[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Proposed Rules]
[Pages 65784-65804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26447]



[[Page 65784]]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD73


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior

ACTION: Proposed rule.

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SUMMARY: The National Park Service is proposing this rule to manage 
winter visitation and recreational use in Yellowstone National Park for 
an interim period of three winter seasons commencing with the 2008-2009 
season. The proposed rule would also establish the framework for the 
long-term management of winter use in Grand Teton National Park and the 
John D. Rockefeller, Jr., Memorial Parkway. This proposed rule would 
require that most recreational snowmobiles and snowcoaches operating in 
the parks meet certain air and sound requirements, and that 
snowmobilers in Yellowstone be accompanied by a commercial guide. It 
also proposes daily entry limits on the numbers of snowmobiles and 
snowcoaches that may enter the parks. Traveling off designated oversnow 
routes will remain prohibited.

DATES: Comments must be received by November 20, 2008.

ADDRESSES: You may submit your comments, identified by Regulatory 
Information Number 1024-AD73 (RIN), by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Yellowstone National Park, Winter Use Proposed Rule, 
P.O. Box 168, Yellowstone NP, WY 82190
     Hand Deliver to: Management Assistant's Office, 
Headquarters Building, Mammoth Hot Springs, Yellowstone National Park, 
Wyoming.
    All submissions received must include the agency name and RIN. For 
additional information see ``Public Participation'' under SUPPLEMENTARY 
INFORMATION below.

FOR FURTHER INFORMATION CONTACT: John Sacklin, Management Assistant's 
Office, Headquarters Building, Yellowstone National Park, 307-344-2019 
or at the address listed in the ADDRESSES section.

SUPPLEMENTARY INFORMATION:

Background

    The National Park Service (NPS) has been managing winter use issues 
in Yellowstone National Park (YNP), Grand Teton National Park (GTNP), 
and the John D. Rockefeller, Jr., Memorial Parkway (the Parkway) for 
several decades under the guidance provided by a number of sources. The 
history of the issue has been discussed at length in previous notices, 
most recently at 72 FR 70781 (Dec. 13, 2007) and in the 2008 Winter Use 
Plans Environmental Assessment (2008 EA).
    In 2003-2004, the U.S. District Courts for the District of Columbia 
and the District of Wyoming vacated the prior winter use plans and 
implemented special regulations that had been promulgated in 2003 and 
in 2000-01, respectively. Subsequently, the NPS prepared a Temporary 
Winter Use Plans Environmental Assessment in 2004. The 2004 Plan was 
intended to provide a framework for managing winter use in the parks 
for a period of three years, and was approved in November 2004 with a 
``Finding of No Significant Impact'' (FONSI). A final rule was 
published in the Federal Register implementing the 2004 Plan beginning 
with the 2004-2005 winter season (69 FR 65360). Its provisions imposed 
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 Best Available Technology (BAT) requirements 
(hereinafter referred to as air and sound emissions requirements) for 
reducing noise and air pollution (with limited exceptions at Grand 
Teton and the Parkway). With these limits and requirements, the NPS did 
not find impairment to park resources and values in its 2004 decision 
and did not evaluate impairment at higher levels.
    The 2004 rule provided the framework for management of winter use 
in the Parks from December 2004 through the winter season of 2006-2007, 
during which time the NPS prepared a long-term winter use plan and EIS 
for the parks.
    Several litigants filed lawsuits challenging the 2004 Plan in both 
the District Court in Wyoming and the District Court in the District of 
Columbia. In October 2005, the Wyoming District Court upheld the 
validity of the 2004 winter use rule in The Wyoming Lodging and 
Restaurant Association v. U.S. Department of the Interior. Congress on 
three occasions included language in appropriations legislation for the 
Department of the Interior requiring that the 2004 winter use rules 
remain in effect for the winter seasons of 2004-2005, 2005-2006, and 
2006-2007. As a result of the legislative actions, on September 24, 
2007, the DC District Court dismissed as moot the pending claims 
against the 2004 Plan.
    Scoping for the new long-term plan began in June 2005, a Draft 
Environmental Impact Statement was released in March 2007, and a 
proposed rule reflecting the preferred alternative in the DEIS was 
published in May 2007. A Final Environmental Impact Statement was 
released in September 2007, and a Record of Decision was signed in 
November 2007 (later amended on July 16, 2008). The Final Rule 
implementing the decision was published in the Federal Register on 
December 13, 2007 (72 FR 70781).
    The decision provided a framework for long-term management of 
winter use in the Parks that was similar in many ways to that which 
occurred under the 2004 Plan, although with lower daily snowmobile 
entry limits for Yellowstone. A maximum daily limit of 540 snowmobiles 
meeting air and sound emission requirements was mandated for 
Yellowstone, along with a requirement that all snowmobilers must be 
accompanied by a commercial guide. A limit of 83 snowcoaches per day 
was established, with air and sound emission requirements implemented 
by the winter season of 2011-2012. For Grand Teton and the Parkway, the 
decision imposed a limit of 40 snowmobiles on Jackson Lake in order to 
provide ice fishing access, and 25 snowmobiles on the Grassy Lake Road 
in order to provide access to and from the adjoining Targhee National 
Forest. While these limits were well within the range of discretion for 
the agency to adopt, these limits again did not reflect any legal 
``cap'' on any future limits adopted by the agency. In order to provide 
continuity during the transition from the 2004 Plan, the first season 
under the 2007 Plan was managed in virtually the same way as had been 
in effect under the 2004 Plan.
    Shortly after the NPS published the 2007 Final Rule, the National 
Parks Conservation Association, Greater Yellowstone Coalition, and 
several other environmental groups filed lawsuits in the U.S. District 
Court for the District of Columbia. The plaintiffs challenged the 
adequacy of the analysis supporting the decision, and alleged that the 
NPS had violated the 1916 Organic Act and other laws, policies, and 
regulations governing management of the Parks. In particular, the 
plaintiffs argued that a daily limit of 540 snowmobiles in Yellowstone 
would cause irreparable harm and that snowmobiles should be eliminated 
in favor of snowcoach-only access to the park.

[[Page 65785]]

    Concurrently, the State of Wyoming and others filed lawsuits in the 
U.S. District Court for the District of Wyoming, also challenging the 
2007 FEIS, ROD, and Final Rule. The plaintiffs in the Wyoming District 
Court challenged the decision regarding the requirements for commercial 
guiding, and argued that the NPS Organic Act compels the NPS to allow 
at least 720 snowmobiles per day in Yellowstone. The plaintiffs also 
challenged the decision to use full-forecasting only for the management 
of Sylvan Pass.
    In accordance with the 2007 Record of Decision, the NPS met with 
the community of Cody and the State of Wyoming to further explore 
options for management of Sylvan Pass. Those discussions resulted in an 
agreement in June 2008, and a ROD amendment on July 16, 2008, calling 
for use of forecasting and helicopter and howitzer-dispensed explosives 
to manage avalanche danger at Sylvan Pass. The pass would also be open 
for a limited, core season.
    On September 15, 2008, the DC District Court issued a decision 
granting summary judgment for the plaintiffs and ordered the 2007 Final 
Rule, ROD, and FEIS to be vacated and remanded to the NPS for further 
proceedings consistent with the Court's opinion. The DC District Court 
order is not final, and the decision whether to appeal that order is 
currently under consideration. Although litigation is still pending in 
the Wyoming District Court, the vacatur by the DC Court, if it becomes 
final, would result in the 2004 Rule being reinstated since it was the 
rule in effect that was replaced by the 2007 Rule. The 2004 Rule did 
not have an expiration date, though it has often been referred to as 
the ``temporary rule.'' The intent of the NPS was that it would be 
superseded after 3 years by a long-term rule. The 2004 Rule had 10 
specific provisions within it that actually authorized the use of 
snowmobiles and snowcoaches in the Parks, but only through the winter 
of 2006-2007. Thus, while the 2004 Rule is currently in effect as a 
result of the vacatur and remand, it provides no authority to operate 
either snowmobiles or snowcoaches in the Parks. As a result of the 
terms of the 2004 rule, the NPS does not have the administrative 
authority after 2007 to amend the rule or otherwise authorize the use 
of either snowmobiles or snowcoaches except through another rulemaking 
process.
    In light of the significant disruption that would be caused to 
persons planning to visit the Parks this winter, and to communities and 
businesses that would be severely affected, the NPS has determined that 
in order to restore the authority to allow oversnow vehicle use of the 
Parks, a new Interim Winter Use Plan supported by an environmental 
assessment is required. The parks' Congressional delegation, as well as 
others, requested the NPS administratively address provision of 
motorized winter use. This proposed rule is based on the preferred 
alternative identified in the 2008 Winter Use Plans Environmental 
Assessment that is concurrently available for public review and 
comment. If promulgated, this rule would govern winter use in 
Yellowstone from 2008-2011 and would provide long term direction for 
Grand Teton and the Parkway. During this time, NPS will determine a 
long-range strategy for Yellowstone winter use.

Park Resource Issues

    The Environmental Assessment supporting this proposed rule analyzes 
the environmental impacts of two alternatives for the management of 
winter use in the parks. The major issues analyzed in the EA include 
social and economic issues, human health and safety, wildlife, air 
quality, natural soundscape, visitor use and access, and visitor 
experience. The impacts associated with each of the alternatives are 
detailed in the EA and are available at the following site: http://parkplanning.nps.gov. Additional information is available online at: 
http://www.nps.gov/yell/planyourvisit/winteruse.htm and http://www.nps.gov/grte.

Impairment and Conservation of Park Resources and Values

    In addition to determining the environmental consequences of the 
alternatives, NPS policy requires analysis of potential effects to 
determine whether actions would impair park resources. In managing 
National Park System units, the NPS may undertake actions that have 
both beneficial and adverse impacts on park resources and values. As 
NPS Management Policies explain (1.4.7.1), ``Virtually every form of 
human activity that takes place within a park has some degree of effect 
on park resources or values, but that does not mean the impact is 
unacceptable or that the particular use must be disallowed.'' 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 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 or values. The responsible NPS manager 
generally has significant discretion to determine what impacts are 
allowed that would not impair park resources.
    The NPS is also required to conserve the resources and values of 
the National Park System units and to prioritize the conservation of 
park resources over their use whenever the two are found to be in 
conflict. The NPS complies with this mandate by ensuring that a 
proposed use of the parks will not result in unacceptable impacts to 
park resources and values, and by further allowing impacts to park 
resources only when allowing the impacts is appropriate to fulfill the 
purposes of the park and necessary (meaning that the impacts are 
unavoidable and incapable of further mitigation in light of the 
authorized appropriate use).
    The 2001 Rule recognized that, ``achieving compliance with the 
applicable legal requirements while still allowing snowmobile use would 
require very strict limits on the numbers of both snowmobiles and 
snowcoaches.'' Thus, it recognized that some snowmobile and snowcoach 
use could possibly be accommodated in the parks through appropriate 
management actions without resulting in impairment of park resources 
and values. The 2003 SEIS, 2004 EA, and 2007 EIS reinforced these 
conclusions.
    Over the last four winter seasons, the parks were intensively 
managed in order to provide a heightened protection to the environment 
and prevent the impairment of park resources and values. The 2004 plan 
guided the first three seasons, while the 2007 plan guided the 2007-
2008 season under essentially the same rules. Thus, even though two 
separate and distinct rules governed winter use of the Parks during 
this 4-year period, for brevity that period of time will simply be 
referred to hereinafter as being guided by the ``2004 plan.''
    During this time, the cumulative number of snowmobiles entering the 
parks was much less than the number under the allowable daily limits. 
In Yellowstone, use averaged somewhat less than 300 snowmobiles per 
day, with a peak of 557, well under the daily limit of 720. Actual 
numbers in Grand Teton and the Parkway were only a small fraction of 
what was allowed, and therefore only a fraction of what the park 
managers had determined to be well within the legally permissible 
impact.
    During this 4-year period, there were strict requirements on 
snowmobiles and snowcoaches, along with a comprehensive monitoring 
program. Monitoring efforts focused on air

[[Page 65786]]

quality, natural soundscapes, wildlife, employee health and safety, and 
visitor experience. Daily entry limits were established that 
represented use levels slightly below the historic average numbers of 
snowmobiles entering Yellowstone, thereby eliminating the much higher 
peak use days experienced in the past. The reduced numbers of 
snowmobiles contributed to fewer conflicts with wildlife, fewer air and 
noise emissions, and improved road conditions. Limits on the numbers of 
snowmobiles also provided park managers with more predictable winter 
use patterns and an assurance that use could not increase.
    Under the 2004 plan, all snowmobilers entering Yellowstone were 
accompanied by a commercial guide. This requirement reduced conflicts 
with wildlife along roadways because guides are trained to lead 
visitors safely around the park with minimal disturbance to wildlife. 
Commercial guides must also have control over their clientele, which 
greatly reduces unsafe and illegal snowmobile use. In this way, guides 
ensure that park regulations are observed and provide a safer 
experience for visitors. The requirement that all snowmobilers travel 
with commercial guides also benefits natural soundscapes, since 
commercially guided parties tend to travel in relatively large groups, 
resulting in longer periods when snowmobile sound is not audible.
    Finally, the 2004 plan required that all recreational snowmobiles 
entering the parks meet NPS air and sound emissions requirements. This 
condition, along with air emissions requirements for snowcoaches, 
ensured that the vast majority of recreational over-snow vehicles 
operating in the parks employed up-to-date emissions control equipment, 
and has resulted in improvements in air quality and natural 
soundscapes.
    This proposed rule is based on Alternative 2 of the 2008 EA which, 
while imposing a daily limit of only 318 snowmobile entries for 
Yellowstone, is similar in all other significant respects to the 2004 
plan. To be sure, the NPS continues to believe that it could legally 
permit significantly higher levels of snowmobiles within the park. The 
2008 EA, however, was prepared in part as a matter of comity in light 
of the DC District Court decision vacating the 2007 rule, even though 
that decision is not yet final. For this reason, and for the reasons 
described further in the EA supporting this proposed rule, the NPS 
believes implementation of Alternative 2 is far below any limit that 
would result in the impairment of park resources and values.
    The NPS has also determined that implementation of Alternative 2 
and the proposed rule would not result in unacceptable impacts to park 
resources or values. As disclosed in the EA, the adverse impacts to 
wildlife would be negligible to minor, due to moderate levels of 
visitor use (with possible moderate effects on swans and eagles). 
Guiding would minimize most such effects. For soundscapes, the adverse 
impacts would be negligible to moderate for Yellowstone due to 
audibility and maximum sound levels, and minor for Grand Teton and the 
Parkway. Air quality impacts in all three parks are forecast to be 
negligible because the air and sound emissions requirements and strict 
daily entry limits will restrict emissions. Impacts on visitor and 
employee health and safety in Yellowstone are expected to be moderately 
adverse due to possible high snowmobile noise exposure levels and 
avalanche danger at Sylvan Pass, but mitigated in several ways. In 
Grand Teton, risk levels would be expected to be less, so the adverse 
effects there are predicted to be minor. As described in the EA, the 
NPS's threshold for considering whether there could be an impairment is 
based on major (or significant) effects. The EA identified less than 
major effects on wildlife, natural soundscapes, and air quality for 
Alternative 2. Indeed, the NPS has not determined that any snowmobile 
use over the past 4 years--which included daily usage at times nearly 
double the daily limit now adopted--imposed any impairment of park 
resources. Guided by this analysis and the superintendents' 
professional judgment, there would be no impairment of park resources 
and values from implementation of the proposed rule.
    Finally, the NPS has determined that the impacts associated with 
the proposed oversnow vehicle use, and which are described at length in 
the EA, are both appropriate and necessary to fulfill the purposes of 
the park.
    Section 1.5 of Management Policies (2006), ``Appropriate Use of the 
Parks,'' directs that the National Park Service must ensure that park 
uses that are allowed would not cause impairment of, or unacceptable 
impacts on, park resources and values. A new form of park use may be 
allowed within a park only after a determination has been made in the 
professional judgment of the park manager that it will not result in 
unacceptable impacts. In addition, section 8.1.2 of the Management 
Policies (2006), ``Process for Determining Appropriate Uses,'' directs 
the Service to evaluate the proposed use's consistency with applicable 
laws, executive orders, regulations, and policies; consistency with 
existing plans for public use and resource management; actual and 
potential effects on park resources and values; total costs to the 
Service; and whether the public interest will be served. Finally, 
section 1.5 of the Management Policies directs park superintendents to 
continually monitor all park uses to prevent unanticipated and 
unacceptable impacts. If unanticipated and unacceptable impacts occur, 
section 1.5 directs the superintendent to engage in a thoughtful 
deliberative process to further manage or constrain the use, or 
discontinue it.
    The EA supporting this proposed rule contains the above-described 
evaluation of the proposed oversnow vehicle use. In addition, the EA 
demonstrates that no unacceptable impacts are anticipated as a result 
of the proposed use. Finally, the preferred alternative in the EA 
establishes a comprehensive monitoring and adaptive management plan to 
ensure that no unanticipated or unacceptable impacts will occur. On 
this basis, the NPS has determined that the proposed oversnow vehicle 
use is appropriate to fulfill the purposes of the park.
    The NPS has also determined that the proposed oversnow use is 
necessary to fulfill the purposes of the park. Section 8.2 of 
Management Policies confirms that enjoyment of park resources and 
values by the people of the United States is one of the fundamental 
purposes of all parks. That Section further states: ``To provide for 
enjoyment of the parks, the National Park Service will encourage 
visitor use activities that are appropriate to the purpose for which 
the park was established, and are inspirational, educational, or 
healthful, and otherwise appropriate to the park environment; and will 
foster an understanding of and appreciation for park resources and 
values, or will promote enjoyment through a direct association with, 
interaction with, or relation to park resources; and can be sustained 
without causing unacceptable impacts to park resources and values.''
    As explained in the EA, oversnow vehicular winter use of 
Yellowstone National Park has been occurring since 1949, and 
snowmobiles have been used for 45 of the park's 136 years. Distances 
between attractions at Yellowstone are great, and some form of 
vehicular access is needed to access various destination areas. 
Snowmobiles and snowcoaches are used for this purpose in the winter 
just as private vehicles and buses are

[[Page 65787]]

used in the summer. Finally, snowmobiles and snowcoaches each provide 
very different experiences, in that they provide varying levels of 
direct interaction with the Park's resources and values.

Description of the Proposed Rule

    The proposed regulations are similar in many respects to the plans 
and rules that have been in effect the last four winter seasons. Thus, 
many of the regulations regarding operating conditions, designated 
routes, and restricted hours of operation have been in effect and 
enforced by the NPS for several years under the authority of 36 CFR 
Part 7 or 36 CFR 1.5. One notable difference, however, is that the 
number of snowmobiles allowed to enter Yellowstone each day has been 
reduced to 318. As noted above, the NPS does not consider this number 
to be the maximum number of snowmobiles that may be permitted within 
the Park consistent with the Management Policies, and instead has 
chosen this number to be unquestionably within both the NEPA standard 
for significance and the NPS standards for impairment. In addition, 
certain changes have been made to the routes that are designated for 
snowmobile use in Grand Teton and the Parkway, as well as changes to 
the daily entry limits in those parks.
    The NPS has found that the interim regulations that have been in 
effect for the past four winter seasons have resulted in quieter 
conditions, clean air, fewer wildlife impacts, and much improved 
visitor safety and experiences. The NPS has further concluded that OSV 
use authorized by the interim regulations did not cause unacceptable 
impacts or impairment to park resources and values. The NPS believes 
that these proposed regulations will continue to produce similar 
results and that these results will not cause impairment of park 
resources.

Monitoring

    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 under the 2008 Plan. Selected areas of the parks, including 
sections of roads, will be closed to visitor use if these studies and 
monitoring indicate that human presence or activities have a 
substantial effect on wildlife or other park resources that cannot 
otherwise be mitigated. A one-year notice will be provided before any 
such closure would be implemented unless immediate closure is deemed 
necessary to avoid impairment of park resources. The superintendent 
will continue to have the authority under 36 CFR 1.5 to take emergency 
actions to protect park resources or values.

Air and Sound Emissions Requirements

    To mitigate impacts to air quality and the natural soundscape, the 
NPS is proposing to continue the requirement that all recreational 
snowmobiles meet air and sound emission restrictions to operate in the 
parks, with limited exceptions. For air emissions restrictions, the 
requirement means that 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 73dB(A) as 
measured at full throttle according to Society of Automotive Engineers 
J192 test procedures (revised 1985). The superintendent will maintain a 
list of approved snowmobile makes, models, and year of manufacture that 
meet the NPS requirements. For the winter of 2007-2008, the NPS 
certified 47 different snowmobile models (from various manufacturers; 
model years 2002-2008) as meeting the requirements. Generally, each 
snowmobile model will be approved for entry into the parks for 6 winter 
seasons after it is first listed (for example, for the 2008-2009 winter 
season, 2002 model year snowmobiles would no longer be certified). 
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. This length of time is consistent with the 
deterioration factors used in EPA's regulations pertaining to 
snowmobiles. 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.
    To comply with the air emissions restrictions, the NPS proposes to 
continue 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 and 120 g/kW-hr 
for carbon monoxide. Snowmobiles must be tested on a five-mode engine 
dynamometer, consistent with the test procedures specified by EPA (40 
CFR 1051 and 1065). Other test methods could be approved by the NPS.
    The NPS proposes to retain the use of the FEL method for 
demonstrating compliance with the air emissions requirements because it 
has several advantages. First, use of FEL will ensure that all 
individual snowmobiles entering the parks achieve our emissions 
requirements, unless modified or damaged (under this proposed 
regulation, snowmobiles which are modified in such a way as to increase 
air or sound emissions will not be in compliance with the NPS 
requirements and therefore not permitted to enter the parks). Use of 
FEL will also represent the least amount of administrative burden on 
the snowmobile manufacturers to demonstrate compliance with NPS 
requirements because FEL data are already provided to EPA by the 
manufacturers. 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, 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 our emissions requirements are consistent with these labels 
and the use of FEL will avoid potential confusion for consumers.
    To determine compliance with the NPS sound emission restrictions, 
snowmobiles must be tested using SAE J192 (revised 1985) test 
procedures. The NPS recognizes that the SAE updated these test 
procedures in 2003; however, the changes between the 2003 and 1985 test 
procedures could alter the measurement results. The requirement was 
initially established using 1985 test

[[Page 65788]]

procedures (in addition to information provided by industry and 
modeling). Therefore, to be consistent with our requirements, we will 
continue to use the 1985 test. We also understand that an update to the 
2003 J192 procedures may be underway. We are interested in 
transitioning to the newer J192 test procedures, and we will continue 
to evaluate this issue after these regulations are implemented. Other 
test methods could be approved by NPS on a case-by-case basis.
    The NPS requirement for sound was established by reviewing 
individual machine results from side-by-side testing performed by the 
NPS contractor, Harris Miller Miller & Hanson Inc. (HMMH) and the State 
of Wyoming's contractor, Jackson Hole Scientific Investigations (JHSI). 
Six four-stroke snowmobiles were tested for sound emissions. These 
emission reports independently concluded that all the snowmobiles 
tested between 69.6 and 77.0 dB(A) using the J192 protocol. On average, 
the HMMH and JHSI studies measured four-strokes at 73.1 and 72.8 dB(A) 
at full throttle, respectively. The SAE J192 (revised 1985) test also 
allows for a tolerance of 2 dB(A) over the sound limit to account for 
variations in weather, snow conditions, and other factors.
    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 
emissions requirement. This reduced barometric pressure allowance is 
necessary since snowmobiles were tested at the high elevation of 
Yellowstone National Park, where atmospheric pressure is lower than the 
SAE J192's requirements due to the park's elevation. Testing data 
indicate that snowmobiles test quieter at high elevation, and therefore 
may be able to pass our requirements at higher elevations but fail when 
tests are conducted near sea level.
    NPS will annually publish a list of snowmobile makes, models, and 
year of manufacture that meet the NPS requirements. Snowmobile 
manufacturers may demonstrate that snowmobiles are compliant with the 
air emissions requirements by submitting a copy of their application 
used to demonstrate compliance with EPA's general snowmobile regulation 
to the NPS (indicating FEL). We will accept this application 
information from manufacturers in support of conditionally certifying a 
snowmobile as meeting NPS requirements, pending review and 
certification by EPA at the same emissions levels identified in the 
application. Should EPA certify the snowmobile at a level that would no 
longer meet NPS requirements, this snowmobile would no longer be 
considered to be compliant and would be phased out according to a 
schedule determined by the NPS to be appropriate. For sound emissions, 
snowmobile manufacturers could 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 rely on certified air and sound emissions data from the private 
sector rather than establish its own independent testing program. When 
certifying snowmobiles as meeting NPS requirements, the NPS will 
announce how long the certification applies. Generally, each snowmobile 
model would be approved for entry into the parks for six winter seasons 
after it was first listed. Based on NPS experience, six years 
represents the typical useful life of a snowmobile, and thus six years 
provides purchasers with a reasonable length of time where operation is 
allowed once a particular model is listed as being compliant.
    Individual snowmobiles modified in such a way as to increase sound 
and air emissions of HC and CO beyond the proposed emission 
restrictions would be denied entry to the parks. It would be the 
responsibility of the end users and guides and outfitters to ensure 
that their oversnow vehicles, whether snowmobiles or snowcoaches, 
comply with all applicable restrictions. Emission and sound 
requirements for snowcoaches are described below. The requirement in 
Yellowstone that all snowmobilers travel with commercial guides will 
assist NPS in enforcing the 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 NPS-
approved snowmobiles. 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.
    All commercially guided recreational snowmobiles operating within 
Yellowstone would be required to meet the NPS air and sound emissions 
requirements. Snowmobiles being operated on the Cave Falls road, which 
extends approximately one mile into the park from the adjacent national 
forest, would be exempt from the requirements. In Grand Teton and the 
Parkway, all recreational snowmobiles operating on Jackson Lake must 
meet the air and sound emissions requirements; however, snowmobiles 
being operated on the Grassy Lake Road would not be required to meet 
them. Use of the Grassy Lake Road is predominantly to provide access to 
the adjoining Targhee National Forest, where such requirements are not 
in effect, and is similar to other routes that the NPS designates to 
provide snowmobile access to adjacent public lands without such 
restrictions. Any commercially guided snowmobiles authorized to operate 
in the Parkway or Grand Teton will be required to meet NPS air and 
sound emissions requirements.
    The University of Denver conducted winter emissions measurements in 
YNP that involved the collection of emissions data from in-use 
snowcoaches and snowmobiles in February 2005 and February 2006. Results 
from that work indicate that while most snowcoaches have lower 
emissions per person than two-stroke snowmobiles, the snowcoach fleet 
could be modernized to reduce carbon monoxide (CO) and hydrocarbon (HC) 
emissions. This work also supports snowmobile air emissions 
requirements and the development of snowcoach air emission 
requirements.
    Under concessions contracts issued in 2003, 78 snowcoaches are 
currently authorized to operate in Yellowstone. 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 2007-2008, an 
average of 35 snowcoaches entered Yellowstone each day.
    In comparison with four-stroke snowmobiles, snowcoaches operating 
within EPA's Tier 1 standards are cleaner, especially given their 
ability to carry up to seven times more passengers (Lela and White 
2002). In 2004, EPA began phasing-in Tier 2 emissions standards for 
multi-passenger vans, and they will be fully phased-in by 2009.

[[Page 65789]]

Tier 2 standards will require that vehicles be even cleaner than Tier 
1, and full emission controls will function more of the time.
    During the duration of this temporary plan, all non-historic 
snowcoaches must meet air emission requirements, which will be the EPA 
emissions standards in effect when the vehicle was manufactured. This 
will be enforced by ensuring that all critical emission-related exhaust 
components are functioning properly. Malfunctioning critical emissions-
related components must be replaced with the original equipment 
manufacturer (OEM) component where possible. If OEM parts are not 
available, aftermarket parts may be used. In general, catalysts that 
have exceeded their useful life must be replaced unless the operator 
can demonstrate the catalyst is functioning properly. Modifying or 
disabling a snowcoach's original pollution control equipment is 
prohibited except for maintenance purposes. Individual snowcoaches may 
be subject to periodic inspections to determine compliance with 
emission and sound requirements.
    However, during the duration of this plan, the NPS will encourage 
snowcoach operators to replace or retrofit their coaches with models 
that meet higher emission standards. In the 2007 FEIS, the NPS 
anticipated that snowcoach air and sound emission requirements would go 
into effect in 2011-2012, after the duration of this temporary plan. 
Thus these recommendations will assist snowcoach operators anticipating 
future possible requirements.
    During these intervening years, the NPS will recommend that diesel 
vehicles with a Gross Vehicle Weight Rating (GVWR) of 8,500 pounds or 
more meet, at a minimum, the EPA 2004 ``engine configuration 
certified'' diesel air emission standards. The NPS will further 
recommend that diesel vehicles meet the 2007 ``engine configuration 
certified'' air emission standard. If a new vehicle is being purchased, 
the NPS recommends that operators confirm that the vehicle has, at a 
minimum, an engine that meets the 2004 standard. If it is the 
operators' intention to purchase a vehicle with the newest diesel 
emission technology, the NPS recommends that the vehicle has a ``2007 
standard'' engine. If a diesel engine is being purchased for retrofit 
into an existing vehicle, the above recommendations apply. If the 
diesel vehicle has a GVWR between 8,500 and 10,000 pounds, there may be 
a configuration that meets the EPA light duty Tier II standards, which 
would achieve the best results from an emissions perspective.
    For air emissions from gasoline vehicle air emissions, the NPS will 
recommend the vehicles engine meet EPA Tier 1 emission requirements. 
The NPS will further recommend that gasoline vehicles meeting EPA Tier 
II requirements be used. If a new vehicle is being purchased, the NPS 
will recommend the vehicle has, at a minimum, an engine that meets the 
Tier I requirements, or more ideally, the vehicle will meet Tier II 
requirements. If an existing gasoline engine and exhaust system is 
being retrofitted, the vehicle should have, at a minimum, a computer 
controlled, port-fuel injected engine and a catalytic converter in the 
exhaust system. Regarding the sound emission recommendations, the NPS 
will recommend that new and retrofitted snowcoaches not exceed 73 dBA 
when measured by operating the coach at or near full throttle for the 
test cycle. Thus a coach might be traveling at a speed of 25-30 miles 
per hour for the pass-by test to determine if the vehicle produces no 
more than 73 dBA.
    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 Sec. 310 of the 
Clean Air Act.
    Since 2001, Yellowstone and Grand Teton National Parks have been 
converting their own administrative fleet of snowmobiles to four-stroke 
machines. These machines have proven successful in use throughout the 
parks. NPS now uses these snowmobiles for most administrative uses. 
However, 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 air and sound emissions requirements. In 
these limited cases, NPS may use snowmobiles that do not meet the 
requirements proposed in this rule.
    The emission and sound limit requirements for snowmobiles (and the 
gradual implementation of those requirements for snowcoaches) would 
result in low levels of air pollution within the parks in the winter, 
as evidenced by the past four years of air quality monitoring results 
that indicate excellent air quality. Similarly, soundscapes monitoring 
indicates that sound from recreational oversnow vehicles are well 
within acceptable ranges. Therefore the air and sound emissions that 
would occur would not constitute unacceptable impacts or impairment, 
nor would they be inconsistent with the NPS mandate to conserve park 
resources.

Use of Commercial Guides

    To mitigate impacts to natural soundscapes and wildlife, and for 
visitor and employee safety, the NPS is again proposing that all 
recreational snowmobiles operated in YNP 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 over-snow vehicles are audible. Commercial 
guides are educated in safety and are knowledgeable about park rules. 
Commercial guides are required to exercise reasonable control over 
their clientele, which has proven to greatly reduce unsafe and illegal 
snowmobile use. Commercial guiding 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, perform guiding 
duties as employees of a business, and are experts at interpreting the 
resources of the parks to their clients. Commercial guides are employed 
by local businesses; those jobs are not performed by NPS employees.
    Commercial guides use a ``follow-the-leader'' approach, stopping 
often to talk

[[Page 65790]]

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, which has proven to be effective. Signals are 
used to warn group members about wildlife and other road hazards, to 
indicate where to turn, 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. In this way, 
guides will ensure that park regulations are observed and will provide 
a safer 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 are effective at 
maintaining 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 visit 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 has also had beneficial effects on wildlife since guides are 
trained to respond appropriately when encountering wildlife.
    No more than eleven snowmobiles would be permitted in a group, 
including that of the guide. Individual snowmobiles may not be operated 
separately from a group within the park. No minimum group size 
requirement is necessary since commercially guided parties always have 
at least two snowmobiles--that of the guide and the customer. Moreover, 
as a practical matter, in recent winters, group size has averaged 
nearly seven snowmobiles per group.
    Except in emergency situations, guided parties must travel together 
and remain within a maximum distance of one-third mile of the first 
snowmobile in the group. This will ensure that guided parties do not 
become separated. One-third mile 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.
    In the Parkway, all snowmobile parties traveling north from Flagg 
Ranch must be accompanied by a commercial guide. Otherwise, 
snowmobilers in Grand Teton and the Parkway do not have to be 
accompanied by a guide. The use of guides in Grand Teton and the 
Parkway is generally not required due to the low volume of use, the 
conditions for access to Jackson Lake for winter fishing, and the fact 
that use of the Grassy Lake Road is primarily to provide access to and 
from the adjoining national forest lands where guiding is not required.

Designated Routes

    In Yellowstone, a number of changes are proposed in routes 
designated for snowmobile use based on analyses in the 2008 EA and 
experience with the management of winter use over the past four 
winters. Certain additional side roads will be open for snowmobile use 
in the afternoons, based on the successful experience of NPS with this 
time of day use on Firehole Canyon Drive. Virginia Cascades would be 
accessible only via ski and snowshoe, returning it to an earlier type 
of non-motorized use.
    In Grand Teton and the Parkway, the NPS is proposing to discontinue 
operation and use of the CDST. Use of this route over the last four 
winters has averaged fewer than 15 snowmobiles per season and in light 
of the proposed requirements for entry into Yellowstone, the NPS has no 
reason to believe that there would be any significant increase in use 
of the CDST if it were to remain open. The NPS will continue to allow 
the State of Wyoming to groom the portion of the CDST along U.S. 
Highway 26/287 to its east boundary in order to provide access to 
adjacent public and private lands in Buffalo Valley.

Daily Snowmobile Limits

    The number of snowmobiles and snowcoaches that could operate in the 
parks each day would be limited under this rule. These limits are 
intended to mitigate, even more than legally necessary, impacts to air 
quality, employee and visitor health and safety, natural soundscapes, 
wildlife, and visitor experience, consistent with preventing 
unacceptable impacts and impairment to park resources and values. The 
daily entry limits for snowmobiles and snowcoaches in Yellowstone are 
identified in Table 1, and for Grand Teton and the Parkway in Table 2. 
Use limits identified in Table 1 include guides since commercial guides 
are counted towards the daily limits. For Yellowstone, the daily limits 
are identified for each entrance and location; for Grand Teton and the 
Parkway, the daily limits apply to total snowmobile use on the road 
segment and on Jackson Lake.
    Limits are specifically identified for Old Faithful in this 
proposed rule since a park concessioner provides snowmobile rentals and 
commercial guiding services originating there. The limits for the North 
Entrance and Old Faithful allow additional flexibility in offering 
visitors the opportunity to experience the park. For example, some 
visitors choose to enter the park on a snowcoach tour, spend two or 
more nights at the Old Faithful Snow Lodge, and go on a commercially 
guided snowmobile tour of the park during their stay at Old Faithful.

    Table 1--Yellowstone Daily Snowmobile and Snowcoach Entry Limits
------------------------------------------------------------------------
                                           Commercially    Commercially
                Entrance                      guided          guided
                                            snowmobiles     snowcoaches
------------------------------------------------------------------------
West Entrance...........................             160              34
South Entrance *........................             114              13
East Entrance...........................              20               2
North Entrance..........................           ** 12              13
Old Faithful............................           ** 12              16
Cave Falls..............................          *** 50               0
------------------------------------------------------------------------
* Includes portion of the Parkway between Flagg Ranch and South
  Entrance.

[[Page 65791]]

 
** Commercially guided snowmobile tours originating at the North
  Entrance and Old Faithful are currently provided solely by Xanterra
  Parks and Resorts. Because this concessioner 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 24. For example, the concessioner could
  operate 16 snowmobiles at Old Faithful and 8 at the North Entrance if
  visitor demand warranted it. This will allow the concessioner to
  respond to changing visitor demand for commercially guided snowmobile
  tours, thus enhancing visitor service in Yellowstone.
*** This use occurs on a short (approximately 1-mile segment) of road
  and is incidental to other snowmobiling activities in the Targhee
  National Forest. These users do not have to be accompanied by a guide.


   Table 2--Grand Teton and the Parkway Daily Snowmobile Entry Limits
------------------------------------------------------------------------
                        Entrance                            Snowmobiles
------------------------------------------------------------------------
Grassy Lake Road (Flagg-Ashton Road)....................            * 25
Jackson Lake............................................              25
------------------------------------------------------------------------
* Snowmobiles being operated on the Grassy Lake Road would not be
  required to meet NPS air and sound emissions requirements.

    The purpose of these daily entry limits is to impose strict limits 
on the numbers of snowmobiles and snowcoaches that may use the parks in 
order to minimize resulting impacts, consistent with the NPS's mandate 
to conserve park resources and ensure that they are not impaired. While 
these limits do not constitute the maximum limit on snowmobiles that 
could be permitted in the Park, these limits are intended to continue 
to provide adequate snowmobile access to the Park under the current 
circumstances. Compared to historical use where peak days found as many 
as 1,700 snowmobiles in the parks, these limits represent a 
considerable reduction in peak day use, are less than the historic 
seasonal daily average of Yellowstone entries, and are clearly much 
less than the NPS has legal discretion to authorize consistent with the 
Management Policies. These limits would reduce snowmobile usage well 
below historic levels that were of particular concern in the 2000 ROD.
    The daily snowmobile and snowcoach limits are based on the analysis 
contained in the EA, which concluded that these limits, combined with 
other elements of this rule, would prevent unacceptable impacts thus 
preventing impairment to park resources and values while allowing for 
an appropriate range of experiences available to park visitors.

Avalanche Management--Sylvan Pass

    Sylvan Pass will be open under the 2008 Plan for oversnow travel 
(both motorized and non-motorized) for a limited core season, from 
December 22 through March 1 each year, subject to weather-related 
constraints and NPS fiscal, staff, infrastructural, equipment, and 
other safety-related capacities. A combination of avalanche mitigation 
techniques may be used, including risk assessment analyses as well as 
forecasting and helicopter and howitzer dispensed explosives. The 
results of previous safety evaluations of Sylvan Pass by the 
Occupational Health and Safety Administration and an Operational Risk 
Management Assessment will be reviewed and updated, and the NPS will 
evaluate additional avalanche mitigation techniques and risk assessment 
tools in order to further improve safety and visitor access.
    From March 2 to March 15, the NPS will maintain the road segment 
from the East Entrance to a point approximately four miles west of the 
entrance station to provide for opportunities for cross-country skiing 
and snowshoeing. Limited snowmobile and snowcoach use will be allowed 
in order to provide drop-offs for such purposes.
    This approach both addresses the concerns of the communities and 
the National Park Service. The City of Cody, Wyoming, as well as Park 
County, Wyoming, and the State of Wyoming have clearly articulated the 
importance of this route to the community and the historical 
relationship between Cody and Yellowstone's East Entrance. They have 
spoken for the businesses near Yellowstone's East Entrance and how 
those businesses have been negatively impacted in recent years by the 
changing patterns of winter visitation. They have stated how those 
businesses will continue to be adversely affected if the pass is closed 
to oversnow vehicle travel in the winter. The community and businesses 
have also stated the value they place on the certainty of the road 
being open in the winter and the importance of that certainty to their 
businesses and guests. NPS acknowledges those values and concerns and 
has carefully weighed those considerations.
    Avalanche control at Sylvan Pass has long represented a safety 
concern to the National Park Service. The 2000 FEIS, the 2003 SEIS, the 
2004 EA, and the 2007 FEIS all clearly identify the significant 
avalanche danger on Sylvan Pass, which has been well known for many 
years. Approximately 20 avalanche paths cross the road at Sylvan Pass. 
They average over 600 feet of vertical drop, and the East Entrance Road 
crosses the middle of several of the paths, putting travelers at risk 
of being caught in an avalanche. NPS employees must cross several 
uncontrolled avalanche paths to reach the howitzer used for discharging 
those avalanches, and the howitzer is at the base of a cliff prone to 
both rock-fall and additional avalanche activity (the howitzer cannot 
be moved without compromising its ability to reach all avalanche 
zones). Artillery shells sometimes fail to explode on impact, and 
unexploded rounds remain on the slopes, presenting year-round hazards 
to both employees and visitors, both in Yellowstone and the Shoshone 
National Forest. Natural avalanches can and do occur, both before and 
after howitzer use. Using a helicopter instead of a howitzer also is a 
high-risk activity because of other risks a helicopter contractor would 
have to incur.
    The NPS may use a combination of techniques that have been used in 
the past (howitzer and helicopter), as well as techniques that may be 
available in the future. Area staff may use whichever tool is the 
safest and most appropriate for a given situation, with the full 
understanding that safety of employees and visitors comes first. 
Employees in the field make the operational determination when safety 
criteria have been met, and operations can be conducted with acceptable 
levels of risk. The NPS will not take unacceptable risks. When safety 
criteria have been met, the pass will be open; when they have not been 
met, the pass will remain closed. As with past winters, extended 
closures of the pass may occur.

Section-by-Section Analysis

Sec. 7.13(l)(2) What terms do I need to know?

    The NPS has included definitions for a variety of terms, including 
oversnow vehicle, designated oversnow route, and commercial guides. 
These definitions are also applicable to Grand Teton and the Parkway, 
Sec.  7.22(g)(2) and Sec.  7.21(a)(2), respectively. For snowmobiles, 
NPS is continuing to use the definition found at 36 CFR 1.4, and sees 
no need to alter that definition at this time. Earlier regulations 
specific to Yellowstone, Grand Teton and the Parkway referenced 
``unplowed roadways'' but that terminology was changed to ``designated 
oversnow

[[Page 65792]]

routes'' to more accurately portray the condition of the route being 
used for oversnow travel. These routes remain entirely on roads or 
water surfaces used by motor vehicles and motorboats during other 
seasons and thus are consistent with the requirements in Sec.  2.18. 
Earlier regulations also referred only to snowmobiles or snowcoaches. 
Since there is a strong likelihood that new forms of machines will be 
developed in the future that can travel on snow, a definition for 
``oversnow vehicle'' was developed to ensure that such new technology 
is subject to this regulation. When a particular requirement or 
restriction only applies to a certain type of machine (for example, 
some concession restrictions only apply to snowcoaches), the specific 
machine is stated and only applies to that type of vehicle, not all 
oversnow vehicles. However, oversnow vehicles that do not meet the 
strict definition of a snowcoach (i.e., both weight and passenger 
capacity) would be subject to the same requirements as snowmobiles. The 
definitions listed under Sec.  7.13(l)(2) will apply to all three 
parks. These definitions may be clarified in future rulemakings based 
on changes in technology.

Sec. 7.13(l)(3) May I operate a snowmobile in Yellowstone National 
Park?

    The authority to operate a snowmobile within Yellowstone, subject 
to use limits, guiding requirements, operating hours and dates, 
equipment requirements, and operations established elsewhere in this 
section, is provided in Sec.  7.13(l)(3). Similarly, it is provided for 
Grand Teton in Sec.  7.22(g)(3) and for the Parkway in Sec.  
7.21(a)(3). The authority to operate snowmobiles in Yellowstone would 
be limited to three winter seasons, terminating at the conclusion of 
the 2010-2011 season. This limitation is included because the rule is 
intended to be an interim regulation for Yellowstone, during which time 
the NPS will seek to develop a new long-term management plan and 
regulations to guide winter use of the park. In light of the highly 
controversial and complex nature of the issue and its history of 
litigation, the NPS believes that a 3-year interim period is the 
minimum necessary to provide sufficient time to complete whatever 
process will follow to guide long-term winter use management of the 
park. The 3-year limitation would not apply to Grand Teton and the 
Parkway. However, snowmobile use between Flagg Ranch and the South 
Entrance of Yellowstone would effectively be limited to a 3-year period 
because all such use is associated with trips into Yellowstone and 
controlled by concession contracts.

Sec. 7.13(l)(4) May I operate a snowcoach in Yellowstone National Park?

    This paragraph continues the authority to operate snowcoaches in 
Yellowstone, and requires that they be commercially operated under a 
concessions contract. Similarly, the authority to operate snowcoaches 
in the Parkway is provided in Sec.  7.21(a)(4). For Grand Teton, Sec.  
7.22(g)(4) continues the current prohibition on the operation of 
snowcoaches.
    Similar to the 3-year limitation on snowmobile use described above, 
the authority to operate snowcoaches in Yellowstone would also be in 
effect only through the winter season of 2010-2011. Although the 3-year 
limitation on the authority to operate snowcoaches in the Parkway is 
not included in Sec.  7.21(a)(4), snowcoach use would effectively be 
limited to a 3-year period since all such use is associated with trips 
into Yellowstone and controlled by concession contracts.
    The NPS also proposes to continue the requirement that all non-
historic snowcoaches meet the applicable EPA air emissions standards 
that were in effect at the time the vehicle was manufactured.

Sec. 7.13(l)(5) Must I operate a certain model of snowmobile?

    This paragraph continues the requirement that only commercially 
available snowmobiles that meet NPS air and sound emissions 
requirements may be operated in Yellowstone. Similarly, this 
requirement is described for Grand Teton and the Parkway in Sec.  
7.22(g)(5) and Sec.  7.21(a)(5), respectively.

Sec. 7.13(l)(6) How will the Superintendent approve snowmobile makes, 
models, and year of manufacture for use in the park?

    The NPS is not proposing any changes to the hydrocarbon and carbon 
monoxide emissions requirements for snowmobiles operating in the park. 
Snowmobiles must be certified under 40 CFR part 1051 to a Family 
Emission Limit (FEL) no greater than 15 g/kW-hr for hydrocarbons and an 
FEL no greater than 120 g/kW-hr for carbon monoxide. Changes are not 
proposed to the current requirement that snowmobiles must operate at or 
below 73 dBA.
    For Grand Teton and the Parkway, the same requirements are 
contained in Sec.  7.22(g)(6) and Sec.  7.21(a)(6), respectively.

Sec. 7.13 (l)(7) Where may I operate my snowmobile in Yellowstone 
National Park?

    See also Sec.  7.22(g)(7) and Sec.  7.21(a)(7) for Grand Teton and 
the Parkway. Specific routes are listed where snowmobiles may be 
operated, but this proposed rule also provides latitude for the 
superintendent to modify those routes available for use. When 
determining what routes are available for use, the superintendent will 
use the criteria in Sec.  2.18(c), and may also take other issues into 
consideration including, for example, the most direct route of access, 
weather and snow conditions, the necessity to eliminate congestion, the 
necessity to improve the circulation of visitor use patterns, and in 
the interest of public safety and protection of park resources.

Sec. 7.13(l)(8) What routes are designated for snowcoach use?

    See also Sec.  7.21(a)(8) for the Parkway. In addition to the 
specific routes open to snowmobile use, snowcoaches may be operated on 
several other specific routes in Yellowstone. This proposed rule also 
provides latitude for the superintendent to modify those routes 
available for use. When determining what routes are available for use, 
the superintendent will use the criteria in Sec.  2.18(c), and may also 
take other issues into consideration including the most direct route of 
access, weather and snow conditions, the necessity to eliminate 
congestion, the necessity to improve the circulation of visitor use 
patterns, and in the interest of public safety and protection of park 
resources.

Sec. 7.13(l)(9) Must I travel with a commercial guide while 
snowmobiling in Yellowstone?

    See also Sec.  7.22(g)(8) and Sec.  7.21(a)(9) for Grand Teton and 
the Parkway. The NPS is proposing to retain the requirement that all 
recreational snowmobile operators in Yellowstone be accompanied by a 
commercial guide. Parties must travel in groups of no more than eleven 
snowmobiles including that of the guide.
    No changes are being proposed regarding guiding requirements for 
Grand Teton and the Parkway, where guides are not currently required 
except in the Parkway on the route between Flagg Ranch and the South 
Entrance of Yellowstone.

[[Page 65793]]

Sec. 7.13(l)(10) Are there limits established for the numbers of 
snowmobiles and snowcoaches permitted to operate in the park each day?

    The NPS is proposing to change the number of snowmobiles allowed in 
Yellowstone each day from 720 to 318, and from 140 per day in Grand 
Teton and the Parkway to 50 (see Sec.  7.22(g)(9) and Sec.  
7.21(a)(10)). The NPS is also proposing to establish a daily entry 
limit of 78 snowcoaches. This number conforms to the existing number 
authorized in concession contracts and reflects consideration of the 
analyses of impacts in the EA.

Sec. 7.13(l)(11) When may I operate my snowmobile or snowcoach?

    See also Sec.  7.22(g)(10) and Sec.  7.21(a)(11) for Grand Teton 
and the Parkway. The NPS is not proposing any changes to the methods 
that the superintendent would use to determine operating hours and 
dates.

Sec. 7.13(l)(12) What other conditions apply to the operation of 
oversnow vehicles?

    This section includes a variety of requirements regarding the 
operation of snowmobiles in the parks, such as drivers' license and 
registration requirements, operating procedures, requirements for 
headlights, brakes and other safety equipment, length of idling time, 
towing of sleds, and other requirements related to safety and resource 
impact considerations. No changes are being proposed in this section 
from the previous regulations. See also Sec.  7.22(g)(11) for Grand 
Teton and Sec.  7.21(a)(12) for the Parkway.

Sec. 7.13 (l)(13) What conditions apply to alcohol use while operating 
an oversnow vehicle?

    The NPS is proposing no changes to the conditions applicable to the 
use of alcohol while operating oversnow vehicles. Although the 
regulations in 36 CFR 4.23 apply to oversnow vehicles, a provision was 
included in the 2004 regulations to address the issue of under-age 
drinking while operating a snowmobile, and snowcoach operators or 
snowmobile guides operating under the influence while performing 
services for others. Many states have adopted similar alcohol standards 
for under-age operators and commercial drivers and the NPS feels it is 
necessary to specifically include these regulations to help mitigate 
potential safety concerns.
    The alcohol level for minors (anyone under the age of 21) is set at 
.02. Although the NPS endorses ``zero tolerance,'' a very low Blood 
Alcohol Content (BAC) is established to avoid a chance of a false 
reading. Mothers Against Drunk Driving and other organizations have 
endorsed such a general enforcement posture and the NPS agrees that 
under-age drinking and driving, particularly in a harsh winter 
environment, will not be allowed.
    In the case of snowcoach operators or snowmobile guides, a low BAC 
limit is also necessary. Persons operating a snowcoach are likely to be 
carrying 8 or more passengers in a vehicle with tracks or skis that is 
more challenging to operate than a wheeled vehicle, and on oversnow 
routes that could pose significant hazards should the driver not be 
paying close attention or have impaired judgment. Similarly, persons 
guiding others on a snowmobile have put themselves in a position of 
responsibility for the safety of other visitors and for minimizing 
impacts to park wildlife and other resources. Should the guide's 
judgment be impaired, hazards such as wildlife on the road or snow 
obscured features, could endanger all members of the group in an 
unforgiving climate. For these reasons, the NPS is continuing to 
require that all guides be held to a stricter than normal standard for 
alcohol consumption. Therefore, the NPS has established a BAC limit of 
.04 for snowcoach operators and snowmobile guides. This is consistent 
with federal and state rules pertaining to BAC thresholds for someone 
with a commercial driver's license.
    The same conditions apply within Grand Teton and the Parkway; see 
Sec.  7.22(g)(12) and Sec.  7.21(a)(13), respectively.

Sec. 7.13(l)(14) Do other NPS regulations apply to the use of oversnow 
vehicles?

    See also Sec.  7.22(g)(13) and Sec.  7.22(a)(14) for Grand Teton 
and the Parkway, respectively. The NPS is not proposing any changes to 
the applicability of other NPS regulations concerning oversnow vehicle 
use.
    Relevant portions of 36 CFR 2.18, including Sec.  2.18(c), have 
been incorporated within these proposed regulations. Some portions of 
36 CFR 2.18 and 2.19 are superseded by these proposed regulations, 
which allows these proposed regulations to govern maximum operating 
decibels, operating hours, and operator age (this is applicable to 
these park units only). In addition, 36 CFR 2.18(b) would not apply in 
Yellowstone, while it would apply in Grand Teton and the Parkway. This 
is due to the existing concurrent jurisdiction in Grand Teton and the 
Parkway. These two units are solely within the boundaries of the State 
of Wyoming and national park rangers work concurrently with state and 
county officers enforcing the laws of the State of Wyoming. The 
proposed rule also supersedes 36 CFR 2.19(b) in that it prohibits the 
towing of persons on skis, sleds, or other sliding devices by motor 
vehicle or snowmobile, except in emergency situations. Towing people, 
especially children, is a potential safety hazard and health risk due 
to road conditions, traffic volumes, and direct exposure to snowmobile 
emissions. This rule does not affect supply sleds attached by a rigid 
device or hitch pulled directly behind snowmobiles or other oversnow 
vehicles as long as no person or animal is hauled on them. Other 
provisions of 36 CFR Parts 1 and 2 continue to apply to the operation 
of oversnow vehicles unless specifically excluded here.

Sec. 7.13(l)(15) Are there any forms of non-motorized oversnow 
transportation allowed in the park?

    See also Sec.  7.22(g)(14) and Sec.  7.21(a)(15) for Grand Teton 
and the Parkway, respectively. Non-motorized travel consisting of 
skiing, skating, snowshoeing, and walking are generally permitted. 
Yellowstone and Grand Teton have specifically prohibited dog sledding 
and ski-joring (the practice of a skier being pulled by dogs or a 
vehicle) to prevent disturbance or harassment to wildlife. These 
restrictions have been in place for several years and would be 
reaffirmed under these regulations.

Sec. 7.13(l)(16) May I operate a snowplane in Yellowstone National 
Park?

    See also Sec.  7.22(g)(15) and Sec.  7.21(a)(16) for Grand Teton 
and the Parkway. Before the winter of 2002-2003, snowplanes were 
allowed on Jackson Lake within GTNP under a permit system. Based on the 
analysis set forth in the 2000 EIS and ROD and incorporated by 
reference into three subsequent rulemaking processes, the NPS found 
that the use of snowplanes results in impairment of the natural 
soundscape and opportunities for enjoyment of the park by visitors in 
violation of the NPS Organic Act. Additionally, with their unguarded 
propellers and high travel speeds, snowplanes present unacceptable 
safety risks. Accordingly, snowplanes have been banned since 2001. On 
June 27, 2007, the U.S. District Court for the District of Wyoming 
upheld the prohibition on the use of snowplanes; the case is currently 
on appeal. To date, NPS is not aware of any new or

[[Page 65794]]

additional information regarding snowplanes that would suggest their 
use would not impair park resources and values. As a result, and to 
avoid any uncertainty based on their previous use on Jackson Lake, this 
proposed rule includes language that specifically continues the 
prohibition of snowplanes in each of these parks.

Sec. 7.13(l)(17) Is violating any of the provisions of this section 
prohibited?

    Some magistrates have interpreted the lack of a specific 
prohibitory statement in regulations to be ambiguous and therefore 
unenforceable. Although it would seem to be implicit that each instance 
of a failure to abide by specific requirements is a separate violation, 
the proposed regulation contains clarifying language for this purpose. 
Each occurrence of non-compliance with these regulations is a separate 
violation. However, it should also be noted that the individual 
regulatory provisions (i.e., each of the separately numbered 
subparagraphs throughout these three sections) could be violated 
individually and are of varying severity. Thus, each subparagraph 
violated can and should receive an individual fine in accordance with 
the issuance of the park's bail schedule as issued by the appropriate 
magistrate. It is not intended that violations of multiple 
subparagraphs of these regulations be treated as a single violation or 
subject only to a single fine. See also Sec.  7.22(g)(20) and Sec.  
7.21(a)(17) for Grand Teton and the Parkway.

Sec. 7.22(g)(16) May I continue to access public lands via snowmobile 
through the park?

    The NPS is proposing to continue providing access to public lands 
that are adjacent to Grand Teton National Park, consistent with the 
requirements found in the park's enabling legislation. Specific routes 
are designated to provide such access; the requirements established for 
air and sound emissions, guiding and licensing, snowmobile operator 
age, and daily entry limits do not apply on these routes. Section 
7.22(g)(17) specifies that the routes designated in Sec.  7.22(g)(16) 
may be used only to gain direct access to public lands located adjacent 
to the park boundary.

Sec. 7.22(g)(18) May I continue to access private property within or 
adjacent to the park via snowmobile?

    The NPS is proposing to continue providing access to inholdings or 
private lands adjacent to Grand Teton National Park, consistent with 
the requirements found in the park's enabling legislation. Specific 
routes are designated to provide access, and the requirements 
established for air and sound emissions, guiding and licensing, 
snowmobile operator age, and daily entry limits do not apply on these 
routes. Section 7.22(g)(19) specifies that the routes designated in 
Sec.  7.22(g)(18) may be used only to gain direct access to private 
lands located within or adjacent to the park boundary, and is 
authorized only for the landowners and their representatives or guests.

Summary of Economic Analysis

Introduction

    The results of the cost-benefit analyses indicate that the costs of 
the proposed regulatory action are justified by the associated 
benefits. Specifically, this proposed regulatory action will not have 
an annual economic effect of $100 million, and will not adversely 
affect an economic sector, productivity, jobs, the environment, or 
other units of government relative to the Alternative 1 baseline. 
Rather, this proposed regulatory action is expected to improve economic 
efficiency. Further, this proposed regulatory action will have positive 
impacts on small entities relative to the Alternative 1 baseline.

Cost-Benefit Analysis

    NPS has considered the impacts of the Alternative 1 baseline and 
the Alternative 2 action alternatives, and determined that the 
resulting winter season park visitation (including YNP, GTNP, and the 
Parkway) under those two scenarios is represented by Table 3 below. 
These visitation levels are identical to relevant visitation levels 
during the 2005-06 winter season in YNP (Duffield and Neher, August 
2006), which reflect recent trends for the GYA. Alternative 1 
(baseline) includes only North Entrance wheeled vehicle entries plus 
park-wide ski entries, while Alternative 2 (action) also includes 
snowmobile and snowcoach entries. Visitation changes in GTNP and the 
Parkway between the two alternatives are considered de minimis.

        Table 3--Winter Season Park Visitation in the Greater Yellowstone Area Under Alternatives 1 and 2
----------------------------------------------------------------------------------------------------------------
                                                  Visitor-Days
-----------------------------------------------------------------------------------------------------------------
                                                                                      Wheeled
                   Alternative                      Snowmobile       Snowcoach      vehicle and        Total
                                                                                        ski
----------------------------------------------------------------------------------------------------------------
 1 (Baseline)...................................               0               0          40,029          40,029
 2 (Action).....................................          28,833          19,856          40,029          88,718
                                                 ---------------------------------------------------------------
 Change from 1 to 2.............................         +28,833         +19,856               0         +48,689
----------------------------------------------------------------------------------------------------------------

Benefits and Costs

    As indicated in Table 3, park visitors to the GYA are expected to 
gain benefits from increased snowmobile and snowcoach access under 
Alternative 2 relative to the Alternative 1 baseline. These benefits 
are termed ``consumer surplus,'' which includes the maximum willingness 
to pay for such activities minus the costs of participation. Therefore, 
consumer surplus measures the net benefits of visitation. NPS also 
estimates that businesses would receive benefits from Alternative 2 
relative to the Alternative 1 baseline. These benefits would arise from 
the provision of additional services associated with the increased 
snowmobile and snowcoach visitation under Alternative 2. These benefits 
are termed ``producer surplus,'' which are a net benefits measure 
similar to the consumer surplus benefits accruing to visitors. NPS was 
able to quantify certain benefits in the current analysis. Those 
consumer and producer surplus benefits that could be quantified under 
Alternative 2 are summarized in Table 4.

[[Page 65795]]



    Table 4--Quantified Consumer and Producer Surplus Benefits Under
                              Alternative 2
------------------------------------------------------------------------
                                           Total present     Amortized
              Discount rate                    value       annual value
------------------------------------------------------------------------
 3 percent..............................     $37,901,000     $13,399,000
 7 percent..............................      35,163,000      13,399,000
------------------------------------------------------------------------
Office of Management and Budget Circular A-4 recommends a 7 percent
  discount rate in general, and a 3 percent discount rate when analyzing
  the impacts to private consumption. Values are 2003 dollars rounded to
  the nearest 1,000.

    Although costs could not be quantified, it is possible for visitors 
who do not access the parks by snowmobile or snowcoach to suffer 
consumer surplus losses under Alternative 2 due to interactions with 
those visitor uses. However, given recent visitor trends and the 
relatively low level of snowmobile and snowcoach use contemplated under 
Alternative 2, it is not possible at this time to estimate any such 
reductions in visitor use. Therefore, while recognizing that such 
losses to visitor benefits are possible under Alternative 2, NPS is 
unable to quantify those losses. Further, NPS recognizes that it is 
possible that some skiers may be worse off under the Alternative 1 
baseline if they would use snowmobiles or snowcoaches to access trails 
within the parks. In addition to these potential costs, the proposed 
winter use plans may discourage additional visits to the parks by 
people who do not currently visit the parks in the winter, but might if 
snowmobiles and snowcoaches were prohibited from the parks. The Winter 
2002-03 Visitor Survey was based only on current visitors to the parks 
and therefore does not reflect the values of those people.
    Costs to ``passive'' users of the parks may also result from the 
proposed winter use plans. These users are individuals who do not 
directly use park resources and perhaps never intend to do so. 
Economists refer to the values these users hold using several different 
terms, including non-use values, passive use values, and existence 
values. The underlying motivations for these values include the 
satisfaction of knowing that a particular resource is protected or a 
desire to preserve the resource for future generations. Under the 
proposed winter use plans, these users may be less confident that park 
resources are being protected, and will therefore incur costs arising 
from the knowledge that park resources may be compromised by the 
presence of snowmobiles and snowcoaches.
    Other costs that could not be quantified include the costs of road 
grooming and maintenance, winter staffing, snowmobile and snowcoach 
safety hazards, and law enforcement. In general, increasing snowmobile 
and snowcoach activity in the parks would require NPS to redirect 
resources away from other activities that would protect park resources 
and address park management needs.

Explanation of Selected Preferred Alternative

    The preferred alternative in the EA was selected because it best 
balances winter use with protection of park resources to ensure that 
the impairment of, or unacceptable impacts to, park resources and 
values does not occur. The preferred alternative demonstrates the NPS 
commitment to monitor winter use and to use the results to adjust the 
winter use program. The results of the monitoring program, including 
data obtained regarding air quality, wildlife, soundscapes, and health 
and safety, were used in formulating the alternatives in the EA. The 
preferred alternative applies the lessons learned over the last several 
winters relative to commercial guiding, which demonstrated, among other 
things, that 100% commercial guiding has been very successful and 
offers the best opportunity for achieving goals of protecting park 
resources and allowing balanced use of the parks. Law enforcement 
incidents have been reduced well below historic numbers, even after 
taking into account reduced visitation. That reduction is attributed to 
the quality of the guided program.
    The preferred alternative uses strictly limited oversnow vehicle 
numbers, combined with air and sound emission requirements and 100% 
commercial guiding, to help ensure that the purpose and need for the 
environmental impact statement is best met. With access via snowmobile, 
snowcoaches, or non-motorized means, park visitors will have a range of 
appropriate winter recreational opportunities. With the significant 
restrictions built into snowmobile and snowcoach use, this plan also 
ensures that these recreational activities will not impair or 
irreparably harm park resources or values.
    The preferred alternative also supports the communities and 
businesses both near and far from the parks and will encourage them to 
have an economically sustainable winter recreation program that relies 
on a variety of modes for access to the parks in the winter. Peak 
snowmobile numbers allowed under the preferred alternative are well 
below the historic averages, but the snowmobile and snowcoach limits 
should provide a viable program for winter access to the parks.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget under Executive Order 12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities. These conclusions are based on the report ``Economic 
Analysis: Proposed Temporary Winter Use Plans for the Greater 
Yellowstone Area for Winter Seasons 2008-09 through 2010-11'' (Peacock, 
October 19, 2008).
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. 
Implementing actions under this rule will not interfere with plans by 
other agencies or local government plans, policies, or controls since 
this is an agency specific change.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. It only affects the use of over-snow machines within 
specific national parks. No grants or other forms of monetary 
supplement are involved.
    (4) OMB has determined that this rule raises novel legal or policy 
issues. The issue has generated local as well as national interest on 
the subject in the Greater Yellowstone Area. The NPS has been the 
subject of numerous lawsuits regarding winter use management.

Regulatory Flexibility Act

    The Department of the Interior has determined that this document 
will have a significant positive economic

[[Page 65796]]

effect on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Therefore, an Initial 
Regulatory Flexibility Analysis has been conducted. This analysis is 
contained in the report ``Economic Analysis: Proposed Temporary Winter 
Use Plans for the Greater Yellowstone Area for Winter Seasons 2008-09 
through 2010-11'' (Peacock, October 19, 2008).
    Only one action alternative was considered, Alternative 2. The 
Initial Regulatory Flexibility Analysis concludes that Alternative 2 
will have positive impacts and will not have significant negative 
impacts on small businesses relative to the Alternative 1 baseline.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
rulemaking has no effect on methods of manufacturing or production and 
specifically affects the 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 be afforded the same access during 
winter as before this rule. No other property is affected.

Federalism (Executive Order 13132)

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

Civil Justice Reform (Executive Order 12988)

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

Paperwork Reduction Act

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

National Environmental Policy Act

    A 2008 Winter Use Plans Environmental Assessment (2008 EA) has been 
prepared and is or will shortly be available for public review and 
comment. The EA is available for review by contacting Yellowstone or 
Grand Teton Management Assistant's Offices or at http://parkplanning.nps.gov/.
    Comments are being solicited separately for the 2008 EA and this 
proposed rule. See the Public Participation section for more 
information on how to comment on the EA.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2:
    The NPS has evaluated potential effects on federally recognized 
Indian tribes and have determined that there are no potential effects. 
Numerous tribes in the area were consulted in the development of the 
previous winter use planning documents. Their major concern was to 
reduce the adverse effects on wildlife by snowmobiles. This rule does 
that through implementation of the guiding requirements and 
disbursement of snowmobile use through the various entrance stations.

Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Administrative Procedure Act

    This proposed rule is available for public review and comment for a 
period of 15-days. Under more typical circumstances the NPS would 
normally provide a 60-day comment period. In this case, the Order that 
was issued by the DC District Court vacated the 2007 Rule only 90 days 
prior to the scheduled start of the winter season in the Parks, and has 
resulted in the need for an expedited rulemaking process. For this 
regulation, we have determined that in order for a final rule to become 
effective on or about December 15, 2008, it is necessary to reduce the 
normal review and comment period to 15 days. Good cause exists for the 
shortened comment period for the following reasons:
    (1) The NPS has received voluminous public comment on previous 
rulemaking efforts regarding winter use of the Parks since 2000, 
including 2001, 2002, 2003, 2004, and 2007. Those rulemaking efforts 
addressed many of the same issues as are addressed in this rulemaking, 
and no substantially new issues are being raised.
    (2) The NPS has in good faith since at least March 2007 publicly 
stated that the 2008-2009 winter season for the Parks would commence on 
December 15, 2008, and the public and businesses have made decisions 
based on the widespread public knowledge of this opening date.
    (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. The Christmas-New Year period is the 
most heavily visited time of the winter season. If the Parks do not 
open as scheduled on December 15, it would create unnecessary hardship 
for visitors who have already planned trips, and would likely result in 
economic losses

[[Page 65797]]

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 90-
day season.
    (4) Snowmobile and snowcoach operators have made business decisions 
and investments for the winter season premised on an opening date of 
December 15, 2008. 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 late opening 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.
    Drafting Information: The primary authors of this regulation are 
Gary Pollock, Management Assistant, Grand Teton National Park, and John 
Sacklin, Management Assistant, Yellowstone National Park.

Public Participation

    If you wish to comment, you may submit your comments by any one of 
several methods.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Yellowstone National Park, Winter Use Proposed Rule, 
P.O. Box 168, Yellowstone NP, WY 82190.
     Hand Deliver to: Management Assistant's Office, 
Headquarters Building, Mammoth Hot Springs, Yellowstone National Park, 
Wyoming.
    All comments must be received by midnight of the close of the 
comment period.
    As noted previously, an EA is also available for public comment. 
Those wishing to comment on both this proposed rule and the EA should 
submit separate comments for each. Comments regarding the EA may be 
submitted online via the NPS' Planning, Environment, and Public Comment 
(PEPC) Web site at http://parkplanning.nps.gov/, or they may be 
addressed to: Winter Use Plans EA, P.O. Box 168, Yellowstone National 
Park, WY 82190. Additional information about the EA is available online 
at: http://www.nps.gov/yell/planyourvisit/winteruse.htm.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR Part 7 as set forth below:

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

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

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

    2. Amend Sec.  7.13 by revising 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 oversnow 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 oversnow 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? (i) 
You may operate a snowmobile in Yellowstone National Park in compliance 
with use limits, guiding requirements, operating hours and dates, 
equipment, and operating conditions established 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.
    (ii) The authority to operate a snowmobile in Yellowstone National 
Park established in paragraph (l)(3)(i) of this section is in effect 
only through the winter season of 2010-2011.
    (4) May I operate a snowcoach in Yellowstone National Park? (i) 
Snowcoaches may only be operated in Yellowstone National Park under a 
concessions contract. Snowcoach operation is subject to the conditions

[[Page 65798]]

stated in the concessions contract and all other conditions identified 
in this section.
    (ii) All non-historic snowcoaches must meet NPS air emissions 
requirements, which mean the applicable EPA emissions standards for the 
vehicle that were in effect 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 are certified not to worsen emission and sound 
characteristics.
    (iv) Modifying or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (v) Individual snowcoaches may be subject to periodic inspections 
to determine compliance with the requirements of paragraphs (l)(4)(ii) 
through (l)(4)(iv) of this section.
    (vi) The authority to operate a snowcoach in Yellowstone National 
Park established in paragraph (l)(4)(i) of this section is in effect 
only through the winter season of 2010-2011.
    (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 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 only through the winter of 2010-2011:
    (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 (l)(7)(i)(M) 
through (l)(7)(i)(O) do not apply to snowcoaches. Snowcoaches may also 
be operated on the following additional oversnow routes only through 
the winter of 2010-2011:
    (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

[[Page 65799]]

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 1 to Sec.   7.13(l)--Daily Snowmobile and Snowcoach Limits
------------------------------------------------------------------------
                                           Commercially    Commercially
         Park entrance/location               guided          guided
                                            snowmobiles     snowcoaches
------------------------------------------------------------------------
(i) North Entrance *....................              12              13
(ii) West Entrance......................             160              34
(iii) South Entrance....................             114              13
(iv) East Entrance......................              20               2
(v) Old Faithful *......................              12              16
(vi) Cave Falls.........................           ** 50               0
------------------------------------------------------------------------
* Commercially guided snowmobile tours originating at the North Entrance
  and Old Faithful are currently provided solely by Xanterra Parks and
  Resorts. Because this concessioner 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 24. For example, the concessioner could operate 6 snowmobiles
  at Old Faithful and 18 at the North Entrance if visitor demand
  warranted it. This will allow the concessioner 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 to 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 (1)(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.

[[Page 65800]]

    (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.
* * * * *
    3. Amend Sec.  7.21 by revising paragraph (a) 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 
oversnow 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 oversnow 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 Sec.  1.7(a) of this chapter or in 
the Federal Register.
    (4) May I operate a snowcoach in the Parkway? (i) Snowcoaches may 
only be 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) All non-historic snowcoaches must meet NPS air emissions 
requirements, which mean the applicable EPA emissions standards for the 
vehicle that were in effect 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 are certified not to worsen emission and sound 
characteristics.
    (iv) Modifying or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (v) Individual snowcoaches may be subject to periodic inspections 
to determine compliance with the requirements of paragraphs (a)(4)(ii) 
through (a)(4)(iv) of this section.
    (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) These air and sound emissions requirements do not apply to 
snowmobiles being operated on the Grassy Lake Road. 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) Along U.S. Highway 89/191/287 from Flagg Ranch to the northern 
boundary of the Parkway.
    (B) Flagg Ranch developed area.
    (C) Grassy Lake Road from Flagg Ranch to the western boundary of 
the Parkway.
    (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)(7) also applies to non-administrative 
oversnow 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)(A) and (B) of this section. No 
other routes are open to

[[Page 65801]]

snowcoach use, except as provided in paragraph (a)(8)(ii) of this 
section.
    (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.
    (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 1 to Sec.   7.21(a)--Daily Snowmobile and Snowcoach Entry Limits
------------------------------------------------------------------------
                                                            Commercial
       Park entrance/road segment           Snowmobiles     snowcoaches
------------------------------------------------------------------------
(i) Grassy Lake Road (Flagg-Ashton Road)              25               0
(ii) Flagg Ranch to Yellowstone South                114              13
 Entrance *.............................
------------------------------------------------------------------------
* Commercially guided; the numbers of snowmobiles and snowcoaches
  allocated to this road segment may be adjusted depending on the
  results of analysis for concessions contracts, and will be the same as
  indicated in Table 1 to Sec.   7.13(l) of this part.

    (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

[[Page 65802]]

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.
* * * * *
    4. Amend Sec.  7.22, by revising 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 oversnow 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 oversnow 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? 
Except as provided for in paragraph (g)(6)(iv), 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 route is 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.
    (ii) The Superintendent may open or close this route, 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? (i) A total of 25 
snowmobiles per day are allowed to operate on the route designated in 
paragraph (g)(7)(i)(A).
    (ii) The Superintendent may adjust the number of snowmobiles 
described in paragraph (g)(9)(i) upwards or downwards, not to exceed a 
limit of 40 snowmobiles per day, based on the results of sound 
monitoring data, and after taking into consideration the location of 
wintering wildlife, appropriate snow cover, public safety and other 
factors. The Superintendent will provide notice of such changes by one 
or more of the methods listed in Sec.  1.7(a) of this chapter.
    (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:

[[Page 65803]]

    (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 paragraphs (g)(i)-(iv) of this section. 
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 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.

[[Page 65804]]

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.

Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-26447 Filed 11-4-08; 8:45 am]
BILLING CODE 4310-CT-P