[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Rules and Regulations]
[Pages 60183-60194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27894]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD82


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule governs winter visitation and certain recreational 
use in Grand Teton National Park and the John D. Rockefeller, Jr. 
Memorial Parkway. This final rule is issued to implement the Finding of 
No Significant Impact (FONSI) for the 2008 Winter Use Plans 
Environmental Assessment (2008 EA) approved October 15, 2009, and will 
provide visitors a range of winter recreation opportunities that are 
appropriate to the national park setting, and that these activities do 
not unacceptably impact or impair park resources and values. The rule 
requires that recreational snowmobiles operating on Jackson Lake meet 
certain air and sound emissions requirements, and that such snowmobile 
use is for the sole purpose of accessing ice fishing opportunities on 
the lake. The rule sets daily entry limits on the numbers of 
snowmobiles allowed on Jackson Lake and on the Grassy Lake Road, and 
also designates the route between Flagg Ranch and the South Entrance of 
Yellowstone National Park for snowmobile and snowcoach use, subject to 
compliance with the daily entry limits and other requirements set out 
in the separate rule authorizing snowmobile and snowcoach use in 
Yellowstone National Park. Traveling off designated oversnow routes 
will remain prohibited.

DATES: The effective date for this rule is December 15, 2009.

FOR FURTHER INFORMATION CONTACT: Gary Pollock, Management Assistant, 
Grand Teton National Park, 307-344-3428.

SUPPLEMENTARY INFORMATION:

Background

    The National Park Service (NPS) has been managing winter use issues 
in Yellowstone National Park, Grand Teton National Park, and the John 
D. Rockefeller, Jr., Memorial Parkway (the Parkway) for several decades 
under the guidance provided by a number of sources. The history of the 
issue was discussed at length in the notice for the proposed rule, 73 
FR 65,784 (Nov. 5, 2008) and in the 2008 Winter Use Plans Environmental 
Assessment (2008 EA).
    After the proposed rule was published, on November 7, 2008, the 
U.S. District Court for the District of Wyoming issued an order 
reinstating the 2004 final rule on winter use in the parks, without its 
sunset provisions, ``until such time as NPS can promulgate an 
acceptable rule to take its place.'' The NPS complied with the court 
order and on December 9, 2008, republished the 2004 regulation without 
its provisions terminating snowmobile and snowcoach use after the 
winter of 2006-07.
    The NPS is promulgating this final regulation to replace the 
reinstated 2004 regulation beginning with the winter season of 2009-
2010.
    The EA, FONSI, and other documents pertaining to winter use 
management in the parks can be found at http://www.nps.gov/yell/planyourvisit/winteruse.htm, and at http://www.nps.gov/grte/parkmgmt/planning.htm.

Rationale for the Final Rule

    This rule allows for a limited amount of snowmobile use in Grand 
Teton and the Parkway to provide a range of appropriate winter 
activities while protecting the integrity of park resources. It allows 
for winter anglers to access ice fishing opportunities on the large 
expanse of Jackson Lake, and for snowmobile access from the adjacent 
Targhee National Forest to and from Flagg Ranch, via the Grassy Lake 
Road. The rule also designates the route between Flagg Ranch and the 
South Entrance of Yellowstone for use by snowmobiles and snowcoaches, 
subject to any daily entry limits, air and sound emissions, guiding, 
and other such requirements that apply to oversnow vehicle travel 
within Yellowstone. The designation is necessary since winter travel 
through the South Entrance of Yellowstone begins and ends at Flagg 
Ranch, approximately two miles south of the Yellowstone boundary.
    The rule is designed to protect against the adverse impacts that 
occurred from the historical types and numbers of oversnow vehicle use 
in the Park and the Parkway. Experience over the past several winters 
has shown that a limited number of snowmobiles, in combination with the 
NPS requirements for air and sound emissions on Jackson Lake, allows 
for a range of appropriate visitor experiences while ensuring that the 
integrity of park resources and values is not harmed. The NPS found 
that the regulations that were in effect over the past several winter 
seasons resulted in quieter conditions, and that impacts on air 
quality, wildlife, other resources, and visitor experience were 
acceptable. This rule limits the daily number of snowmobiles allowed on 
Jackson Lake and the Grassy Lake Road in order to better protect park 
soundscapes and other resources, and includes requirements for 
snowmobile air and sound emissions. It also eliminates certain oversnow 
vehicle routes.
    This rule is consistent with the 2006 NPS Management Policies. In 
managing units of the National Park System, the NPS may undertake 
actions that have both beneficial and adverse impacts on park resources 
and values. However, the NPS is generally prohibited by law from taking 
or authorizing any action that would or is likely to impair park 
resources and values. Impairment is defined in the 2006 NPS Management 
Policies in section 1.4.5 as an impact that, in the professional 
judgment of the responsible NPS manager, would harm the integrity of 
park resources or values, including the opportunities that otherwise 
would be present for the enjoyment of those resources and values.
    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 allowing impacts to park resources 
only when allowing the impacts is appropriate to fulfill the purposes 
of the park and is necessary (meaning that the impacts are unavoidable 
and incapable of further mitigation in light of the authorized 
appropriate use).
    This rule initially limits the number of snowmobiles authorized in 
Grand Teton to 25 per day in order to provide access to ice fishing 
opportunities on the large expanse of Jackson Lake. The rule allows 
this limit to be adjusted upward or downward, not to exceed 40

[[Page 60184]]

snowmobiles per day, through a monitoring and adaptive management 
program. The daily limits, combined with a provision that all 
snowmobiles used on Jackson Lake must meet NPS air and sound emissions 
requirements, will mitigate impacts on park resources, including the 
natural soundscapes of the park. The rule also allows 25 snowmobiles 
per day on the Grassy Lake Road in the Parkway. This route is the 
easternmost portion of an approximately 40-mile route that traverses 
the Targhee National Forest from the vicinity of Ashton, Idaho, and 
which terminates at Flagg Ranch. The route serves as a connection to 
popular snowmobile touring opportunities in the vicinity of Island 
Park, Idaho, and West Yellowstone, Montana. Snowmobiling opportunities 
abound in the portion of the route that is within the national forest, 
and almost all use of the route within the Parkway is incidental to 
activities in the forest. In view of the low amount of use that has 
historically occurred on the Parkway portion of the Grassy Lake Road, 
the importance of ensuring that visitors to the remote portions of the 
national forest have access to the facilities and services at Flagg 
Ranch (including the ability to report emergencies and obtain food and 
gasoline), and to provide access from Flagg Ranch to the recreational 
opportunities available in the national forest, snowmobiles on the 
Grassy Lake Road are not required to meet the air and sound emission 
requirements.
    Adjustment to the daily entry limits for snowmobiles through an 
adaptive management program is one of several tools available to park 
managers to ensure that the goals and objectives of the winter use 
plans are maintained. Through an adaptive management program, if 
monitoring of use levels indicates that conditions are acceptable and 
could accommodate greater use, the NPS may increase the daily entry 
limits on Jackson Lake to 40 snowmobiles per day. Conversely, if 
monitoring indicates unacceptable conditions, the NPS will reduce use 
levels to an extent that acceptable conditions can be maintained.
    To mitigate impacts to air quality and the natural soundscape, the 
NPS is continuing the requirement that all recreational snowmobiles on 
Jackson Lake meet strict air and sound emissions requirements. For air 
emissions, all snowmobiles must achieve a 90% reduction in hydrocarbons 
and a 70% reduction in carbon monoxide, relative to EPA's baseline 
emissions assumptions for conventional two-stroke snowmobiles. For 
sound restrictions, snowmobiles must operate at or below 73 dBA as 
measured at full throttle according to Society of Automotive Engineers 
(SAE) J192 test procedures (revised 1985). The Superintendent will 
maintain a list of approved snowmobile makes, models, and years of 
manufacture that meet NPS requirements.
    The NPS is continuing the requirement that began with the 2005 
model year that all snowmobiles must be certified under 40 CFR 1051 to 
a Family Emission Limit (FEL) no greater than 15 g/kW-hr for 
hydrocarbons (HC) and 120 g/kW-hr for carbon monoxide (CO). Snowmobiles 
must be tested on a five-mode engine dynamometer consistent with the 
test procedures specified by the EPA (40 CFR 1051 and 1065). Other test 
methods could be approved by the NPS.
    The NPS is retaining the use of the FEL method for demonstrating 
compliance with its emissions requirements because it has several 
advantages. First, use of FEL will ensure that all individual 
snowmobiles entering the parks achieve the NPS's emissions 
requirements, unless modified or damaged (under this regulation, 
snowmobiles which are modified in such a way as to increase air or 
sound emissions will not be in compliance with NPS requirements and 
therefore not permitted to enter the parks). Use of FEL will also 
minimize any administrative burden on snowmobile manufacturers to 
demonstrate compliance with NPS requirements, because they already 
provide FEL data to the EPA. Further, the EPA has the authority to 
ensure that manufacturers' claims on their FEL applications are valid. 
EPA also requires that manufacturers conduct production line testing 
(PLT) to demonstrate that machines being manufactured actually meet the 
certification levels. If PLT indicates that emissions exceed the FEL 
levels, then the manufacturer is required to take corrective action. 
Through EPA's ability to audit manufacturers' emissions claims, the NPS 
will have sufficient assurance that emissions information and 
documentation will be reviewed and enforced by the EPA. FEL also takes 
into account other factors, such as the deterioration rate of 
snowmobiles (some snowmobiles may produce more emissions as they age), 
lab-to-lab variability, test-to-test variability, and production line 
variance. In addition, under the EPA's regulations, all snowmobiles 
manufactured must be labeled with FEL air emissions information. This 
will help to ensure that NPS emissions requirements are consistent with 
these labels. The use of FEL will avoid potential confusion for 
consumers.
    The air emissions requirements for snowmobiles allowed to operate 
in the park should not be confused with standards adopted by the EPA in 
a final rule published in the Federal Register on November 8, 2002 (67 
FR 68242). The EPA regulations require manufacturers to meet certain 
fleet averages for HC and CO emissions. For example, the Phase 1 
standards required all snowmobile manufacturers to meet a fleet-wide 
average in 2007 of 275 g/kW-hr for CO and 100 g/kW-hr for HC, which 
represents a 30-percent reduction from the baseline emission rates for 
uncontrolled snowmobiles. Any particular make/model may emit more or 
less than the standard as long as the fleet average does not exceed the 
standard. Phase 2 and Phase 3 standards will be implemented in 2010 and 
2012, respectively, effectively requiring the equivalent of a 50% 
reduction in both HC and CO as compared to average baseline levels. By 
comparison, NPS requires that all snowmobiles operating in the Parks 
meet a FEL of 120 g/kW-hr for CO and 15 g/kW-hr for HC. This means that 
snowmobiles operating in the park represent the cleanest that are 
commercially available.
    To determine compliance with the sound emissions requirements, 
snowmobiles must be tested using SAE J192 test procedures (revised 
1985; or potentially as further revised and adapted for use by NPS). 
The NPS recognizes that the SAE updated these test procedures in 2003; 
however, the changes between the 2003 and 1985 test procedures could 
yield different measurement results. The sound emissions requirement 
was initially established using 1985 test procedures (in addition to 
information provided by industry and modeling). To ensure consistency 
in the test results, the NPS will at this time continue to use the 1985 
test. The SAE J192 (revised 1985) test also allows for a tolerance of 2 
dBA over the sound limit to account for variations in weather, snow 
conditions, and other factors. The NPS understands that an update to 
the 2003 J192 procedures may be underway, and the NPS will continue to 
evaluate these test procedures and possibly adopt them after these 
regulations are implemented. Other test methods could be approved by 
NPS on a case-by-case basis.
    Snowmobiles may be tested at any barometric pressure equal to or 
above 23.4 inches Hg uncorrected (as measured at or near the test 
site). This exception to the SAE J192 test procedures maintains 
consistency with the testing conditions used to determine

[[Page 60185]]

the sound requirement. This allowance for reduced barometric pressure 
is necessary since snowmobiles were tested at the elevation of 
Yellowstone National Park, where atmospheric pressure is lower than 
that under the SAE J192's requirements. Testing data indicate that 
snowmobiles test quieter at high elevation, and therefore some 
snowmobiles may comply with the NPS's sound emissions requirements at 
higher elevations even though they do not when tests are conducted near 
sea level.
    The NPS will annually publish a list of snowmobile makes, models, 
and years of manufacture that meet its emissions and sound 
requirements. Snowmobile manufacturers may demonstrate that snowmobiles 
are compliant with the air emissions requirements by submitting to the 
NPS a copy of their applications used to demonstrate compliance with 
EPA's general snowmobile regulation (indicating FEL). The NPS will 
accept this application information from manufacturers in support of 
conditionally certifying a snowmobile as meeting its air emissions 
requirements, pending ultimate review and certification by EPA at the 
same emissions levels identified in the application. Should EPA certify 
a snowmobile at an emission level that would no longer meet the NPS's 
requirements, this snowmobile would no longer be considered by NPS to 
be compliant with its requirements and would be phased out according to 
a schedule that will be determined by the NPS to be appropriate. For 
sound emissions, snowmobile manufacturers may submit their existing 
Snowmobile Safety and Certification Committee (SSCC) sound level 
certification form. Under the SSCC machine safety standards program, 
snowmobiles are certified by an independent testing company as 
complying with all SSCC safety standards, including sound standards. 
This regulation does not require the SSCC form specifically, as there 
could be other acceptable documentation in the future. The NPS will 
work cooperatively with the snowmobile manufacturers on appropriate 
documentation. The NPS intends to continue to rely on certified air and 
sound emissions data from the private sector rather than establish its 
own independent testing program. When the NPS certifies snowmobiles as 
meeting its requirements, it will announce how long that certification 
applies. Generally, each snowmobile model will be approved for entry 
into the parks for 6 winter seasons after it is first listed. Based on 
NPS experience, 6 years represents the typical useful life of a 
snowmobile, and thus 6 years provides purchasers with a reasonable 
length of time where operation is allowed once a particular model is 
listed as being compliant. It is also based on EPA snowmobile emission 
regulations and the deterioration factors that are part of those 
regulations (EPA requires that if a manufacturer certifies its 
snowmobile will comply with EPA's emission regulations, the snowmobile 
will meet those regulations for a period of 5 years or 5,000 miles). 
The NPS recognizes that some privately owned snowmobiles used 
predominantly for ice fishing on Jackson Lake may have relatively low 
mileages even after 6 years of use, and therefore may not have 
experienced the type of deterioration that would cause them to fail NPS 
air and sound emissions requirements. The certification period for 
snowmobiles being operated on Jackson Lake will still be considered to 
be 6 years, but it may be extended up to a total of 10 years as long as 
the snowmobile's mileage does not exceed 6,000 miles.
    Individual snowmobiles modified in such a way as to increase sound 
and air emissions of hydrocarbons (HC) and carbon monoxide (CO) beyond 
the proposed emission restrictions will be denied entry to the parks. 
It is the responsibility of end users to ensure that their oversnow 
vehicles, whether snowmobiles or snowcoaches, comply with all 
applicable restrictions.
    Snowmobiles being operated on the Grassy Lake Road will not be 
required to meet air and sound emissions requirements regardless of 
whether they originate travel at Flagg Ranch or in the national forest. 
In light of the relatively short length of this segment and the very 
limited amount of snowmobile use, the NPS has determined that the 
impacts of this use of snowmobiles that does not meet NPS air and sound 
emissions requirements are acceptable.
    Scientific studies and monitoring of winter visitor use and park 
resources will continue. If these studies indicate that human presence 
or activities have a substantial adverse effect on wildlife or other 
park resources that cannot otherwise be mitigated, as part of its 
adaptive management of winter use activities the NPS will close 
selected areas to visitor use. A one-year notice will ordinarily be 
provided before any such closure is implemented unless immediate 
closure is deemed necessary to avoid impairment of park resources. The 
Superintendent will continue to have the authority under 36 CFR 1.5 to 
take emergency actions to protect park resources or values.
    Snowmobiles will continue to be restricted to designated routes, 
which are either roads that are traveled by motor vehicles during the 
remainder of the year, or in the case of Jackson Lake, by motorboats 
during the summer.
    The NPS will close the Continental Divide Snowmobile Trail (CDST) 
as an oversnow vehicle route through most of Grand Teton and the 
Parkway. Experience over the past several winters strongly suggests 
that the minimal amount of use on this route would not substantially 
increase if it were to remain open, since much of the previous use of 
the CDST was associated with visitors traveling through to Yellowstone. 
The NPS recognizes that the guiding and air and sound emissions 
requirements for Yellowstone have contributed to a substantial 
reduction in the use of the CDST, since visitors have not been able to 
continue into Yellowstone without a guide and a snowmobile that meets 
the emissions requirements, as well as complying with the daily 
entrance caps.
    The NPS also recognizes, however, that snowmobile access to and 
from the Targhee National Forest is important to some visitors. While 
the CDST will no longer be maintained or designated for snowmobile use, 
the air and sound emissions requirements for the Grassy Lake Road will 
be removed beginning with the 2009-2010 winter season. Snowmobilers 
will be able to transport their machines by trailer between Moran and 
Flagg Ranch using plowed roads, in order to connect to the Grassy Lake 
Road and the national forest lands to the west of the Parkway. The 
daily entry limit of 25 is sufficient to accommodate the levels of use 
that have typically occurred in the past and those which are reasonably 
foreseeable.

Summary of and Responses to Public Comments

    The NPS published a proposed rule on November 5, 2008, (73 FR 
65784) and initially accepted public comments through November 20, 
2008. The comment period was reopened on July 24, 2009, and comments 
were accepted through September 8, 2009. Comments were accepted through 
the mail, hand delivery, and through the Federal eRulemaking Portal: 
http://www.regulations.gov. A total of 39,796 comment documents were 
received. Since the proposed rule was combined with rulemaking for 
winter use management in Yellowstone, many of the comments addressed 
issues primarily or entirely related to that park. The comments and 
responses below are those that were pertinent to the issues in Grand 
Teton and the Parkway.

[[Page 60186]]

Comments relevant to Yellowstone are included in a separate rulemaking.
    1. Comment: The NPS should not require the use of BAT snowmobiles 
on Jackson Lake.
    Response: The BAT requirement on Jackson Lake is important in 
mitigating the impacts of snowmobile use on Jackson Lake. Due to the 
large and unobstructed expanse of the frozen surface of the lake, sound 
from snowmobiles is able to propagate over long distances, and 
therefore could have a disproportionate impact on the natural 
soundscapes even at relatively low levels of use. The BAT requirement 
helps to mitigate that impact due to the reduced sound emissions 
compared to non-BAT snowmobiles, as well as the tonal qualities of the 
sound.
    2. Comment: The daily limits for snowmobile use on Jackson Lake and 
the Grassy Lake Road are too low.
    Response: The NPS recognizes that the levels of use on Jackson Lake 
in recent years may have been affected by the uncertainty over the 
winter use issue, and winter anglers may have been reluctant to 
purchase BAT snowmobiles. Should this reluctance diminish as a result 
of greater certainty regarding winter use management on Jackson Lake, 
some increase in BAT snowmobile use could be expected. In light of the 
amount of use in recent years, and after considering the historic 
levels of use on Jackson Lake, the NPS believes that the daily limits 
established will accommodate current and reasonably foreseeable future 
demand for snowmobile access on Jackson Lake. Similarly, the limits 
established for the Grassy Lake Road are sufficient to accommodate 
current use levels and those that are reasonably foreseeable.
    3. Comment: Since the level of use analyzed in the Selected 
Alternative is considered less than a significant impact, the decision 
would unnecessarily restrict snowmobile use with no resulting benefit 
for park resources.
    Response: The NPS believes that the snowmobile daily entry limits 
on Jackson Lake and the Grassy Lake Road are sufficient to accommodate 
current and reasonably foreseeable demand for use of those areas. At 
the same time, the NPS believes the Selected Alternative will be 
protective of park resources. The NPS is not obligated to increase the 
daily limits to a level that would be considered significant simply for 
the purpose of accommodating demand that may or may not be present. 
Should the need arise in the future, the NPS could revisit whether the 
daily entry limits should be adjusted.
    4. Comment: The NPS should use the ongoing monitoring of the 
effects of snowmobile use to determine the appropriate number of 
snowmobiles that can access Jackson Lake.
    Response: The Selected Alternative allows for an initial daily 
entry limit of 25 snowmobiles per day on Jackson Lake. This level of 
use is higher than the recent-years average of 3-5 snowmobiles per day, 
as well as the peak day of 17. The NPS believes that it is reasonable 
to expect that use will increase somewhat once the winter use 
management situation stabilizes, but does not have any information that 
suggests that the demand cannot be accommodated within the limits 
established in the Selected Alternative. Nevertheless, the decision 
allows for the entry limits to be adjusted up or down, not to exceed 40 
per day based on monitoring and adaptive management.
    5. Comment: The daily snowmobile limits on Jackson Lake and the 
Grassy Lake Road are too high in light of the low level of snowmobile 
use that has occurred in the Park and Parkway in recent years. The 
daily limits should be capped at current levels.
    Response: The daily limits proposed in the Selected Alternative are 
low enough to ensure that no significant impacts will occur, but high 
enough to accommodate a reasonable amount of increased use. The NPS 
recognizes that the levels of use on Jackson Lake in recent years may 
have been affected by the uncertainty over the winter use issue, and 
winter anglers may have been reluctant to purchase BAT snowmobiles.
    6. Comment: Snowmobile use should not be allowed on Jackson Lake 
because anglers can access the lake by non-motorized means, and because 
snowmobiles leave behind pollutants.
    Response: Due to the large size of Jackson Lake, most of it would 
be inaccessible without the some form of motorized access.
    7. Comment: Snowmobiles should not be allowed on Jackson Lake 
because they leave behind pollutants that enter the lake when the ice 
melts.
    Response: The requirement that snowmobiles meet BAT requirements, 
combined with the daily entry limits, will result in negligible levels 
of pollutants entering the waters of Jackson Lake.
    8. Comment: The Continental Divide Snowmobile Trail (CDST) through 
Grand Teton and the Parkway should be kept open. It is an important 
link between popular snowmobile touring opportunities portions of the 
CDST outside the park and in the Island Park/West Yellowstone areas.
    Response: In recent years, use of the CDST through the parks was 
extremely low--in the neighborhood of 15 snowmobiles per season. 
Although use levels were higher than that prior to the initiation of 
guiding and BAT requirements in Yellowstone, the amount of use has 
always been modest. The amount of use on the CDST does not warrant the 
cost of continuing to construct and maintain the trail each year. Since 
BAT snowmobiles will no longer be required on the Grassy Lake Road, 
those wishing to complete a long-distance tour between other parts of 
the CDST and the Island Park/West Yellowstone areas will be able to 
trailer their snowmobiles through the parks to Flagg Ranch and continue 
traveling the trail from there.
    9. Comment: The Continental Divide Snowmobile Trail between Moran 
Junction and Flagg Ranch should be discontinued.
    Response: The CDST will no longer be designated or maintained for 
snowmobile use.
    10. Comment: Implementation of a long-term plan for Grand Teton and 
the Parkway, while putting in place an interim plan for Yellowstone 
will cause further confusion and uncertainty for the public.
    Response: Separate decisions regarding Yellowstone, Grand Teton, 
and the Parkway are not expected to create confusion and uncertainty. 
The oversnow vehicle use allowed under the Selected Alternative at 
Grand Teton and the Parkway is separate and distinct from that which 
occurs in Yellowstone. The use of snowmobiles on Jackson Lake for ice 
fishing has no connection with opportunities for touring Yellowstone, 
nor does use of the Grassy Lake Road. A long-term decision for Grand 
Teton and the Parkway will alleviate the existing confusion and 
uncertainty regarding winter use management in those two areas.
    11. Comment: Snowmobiles should not be allowed on the Grassy Lake 
Road.
    Response: The Grassy Lake Road within the Parkway is the 
easternmost segment of an approximately 40-mile route that extends from 
near Ashton, Idaho, to Flagg Ranch, mostly within the Targhee National 
Forest. Within the national forest, there are many opportunities for 
winter recreation, including snowmobile touring. Allowing snowmobile 
use on the portion of the Grassy Lake Road within the Parkway provides 
opportunities for visitors to the national forest to access the 
services available at Flagg Ranch, including emergency notification, 
and for visitors to access the adjacent national forest lands from 
Flagg Ranch.

[[Page 60187]]

    12. Comment: The NPS should implement a winter shuttle service that 
would haul non-BAT snowmobiles through Grand Teton and Yellowstone so 
that tours to West Yellowstone would be possible without a long side 
trip through Island Park.
    Response: The NPS would consider proposals from a potential service 
provider for such a service.
    13. Comment: The EA did not include a sufficient range of 
alternatives.
    Response: As discussed in the purpose and need for the 2008 EA, 
this EA and rulemaking considered only those options that would have 
allowed the NPS to open the parks for an interim period without causing 
major impacts. NPS did not examine options that it knew, based on 
previous analyses, modeling data, or monitoring data, would cause major 
impacts. Such impacts must first be analyzed in an EIS. In order to 
ensure that some motorized access could occur for the upcoming winter, 
NPS proposed an approach it believed could likely be supported by a 
Finding of No Significant Impact, which required that no major impacts 
from the decision could be experienced.
    14. Comment: The decision to permanently allow snowmobile use in 
Grand Teton and the Parkway will impact future long-term decisions 
regarding winter access into Yellowstone.
    Response: The snowmobile use authorized in Grand Teton and the 
Parkway is distinct and separate from oversnow vehicle access into 
Yellowstone. The plan for Grand Teton and the Parkway allows a limited 
amount of snowmobile access for ice fishing on Jackson Lake, and for 
use of the Grassy Lake Road between Flagg Ranch and the Targhee 
National Forest. Neither of these uses has any bearing on winter access 
into Yellowstone.
    15. Comment: The comment period on the EA was too short.
    Response: The EA and proposed rule were available for public 
comment for nearly concurrent 15-day periods ending on November 17, 
2008, and November 20, 2008, respectively. The lengths of the comment 
periods were based on the time constraints that existed at the time, 
because NPS was attempting to complete a NEPA and rulemaking process in 
time for the 2008-2009 winter season. Subsequent events made it 
possible for NPS to reopen the proposed rule for an additional 45 days 
of public comment in July 2009. The issues are largely the same, and 
the NPS considered all of the comments made during both comment periods 
in the NEPA process.
    16. Comment: By releasing a proposed rule contemporaneously with 
the 2008 EA, the NPS indicated that it had already made a decision 
regarding the outcome of the EA.
    Response: Publication of the proposed rule did not prejudge or 
commit the NPS to a course of action since it was not a final rule. The 
rule could be altered any time prior to publication of a final rule in 
the Federal Register.
    17. Comment: The NPS should disclose the amount of Federal funds 
that have been spent on winter use planning for the parks.
    Response: Since 1997, the NPS has spent over $11 million on 
planning for winter use management in Yellowstone, Grand Teton, and the 
Parkway.
    18. Comment: The No-action alternative in the EA (Alt 1--Eliminate 
Motorized Recreational Oversnow Travel) was incorrect because it should 
have represented the ``current level of activity,'' meaning the daily 
entry limits that had been in effect the previous four winters.
    Response: When the 2008 EA was prepared, the 2007 rule had been 
vacated. No snowmobile or snowcoach use would have been authorized 
without action by the NPS, because the authorizations in the 2004 rule 
had expired pursuant to the sunset date provisions. After the 2008 EA 
was issued, the U.S. District Court for the District of Wyoming 
reinstated the 2004 rule without the sunset clauses, and as a result, 
up to 720 snowmobiles per day were allowed for the winter of 2008-09. 
Due to a pending appeal, there is still uncertainty regarding that 
reinstatement. As explained above, there has been no current NEPA 
analysis or other determination that use at the levels authorized under 
that regulation is consistent with the NPS's statutory and other 
mandates. Accordingly, the No Action Alternative analyzed in the 2008 
EA represents a more logical and useful benchmark against which impacts 
can be compared, and therefore continues to better satisfy the purposes 
of the no action alternative under NEPA.
    19. Comment: The NPS has no basis for reducing the number of 
snowmobiles allowed on Jackson Lake from 40 per day to 25.
    Response: The rule provides an initial limit of 25 per day, but 
allows up to 40. The initial limit is sufficient to accommodate the 
amount of use that has been occurring in recent years, and the 
potentially higher limit of 40 is sufficient to accommodate reasonably 
foreseeable increases in fishing/snowmobiling demand.
    20. Comment: The impacts associated with the use of snowmobiles 
violate the NPS Organic Act prohibition on the impairment of park 
resources.
    Response: As described in the EA and FONSI, the impacts associated 
with the limited and carefully regulated use of snowmobiles under the 
Selected Alternative do not constitute impairment of park resources or 
cause unacceptable impacts.
    21. Comment: The NPS must take into account its obligation to seek 
to perpetuate the best possible air quality in the parks.
    Response: The limited amount of snowmobile use permitted in the 
Selected Alternative will have negligible impacts on the air quality of 
the parks.
    22. Comment: The NPS should continue operating the parks under the 
2004 rules.
    Response: The 2004 rules were reinstated by the U.S. District Court 
for the District of Wyoming and were intended to provide guidance until 
such time as the NPS could promulgate new rules. Continued operation 
under the reinstated rule would lead to uncertainty, as a result of 
pending litigation in both the U.S. Court of Appeals for the Tenth 
Circuit and the U.S. District Court for the District of Columbia. In 
addition, there has been no current NEPA analysis or other 
determination that the use levels authorized under that regulation are 
consistent with the NPS's statutory and other mandates.
    23. Comment: The NPS should delay implementation of any new rules 
for one season in order to minimize confusion.
    Response: The NPS is currently managing winter use activities under 
a 2004 rule that was reinstated by the U.S. District Court for the 
District of Wyoming. Continued operation under that rule would lead to 
uncertainty, as a result of pending litigation in both the U.S. Court 
of Appeals for the Tenth Circuit and the U.S. District Court for the 
District of Columbia. In addition, there has been no current NEPA 
analysis or other determination that the use levels authorized under 
that regulation are consistent with the NPS's statutory and other 
mandates. In order to ensure that the Park and Parkway are open to 
oversnow vehicle use for the winter of 2009-2010, the NPS believes it 
is prudent to implement the Selected Alternative prior to the start of 
the season.
    24. Comment: The NPS general regulation on snowmobiles, 36 CFR 
2.18, requires that snowmobiles may only be allowed where they will not 
disturb wildlife.

[[Page 60188]]

    Response: Winter use has some small and occasional effects on 
wildlife, just like every other form of visitor use of the park, but 
the impacts are expected to be acceptable, and are a necessary and 
unavoidable consequence of an appropriate use. Taking or intentionally 
disturbing wildlife are prohibited by the NPS's general regulations on 
natural resource preservation and wildlife protection, 36 CFR 2.1, 2.2. 
Section 2.18, which addresses the use of snowmobiles in the National 
Park System, requires that routes for snowmobile use may only be 
designated where the use will not disturb wildlife, but in doing so 
does not establish a different standard than sections 2.1 and 2.2. The 
wildlife responses to normal snowmobile use that are expected to occur 
do not cause the taking, frightening, or intentional disturbance that 
is prohibited by NPS regulations.
    25. Comment: The NPS has not provided a reasoned explanation for 
its adaptive management thresholds and their consistency with its 
mandates.
    Response: The adaptive management thresholds are a management tool 
only; they do not represent the unacceptable impacts or impairment 
thresholds described in section 1.4 of the Management Policies. Rather, 
they are a conservative measure used to alert the NPS manager that 
additional attention to a particular park resource or value is merited. 
By reacting to the exceedance of a conservative adaptive management 
threshold, NPS can seek to ensure that no unacceptable impacts or 
impairment occur.
    26. Comment: The NPS should require winter users to maintain a 100 
meter distance from animals when stopping.
    Response: The NPS requires visitors to stay at least 100 yards (91 
meters) away from bears and wolves, and at least 25 yards (21 meters) 
away from all other animals.
    27. Comment: Promulgation of a long-term rule for winter use 
management at Grand Teton and the Parkway is a major Federal action 
pursuant to NEPA and should have required the preparation of an 
environmental impact statement.
    Response: As disclosed in the 2008 environmental assessment and 
2009 Finding of No Significant Impact, the Selected Alternative (and 
its implementation in the final rule) is not an action that normally 
requires the preparation of an environmental impact statement. Nor will 
it have a significant effect on the human environment. Environmental 
impacts that could occur are limited in context and intensity, with 
generally adverse impacts that range from localized to widespread, 
short- to long-term, and negligible to minor. As discussed in the EA, 
impacts would have to rise to the level of major to be considered 
significant, and these impacts fall well short of major impacts. There 
are no unmitigated adverse effects on public health, public safety, 
threatened or endangered species, sites or districts listed in or 
eligible for listing in the National Register of Historic Places, or 
other unique characteristics of the region. No highly uncertain or 
controversial impacts, unique or unknown risks, significant cumulative 
effects, or elements of precedence were identified. Implementation of 
the action will not violate any Federal, State, or local environmental 
protection law. Based on the foregoing, it has been determined that an 
EIS is not required for this project.
    28. Comment: The NPS should allow the Wyoming Game and Fish 
Department to use non-BAT snowmobiles to access Jackson Lake.
    Response: When the use of BAT snowmobiles is unsafe or impractical, 
or the use of non-BAT snowmobiles is otherwise necessary for the proper 
administration of the park, the Superintendent may allow NPS and other 
authorized parties to use non-BAT snowmobiles for specialized 
administrative purposes, such as law enforcement, search and rescue, or 
other management functions.

Changes to the Final Rule

    After taking the public comments into consideration and after 
additional internal review, several changes were made to the final 
rule, in addition to non-substitutive editorial changes made to improve 
clarity of the rule. These changes are as follows:
    First, paragraphs 7.21(a)(2) and 7.22(g)(2) for the Parkway and 
Grand Teton have been revised to fully describe all of the terms that 
are necessary to know, rather than simply referencing those terms in 
the corresponding section of the Yellowstone rule, Sec.  7.13(l).
    Second, paragraph 7.21(a)(4) was revised to eliminate the 
descriptions for snowcoach air emissions requirements. The revision 
does not necessarily remove emissions requirements, however, because 
any snowcoach use in the Parkway will only be pursuant to a concessions 
contract with Yellowstone National Park, and snowcoaches will be 
required to meet any emissions requirements in the Yellowstone 
regulations at Sec.  7.13(l).
    Third, paragraphs 7.21(a)(5) and (6) regarding the models of 
snowmobiles that may be operated in the Parkway, along with snowmobile 
air and sound emissions requirements, were deleted and subsequent 
paragraphs were renumbered accordingly. The revision simply reflects 
the fact that snowmobile trips into Yellowstone through the South 
Entrance of the park begin and end at Flagg Ranch, and that all use of 
the two-mile route between Flagg Ranch and the South Entrance is in 
conjunction with those trips. Therefore, the final rule specifies at 
paragraph 7.21(a)(5) that snowmobiles traveling along the route between 
Flagg Ranch and the South Entrance must meet any air and sound 
emissions requirements and other conditions described in the 
Yellowstone regulations at Sec.  7.13(l). The proposed rule did not 
include any air and sound emissions requirements for the Grassy Lake 
Road, and therefore the revision does not affect snowmobiles using that 
route.
    Fourth, paragraph 7.21(a)(10), renumbered as 7.21(a)(8), was 
revised to remove the table showing snowmobile and snowcoach daily 
limits and simply describe those limits in the text. The revision also 
specifies that the daily entry limits for snowmobiles and snowcoaches 
on the route from Flagg Ranch to the South Entrance of Yellowstone are 
established in Sec.  7.13(l).

Summary of the Economic Analysis

    NPS analyzed the potential costs and benefits associated with the 
Selected Alternative as compared to the baseline conditions. The 
baseline conditions for this regulatory action are influenced by recent 
court decisions. When the Environmental Analysis was issued in 2008, 
the 2007 winter use regulation had been vacated and the authorization 
for snowmobile access in the 2004 winter use regulation had expired 
pursuant to its sunset provision. Thus, without regulatory action by 
NPS at that time, no snowmobile access would have been permitted, 
wheeled vehicle travel would have continued on roads that had been 
traditionally plowed, and the Park would have been open to skiing and 
snowshoeing.
    However, in November 2008 the Wyoming District Court ordered the 
reinstatement of the 2004 regulation, without its sunset provision, 
until NPS promulgates an acceptable regulation to take its place. The 
result of that decision is the continued authorization for snowmobile 
access as provided by the 2004 regulation. While there has been no 
current NEPA analysis or other determination that snowmobile use at the 
levels authorized under that regulation is consistent with NPS 
statutory and other mandates, these conditions describe baseline for 
purposes of this regulatory analysis.

[[Page 60189]]

    NPS has considered the Selected Alternative vis-[agrave]-vis these 
baseline conditions and determined that the resulting changes in winter 
season visitation will be de minimis. For example, in Grand Teton 
National Park, snowmobile use on Jackson Lake in recent years has 
averaged less than five machines per day. On a few days, snowmobile use 
has involved approximately 10 machines, and approximately 19 machines 
on the peak use day. On Grassy Lake Road, snowmobile use has typically 
been no more than five to 10 machines per day, and often less. Some 
increases beyond these levels may occur if uncertainty about authorized 
use levels is reduced by this regulatory action. However, such 
increases would be expected only gradually, if at all. The Selected 
Alternative will initially permit 25 snowmobiles per day on the Lake 
for ice fishing access, and as many as 40 snowmobiles per day if 
monitoring indicates acceptable resource impacts. Therefore, the 
Selected Alternative is not considered binding on snowmobile use within 
the Parks and any changes in visitation from the baseline conditions 
would likely be imperceptible.
    Given that, NPS believes the incremental benefits and costs 
associated with the Selected Alternative are essentially zero for both 
visitors and businesses alike. Therefore, NPS estimates zero net 
benefits (benefits minus costs) as a result of the Selected 
Alternative.
    NPS also analyzed the potential economic impacts of the Selected 
Alternative on small entities, considering the potential changes in 
business revenue that could occur under that alternative relative to 
the baseline conditions. As noted above, NPS believes that any changes 
in winter season visitation in the Parks resulting from the Selected 
Alternative will be de minimis. Therefore, NPS also believes that any 
revenue impacts on small entities will also be de minimis. 
Additionally, NPS notes that most of the visitors potentially affected 
by the Selected Alternative reside in the local area, and that these 
visitors do not utilize local hotels, restaurants, or other businesses 
to the extent that those coming from outside the GYA would. Therefore, 
NPS does not believe that significant impacts to a substantial number 
of small entities will occur as a result of the Selected Alternative. 
Given that, NPS has determined that the Selected Alternative will have 
de minimis impacts on the affordability or viability of local 
businesses, small or large.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and the Office of 
Management and Budget has not reviewed this rule under Executive Order 
12866. We have made the assessments required by E.O. 12866 and the 
results are given below.
    (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 
Analyses: Selected Winter Use Plan for Grand Teton National Park and 
John D. Rockefeller, Jr., Memorial Parkway'' (Peacock, September 2009).
    (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 snowmobiles within 
specific units of the National Park System. No grants or other forms of 
monetary supplement are involved.
    (4) While the NPS has been the subject of numerous lawsuits 
regarding winter use management, this rule does not raise novel legal 
or policy issues.

Regulatory Flexibility Act

    The NPS has determined that this regulatory action will not have a 
significant effect on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This conclusion is 
based on the report ``Economic Analyses: Selected Winter Use Plan for 
Grand Teton National Park and John D. Rockefeller, Jr., Memorial 
Parkway'' (Peacock, September 2009).

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. This conclusion is based on the report ``Economic Analyses: 
Selected Winter Use Plan for Grand Teton National Park and John D. 
Rockefeller, Jr., Memorial Parkway'' (Peacock, September 2009).
    (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 immediate area surrounding Grand Teton 
National Park and the John D. Rockefeller, Jr. Memorial Parkway, 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)

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications. Access to private property 
located within or adjacent to the parks will still be afforded the same 
access during winter as before this rule. No other property is 
affected.

Federalism (Executive Order 13132)

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

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Paperwork Reduction Act

    This rule does not contain information collection requirements,

[[Page 60190]]

and a submission under the Paperwork Reduction Act (PRA) is not 
required.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. We have prepared an 
Environmental Assessment (Winter Use Plans Environmental Assessment, 
November 2008) under the National Environmental Policy Act of 1969. A 
Finding of No Significant Impact (FONSI) has also been completed. The 
EA and FONSI are available for review by contacting the 
Superintendent's Office at Grand Teton National Park, or can be found 
online at: http://www.nps.gov/grte/parkmgmt/planning.htm.

Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in Executive Order 13175, we have evaluated this 
rule and determined that it has no potential effects on Federally 
recognized Indian Tribes. Numerous Tribes in the area were consulted, 
however, in the development of the previous NEPA processes. Their major 
concern was to reduce the adverse effects on wildlife by snowmobiles. 
This rule does that by limiting the numbers of snowmobiles allowed and 
authorizing such use only in areas where wildlife is not abundant 
during the winter.

Information Quality Act

    In developing this rule NPS did not conduct or use a study, 
experiment, or survey requiring peer review under the Information 
Quality Act (Pub. L. 106-554).

Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Administrative Procedure Act

    Comment periods on the proposed rule were provided from November 5, 
2008, through November 20, 2008, and from July 24, 2009, to September 
8, 2009, for a total of 60 days.
    This rule is effective on December 15, 2009. The National Park 
Service recognizes that new rules ordinarily go into effect thirty days 
after publication in the Federal Register. For this regulation, 
however, we have determined under 5 U.S.C. 553(d) and 318 DM 6.25 that 
this rule should be effective on December 15, 2009, the traditional 
date for commencement of the park's winter use season. This rule 
implements the winter use plans for Grand Teton National Park and the 
John D. Rockefeller, Jr. Memorial Parkway and relieves the restrictions 
on the use of snowmobiles that would exist in its absence. In addition, 
good cause exists for the effective date of December 15, 2009, for the 
following reasons:
    (1) The NPS has in good faith publicly stated that the 2009-2010 
winter season for Grand Teton National Park and the John D. 
Rockefeller, Jr. Memorial Parkway would commence on December 15, 2009, 
and the public and businesses have made decisions based on the 
widespread public knowledge of this opening date.
    (2) The finding of no significant impact for this rule was signed 
on October 15, and was made available to the public for 30 days prior 
to the signing of this rule. By December 15, the public therefore will 
have had more than 60 days notice of the NPS decision.
    (3) There would be no benefit to the public in delaying the 
effective date of this rule, given that there has already been 
substantial notice of the opening date and that the park will be open 
under conditions substantially similar to those in effect for the past 
three years. The above-described harms to the public resulting from a 
procedural delay of this rule should therefore be avoided, and an 
effective date of December 15, 2009, is warranted.
    Drafting Information: The primary authors of this regulation are 
Gary Pollock, Management Assistant, Grand Teton National Park; John 
Sacklin, Management Assistant, Yellowstone National Park; Jason 
Waanders, Office of the Solicitor, and Philip Selleck, Regulations 
Program Manager, National Park Service, Washington, DC.

List of Subjects in 36 CFR Part 7

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

0
For the reasons given in the preamble, 36 CFR Part 7 is amended as set 
forth below:

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

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

    Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued 
under DC Code 10-137(2001) and DC Code 50-2201 (2001).

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


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

    (a)(1) What is the scope of this section? The regulations contained 
in paragraphs (a)(2) through (a)(17) of this section apply to the use 
of snowcoaches and recreational snowmobiles. Except where indicated, 
paragraphs (a)(2) through (a)(15) 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 
(a)(2) also apply to non-administrative oversnow vehicle use by NPS, 
contractor, or concessioner employees, and other non-recreational users 
authorized by the Superintendent.
    Commercial guide means a guide who operates a snowmobile or 
snowcoach 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.''
    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 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 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.
    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

[[Page 60191]]

which may be steered by a ski or skis in contact with the snow.
    Snowplane means a self-propelled vehicle intended for oversnow 
travel and driven by an air-displacing propeller.
    (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? 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.
    (5) 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) On U.S. Highway 89/191/287 from Flagg Ranch to the northern 
boundary of the Parkway.
    (B) Grassy Lake Road from Flagg Ranch to the western boundary of 
the Parkway.
    (C) Flagg Ranch developed area.
    (ii) The Superintendent may open or close these routes, or portions 
thereof, for snowmobile travel after taking into consideration the 
location of wintering wildlife, appropriate snow cover, public safety, 
and other factors. The Superintendent will provide notice of such 
opening or closing by one or more of the methods listed in Sec.  1.7(a) 
of this chapter.
    (iii) The route described in paragraph (a)(5)(i)(A) of this section 
is subject to the air and sound emissions requirements, guiding 
requirements, and daily entry limits described in Sec.  7.13(l) of this 
part.
    (iv) This paragraph (a)(5) also applies to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (v) Maps detailing the designated oversnow routes will be available 
from Park Headquarters.
    (6) What routes are designated for snowcoach use? (i) Authorized 
snowcoaches may only be operated on the routes designated for 
snowmobile use in paragraphs (a)(6)(i)(A) and (C) of this section. No 
other routes are open to snowcoach use, except as provided in 
(a)(6)(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) The routes described in paragraph (a)(6)(i) of this section 
are subject to the air and sound emissions requirements and daily entry 
limits in Sec.  7.13(l) of this part.
    (iv) This paragraph (a)(6) also applies to non-administrative 
snowcoach use by NPS, contractor, or concessioner employees, or other 
non-recreational users authorized by the Superintendent.
    (7) Must I travel with a commercial guide while snowmobiling in the 
Parkway? Except as may be required under paragraph (a)(5)(iii) of this 
section, you are not required to use a guide while snowmobiling in the 
Parkway.
    (8) Are there limits established for the numbers of snowmobiles and 
snowcoaches permitted to operate in the Parkway each day? (i) A limit 
of 25 snowmobiles per day applies to the Grassy Lake Road.
    (ii) The daily entry limits for snowmobiles and snowcoaches on the 
route from Flagg Ranch to the South Entrance of Yellowstone are 
established in Sec.  7.13(l) of this part.
    (9) 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.
    (10) 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)(10) also applies to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (11) 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

[[Page 60192]]

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)(11) also applies to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (12) Do other NPS regulations apply to the use of oversnow 
vehicles? (i) The use of oversnow vehicles in the Parkway is subject to 
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)(12) also applies to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (13) Are there any forms of non-motorized oversnow transportation 
allowed in the Parkway? (i) Non-motorized travel consisting of skiing, 
skating, snowshoeing, or walking is permitted unless otherwise 
restricted under this section or other NPS regulations.
    (ii) The Superintendent may designate areas of the Parkway as 
closed, reopen such areas, or establish terms and conditions for non-
motorized travel within the Parkway in order to protect visitors, 
employees, or park resources. Notice will be made in accordance with 
Sec.  1.7(a) of this chapter.
    (14) May I operate a snowplane in the Parkway? The operation of a 
snowplane in the Parkway is prohibited.
    (15) Is violating any of the provisions of this section prohibited? 
(i) Violating any of the terms, conditions or requirements of 
paragraphs (a)(3) through (a)(14) of this section is prohibited.
    (ii) Anyone who violates any of the terms, conditions or 
requirements of this regulation will be considered to have committed 
one separate offense for each term, condition or requirement that they 
violate.
    (b) [Reserved]

0
3. 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 over-snow vehicle use by NPS, contractor, or 
concessioner employees, or other non-recreational users authorized by 
the Superintendent.
    (2) What terms do I need to know? The definitions in this paragraph 
(g)(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 Grand Teton National Park? You 
may operate a snowmobile in Grand Teton National Park in compliance 
with use limits, operating hours and dates, equipment, and operating 
conditions established under this section. The Superintendent may 
establish additional operating conditions and provide notice of those 
conditions in accordance with Sec.  1.7(a) of this chapter or in the 
Federal Register.
    (4) May I operate a snowcoach in Grand Teton National Park? It is 
prohibited to operate a snowcoach in Grand Teton National Park except 
as authorized by the Superintendent.
    (5) Must I operate a certain model of snowmobile in the park? Only 
commercially available snowmobiles that meet NPS air and sound 
emissions requirements as set forth in this section may be operated in 
the park. The Superintendent will approve snowmobile makes, models, and 
years of manufacture that meet those requirements. Any snowmobile model 
not approved by the Superintendent may not be operated in the park.
    (6) How will the Superintendent approve snowmobile makes, models, 
and years of manufacture for use in Grand Teton National Park? (i) 
Beginning with the 2005 model year, all snowmobiles must be certified 
under 40 CFR Part 1051, to a Family Emission Limit no greater than 15 
g/kW-hr for hydrocarbons and to a Family Emission Limit no greater than 
120 g/kW-hr for carbon monoxide.
    (A) 2004 model year snowmobiles may use measured air emissions 
levels (official emission results with no deterioration factors 
applied) to comply with the air emission limits specified in paragraph 
(g)(6)(i) of this section.
    (B) Snowmobiles manufactured before the 2004 model year may be 
operated only if they have shown to have air emissions no greater than 
the requirements identified in paragraph (g)(6)(i) of this section.
    (C) The snowmobile test procedures specified by EPA (40 CFR parts 
1051 and 1065) must be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent procedures may be used for 
earlier model years.
    (ii) For sound emissions, snowmobiles must operate at or below 73 
dBA as measured at full throttle according to Society of Automotive 
Engineers J192 test procedures (revised 1985). Snowmobiles may be 
tested at any barometric pressure equal to or above 23.4 inches Hg 
uncorrected. The Superintendent may revise these testing procedures 
based on new information and/or updates to the SAE J192 testing 
procedures.

[[Page 60193]]

    (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 upon the frozen water surface of Jackson Lake, 
a route established in accordance with Sec.  2.18(c) of this chapter, 
under the following conditions:
    (A) You are ice fishing, and licensed or otherwise permitted to 
fish in Wyoming;
    (B) You possess the proper fishing gear; and
    (C) You limit your snowmobile travel to a direct route to and from 
and between 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 route 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) The number of 
snowmobiles allowed to operate in the park each day on Jackson Lake is 
25.
    (ii) The Superintendent may adjust this number up or down, not to 
exceed a daily limit of 40 snowmobiles, after taking into consideration 
the location of wintering wildlife, appropriate snow cover, noise 
monitoring results, public safety and other factors. The Superintendent 
will provide notice of such adjustment 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:
    (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.  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?

[[Page 60194]]

Reasonable and direct access, via snowmobile, to adjacent public lands 
will continue to be permitted on the designated routes through the park 
identified in the following paragraphs (g)(16)(i) through (iv). 
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. 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) From the 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 ``Townsend 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 ``Macmahon 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. 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 
(i) Violating any of the terms, conditions or requirements of 
paragraphs (g)(3) through (g)(19) of this section is prohibited.
    (ii) Anyone who violates any of the terms, conditions or 
requirements of this regulation will be considered to have committed 
one separate offense for each term, condition or requirement that they 
violate.

    Dated: November 16, 2009.
Thomas L Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-27894 Filed 11-17-09; 4:15 pm]
BILLING CODE 4310-CX-P