[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61266-61269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25394]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD75


Special Regulations; Areas of the National Park System, Grand 
Teton National Park, Bicycle Routes, Fishing and Vessels

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule designates certain multi-use pathways in Grand Teton 
National Park (Park) as routes for bicycle use. National Park Service 
(NPS) regulations require issuance of a special regulation to designate 
bicycle routes that are located off park roads and outside developed 
areas. The first two segments of a planned multi-use pathway system 
have been constructed and are generally located within 50 feet of 
existing park roads. Separating bicycle traffic from lanes used for 
motor vehicle travel will reduce real and perceived safety hazards, 
which will enhance opportunities for non-motorized enjoyment of the 
park and encourage the use of alternate transportation. This rule also 
revises NPS special regulations regarding fishing and vessels in 
certain Park waters to reflect current operating practices and 
management objectives.

DATES: This regulation is effective November 3, 2011.

FOR FURTHER INFORMATION CONTACT: Gary M. Pollock, Management Assistant, 
Grand Teton National Park, 307-739-3428.

SUPPLEMENTARY INFORMATION:

Background

    Grand Teton National Park is located in northwest Wyoming and 
encompasses approximately 310,000 acres. Located just south of 
Yellowstone National Park, Grand Teton is at the heart of the Greater 
Yellowstone Ecosystem, and includes the iconic mountains of the Teton 
Range, the broad valley of Jackson Hole, numerous lakes, and a 40-mile 
segment of the Snake River. The park was originally established in 
1929, but at that time included only the mountains and several of the 
lakes at their base. In 1943, Jackson Hole National Monument was 
established by presidential proclamation, including much of the valley 
to the east of the mountains. In 1950, Congress combined the 1929 park 
and the national monument into the present-day national park.
    The Park supports diverse and abundant populations of wildlife, and 
is world renowned for its opportunities to view elk, moose, bison, 
pronghorn, grizzly and black bears, grey wolves, and coyotes. Other 
species such as trumpeter swans, bald eagles, and many species of 
waterfowl and small mammals are also abundant.
    Visitors to the Park typically participate in several types of 
activities, including: scenic touring, viewing wildlife, hiking, 
mountain climbing, fly fishing, float trips, bicycling, and other forms 
of recreation consistent with enjoyment of the Park's resources. The 
Park includes several major developed areas, five campgrounds, almost 
200 miles of hiking trails, 140 miles of paved roads, and 70 miles of 
unpaved roads. Visitation to the Park has remained relatively constant 
over the last decade averaging approximately 2.5 million recreational 
visitors, mostly between the months of May and September.
    In April 2000, the Park undertook a transportation study to collect 
basic information regarding transportation issues in the Park. The 
study subsequently served as a foundation for a transportation planning 
process that was initiated in September 2001. The Transportation Plan/
Final Environmental Impact Statement (FEIS) was released in September 
2006. A Record of Decision (ROD) selecting Alternative 3a was signed on 
March 12, 2007, and a notice of the decision was published in the 
Federal Register on April 24, 2007 (72 FR 20365). A full description of 
the alternatives that were considered, the environmental impacts 
associated with the project, and public involvement can be found online 
at http://www.nps.gov/grte/parkmgmt/tranplan.
    Although the planning effort and ROD addressed a variety of 
transportation-related issues, a major focus was on the development of 
a system of multi-use pathways to improve opportunities for non-
motorized activities within the Park. Bicycling has become increasingly 
popular in the Park, and many visitors and others who commented during 
the planning process expressed concerns over the risks that are present 
when bicycles and motor vehicles share the road. Commenters often noted 
that this was particularly true for families with young children and 
visitors who are not experienced bicyclists.
    Among the issues that were raised during the planning process were 
the potential effects of the pathway system on the park's wildlife. 
Although wildlife is abundant and often visible from park roads, it is 
well documented that animals respond differently to the presence of 
pedestrians and bicyclists than they do to motor vehicle traffic. The 
potential for reducing the effectiveness of habitat and displacing 
wildlife from areas located near the pathways was a significant concern 
for many individuals and organizations that commented during the 
planning process. Furthermore, in light of the Park's abundant 
wildlife, concerns were raised regarding the potential for surprise and 
potentially dangerous encounters between bicyclists and large animals, 
including grizzly bears.
    The ROD sets forth the Park's decision for the development of an 
extended system of multi-use pathways within the park. The system will 
include 39 miles of pathways between the south park boundary and Colter 
Bay via the Teton Park Road, as well as a 3-mile segment along the 
Moose-Wilson Road between the Granite Canyon Entrance and the Laurance 
S. Rockefeller Preserve. In general, pathways will be constructed 
within 50 feet of the road, except that the segments between North 
Jenny Lake Junction and Colter Bay, and along the Moose-Wilson Road 
will be constructed in very close proximity to the roads, generally 
within the existing engineered and previously disturbed road corridors.
    The preferred alternative in the FEIS, subsequently adopted in the 
ROD, addressed the concerns regarding wildlife through a combination of 
research and monitoring, construction phasing, and the requirement that 
certain portions of the pathway system would be constructed within the 
existing road corridors. Specifically, the ROD includes a significant 
emphasis on wildlife research and monitoring to provide a detailed 
understanding of the effects of pathway development. Monitoring and 
research activities began in 2007 to provide a pre-construction 
baseline, and continued through 2010. The phased approach to 
construction of the pathway system will allow information obtained from 
the research and monitoring program to be integrated into the design 
and operation of future pathway segments.
    The first phase of pathways was constructed during the summer and 
fall of 2008. These segments extend from

[[Page 61267]]

the Dornan's inholding near Park headquarters in Moose along the Teton 
Park Road to the South Jenny Lake area, a distance of approximately 8 
miles. Additional segments may be constructed and designated as funds 
become available.

Rationale for the Final Rule

    This rule complies with 36 CFR 4.30, which requires the NPS to 
designate bicycle routes outside of developed areas through the 
promulgation of a special regulation. Section 4.30 further specifies 
that such routes may be designated only upon ``* * * a written 
determination that such use is consistent with the protection of a park 
area's natural, scenic and aesthetic values, safety considerations and 
management objectives and will not disturb wildlife or park 
resources.'' The Superintendent has made such a determination and found 
that the designation of the pathway segments between Moose and South 
Jenny Lake as a route for bicycle use is consistent with the 
requirements of 36 CFR 4.30.
    This rule also makes several changes to the special regulations for 
the Park, as set forth in 36 CFR 7.22, to reflect current operating 
practices and changes to the Park's land status. The rule closes Phelps 
Lake to the operation of motor boats, consistent with all other 
backcountry lakes in the Park. This change is prompted by the change in 
land status for the area surrounding the southern half of the lake.
    Prior to November 2007, these lands were a private inholding within 
the park known as the JY Ranch, owned by Laurance S. Rockefeller and, 
subsequent to his death, by his estate. The property functioned as a 
family guest ranch and retreat for the Rockefeller family since the 
1930s, where guests typically engaged in activities such as hiking, 
horseback riding, and boating on Phelps Lake. The ranch included a 
boathouse on the lakeshore where motorboats were kept during the 
summer. The Park's special regulations authorized the use of motorboats 
on Phelps Lake, thereby allowing the JY Ranch to continue a use that 
had existed prior to the Park's establishment. No other motorboat use 
occurred on the lake since it was inaccessible to park visitors except 
on foot or horseback.
    Before his death, Mr. Rockefeller made a decision to donate the 
property to the United States for inclusion within the Park. In 
accordance with Mr. Rockefeller's wishes, all buildings, roads, and 
other development were removed by his estate, and a system of trails to 
allow visitors to enjoy the area was constructed. The property was 
conveyed to the United States in November 2007. This rule removes the 
now-unnecessary provision that allowed motorboat use on Phelps Lake.
    This rule also removes the provision in 36 CFR 7.22(b) that allows 
authorized marine bait dealers, all of which are Park concessioners, to 
keep certain species of fish taken from Jackson Lake and sell them as 
bait. The NPS determined this provision to be unnecessary and 
inconsistent with NPS Management Policies, and the practice was 
discontinued several years ago.

Summary of and Responses to Public Comments

    The NPS published a proposed rule on October 5, 2009 (74 FR 51099) 
and accepted public comments through December 4, 2009. Comments were 
accepted through the mail, hand delivery, and through the Federal 
eRulemaking Portal: http://www.regulations.gov. A total of three (3) 
comments were received, all of them from individuals.
    One of the comments supported the proposed rule but opposed NPS 
regulation of bicycle use and other uses. The NPS recognizes that 
individuals have a variety of opinions regarding the regulation of 
activities within units of the National Park System, but notes that 
such regulations are necessary for the proper administration of such 
areas.
    A second comment supported the proposed rule and noted that the 
pathway system will benefit persons with disabilities. The NPS agrees 
with the comment.
    A third comment supported the proposed rule and suggested the 
adoption of safety and etiquette rules for pathway users, such as 
travelling at a safe speed, keeping right except to pass, giving a 
clear warning when passing, and moving off the trail when stopped. The 
NPS will provide information to pathway users on proper etiquette and 
establish additional rules regulating the use of the pathway consistent 
with the requirements of 36 CFR 1.5 and 1.7.

Changes From the Proposed Rule

    The term motorboat in the proposed rule is changed to power-driven 
vessel in the final rule, as the term power-driven vessel is defined by 
the NPS in 36 CFR 1.4 and use here is consistent with language in 36 
CFR part 3 pertaining to Boating and Water Use activities within NPS 
areas system-wide. Further, the rule language in the final rule is 
changed slightly and formatted differently than in the proposed rule to 
improve clarity and consistency with contemporary rulemaking without 
affecting the intent of the rule.

Summary of Economic Analysis

    The NPS published a report in March 2009 entitled ``Cost-Benefit 
and Regulatory Flexibility Analyses: Proposed Regulations Designating 
Pathways for Multi-Use in Grand Teton National Park.'' The report 
presents the cost-benefit and regulatory flexibility analyses of the 
regulatory action associated with designating certain pathways for 
multi-use, including bicycle use, pursuant to the Grand Teton National 
Park Transportation Plan (NPS 2006). Quantitative analyses were not 
conducted due to a lack of available data, and because the additional 
cost of conducting quantitative analyses was not considered to be 
reasonably related to the expected increase in the quantity and/or 
quality of relevant information. Nevertheless, the NPS believes that 
the cost-benefit and regulatory flexibility analyses provide an 
adequate assessment of all relevant costs and benefits associated with 
the regulatory action.
    The results of the cost-benefit analysis indicate that the costs of 
the regulatory action are justified by the associated benefits. 
Additionally, this regulatory action will not have an annual economic 
effect of $100 million or more, and will not adversely affect an 
economic sector, productivity, jobs, the environment, or other units of 
government. This regulatory action will improve economic efficiency.
    The full report is available for review on the Park Web site, 
http://www.nps.gov/grte.
    Drafting Information: The primary author of this rule was Gary M. 
Pollock, Management Assistant, Grand Teton National Park.

Compliance With Other Laws and Executive Orders

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect, in a material way, the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Since this 
is an agency-specific change, implementing actions

[[Page 61268]]

under this rule will not interfere with plans by other agencies, local 
government plans, policies, or controls.
    (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. This rule exclusively affects the use of bicycles and 
motorboats within the Park. No grants or other forms of monetary 
supplement are involved.
    (4) This rule does not raise novel legal or policy issues. This 
rule simply implements the NPS general bicycle regulation at 36 CFR 
4.30 requiring rulemaking for the designation of bicycle routes in 
Grand Teton National Park.

Regulatory Flexibility Act (RFA)

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the RFA (5 U.S.C. 601 et seq.). This certification is 
based on information contained in the report titled ``Cost-Benefit and 
Regulatory Flexibility Analyses: Proposed Regulations Designating 
Pathways for Multi-Use in Grand Teton National Park,'' which is 
available for review on the Park Web site at: http://www.nps.gov/grte.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act (UMRA)

    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. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required. 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, the rule does not have 
significant takings implications. A taking implication assessment is 
not required. No taking of personal property will occur as a result of 
this rule.

Federalism (Executive Order 13132)

    Under the criteria in Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism summary impact statement. A Federalism summary impact 
statement is not required. This rule only affects use of NPS 
administered lands and waters. It has no outside effects on other 
areas.

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.

Consultation With Indian Tribes (Executive Order 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. Representatives of the eleven tribes 
affiliated with the Park were consulted during the preparation of the 
FEIS for the project.

Paperwork Reduction Act (PRA)

    This rule does not contain information collection requirements, and 
a submission under the PRA is not required.

National Environmental Policy Act (NEPA)

    In April 2000, the Park undertook a transportation study to collect 
basic information regarding transportation issues in the Park. The 
study subsequently served as a foundation for a transportation planning 
process that was initiated in September 2001. The Transportation Plan/
Final Environmental Impact Statement (FEIS) was released in September 
2006. A Record of Decision (ROD) selecting Alternative 3a was signed on 
March 12, 2007, and a notice of the decision was published in the 
Federal Register on April 24, 2007 (72 FR 20365). A full description of 
the alternatives that were considered, the environmental impacts 
associated with the project, and public involvement can be found online 
at http://www.nps.gov/grte/parkmgmt/tranplan or by contacting the 
Superintendent, Grand Teton National Park, P.O. Drawer 170, Moose, 
Wyoming 83012.

Information Quality Act (IQA)

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

Effects on the Energy Supply (Executive Order 13211)

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

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    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 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 36 U.S.C. 501-511, D.C. Code 10-137 (2001) and D.C. 
Code 50-2201 (2001).


0
2. Amend Sec.  7.22 to revise paragraphs (b)(3) and (e)(1), redesignate 
paragraphs (e)(2) through (e)(4) as (e)(3) through (e)(5), and add new 
paragraphs (e)(2) and (h) to read as follows:


Sec.  7.22  Grand Teton National Park.

* * * * *
    (b) * * *
    (3) Bait: (i) The use or possession of fish eggs or fish for bait 
is prohibited on or along the shores of all park waters, except:
    (ii) It is permissible to possess or use the following dead, non-
game fish as bait on or along the shores of Jackson Lake:
(A) Redside Shiner
(B) Speckled Dace
(C) Longnose Dace
(D) Piute Sculpin
(E) Mottled Sculpin
(F) Utah Chub
(G) Utah Sucker
(H) Bluehead Sucker
(I) Mountain Sucker
* * * * *
    (e) Vessels. (1) Power-driven vessels are prohibited on all park 
waters except Jackson Lake and Jenny Lake.

[[Page 61269]]

    (2) On Jenny Lake:
    (i) Operating a power-driven vessel using a motor exceeding 7\1/2\ 
horsepower is prohibited, except:
    (ii) An NPS authorized boating concessioner may operate power-
driven vessels under conditions specified by the Superintendent.
* * * * *
    (h) Where may I ride a bicycle in Grand Teton National Park? (1) 
You may ride a bicycle on park roads, in parking areas, and upon 
designated routes established within the park in accordance with Sec.  
4.30(a) of this chapter. The following routes are designated for 
bicycle use:
    (i) The paved multi-use pathway alongside Dornan Road between 
Dornan's and the Teton Park Road.
    (ii) The paved multi-use pathway alongside the Teton Park Road 
between Dornan Road (Dornan's Junction) and the South Jenny Lake 
developed area.
    (2) The Superintendent may open or close designated routes, or 
portions thereof, or impose conditions or restrictions for bicycle use 
after taking into consideration the location of or impacts on wildlife, 
the amount of snow cover or other environmental conditions, public 
safety, and other factors, under the criteria and procedures of 
Sec. Sec.  1.5 and 1.7 of this chapter.

    Dated: September 22, 2011.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-25394 Filed 10-3-11; 8:45 am]
BILLING CODE 4310-CT-P