[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Rules and Regulations]
[Pages 74606-74612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29110]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD74


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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

SUMMARY: This rule will manage winter visitation and recreational use 
in Yellowstone and Grand Teton National Parks and the John D. 
Rockefeller, Jr. Memorial Parkway. Publication of this final rule in 
the Federal Register complies with the November 7, 2008 order of the 
U.S. District Court for the District of Wyoming in Wyoming v. United 
States Department of the Interior, Case Nos. 07-CV-0319-B, 08-CV-00004-
B, which reinstated the 2004 final rule on winter use in the parks, 
without its sunset provisions.

DATES: This regulation is effective December 9, 2008.

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

SUPPLEMENTARY INFORMATION: This rule was originally published in 2004 
to provide a framework for managing winter use in the parks while the 
National Park Service (NPS) prepared a long-term winter use plan and 
EIS for the parks. Because NPS intended to supersede the 2004 rule with 
a long-term rule after 3 years, the actual authorizations of snowmobile 
and snowcoach use and the designation of routes for those uses 
contained provisions ending those authorizations and designations after 
the winter of 2006-2007 (``sunset provisions''). In 2007, NPS completed 
the long-term process, publishing a final rule implementing the 
decision in the Federal Register on December 13, 2007.
    The 2007 rule was challenged by several environmental groups in a 
lawsuit in the U.S. District Court for the District of Columbia, 
Greater Yellowstone Coalition v. Kempthorne, Civ. Nos. 07-2111 and 07-
2112 (EGS), and by the State of Wyoming and others in the above-cited 
lawsuit in the U.S. District Court for the District of Wyoming. On 
September 15, 2008, the D.C. District Court issued a decision vacating 
and remanding the 2007 final rule.
    On November 3, 2008, NPS released a Winter Use Plans Environmental 
Assessment (EA), and on November 5, 2008, NPS published a proposed rule 
that would have managed winter use in the parks for three winter 
seasons. Public comments were accepted on the EA until November 17 and 
on the proposed rule until November 20.
    Subsequent to the publication of that proposed rule, on November 7, 
2008, the Wyoming District Court issued an order finding that ``equity 
requires reinstatement of the 2004 temporary rule to provide some 
semblance of order in this disordered and confusing state of affairs.'' 
Accordingly, the Court ``[found] it appropriate to reinstate the 2004 
temporary rule without the sunset provision'' and that ``[t]his will 
provide businesses and tourists with the certainty that is needed in 
this confusing litigation.'' On November 19, 2008, the Wyoming District 
Court entered judgment stating it had ``entered a final order 
implementing a temporary rule.'' The Court thus ``ordered, adjudged and 
decreed that * * * the National Park Service shall reinstate the 2004 
temporary rule until such time as it can promulgate an acceptable rule 
to take its place.'' This publication in the Federal Register complies 
with the court order and provides notice to the public of the rule now 
in effect. Pursuant to the court order, this rule will be in effect for 
this winter season, and will remain in effect until NPS promulgates 
``an acceptable rule to take its place.''
    The 2004 rule was originally published at 69 FR 65348 (Nov. 10, 
2004) and more information and explanation of its provisions are 
available there.

List of Subjects in 36 CFR Part 7

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

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

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

0
1. The authority citation for Part 7 continues to read as follows:

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


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


Sec.  7.13  Yellowstone National Park.

* * * * *
    (l)(1) What is the scope of this regulation? The regulations 
contained in paragraphs (l)(2) through (1)(17) of this section are 
intended to apply to the use of recreational and commercial 
snowmobiles. Except where indicated, paragraphs (l)(2) through (1)(17) 
do not apply to non-administrative snowmobile or snowcoach use by NPS, 
contractor or concessioner employees who live or work in the interior 
of Yellowstone, or other non-recreational users authorized by the 
Superintendent.
    (2) What terms do I need to know? This paragraph also applies to 
non-administrative snowmobile use by the NPS, contractor or 
concessioner employees, or other non-recreational users authorized by 
the Superintendent.
    Commercial guide means a guide who operates as a snowmobile guide 
for a fee or compensation and is authorized to operate in the park 
under a concession contract. In this regulation, ``guide'' also means 
``commercial guide.''
    Historic snowcoach means a Bombardier snowcoach manufactured in 
1983 or earlier. Any other snowcoach is considered a non-historic 
snowcoach.
    Oversnow route means that portion of the unplowed roadway located 
between the road shoulders and designated by snow poles or other poles, 
ropes, fencing, or signs erected to regulate 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.
    Oversnow vehicle means a snowmobile, snowcoach, or other motorized 
vehicle that is intended for travel primarily on snow and has been 
authorized by the Superintendent to operate in the park. An oversnow 
vehicle that does not meet the definition of a snowcoach or a snowplane 
must comply with all requirements applicable to snowmobiles.
    Snowcoach means a self-propelled mass transit vehicle intended for 
travel on snow, having a curb weight of over 1,000 pounds (450 
kilograms), driven by a track or tracks and steered by skis or

[[Page 74607]]

tracks, and having a capacity of at least 8 passengers.
    Snowplane means a self-propelled vehicle intended for oversnow 
travel and driven by an air-displacing propeller.
    (3) May I operate a snowmobile in Yellowstone National Park? (i) 
You may operate a snowmobile in Yellowstone National Park in compliance 
with use limits, guiding requirements, operating hours and dates, 
equipment, and operating conditions established pursuant to this 
section. The Superintendent may establish additional operating 
conditions and shall provide notice of those conditions in accordance 
with Sec.  1.7(a) of this chapter or in the Federal Register.
    (4) May I operate a snowcoach in Yellowstone National Park? (i) 
Commercial snowcoaches may be operated in Yellowstone National Park 
under a concessions contract. Non-commercial snowcoaches may be 
operated if authorized by the Superintendent. Snowcoach operation is 
subject to the conditions stated in the concessions contract and all 
other conditions identified in this section.
    (ii) Beginning with the winter of 2005-2006, all non-historic 
snowcoaches must meet NPS air emissions requirements. These 
requirements are the applicable EPA emission standards for the vehicle 
at the time it was manufactured.
    (iii) All critical emission-related exhaust components (as defined 
in 40 CFR 86.004-25(b)(3)(iii) through (v)) must be functioning 
properly. Malfunctioning critical emissions-related components must be 
replaced with the original equipment manufacturer (OEM) component, 
where possible. Where OEM parts are not available, aftermarket parts 
may be used.
    (iv) Modifying or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (v) Individual snowcoaches may be subject to periodic inspections 
to determine compliance with the requirements of paragraphs (l)(4)(ii) 
through (l)(4)(iv) of this section.
    (vi) Historic snowcoaches are not required to meet air emissions 
restrictions.
    (5) Must I operate a certain model of snowmobile? Only commercially 
available snowmobiles that meet NPS air and sound emissions 
requirements as set forth in this section may be operated in the park. 
The Superintendent will approve snowmobile makes, models, and year of 
manufacture that meet those requirements. Any snowmobile model not 
approved by the Superintendent may not be operated in the park.
    (6) How will the Superintendent approve snowmobile makes, models, 
and year of manufacture for use in the park? (i) Beginning with the 
2005 model year, all snowmobiles must be certified under 40 CFR part 
1051, to a Family Emission Limit no greater than 15 g/kW-hr for 
hydrocarbons and to a Family Emission Limit no greater than 120 g/kW-hr 
for carbon monoxide.
    (A) 2004 model year snowmobiles may use measured emissions levels 
(official emission results with no deterioration factors applied) to 
comply with the emission limits specified in paragraph (l)(6)(i) of 
this section.
    (B) Snowmobiles manufactured prior to the 2004 model year may be 
operated only if they have been shown to have emissions no greater than 
the limits specified in paragraph (l)(6)(i) of this section.
    (C) The snowmobile test procedures specified by EPA (40 CFR parts 
1051 and 1065) shall be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent procedures may be used for 
earlier model years.
    (ii) For sound emissions, snowmobiles must operate at or below 
73dB(A) as measured at full throttle 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.
    (iii) The Superintendent may prohibit entry into the park any 
snowmobile that has been modified in a manner that may adversely affect 
air or sound emissions.
    (7) Where must I operate my snowmobile in Yellowstone National 
Park? (i) You must operate your snowmobile only upon designated 
oversnow routes established within the park in accordance with Sec.  
2.18(c) of this chapter. The following oversnow routes are so 
designated for snowmobile use:
    (A) The Grand Loop Road from its junction with Terrace Springs 
Drive to Norris Junction.
    (B) Norris Junction to Canyon Junction.
    (C) The Grand Loop Road from Norris Junction to Madison Junction.
    (D) The West Entrance Road from the park boundary at West 
Yellowstone to Madison Junction.
    (E) The Grand Loop Road from Madison Junction to West Thumb.
    (F) The South Entrance Road from the South Entrance to West Thumb.
    (G) The Grand Loop Road from West Thumb to its junction with the 
East Entrance Road.
    (H) The East Entrance Road from the East Entrance to its junction 
with the Grand Loop Road.
    (I) The Grand Loop Road from its junction with the East Entrance 
Road to Canyon Junction.
    (J) The South Canyon Rim Drive.
    (K) Lake Butte Road.
    (L) In the developed areas of Madison Junction, Old Faithful, Grant 
Village, Lake, Fishing Bridge, Canyon, Indian Creek, and Norris.
    (M) Firehole Canyon Drive between noon and 9 p.m. each day.
    (ii) The Superintendent may open or close these routes, or portions 
thereof, for snowmobile travel after taking into consideration the 
location of wintering wildlife, appropriate snow cover, public safety, 
and other factors. Notice of such opening or closing shall be provided 
by one or more of the methods listed in Sec.  1.7(a) of this chapter.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (iv) Maps detailing the designated oversnow routes will be 
available from Park Headquarters.
    (8) What routes are designated for snowcoach use? (i) Authorized 
snowcoaches may only be operated on the routes designated for 
snowmobile use in paragraphs (l)(7)(i)(A) through (l)(7)(i)(M) of this 
section and the following additional oversnow routes:
    (A) Firehole Canyon Drive.
    (B) Fountain Flat Road.
    (C) Virginia Cascades Drive.
    (D) North Canyon Rim Drive.
    (E) Riverside Drive.
    (F) That portion of the Grand Loop Road from Canyon Junction to 
Washburn Hot Springs overlook.
    (ii) The Superintendent may open or close these oversnow routes, or 
portions thereof, or designate new routes for snowcoach travel after 
taking into consideration the location of wintering wildlife, 
appropriate snow cover, public safety, and other factors. Notice of 
such opening or closing shall be provided by one of more of the methods 
listed in Sec.  1.7(a) of this chapter.
    (iii) This paragraph also applies to non-administrative snowcoach 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (9) Must I travel with a commercial guide while snowmobiling in 
Yellowstone and what other guiding requirements apply? (i) All 
recreational snowmobile operators must be accompanied by a commercial 
guide.
    (ii) Snowmobile parties must travel in a group of no more than 11

[[Page 74608]]

snowmobiles, including that of the guide.
    (iii) Guided parties must travel together within a maximum of one-
third mile of the first snowmobile in the group.
    (10) Are there limits established for the numbers of snowmobiles 
permitted to operate in the park each day? The numbers of snowmobiles 
allowed to operate in the park each day is limited to a certain number 
per entrance or location. The limits are listed in the following table:

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

    (11) When may I operate my snowmobile or snowcoach? The 
Superintendent will determine operating hours and dates. Expect for 
emergency situations, changes to operating hours may be made annually 
and the public will be notified of those changes through one or more of 
the methods listed in Sec.  1.7(a) of this chapter.
    (12) What other conditions apply to the operation of oversnow 
vehicles? (i) The following are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Driving an oversnow vehicle while the driver's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving an oversnow vehicle in willful or wanton disregard for 
the safety of persons, property, or park resources or otherwise in a 
reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) The towing of persons on skis, sleds or other sliding devices 
by oversnow vehicles, except in emergency situations.
    (ii) The following are required:
    (A) All oversnow vehicles that stop on designated routes must pull 
over to the far right and next to the snow berm. Pullouts must be 
utilized where available and accessible. Oversnow vehicles may not be 
stopped in a hazardous location or where the view might be obscured, or 
operating so slowly as to interfere with the normal flow of traffic.
    (B) Oversnow vehicle drivers must possess a valid motor vehicle 
driver's license. A learner's permit does not satisfy this requirement. 
The license must be carried by the driver at all times.
    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered and display a valid 
registration from the United States or Canada.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect park resources, visitors, or employees. The public 
will be notified of any changes through one or more methods listed in 
Sec.  1.7(a) of this chapter.
    (iv) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employee, or other non-
recreational users as authorized by the Superintendent.
    (13) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to the regulations contained in 36 CFR 
4.23, the following conditions apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is under 21 years of age and the 
alcohol concentration in the driver's blood or breath is 0.02 grams or 
more of alcohol per 100 milliliters of blood or 0.02 grams or more of 
alcohol per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is a snowmobile guide or a 
snowcoach driver and the alcohol concentration in the operator's blood 
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood 
or 0.04 grams or more of alcohol per 210 liters of breath.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users as authorized by the Superintendent.
    (14) Do other NPS regulations apply to the use of oversnow 
vehicles? (i) The use of oversnow vehicles in Yellowstone is not 
subject to Sec. Sec.  2.18 (b), (d), (e), and 2.19(b) of this chapter.
    (ii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users as authorized by the Superintendent.
    (15) Are there any forms of non-motorized oversnow transportation 
allowed in the park? (i) Non-motorized travel consisting of skiing, 
skating, snowshoeing, or walking is permitted unless otherwise 
restricted pursuant to this section or other provisions of 36 CFR Part 
1.
    (ii) The Superintendent may designate areas of the park as closed, 
reopen such areas, or establish terms and conditions for non-motorized 
travel within the park in order to protect visitors, employees, or park 
resources.
    (iii) Dog sledding and ski-joring are prohibited.
    (16) May I operate a snowplane in Yellowstone? The operation of a 
snowplane in Yellowstone is prohibited.
    (17) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(l)(1) through (l)(16) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.
* * * * *
0
3. Amend Sec.  7.21 to revise paragraph (a) to read as follows:


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

    (a)(1) What is the scope of this regulation? The regulations 
contained in paragraphs (a)(2) through (a)(17) of this section are 
intended to apply to the use of recreational and commercial 
snowmobiles. Except where indicated, paragraphs (a)(2) through (a)(17) 
do not apply to non-administrative snowmobile or snowcoach use by NPS, 
contractor or concessioner employees who live or work in the interior 
of Yellowstone, or other non-recreational users authorized by the 
Superintendent.
    (2) What terms do I need to know? All the terms in Sec.  7.13(l)(2) 
of this part apply to this section. This paragraph also applies to non-
administrative snowmobile use by NPS, contractor or concessioner 
employees, or other non-recreational users authorized by the 
Superintendent.
    (3) May I operate a snowmobile in the Parkway? You may operate a 
snowmobile in the Parkway in compliance with use limits, guiding 
requirements, operating hours and

[[Page 74609]]

dates, equipment, and operating conditions established pursuant to this 
section. The Superintendent may establish additional operating 
conditions and shall provide notice of those conditions in accordance 
with Sec.  1.7(a) of this chapter or in the Federal Register.
    (4) May I operate a snowcoach in the Parkway? (i) Commercial 
snowcoaches may be operated in the Parkway under a concessions 
contract. Non-commercial snowcoaches may be operated if authorized by 
the Superintendent. Snowcoach operation is subject to the conditions 
stated in the concessions contract and all other conditions identified 
in this section.
    (ii) Beginning with the winter of 2005-2006, all non-historic 
snowcoaches must meet NPS air emissions requirements. These 
requirements are the applicable EPA emission standards for the vehicle 
at the time it was manufactured.
    (iii) All critical emission-related exhaust components (as defined 
in 40 CFR 86.004-25(b)(3)(iii) through (v)) must be functioning 
properly. Malfunctioning critical emission-related components must be 
replaced with the original equipment manufacturer (OEM) component, 
where possible. Where OEM parts are not available, after-market parts 
may be used.
    (iv) Modifying or disabling a snowcoach's original pollution 
control equipment is prohibited except for maintenance purposes.
    (v) Individual snowcoaches may be subject to periodic inspections 
to determine compliance with the requirements of paragraphs (a)(4)(ii) 
through (a)(4)(iv) of this section.
    (vi) Historic snowcoaches are not required to meet air emissions 
restrictions.
    (5) Must I operate a certain model of snowmobile? Only commercially 
available snowmobiles that meet NPS air and sound requirements as set 
forth in this section may be operated in the Parkway. The 
Superintendent will approve snowmobile makes, models and year of 
manufacture that meet those restrictions. Any snowmobile model not 
approved by the superintendent may not be operated in the Parkway.
    (6) How will the Superintendent approve snowmobile makes, models, 
and year of manufacture for use in the Parkway? (i) Beginning with the 
2005 model year, all snowmobiles must be certified under 40 CFR part 
1051, to a Family Emission Limit no greater than 15 g/kW-hr for 
hydrocarbons and to a Family Emission Limit no greater than 120 g/kW-hr 
for carbon monoxide.
    (A) 2004 model year snowmobiles may use measured air emissions 
levels (official emission results with no deterioration factors 
applied) to comply with the air emission limits specified in paragraph 
(a)(6)(i) of this section.
    (B) Snowmobiles manufactured prior to the 2004 model year may be 
operated only if they have shown to have air emissions no greater than 
the restrictions identified in paragraph (a)(6)(i) of this section.
    (C) The snowmobile test procedures specified by EPA (40 CFR parts 
1051 and 1065) shall be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent procedures may be used for 
earlier model years.
    (ii) For sound emissions snowmobiles must operate at or below 
73dB(A) as measured at full throttle 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.
    (iii) These air and sound emissions restrictions shall not apply to 
snowmobiles originating in the Targhee National Forest and traveling on 
the Grassy Lake Road to Flagg Ranch. However these snowmobiles may not 
travel further into the Parkway than Flagg Ranch unless they meet the 
air and sound emissions and all other requirements of this section.
    (iv) The Superintendent may prohibit entry into the Parkway of any 
snowmobile that has been modified in a manner that may adversely affect 
air or sound emissions.
    (7) Where must I operate my snowmobile in the Parkway? (i) You must 
operate your snowmobile only upon designated oversnow routes 
established within the Parkway in accordance with Sec.  2.18(c) of this 
chapter. The following oversnow routes are so designated for snowmobile 
use:
    (A) The Continental Divide Snowmobile Trail (CDST) along U.S. 
Highway 89/287 from the southern boundary of the Parkway north to the 
Snake River Bridge.
    (B) Along U.S. Highway 89/287 from the Snake River Bridge to the 
northern boundary of the Parkway.
    (C) Grassy Lake Road from Flagg Ranch to the western boundary of 
the Parkway.
    (D) Flagg Ranch developed area.
    (ii) The Superintendent may open or close these routes, or portions 
thereof, for snowmobile travel after taking into consideration the 
location of wintering wildlife, appropriate snow cover, public safety 
and other factors. Notice of such opening or closing shall be provided 
by one or more of the methods listed in Sec.  1.7(a) of this chapter.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (iv) Maps detailing the designated oversnow routes will be 
available from Park Headquarters.
    (8) What routes are designated for snowcoach use? (i) Authorized 
snowcoaches may only be operated on the route designated for snowmobile 
use in paragraph (a)(7)(i)(B) of this section. No other routes are open 
to snowcoach use.
    (ii) The Superintendent may open or close this oversnow route, or 
portions thereof, or designate new routes for snowcoach travel after 
taking into consideration the location of wintering wildlife, 
appropriate snow cover, public safety, and other factors. Notice of 
such opening or closing shall be provided by one or more of the methods 
listed in Sec.  1.7(a) of this chapter.
    (iii) This paragraph also applies to non-administrative snowcoach 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (9) Must I travel with a commercial guide while snowmobiling in the 
Parkway, and what other guiding requirements apply? All recreational 
snowmobile operators using the oversnow route along U.S. Highway 89/287 
from Flagg Ranch to the northern boundary of the parkway must be 
accompanied by a commercial guide. A guide is not required in other 
portions of the Parkway.
    (i) Guided snowmobile parties must travel in a group of no more 
than 11 snowmobiles, including that of the guide.
    (ii) Guided snowmobile parties must travel together within a 
maximum of one-third mile of the first snowmobile in the group.
    (10) Are there limits established for the numbers of snowmobiles 
permitted to operate in the Parkway each day? (i) The numbers of 
snowmobiles allowed to operate in the Parkway each day is limited to a 
certain number per road segment. The limits are listed in the following 
table:

[[Page 74610]]



          Table 1 to Sec.   7.21--Daily Snowmobile Entry Limits
------------------------------------------------------------------------
                                                           Total  number
                                                          of  snowmobile
               Park entrance/road segment                     entrance
                                                              passes
------------------------------------------------------------------------
(ii) GTNP and the Parkway--Total Use on CDST *..........              50
(iii) Grassy Lake Road (Flagg-Ashton Road)..............              50
(iv) Flagg Ranch to Yellowstone South Entrance..........             220
------------------------------------------------------------------------
* The Continental Divide Snowmobile Trail lies within both GTNP and the
  Parkway. The 50 daily snowmobile use limit applies to total use on
  this trail in both parks.

    (11) When may I operate my snowmobile or snowcoach? The 
Superintendent will determine operating hours and dates. Except for 
emergency situations, changes to operating hours may be made annually 
and the public will be notified of those changes through one or more of 
the methods listed in Sec.  1.7(a) of this chapter.
    (12) What other conditions apply to the operation of oversnow 
vehicles? (i) The following are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Driving an oversnow vehicle while the operator's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving an oversnow vehicle in willful or wanton disregard for 
the safety of persons, property, or parkway resources or otherwise in a 
reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) The towing of persons on skis, sleds or other sliding devices 
by oversnow vehicles, except in emergency situations.
    (ii) The following are required:
    (A) All oversnow vehicles that stop on designated routes must pull 
over to the far right and next to the snow berm. Pullouts must be 
utilized where available and accessible. Oversnow vehicles may not be 
stopped in a hazardous location or where the view might be obscured, or 
operating so slowly as to interfere with the normal flow of traffic.
    (B) Oversnow vehicle drivers must possess a valid motor vehicle 
operator's license. The license must be carried by the driver at all 
times. A learner's permit does not satisfy this requirement.
    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered and display a valid 
registration from the United States or Canada.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect parkway resources, visitors, or employees. The 
public will be notified of any changes through one or more methods 
listed in Sec.  1.7(a) of this chapter.
    (iv) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (13) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to the regulations in 36 CFR 4.23, the 
following conditions apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is under 21 years of age and the 
alcohol concentration in the driver's blood or breath is 0.02 grams or 
more of alcohol per 100 milliliters of blood or 0.02 grams or more of 
alcohol per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is a snowmobile guide or a 
snowcoach driver and the alcohol concentration in the operator's blood 
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood 
or 0.04 grams or more of alcohol per 210 liters of breath.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (14) Do other NPS regulations apply to the use of oversnow 
vehicles? (i) The use of oversnow vehicles is not subject to Sec. Sec.  
2.18(d), (e), and 2.19(b) of this chapter.
    (ii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users as authorized by the Superintendent.
    (15) Are there any forms of non-motorized oversnow transportation 
allowed in the parkway? (i) Non-motorized travel consisting of skiing, 
skating, snowshoeing, or walking is permitted unless otherwise 
restricted pursuant to this section or other provisions of 36 CFR Part 
1.
    (ii) The Superintendent may designate areas of the Parkway as 
closed, reopen such areas, or establish terms and conditions for non-
motorized travel within the Parkway in order to protect visitors, 
employees, or park resources.
    (iii) Dog sledding and ski-joring are prohibited.
    (16) May I operate a snowplane in the Parkway? The operation of a 
snowplane in the Parkway is prohibited.
    (17) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(a)(1) through (a)(16) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.
* * * * *
0
4. Amend Sec.  7.22 to revise paragraph (g) to read as follows:


Sec.  7.22  Grand Teton National Park.

* * * * *
    (g)(1) What is the scope of this regulation? The regulations 
contained in paragraphs (g)(2) through (g)(20) of this section are 
intended to apply to the use of recreational and commercial 
snowmobiles. Except where indicated, paragraphs (g)(2) through (g)(20) 
do not apply to non-administrative snowmobile or snowcoach use by NPS, 
contractor or concessioner employees who live or work in the interior 
of Yellowstone, or other non-recreational users authorized by the 
Superintendent.
    (2) What terms do I need to know? All the terms in Sec.  7.13(l)(1) 
of this part apply to this section. This paragraph also applies to non-
administrative snowmobile use by NPS, contractor or concessioner 
employees, or other non-recreational users authorized by the 
Superintendent.
    (3) May I operate a snowmobile in the Grand Teton National Park? 
(i) You may operate a snowmobile in Grand Teton National Park in 
compliance with use limits, operating hours and dates, equipment, and 
operating conditions established pursuant to this section. The 
Superintendent may establish additional operating conditions and 
provide notice of those conditions in accordance with Sec.  1.7(a) of 
this chapter or in the Federal Register.
    (4) May I operate a snowcoach in Grand Teton National Park? It is 
prohibited to operate a snowcoach in Grand Teton National Park except 
as authorized by the superintendent.
    (5) Must I operate a certain model of snowmobile in the park? Only 
commercially available snowmobiles that meet NPS air and sound 
emissions requirements as set forth in this section

[[Page 74611]]

may be operated in the park. The Superintendent will approve snowmobile 
makes, models, and year of manufacture that meet those requirements. 
Any snowmobile model not approved by the Superintendent may not be 
operated in the park.
    (6) How will the Superintendent approve snowmobile makes, models, 
and year of manufacture for use in Grand Teton? (i) Beginning with the 
2005 model year, all snowmobiles must be certified under 40 CFR part 
1051, to a Family Emission Limit no greater than 15 g/kW-hr for 
hydrocarbons and to a Family Emission Limit no greater than 120 g/kW-hr 
for carbon monoxide.
    (A) 2004 model year snowmobiles may use measured air emissions 
levels (official emission results with no deterioration factors 
applied) to comply with the air emission limits specified in paragraph 
(g)(6)(i) of this section.
    (B) Snowmobiles manufactured prior to the 2004 model year may be 
operated only if they have shown to have air emissions no greater than 
the requirements identified in paragraph (g)(6)(i) of this section.
    (C) The snowmobile test procedures specified by EPA (40 CFR Parts 
1051 and 1065) shall be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent procedures may be used for 
earlier model years.
    (ii) For sound emissions snowmobiles must operate at or below 
73dB(A) as measured at full throttle 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.
    (iii) These air and sound emissions requirements shall not apply to 
snowmobiles while in use to access lands authorized by paragraphs 
(g)(16) and (g)(18) of this section.
    (iv) The Superintendent may prohibit entry into the park of any 
snowmobile that has been modified in a manner that may adversely affect 
air or sound emissions.
    (7) Where must I operate my snowmobile in the park? (i) You must 
operate your snowmobile only upon designated oversnow routes 
established within the park in accordance with Sec.  2.18(c) of this 
chapter. The following oversnow routes are so designated for snowmobile 
use:
    (A) The frozen water surface of Jackson Lake for the purposes of 
ice fishing only. Those persons accessing Jackson Lake for ice fishing 
must possess a valid Wyoming fishing license and the proper fishing 
gear. Snowmobiles may only be used to travel to and from fishing 
locations on the lake.
    (B) The Continental Divide Snowmobile Trail along U.S. 26/287 from 
Moran Junction to the eastern park boundary and along U.S. 89/287 from 
Moran Junction to the north park boundary.
    (ii) The Superintendent may open or close these routes, or portions 
thereof, for snowmobile travel, and may establish separate zones for 
motorized and non-motorized use on Jackson Lake, after taking into 
consideration the location of wintering wildlife, appropriate snow 
cover, public safety and other factors. Notice of such opening or 
closing shall be provided by one or more of the methods listed in Sec.  
1.7(a) of this chapter.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (iv) Maps detailing the designated oversnow routes will be 
available from Park Headquarters.
    (8) Must I travel with a commercial guide while snowmobiling in 
Grand Teton National Park? You are not required to use a guide while 
snowmobiling in Grand Teton National Park.
    (9) Are there limits established for the numbers of snowmobiles 
permitted to operate in the park each day? The numbers of snowmobiles 
allowed to operate in the park each day are limited to a certain number 
per road segment or location. The snowmobile limits are listed in the 
following table:

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

    (10) When may I operate my snowmobile? The Superintendent will 
determine operating hours and dates. Except for emergency situations, 
changes to operating hours or dates may be made annually and the public 
will be notified of those changes through one or more of the methods 
listed in Sec.  1.7(a) of this chapter.
    (11) What other conditions apply to the operation of oversnow 
vehicles? (i) The following are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Driving an oversnow vehicle while the operator's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving an oversnow vehicle in willful or wanton disregard for 
the safety of persons, property, or park resources or otherwise in a 
reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) The towing of persons on skis, sleds or other sliding devices 
by oversnow vehicles.
    (ii) The following are required:
    (A) All oversnow vehicles that stop on designated routes must pull 
over to the far right and next to the snow berm. Pullouts must be 
utilized where available and accessible. Oversnow vehicles may not be 
stopped in a hazardous location or where the view might be obscured, or 
operating so slowly as to interfere with the normal flow of traffic.
    (B) Oversnow vehicle drivers must possess a valid motor vehicle 
operator's license. The license must be carried by the driver at all 
times. A learner's permit does not satisfy this requirement.
    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered and display a valid 
registration from the United States or Canada.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect park resources, visitors, or employees. The public 
will be notified of any changes through one or more methods listed in 
Sec.  1.7(a) of this chapter.
    (iv) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (12) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to the regulations in 36 CFR 4.23, the 
following conditions apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle

[[Page 74612]]

is prohibited when the driver is under 21 years of age and the alcohol 
concentration in the driver's blood or breath is 0.02 grams or more of 
alcohol per 100 milliliters or blood or 0.02 grams or more of alcohol 
per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is a snowmobile guide or a snow 
coach operator and the alcohol concentration in the driver's blood or 
breath is 0.04 grams or more of alcohol per 100 milliliters of blood or 
0.04 grams or more of alcohol per 210 liters of breath.
    (iii) This paragraph also applies to non-administrative snowmobile 
use by NPS, contractor or concessioner employees, or other non-
recreational users authorized by the Superintendent.
    (13) Do other NPS regulations apply to the use of oversnow 
vehicles? The use of oversnow vehicles in Grand Teton is not subject to 
Sec. Sec.  2.18(d) and (e) and 2.19(b) of this chapter.
    (14) Are there any forms of non-motorized oversnow transportation 
allowed in the park? (i) Non-motorized travel consisting of skiing, 
skating, snowshoeing, or walking is permitted unless otherwise 
restricted pursuant to this section or other provisions of 36 CFR Part 
1.
    (ii) The Superintendent may designate areas of the park as closed, 
reopen such areas, or establish terms and conditions for non-motorized 
travel within the park in order to protect visitors, employees, or park 
resources.
    (iii) Dog sledding and ski-joring are prohibited.
    (15) May I operate a snowplane in the park? The operation of a 
snowplane in Grand Teton National Park is prohibited.
    (16) May I continue to access public lands via snowmobile through 
the park? Reasonable and direct access, via snowmobile, to adjacent 
public lands will continue to be permitted on designated routes through 
the park. Requirements established in this section related to air and 
sound emissions, snowmobile operator age, guiding, and licensing do not 
apply on these oversnow routes. The following routes only are 
designated for access via snowmobile to public lands:
    (i) From the parking area at Shadow Mountain directly along the 
unplowed portion of the road to the east park boundary.
    (ii) Along the unplowed portion of the Ditch Creek Road directly to 
the east park boundary.
    (iii) The Continental Divide Snowmobile Trail, from the east park 
boundary to Moran Junction.
    (17) For what purpose may I use the routes designated in paragraph 
(g)(16) of this section? You may use those routes designated in 
paragraph (g)(16) of this section only to gain direct access to public 
lands adjacent to the park boundary.
    (18) May I continue to access private property within or adjacent 
to the park via snowmobile? Until such time as the United States takes 
full possession of an inholding in the park, the Superintendent may 
establish reasonable and direct access routes via snowmobile, to such 
inholding, or to private property adjacent to park boundaries for which 
other routes or means of access are not reasonably available. 
Requirements established in this section related to air and sound 
emissions, snowmobile operator age, licensing, and guiding do not apply 
on these oversnow routes. The following routes are designated for 
access to properties within or adjacent to the park:
    (i) The unplowed portion of Antelope Flats Road off U.S. 26/89 to 
private lands in the Craighead Subdivision.
    (ii) The unplowed portion of the Teton Park Road to the piece of 
land commonly referred to as the ``Clark Property''.
    (iii) From the Moose-Wilson Road to the land commonly referred to 
as the ``Barker Property''.
    (iv) From the Moose-Wilson Road to the land commonly referred to as 
the ``Wittimer Property''.
    (v) From the Moose-Wilson Road to those two pieces of land commonly 
referred to as the ``Halpin Properties''.
    (vi) From the south end of the plowed sections of the Moose-Wilson 
Road to that piece of land commonly referred to as the ``JY Ranch''.
    (vii) From Highway 26/89/187 to those lands commonly referred to as 
the ``Meadows'', the ``Circle EW Ranch'', the ``Moulton Property'', the 
``Levinson Property'' and the ``West Property''.
    (viii) From Cunningham Cabin pullout on U.S. 26/89 near Triangle X 
to the piece of land commonly referred to as the ``Lost Creek Ranch''.
    (ix) Maps detailing designated routes will be available from Park 
Headquarters.
    (19) For what purpose may I use the routes designated in paragraph 
(g)(18) of this section? Those routes designated in paragraph (g)(18) 
of this section are only to access private property within or directly 
adjacent to the park boundary. Use of these roads via snowmobile is 
authorized only for the landowners and their representatives or guests. 
Use of these roads by anyone else or for any other purpose is 
prohibited.
    (20) Is violating any of the provisions of this section prohibited? 
Violating any of the terms, conditions or requirements of paragraphs 
(g)(1) through (g)(19) of this section is prohibited. Each occurrence 
of non-compliance with these regulations is a separate violation.

    Dated: December 4, 2008.
Lyle Laverty,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. E8-29110 Filed 12-8-08; 8:45 am]
BILLING CODE 4310-70-P