rule, the NPS intends to fulfill that commitment.
    (3) Many persons planning to visit the Parks have already made 
travel plans in anticipation of the Parks being open for snowmobile and 
snowcoach use, such as reserving time off from work, booking airfares 
and hotel accommodations, making reservations for snowmobile or 
snowcoach tours, and the like. For example, in late August, Xanterra 
Parks and Resorts (which operates lodging and other services in 
Yellowstone) reported that 2007-2008 winter bookings were up 18% over 
last year. The Christmas-New Year period is the most heavily visited 
time of the 82-day winter season. If the Parks do not open as scheduled 
on December 19, it would create unnecessary hardship for visitors who 
have already planned trips, and would likely result in economic losses 
for some visitors if reservations had to be cancelled. Significant 
revenue loss for businesses in and around the Parks would also occur. 
Many businesses in the gateway communities surrounding the Parks, and 
the people who rely upon them for their livelihoods, are highly 
dependent upon the Parks being open for the entire duration of the 82-
day season.
    (4) Snowmobile and snowcoach operators have made business decisions 
and investments for the winter season premised on an opening date of 
December 19, 2007. Such actions include purchasing new snowmobiles and 
snowcoaches for their fleets, making offers of employment, preparing 
advertising and other materials, and purchasing snowmobile accessories 
such as suits, helmets, boots, mittens, etc. A delay in the effective 
date of this regulation would shorten an already brief winter season, 
thereby depriving these businesses and others that depend on the winter 
season (such as hotels, restaurants, service stations, and other 
hospitality-oriented businesses) of revenue that is important to their 
livelihoods. As recently as November 2, NPS met with snowcoach and 
snowmobile guides and outfitters to plan for the 2007-2008 winter 
season based on an opening date of December 19, 2007.
    (5) There would be no benefit to the public in delaying the 
effective date of this rule, given that there has already been 
substantial notice of the opening date and that the Parks will be open 
under conditions substantially similar to those in effect for the past 
three years. The above-described harms to the public resulting from a 
procedural delay of this rule should therefore be avoided, and an 
effective date of December 19, 2007, is warranted.
    Drafting Information: The primary authors of this regulation are 
Gary Pollock, Management Assistant, Grand Teton National Park; John 
Sacklin, Management Assistant, Mike Yochim, Outdoor Recreation Planner, 
Denice Swanke, Outdoor Recreation Planner, Yellowstone National Park; 
Jason Waanders, Office of the Solicitor, and Jerry Case, Regulations 
Program

[[Page 70797]]

Manager, National Park Service, Washington, DC.

List of Subjects in 36 CFR Part 7

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


0
For the reasons given in the preamble, 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.

* * * * *
    (l)(1) What is the scope of this regulation? The regulations 
contained in paragraphs (l)(2) through (l)(17) of this section apply to 
the use of snowcoaches and recreational snowmobiles. Except where 
indicated, paragraphs (l)(2) through (l)(17) do not apply to non-
administrative over-snow vehicle use by NPS, contractor, or 
concessioner employees, or other non-recreational users authorized by 
the Superintendent.
    (2) What terms do I need to know? The definitions in this paragraph 
(l)(2) also apply to non-administrative over-snow vehicle use by NPS, 
contractor, or concessioner employees, or other non-recreational users 
authorized by the Superintendent.
    (i) Commercial guide means a guide who operates as a snowmobile or 
snowcoach guide for a fee or compensation and is authorized to operate 
in the park under a concession contract. In this section, ``guide'' 
also means ``commercial guide.''
    (ii) Historic snowcoach means a Bombardier snowcoach manufactured 
in 1983 or earlier. Any other snowcoach is considered a non-historic 
snowcoach.
    (iii) 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 oversnow 
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.
    (iv) 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 must 
comply with all requirements applicable to snowmobiles.
    (v) Snowcoach means a self-propelled mass transit vehicle intended 
for travel on snow, having a curb weight of over 1,000 pounds (450 
kilograms), driven by a track or tracks and steered by skis or tracks, 
and having a capacity of at least 8 passengers. A snowcoach has a 
maximum size of 102 inches wide, plus tracks (not to exceed 110 inches 
overall); a maximum length of 35 feet; and a Gross Vehicle Weight 
Rating (GVWR) not exceeding 25,000 pounds.
    (vi) Snowmobile means a self-propelled vehicle intended for travel 
on snow, with a curb weight of not more than 1,000 pounds (450 kg), 
driven by a track or tracks in contact with the snow, and which may be 
steered by a ski or skis in contact with the snow.
    (vii) 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? 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 under this section. The 
Superintendent may establish additional operating conditions and must 
provide notice of those conditions in accordance with Sec.  1.7(a) of 
this chapter or in the Federal Register.
    (4) May I operate a snowcoach in Yellowstone National Park? (i) 
Beginning with the 2008-2009 winter season snowcoaches may only be 
operated in Yellowstone National Park under a concessions contract. 
Snowcoach operation is subject to the conditions stated in the 
concessions contract and all other conditions identified in this 
section.
    (ii) Beginning in the 2011-2012 season, all snowcoaches (historic 
and non-historic) must meet NPS air emission requirements, which 
functionally means that they must have the same EPA Tier I emissions 
control equipment incorporated into the engine and drive train as would 
the equivalent class (size and weight) of wheeled vehicle. Through the 
winter of 2010-2011, all non-historic snowcoaches must meet NPS air 
emissions requirements, which are the applicable EPA emission standards 
for the vehicle at the time it was manufactured.
    (iii) All critical emission-related exhaust components (as listed 
in 40 CFR 86.004-25(b)(3)(iii) through (v)) must be functioning 
properly. Such critical emissions-related components may only be 
replaced with the original equipment manufacturer (OEM) component, 
where possible. Where OEM parts are not available, aftermarket parts 
may be used if they do not worsen emission and sound characteristics.
    (iv) Modifying or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (v) Beginning in the 2011-2012 season, all snowcoaches must meet a 
sound emissions requirement of no greater than 73 dBA. The 
Superintendent will establish the procedures for determining 
compliance.
    (vi) Individual snowcoaches may be subject to periodic inspections 
to determine compliance with the requirements of paragraphs (l)(4)(ii) 
through (l)(4)(v) of this section.
    (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 years 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 years 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 before the 2004 model year may be 
operated only if they have been shown to the Superintendent 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) must be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent

[[Page 70798]]

procedures may be used for earlier model years.
    (ii) For sound emissions, snowmobiles must operate at or below 73 
dBA as measured at full throttle according 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. The Superintendent may revise these testing procedures 
based on new information and/or updates to the SAE J192 testing 
procedures.
    (iii) Snowmobiles meeting the requirements for air and sound 
emissions may be operated in the park for a period not exceeding 6 
years from the date upon which first certified.
    (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.
    (v) These air and sound emissions requirements do not apply to 
snowmobiles being operated on the Cave Falls Road in Yellowstone.
    (7) Where may I operate my snowmobile in Yellowstone National Park? 
(i) You may 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:
    (A) The Grand Loop Road from its junction with Upper Terrace 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 Fishing Bridge Junction to the East 
Entrance.
    (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, West Thumb, Lake, Fishing Bridge, Canyon, Indian Creek, and 
Norris.
    (M) Firehole Canyon Drive, between noon and 9 p.m. each day.
    (N) North Canyon Rim Drive, between noon and 9 p.m. each day.
    (O) Riverside Drive, between noon and 9 p.m. each day.
    (P) Cave Falls Road.
    (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, 
avalanche conditions, and other factors. Notice of such opening or 
closing will be provided by one or more of the methods listed in Sec.  
1.7(a) of this chapter.
    (iii) This paragraph (l)(7) also applies to non-administrative 
over-snow vehicle 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 be operated on the routes designated for snowmobile use 
in paragraphs (l)(7)(i)(A) through (l)(7)(i)(O) of this section. The 
restricted hours of snowmobile use described in paragraphs (1)(7)(i)(M) 
through (1)(7)(i)(O) do not apply to snowcoaches. Snowcoaches may also 
be operated on the following additional oversnow routes:
    (A) Fountain Flat Road.
    (B) The Grand Loop Road from Canyon Junction to Washburn Hot 
Springs overlook.
    (C) For rubber-tracked snowcoaches only, the Grand Loop Road from 
Upper Terrace Drive to the junction of the Grand Loop Road and North 
Entrance Road, and within the Mammoth Hot Springs developed area.
    (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 of more of the methods 
listed in Sec.  1.7(a) of this chapter.
    (iii) This paragraph (l)(8) 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.
    (iv) The guiding requirements described in this paragraph (l)(9) do 
not apply to snowmobiles being operated on the Cave Falls Road.
    (10) Are there limits established for the number of snowmobiles and 
snowcoaches permitted to operate in the park each day? The number of 
snowmobiles and snowcoaches 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:

             Table.--Daily Snowmobile and Snowcoach Limits*
------------------------------------------------------------------------
                                        Commercially      Commercially
      Park entrance/location**             guided            guided
                                         snowmobiles       snowcoaches
------------------------------------------------------------------------
(i) North Entrance..................             ***20                15
(ii) West Entrance..................               300                37
(iii) South Entrance................               170                10
(iv) East Entrance..................                30                 2
(v) Old Faithful....................             ***20                19
(vi) Cave Falls.....................            ****50                0
------------------------------------------------------------------------
* The numbers of snowmobiles and snowcoaches allocated to a particular
  entrance may be adjusted depending on the results of analysis for
  concessions contracts, not to exceed a parkwide daily total of 540
  snowmobiles and 83 snowcoaches. The snowcoaches allocated to Old
  Faithful are parkwide.

[[Page 70799]]

 
** For the winter of 2007-2008 only, the following snowmobile
  allocations are in effect: West Entrance, 400; South Entrance, 220;
  East Entrance, 40; North Entrance, 30; and Old Faithful, 30. The
  following snowcoach allocations will apply in 2007-2008 only: West
  Entrance, 34; South Entrance, 10; East Entrance, 3; North Entrance,
  13; and Old Faithful, 18.
*** 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 regulation 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 40. For example, the concessionaire could
  operate 20 snowmobiles at Old Faithful and 20 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.
**** These snowmobiles operate on an approximately 1-mile segment of
  road within the park where the use is incidental to other snowmobiling
  activities in the Targhee National Forest. These snowmobiles do not
  need to be guided or meet NPS air and sound emissions requirements.

    (11) When may I operate my snowmobile or snowcoach? The 
Superintendent will determine operating hours and dates. Except for 
emergency situations, any changes to operating hours will be made on an 
annual basis, 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 for 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 used 
where available and accessible. Oversnow vehicles may not be stopped in 
a hazardous location or where the view might be obscured, or operated 
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 a state or province in the United States or Canada, 
respectively.
    (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 (l)(12) also applies to non-administrative 
over-snow vehicle 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 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 (l)(13) also applies to non-administrative 
over-snow vehicle 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 in Yellowstone is subject to 
Sec. Sec.  2.18(a) and (c), but not subject to Sec. Sec.  2.18(b), (d), 
(e), and 2.19(b) of this chapter.
    (ii) This paragraph (l)(14) also applies to non-administrative 
over-snow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users 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 under this section or other NPS regulations.
    (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. Notice will be made in accordance with Sec.  1.7(a) of this 
chapter.
    (iii) Dog sledding and ski-joring are prohibited. Bicycles are not 
allowed on oversnow routes in Yellowstone.
    (16) May I operate a snowplane in Yellowstone National Park? 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 such 
occurrence of non-compliance with these regulations is a separate 
violation.

0
3. Revise Sec.  7.21 to read as follows:


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

    (a)(1) What is the scope of this section? The regulations contained 
in paragraphs (a)(2) through (a)(17) of this section apply to the use 
of snowcoaches and recreational snowmobiles. Except where indicated, 
paragraphs (a)(2) through (a)(17) do not apply to non-administrative 
over-snow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (2) What terms do I need to know? All of the terms in Sec.  
7.13(l)(2) of this part apply to this section. This paragraph also 
applies to non-administrative over-snow vehicle 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? You may operate a 
snowmobile in the Parkway in compliance with use limits, guiding 
requirements, operating hours and dates, equipment, and operating 
conditions established under this section. The Superintendent may 
establish additional operating conditions and will provide notice of 
those conditions in accordance with

[[Page 70800]]

Sec.  1.7(a) of this chapter or in the Federal Register.
    (4) May I operate a snowcoach in the Parkway? (i) Snowcoaches may 
be only operated in the Parkway under a concessions contract. Snowcoach 
operation is subject to the conditions stated in the concessions 
contract and all other conditions identified in this section.
    (ii) Beginning in the 2011-2012 season, all snowcoaches (historic 
and non-historic) must meet NPS air emission requirements, which 
functionally means that they must have the same EPA Tier I emissions 
control equipment incorporated into the engine and drive train as would 
the equivalent class (size and weight) of wheeled vehicle. Through the 
winter of 2010-2011, all non-historic snowcoaches must meet NPS air 
emissions requirements, which 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. Such critical emission-related components may only be 
replaced with the original equipment manufacturer (OEM) component, 
where possible. Where OEM parts are not available, after-market parts 
may be used if they do not worsen emission and sound characteristics.
    (iv) Modifying or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (v) Beginning in the 2011-2012 season, all snowcoaches must meet a 
sound emissions requirement of no greater than 73 dBA. The 
Superintendent will establish the procedures for determining 
compliance.
    (vi) Individual snowcoaches may be subject to periodic inspections 
to determine compliance with the requirements of paragraphs (a)(4)(ii) 
through (a)(4)(v) of this section.
    (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 
Parkway. The Superintendent will approve snowmobile makes, models, and 
years of manufacture that meet those requirements. 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 years 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 before the 2004 model year may be 
operated only if they have been 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) must 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 73 
dBA as measured at full throttle according 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. The Superintendent may revise these testing procedures 
based on new information and/or updates to the SAE J192 testing 
procedures.
    (iii) Snowmobiles meeting the requirements for air and sound 
emissions may be operated in the Parkway for a period not exceeding 6 
years from the date upon which first certified.
    (iv) Beginning with the winter season of 2008-2009, these air and 
sound emissions restrictions do not apply to snowmobiles being operated 
on the Grassy Lake Road. For the winter season of 2007-2008 only, these 
air and sound emissions restrictions do not apply to snowmobiles 
originating in the Targhee National Forest and traveling on the Grassy 
Lake Road to Flagg Ranch. On all other oversnow routes within the 
Parkway, snowmobiles must meet these air and sound emissions 
requirements.
    (v) 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 may I operate my snowmobile in the Parkway? (i) You may 
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:
    (A) The Continental Divide Snowmobile Trail (CDST) along U.S. 
Highway 89/191/287 from the southern boundary of the Parkway north to 
the Snake River Bridge through the winter season of 2007-2008 only.
    (B) Along U.S. Highway 89/191/287 from Flagg Ranch to the northern 
boundary of the Parkway. Through the winter of 2007-2008 only, this 
route also includes the segment from the Snake River Bridge to Flagg 
Ranch.
    (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. The Superintendent will provide notice of such 
opening or closing by one or more of the methods listed in Sec.  1.7(a) 
of this chapter.
    (iii) This paragraph (a)(6) also applies to non-administrative 
over-snow vehicle 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 paragraph (a)(7)(i)(B) and (D) of this section. No 
other routes are open to snowcoach use, except as provided in (ii).
    (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. The 
Superintendent will provide notice of such opening or closing by one or 
more of the methods listed in Sec.  1.7(a) of this chapter.
    (iii) This paragraph (a)(8) 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? (i) All 
recreational snowmobile operators using the oversnow route along U.S. 
Highway 89/191/287 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.

[[Page 70801]]

    (ii) Guided snowmobile parties must travel in a group of no more 
than 11 snowmobiles, including that of the guide.
    (iii) 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 
and snowcoaches permitted to operate in the Parkway each day? The 
number of snowmobiles and snowcoaches 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.--Daily Snowmobile and Snowcoach Entry Limits
------------------------------------------------------------------------
                                                           Commercial
     Park entrance/road segment          Snowmobiles       snowcoaches
------------------------------------------------------------------------
(i) CDST *..........................                 0                 0
(ii) Grassy Lake Road (Flagg-Ashton                 25                 0
 Road) **...........................
(iii) Flagg Ranch to Yellowstone                   170               10
 South Entrance ***.................
------------------------------------------------------------------------
* The Continental Divide Snowmobile Trail lies within both Grand Teton
  and the Parkway. For the winter of 2007-2008 only, a daily entry limit
  of 50 snowmobiles applies to total use on this route in both parks.
** For the winter season of 2007-2008 only, the daily entry limit for
  this route is 50 snowmobiles per day.
*** Commercially guided; during the winter of 2007-2008 only, the daily
  entrance limit is 220 snowmobiles and 10 snowcoaches. The numbers of
  snowmobiles and snowcoaches allocated to the Flagg Ranch to
  Yellowstone South Entrance road segment may be adjusted depending on
  the results of analysis for concessions contracts.

    (11) When may I operate my snowmobile or snowcoach? The 
Superintendent will determine operating hours and dates. Except for 
emergency situations, any changes to operating hours will be made on an 
annual basis 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) Towing 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 used 
where available and accessible. Oversnow vehicles may not be stopped in 
a hazardous location or where the view might be obscured, or operated 
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 
Superintendent will notify the public of any changes through one or 
more methods listed in Sec.  1.7(a) of this chapter.
    (iv) This paragraph (a)(12) also applies to non-administrative 
over-snow vehicle 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 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 (a)(13) also applies to non-administrative 
over-snow vehicle 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 in the Parkway is subject to 
Sec. Sec.  2.18(a), (b), and (c), but not to Sec. Sec.  2.18(d), (e), 
and 2.19(b) of this chapter.
    (ii) This paragraph (a)(14) also applies to non-administrative 
over-snow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users 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 under this section or other NPS regulations.
    (ii) The Superintendent may designate areas of the Parkway as 
closed, reopen such areas, or establish terms and conditions for non-
motorized travel within the Parkway in order to protect visitors, 
employees, or park resources. Notice will be made in accordance with 
Sec.  1.7(a) of this chapter.
    (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.
    (b) [Reserved]

[[Page 70802]]


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 section? The regulations contained 
in paragraphs (g)(2) through (g)(20) of this section are intended to 
apply to the use of snowcoaches and recreational snowmobiles. Except 
where indicated, paragraphs (g)(2) through (g)(20) do not apply to non-
administrative over-snow vehicle use by NPS, contractor, or 
concessioner employees, 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 (g)(2) also applies 
to non-administrative over-snow vehicle use by NPS, contractor, or 
concessioner employees, or other non-recreational users authorized by 
the Superintendent.
    (3) May I operate a snowmobile in Grand Teton National Park? You 
may operate a snowmobile in Grand Teton National Park in compliance 
with use limits, operating hours and dates, equipment, and operating 
conditions established under 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.
    (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 
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 
years 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 years of manufacture for use in Grand Teton National 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 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 before 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) must 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 73 
dBA as measured at full throttle according 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. The Superintendent may revise these testing procedures 
based on new information and/or updates to the SAE J192 testing 
procedures.
    (iii) Snowmobiles meeting the requirements for air and sound 
emissions may be operated in the park for a period not exceeding 6 
years from the date upon which first certified, except that snowmobiles 
being operated on Jackson Lake may continue to be operated up to 10 
years, provided that these snowmobiles' mileage does not exceed 6,000 
miles.
    (iv) Snowmobiles will be exempt from these air and sound emissions 
requirements while in use to access lands authorized by paragraphs 
(g)(16) and (g)(18) of this section.
    (v) 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 may I operate my snowmobile in the park? (i) You may 
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:
    (A) The frozen water surface of Jackson Lake for the purposes of 
ice fishing only. Those persons accessing Jackson Lake for ice fishing 
must be licensed or otherwise permitted to fish in Wyoming and possess 
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 (CDST) from the Moran 
Entrance Station to the north boundary of the park for the winter 
season of 2007-2008 only.
    (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 uses on Jackson Lake, after taking into 
consideration the location of wintering wildlife, appropriate snow 
cover, public safety and other factors. The Superintendent will provide 
notice of such opening or closing by one or more of the methods listed 
in Sec.  1.7(a) of this chapter.
    (iii) This paragraph (g)(7) also applies to non-administrative 
over-snow vehicle 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 number of snowmobiles 
permitted to operate in the park each day? The number of snowmobiles 
allowed to operate in the park each day is limited to a certain number 
per road segment or location. The snowmobile limits are listed in the 
following table:

                     Table.--Daily Snowmobile Limits
------------------------------------------------------------------------
                                                         Total number of
                 Road segment/location                     snowmobiles
------------------------------------------------------------------------
(i) GTNP and the Parkway--Total Use on CDST *.........                 0
(ii) Jackson Lake.....................................               40
------------------------------------------------------------------------
* The Continental Divide Snowmobile Trail lies within both GTNP and the
  Parkway. For the winter season of 2007-2008 only, a daily limit of 50
  snowmobiles will be in effect. The limits established here do not
  apply to the portion of the CDST described in paragraph (g)(16)(iii)
  of this section.


[[Page 70803]]

    (10) When may I operate my snowmobile? The Superintendent will 
determine operating hours and dates. Except for emergency situations, 
any changes to operating hours or dates will be made on an annual 
basis, 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 used 
where available and accessible. Oversnow vehicles may not be stopped in 
a hazardous location or where the view might be obscured, or operated 
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 
Superintendent will notify the public of any changes through one or 
more methods listed in Sec.  1.7(a) of this chapter.
    (iv) This paragraph (g)(11) also applies to non-administrative 
over-snow vehicle 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 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 
snowcoach 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 (g)(12) also applies to non-administrative 
over-snow vehicle 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 subject to 
Sec. Sec.  2.18(a), (b), and (c), but not subject to Sec.  2.18(d) and 
(e) and Sec.  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 under this section or other NPS regulations.
    (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 the designated routes 
through the park identified in (i)-(iv) below. Requirements established 
in this section related to air and sound emissions, daily entry limits, 
snowmobile operator age, guiding, and licensing do not apply on these 
oversnow routes. Only the following routes 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 (CDST) along U.S. 26/
287 from the east park boundary to a point approximately 2 miles east 
of Moran Junction. If necessary for the proper administration of 
visitor use and resource protection, the Superintendent may extend this 
designated route to the Moran Entrance Station.
    (iv) The Superintendent may designate additional routes if 
necessary to provide access to other adjacent public lands.
    (17) For what purpose may I use the routes designated in paragraph 
(g)(16) of this section? You may only use those routes designated in 
paragraph (g)(16) of this section 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? The Superintendent may establish reasonable 
and direct snowmobile access routes to the 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 private properties within 
or adjacent to the park:
    (i) The unplowed portion of Antelope Flats Road off U.S. 26/89/191 
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 property commonly referred 
to as the ``Halpin Property.''
    (v) From Highway 26/89/191 to those lands commonly referred to as 
the ``Meadows'', the ``Circle EW Ranch'', the ``Moulton Property'', the 
``Levinson Property'' and the ``West Property.''
    (vi) From Cunningham Cabin pullout on U.S. 26/89/191 near Triangle 
X to the piece of land commonly referred to as the ``Lost Creek 
Ranch.''
    (vii) The Superintendent may designate additional routes if 
necessary

[[Page 70804]]

to provide reasonable access to inholdings or adjacent private 
property.
    (viii) 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? The 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: December 10, 2007.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E7-24175 Filed 12-12-07; 8:45 am]
BILLING CODE 4312-CT-P