Special Regulations; Areas of the National Park System

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 27, 2003 (Volume 68, Number 166)]
[Proposed Rules]
[Page 51526-51544]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au03-28]

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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD11

AGENCY: National Park Service, Interior.
ACTION: Proposed rule.

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SUMMARY: The National Park Service is proposing this rule to more
effectively manage winter visitation and recreational use in
Yellowstone and Grand Teton National Parks and the John D. Rockefeller,
Jr., Memorial Parkway. This proposed rule is in conjunction with the
Winter Use Plans Final Environmental Impact Statement and the Final
Supplemental Environmental Impact Statement and is necessary to
mitigate impacts resulting from oversnow motorized recreation in the
parks and to implement the conditional decisions made in the Record of
Decision of March 25, 2003. The proposal utilizes an adaptive
management strategy and, in order to minimize impacts, requires, among
other things, that most recreational snowmobiles and snowcoaches
operating in the parks meet certain air and sound requirements, most
snowmobiles be accompanied by a trained guide, and establishes daily
entry limits on the numbers of snowmobiles that may enter the parks.
Cross-country routes will continue to remain closed to oversnow
motorized vehicles.

DATES: Comments must be received by October 14, 2003.

ADDRESSES: Comments may be sent to Yellowstone National Park, Planning
Office, PO Box 168, Yellowstone NP, WY 82190. Comments may also be
submitted online at http://www.nps.gov/yell/rule.

FOR FURTHER INFORMATION CONTACT: John Lacklin, Planning Office,
Yellowstone National Park, 307-344-2021 or at the address listed in the
ADDRESSES section.

SUPPLEMENTARY INFORMATION: The National Park Service (NPS) has been
managing winter use issues in Yellowstone National Park (YNP), Grand
Teton National Park (GTNP), and the John D. Rockefeller, Jr., Memorial
Parkway (the Parkway) for several decades. In 1997 the Fund for Animals
and others filed suit, alleging that the NPS failed to: Consult with
the U.S. Fish and Wildlife Service on impacts of winter use on
threatened and endangered species; prepare an EIS concerning winter
use; and evaluate the effects of trail grooming on wildlife and other
park resources. The suit was resolved with a settlement agreement in
October 1997 which, among other things, required the NPS to prepare a
new winter use plan for the three park units. On October 10, 2000, a
Winter Use Plans Final Environmental Impact Statement (FEIS) was
published for YNP, GTNP, and the Parkway. A Record of Decision (ROD)
was signed by Intermountain Regional Director Karen Wade on November
22, 2000, and subsequently distributed to interested and affected
parties. The ROD selected FEIS Alternative G, which eliminated both
snowmobile and snowplane use from the parks by the winter of 2003-2004,
and provided access via an NPS-managed, mass-transit snowcoach system.
This decision was based on a finding that the snowmobile and snowplane
use existing at that time, and the snowmobile use analyzed in the FEIS
alternatives, impaired park resources and values, thus violating the
statutory mandate of the NPS.
Implementing aspects of this decision required a special regulation
for each park unit in question. Following publication of a proposed
rule and the subsequent public comment period, a final rule was
published in the Federal Register on January 22, 2001 (66 FR 7260). The
rule became effective on April 22, 2001.
On December 6, 2000, the Secretary of the Interior, the Director of
the National Park Service and others in the Department of the Interior
and the NPS were named as defendants in a lawsuit brought by the
International Snowmobile Manufacturers' Association and several groups
and individuals. The State of Wyoming subsequently intervened on behalf
of the plaintiffs. Following promulgation of final regulations, the
original complaint was amended to also challenge the regulations. The
lawsuit asked for the decision, as reflected in the ROD, to be set
aside. The lawsuit alleged that NPS

[[Page 51527]]

failed to give legally mandated consideration to all of the
alternatives, made political decisions outside the public process, and,
contradictory to evidence and data, failed to give the public
appropriate notice and participation, failed to adequately consider and
use the proposals and expertise of the cooperating agencies, failed to
properly interpret and implement the parks' purpose, discriminated
against disabled visitors, and improperly adopted implementing
regulations. A procedural settlement was reached on June 29, 2001,
under which, NPS prepared a Supplemental Environmental Impact Statement
(SEIS). In accordance with the settlement, the SEIS incorporated ``any
significant new or additional information or data submitted with
respect to a winter use plan.'' Additionally, the NPS provided the
opportunity for additional public participation in furtherance of the
purposes of NEPA. A Notice of Intent to prepare a Supplemental
Environmental Impact Statement was published in the Federal Register on
July 27, 2001 (66 FR 39197).
A draft SEIS was published on March 29, 2002, and distributed to
interested and affected parties. NPS accepted public comments on the
draft for 60 days, and 357,405 pieces of correspondence were received.
The draft SEIS examined four additional alternatives: Two alternatives
to allow some form of snowmobile access to continue; a no-action
alternative, which would implement the November 2000 ROD; and another
alternative which would implement the no-action alternative one year
later to allow additional time for phasing in snowcoach-only travel.
The SEIS focused its analysis only on the issues relevant to allowing
recreational snowmobile and snowcoach use in the parks. These impact
topics included: Air quality and air quality related values, employee
health and safety, natural soundscapes, public health and safety,
socioeconomics, wildlife--bison and elk, and visitor experience. The
SEIS did not include re-evaluating the decision to ban snowplane use on
Jackson Lake because this had not been an issue in the lawsuit, and was
not an aspect of the resulting settlement.
On November 18, 2002, the NPS published a final rule (67 FR 69473)
based on the FEIS, which generally postponed for one year
implementation of the phase-out of snowmobiles in the parks under the
January 2001 regulation. This rule allowed for additional time to plan
and implement the NPS-managed mass-transit, snowcoach-only system
outlined in the FEIS as well as time for completion of the SEIS. The
rule delayed the implementation of the daily entry limits on
snowmobiles until the winter of 2003-2004 and the complete prohibition
on snowmobiles until 2004-2005. The transitional requirement under the
2001 regulation that snowmobile parties use an NPS-permitted guide was
also delayed until the 2003-2004 winter use season.
Other provisions under the January 2001 regulation concerning
licensing requirements, limits on hours of operation, and the ban on
snowplane use remained effective for the winter use season of 2002-
2003.
The Notice of Availability for the final SEIS was published on
February 24, 2003 (68 FR 8618). The final SEIS included a new
alternative, alternative 4, consisting of elements which fell within
the scope of the analyses contained in the Draft SEIS and which was
identified as the preferred alternative. In addition, the final SEIS
included changes to the alternatives, changes in modeling assumptions
and analysis, and it incorporated additional new information.
Intermountain Regional Director Karen Wade signed a Record of Decision
for the SEIS, which became effective on March 25, 2003. The ROD
selected Final SEIS alternative 4 for implementation, and it enumerated
additional modifications to that alternative. The final SEIS and ROD
found that implementation of final SEIS alternatives 1a, 1b, 3, or 4
would not be likely to impair park resources or values resulting from
motorized oversnow recreation. Promulgation of the regulations proposed
in this rule is necessary to implement the March 25, 2003, ROD. Absent
the promulgation of such new regulations, the existing regulations
reducing the numbers of snowmobiles that may be used in the parks
during the winter of 2003-2004, but without air and sound requirements,
will continue to apply.

Park Resource Issues

As disclosed in the FEIS and SEIS, the NPS is concerned about
impacts to park resources and values resulting from the use of
motorized oversnow vehicles, including both snowcoaches and
snowmobiles. These impacts are summarized below. Additional information
is available in the SEIS and FEIS, available online at: http://www.nps.gov/
grte/winteruse/intro.htm and http://www.nps.gov/yell/
technical/planning/winteruse/plan/index.htm respectively.

Air Quality and Air Quality Related Values

Over the past 10 years, increases in the number of visitors using
snowmobiles in YNP and GTNP have intensified concerns regarding
localized air pollution and its effects on the health of park
employees, visitors, and operators and riders of snowmobiles. Although
NPS has not documented violations of federal or state ambient air
quality standards, these standards have been approached, especially on
days when atmospheric conditions produce little air movement. In both
cases the NPS is relying on EPA approved methodologies and equipment
for carbon monoxide testing at a station operated by the State of
Montana and located near the West Entrance to Yellowstone. Two-stroke
snowmobile engines typically produce relatively high amounts of carbon
monoxide, particulate matter, and volatile organic compounds. New
commercially available snowmobile engine technology, especially certain
four-stroke snowmobiles, reduce carbon monoxide emissions by as much as
85% and hydrocarbons by 95-98%, relative to the EPA's baseline
assumptions about current average two-stroke snowmobile emissions.

Employee and Visitor Health and Safety

Both parks employees and visitors are at times exposed to the
hazards of loud sounds, exhaust emissions, and naturally occurring
avalanches. Significant levels of carbon monoxide, particulate matter,
and other toxic air pollutants have been found near the West Entrance
to YNP. Complaints of nausea, dizziness, headaches, sore throats, eye
irritation, light-headedness, and lethargy are frequent among employees
who work at the West Entrance and others who work within heavily used
travel corridors. We have involved OSHA in a partnership with the NPS
to help us proactively mitigate concerns about employee health and
safety. Through this partnership, OSHA measured exposures in several
workplace environments in February 2000, finding high levels of noise,
carbon monoxide, benzene, formaldehyde, and severe vibration to
employees riding snowmobiles during the performance of their work
duties. In addition, OSHA found that an employee working primarily
outside the fee kiosk at the West Entrance was over-exposed to noise
due to snowmobiles, and that a ranger conducting a normal snowmobile
patrol operations was over-exposed to noise at a level of 93 decibels.
To address these issues in part,

[[Page 51528]]

NPS issues appropriate personal protective equipment, such as earplugs,
to employees to minimize their exposure to workplace hazards. We are
also in the process of re-designing the West Entrance kiosk to minimize
noise and air pollution exposure to employees. The NPS has also
established the off-site sale of winter entrance passes to further
reduce snowmobile congestion, and subsequent employee exposure to
snowmobile emissions. The measures contained in the proposed rule would
further mitigate these impacts.

Natural Soundscapes

Natural soundscapes are the unimpaired sounds of nature, and are
among the intrinsic elements of the environment that are associated
both with the purpose of a park and with its natural ecological
functioning. Human-generated noise in the winter includes that from
snowmobiles, snowcoaches, and wheeled vehicles. Of particular concern
to NPS is the impact of noise generated by humans in travel corridors
or staging areas in developed areas that carries into backcountry
areas, where visitors expect to hear only the natural soundscape. The
majority of areas visited by individuals seeking solitude and quiet lie
within close proximity to travel corridors and developed areas because
other, more remote, areas of the park are not as easily accessible to
the average visitor.

Visitor Experience

In YNP and GTNP, an average of 75 percent of winter visitors ride
snowmobiles, 12 percent ride in snowcoaches, 20 percent use cross-
country skis, 2 percent use snowshoes and 22 percent drive automobiles.
These figures exceed 100 percent because some visitors engage in more
than one activity. Visitors come to the parks seeking a winter
recreation experience and surveys have shown the primary reasons people
visit is to view natural scenery and wildlife. In surveys, visitors
have also indicated that experiencing ``tranquility,'' ``peace and
quiet,'' and ``getting away from crowds,'' are important components of
their visit. However, there are gaps between these characteristics and
visitors' satisfaction with them based on visitor surveys. For
instance, visitors rated ``experiencing the tranquility'' as the sixth
most important component of their visit, while their satisfaction with
that characteristic was 18th. Similarly, ``experience peace and quiet''
was rated 14th in importance and 25th in satisfaction. ``Get away from
crowds'' had the largest gap: it was the 17th in importance and 40th in
satisfaction. This indicates that visitors feel that the values of
tranquility, peace and quiet, and solitude are important and expected,
but that they are often dissatisfied with their actual experience. The
quality of the groomed surface is also an important indicator of
visitor satisfaction with oversnow travel in Yellowstone. As roads are
traveled by snowmobiles and snowcoaches they can develop bumps, also
called moguls. On warm days with heavy snowmobile traffic, the road
surface can become so deeply moguled as to render it unsafe for travel.
Roads are groomed throughout the week, some on a daily basis, to
mitigate this issue.

Wildlife

Wintering wildlife in YNP and GTNP can be challenged for survival
due to high snow depths, cold temperatures, and lack of available
forage due to deep snow. Wildlife, especially bison and elk, are
frequently encountered by travelers along park roadways. Scientific
studies, case incident reports, and the experience of park staff
indicate that disturbance occurs to wildlife due to some motorized
oversnow recreation. This disturbance could come from a visitor,
concessioner, or administrative use of snowmobiles or snowcoaches.
Additionally, wildlife disturbance and harassment occurs from contact
with some cross-country skiers and snowshoers, both on the roadway and
in the backcountry. In spite of these contacts, there is not evidence
that winter recreation is clearly responsible for any long-term adverse
consequences to ungulate populations, including bison and elk.
Currently both of these species are at sound population levels.

Impairment to Park Resources and Values

In managing units of the National Park System, the NPS may allow
activities that have both beneficial and adverse impacts on park
resources and values. However, by the provisions of the laws governing
the NPS, the NPS is prohibited from taking or authorizing any action
that would result in adverse impacts so significant that they would, or
are likely to, impair park resources and values. An impact would be
more likely to constitute impairment to the extent that it affects a
resource or value whose conservation is: (1) Necessary to fulfill
specific purposes identified in the establishing legislation or
proclamation of the park; (2) key to the natural or cultural integrity
of the park or to opportunities for enjoyment of the park; or (3)
identified as a goal in the park's general management plan or other
relevant NPS planning documents.
The FEIS ROD, dated November 22, 2000, concluded that, of the seven
alternatives evaluated in the FEIS, only one (alternative G), which
called for a phase-out of snowmobile use in the parks, did not exceed a
level of impairment. This was the basis for selecting this alternative,
as described in the rationale for the decision in the November 2000
ROD. In all other FEIS alternatives, the existing snowmobile use in YNP
was found to impair air quality, wildlife, the natural soundscape, and
opportunities for the enjoyment of the park by visitors. In GTNP,
impairment to the natural soundscape and opportunities for enjoyment of
the park was found to result from the impacts of snowmobile and
snowplane use. In the Parkway, impairment was found to result from
snowmobile use on air quality, the natural soundscape, and
opportunities for enjoyment of the park. These findings were made for
all alternatives with snowmobile use, including those that would have
required phased-in use of cleaner and quieter snowmobiles in accordance
with set objectives for air and sound emissions. It was determined that
there was no way to mitigate the impairment short of reducing the
amount of use as determined by an effective carrying capacity analysis,
or by imposing a suitable limit unsupported by such an analysis.
The final rule implementing FEIS alternative G, published in the
Federal Register on January 22, 2001, recognized that, ``achieving
compliance with the applicable legal requirements while still allowing
snowmobile use would require very strict limits on the numbers of both
snowmobile and snowcoaches.'' Thus, through appropriate management
actions, the January 2001 rule recognized that some snowmobile and
snowcoach use could possibly be accommodated in the parks without
resulting in an impairment to park resources and values.
Final SEIS alternative 4, with limited modifications, was selected
in the March 25, 2003, ROD for implementation, and will be implemented
through this proposed rule. NPS believes that this alternative would
not impair park resources or values when fully implemented for several
reasons. Fundamental to this alternative is an adaptive management and
monitoring strategy, which allows park managers to modify use numbers
or take other actions if thresholds related to noise, air quality,
wildlife, employee and visitor health and safety, and visitor
experience are exceeded.

[[Page 51529]]

This alternative implements significant daily entry limits, which will
result in fewer conflicts with wildlife, fewer air and sound emissions,
and improved road conditions. Most snowmobilers entering the parks will
be accompanied by a trained guide, which will reduce conflicts with
wildlife and address concerns about safety. In addition, most
snowmobiles and snowcoaches in the parks would be required to comply
with air and sound requirements. For convenience, the snowmobile models
that achieve those air and sound requirements are referred to as the
best available technology (BAT). Use of BAT snowmobiles is expected to
reduce the noise pollution and significantly reduce the amount of air
pollution generated.
At the time of the November 2000 ROD, there were no current means
of mitigation that would assure impacts to air quality and the natural
soundscapes resulting from unregulated recreational snowmobile use
could be reduced, predictably and soon, to a level that would not
generally impair these resources and values. Cleaner snowmobiles were
not commercially available at that time, nor was mass production of
such machines imminent. Today, this technology has changed dramatically
and is available to the public. Some four-stroke snowmobiles are
substantially cleaner than standard two-stroke machines and are capable
of reducing hydrocarbon emissions by up to 95% and carbon monoxide
emissions by up to 85%. In addition, some four-stroke snowmobiles are
quieter than standard two-stroke machines, testing at approximately 73
dB(A) versus 75-78 dB(A) for two-strokes.
This decision also reflects a commitment to provide protection of
park resources and values. The decision allows appropriate levels of
visitor use while recognizing that winter in YNP, GTNP, and the Parkway
is a unique experience not duplicated on other public lands. Such uses
are in a manner that ensures protection of park resources and values.
Finally, the decision reflects the Service's concern for working
closely and cooperatively with gateway communities. Within the limits
authorized by the Organic Act and other legal authorities applicable to
winter use in the parks, for any park's programs to be truly
successful, a strong collaborative relationship with gateway community
partners is essential. This relationship has been demonstrated in our
planning process both by the role of these communities through the
states and counties as cooperating agencies and by the March 2003 ROD.
Furthermore, the applicable laws and policies governing the NPS
afford park managers broad discretion. We are led to the inevitable
conclusion that there is no single decision with respect to snowmobiles
mandated by these laws and policies. This is reflected by the ROD from
November 2000, which would have phased out the recreational use of
snowmobiles in these parks over several years, and the March 2003 ROD,
which permits recreational snowmobile use under strict numerical and
technological limits, with adaptive management, to respond to future
impacts from motorized winter use in these parks. The strict
requirements set forth in this proposed rule will allow for a
reasonable level of recreational snowmobile use to continue in a manner
which protects, not impairs, park resources and values.

Entrance Fees and Reservations

Because of the absence of plowed roads and the limited facilities
which are open within the parks in the winter, entrance to the parks
via snowmobile or snowcoach is fundamentally different than visits
during other seasons. As a practical matter, this proposed rule will
effectively require that visitors wishing to enter Yellowstone via a
snowmobile or snowcoach have an advance reservation. Therefore,
entrance fees to Yellowstone will parallel this reservation system by
becoming a daily entry fee system. Snowmobilers or snowcoach passengers
wishing to enter the park over multiple days would still be able to
purchase a multiple-day entry pass; however, visitors only entering the
park on one day would now have the option of purchasing a one-day pass.
In the past, the NPS has sold snowmobile entrance passes that allowed
entry for seven consecutive days, however we wish to avoid the
potential confusion to a visitor who might pay for a seven-day
snowmobile entry fee, but only have reservations to actually enter the
park for one day. We will be modifying our winter entry fees to reflect
this distinction through a separate administrative process.

Description of the Proposed Rule

Many of the regulations regarding over-snow transportation have
been in existence at the park under the authority of 36 CFR Part 7 or
36 CFR 1.5. Regulations such as the operating conditions, designated
routes, and restricted hours of operation have been in effect and
enforced by NPS employees for several years. They are included in this
rule, with only slight modifications, to remind the public of all the
regulations that apply to over-snow transportation for each park area.
New regulations such as alcohol limits, BAT requirements, daily entry
limits and guiding requirements are new and are explained in detail in
this proposed rule.
The NPS is proposing an adaptive management and monitoring strategy
to mitigate the impacts described previously on air quality, employee
and visitor health and safety, natural soundscapes, wildlife, and
visitor experience, while allowing snowmobile access on all major
oversnow routes in Yellowstone and Grand Teton National Parks and the
John D. Rockefeller, Jr., Memorial Parkway. The NPS will continuously
adapt these limits to protect park resources and values while allowing
for the enjoyment of those resources by the American people. These
preliminary limits are based on the best information available to the
NPS, as described in the FSEIS. The NPS welcomes new information and
data pertinent to its management of park resources and visitor use and
will incorporate new information in the final rule and future adaptive
management decisions as appropriate. In order to prevent impairment to
park resources and values, this strategy requires implementation of the
following components:

Monitoring and Adaptive Management

Adaptive management allows park managers to take management actions
as new information is collected about a specific resource or issue. The
NPS will conduct monitoring of park resources and values, including air
quality, employee and visitor health and safety, natural soundscapes,
wildlife, and visitor experience. If analysis of the monitoring data
identifies unacceptable impacts to park resources and values are
occurring, management actions will be taken to remedy the problem.
Examples of initial methods, indicators, thresholds, and management
actions are identified in Attachment A of the March 25, 2003, Record of
Decision. Attachment A is available online at http://www.nps.gov/grte/
winteruse/winteruse.htm. These management actions could include,
but are not limited to, adjustment of daily entry limits, adjustment of
BAT requirements, closure of road segments, changes in the commercial to
non-commercial guiding ratio, establishment of timed-entries, increased
road grooming, and others.
To allow for management flexibility (the premise of adaptive
management) these proposed rules would authorize the Superintendent to
make changes in winter use management, with advance public notice. For
example, if improved snowmobile technologies became commercially
available, the

[[Page 51530]]

Superintendent could further reduce the amount of air and sound
emissions in the park units by requiring that cleaner and quieter
machines be used. In such a case the parks generally would not initiate
formal rulemaking or publish a notice in the Federal Register to effect
changes in winter use management. Instead these changes would be
authorized through these proposed rules. None of the actions in this
proposed rule are intended to preclude road or other closures for
safety, resource protection, or other reasons as identified in 36 CFR
1.5.
If monitoring or adaptive management leads park managers to take
management actions, the Superintendent will provide appropriate public
notice in accordance with 36 CFR 1.7(a). To provide the public with
sufficient notice, changes in winter management of the parks would
ordinarily be made by July 1 and implemented in a future winter season.
The Superintendent will also report periodically to the public on
monitoring results and justify any changes in winter use management.
These changes would be based on analyses of the data collected from the
parks' monitoring program.
We are interested in soliciting comments from the public on other
potential strategies and authorities to implement adaptive management,
which allow park managers similar flexibility as the process described
above. We recognize that adaptive management has only been formally
used in a relatively few national parks, although parks have informally
used it in the past.

Best Available Technology

In recent years, some snowmobile manufacturers have made
significant improvements at reducing air and sound emissions in some
snowmobile models. The 2002 Arctic Cat 4-Stroke Touring and the 2002
Polaris Frontier four-stroke represent the cleanest and quietest
commercially available snowmobiles for which test data is available to
the NPS. These snowmobiles are capable of reducing hydrocarbon
emissions by 95-98% and carbon monoxide by 85%, as compared to a
standard two-stroke snowmobile. In addition, four-stroke snowmobiles
typically perform at full throttle at sound levels below 73 dB as
measured on the A-weighted scale, as compared to two-stroke
snowmobiles, which typically perform at 75-78 dB(A). Four-stroke
snowmobiles also produce more even frequency spectra and are less
audible over a distance, relative to two-stroke snowmobiles.
Therefore, to mitigate impacts to air quality and the natural
soundscape, NPS is proposing to require that initially, most
recreational snowmobiles operating in the parks, and by the winter
season of 2004-2005 all recreational snowmobiles in Yellowstone, be
BAT. Initially BAT would be set at any snowmobile that can achieve a
90% reduction in hydrocarbons and a 70% reduction in carbon monoxide
from EPA's baseline assumptions for uncontrolled snowmobiles as
published in the Federal Register on November 8, 2002 (67 FR 68241).
The initial requirement is set lower than the test results from the
2002 machines to allow more than one manufacturer the opportunity to
produce snowmobiles that meet the requirements while allowing the NPS
to achieve our air quality goals.
Thus, any recreational snowmobile operating in YNP must achieve air
emissions below 15 g/kW-hr for hydrocarbons and 120 g/kW-hr for carbon
monoxide. Snowmobiles must be tested on a 5-mode engine dynamometer, in
accordance with EPA's November 8, 2002, rule (67 FR 28241) with test
data and methodology provided to NPS for review. The NPS is relying on
the 5-mode engine dynamometer test because it is the standard testing
procedure approved by the Environmental Protection Agency and because
it was used in determining snowmobile emissions for the SEIS and it
would allow for comparisons to be made amongst snowmobiles models.
Other test methods could be approved by NPS on a case-by-case basis.
Snowmobiles would also be required to operate at or below 73 dB(A),
as measured at full throttle according to Society of Automotive
Engineers J192 test procedures. The initial BAT requirement for sound
was established by reviewing individual machine results from side-by-
side testing performed by the NPS' contractor, Harris Miller Miller &
Hanson Inc. (HMMH) and the State of Wyoming's contractor, Jackson Hole
Scientific Investigations (JHSI). These separate reports independently
concluded that the six four-stroke snowmobiles tested between 69.6 and
77.0 dB(A) using the J192 protocol. On average, the HMMH and JHSI
studies measured four-strokes at 73.1 and 72.8 dB(A) at full throttle,
respectively. The SAE J192 test also allows for a tolerance of 2 dB(A)
over the sound limit to account for variations in weather, snow
conditions, and other factors.
Currently, little data exists on snowcoach emissions, with the
exception of one laboratory study commissioned by the State of Wyoming
which used a chassis dynamometer to measure emissions from one V-10
powered Ford E-350 15-passenger van (Lela, Chad C. and Jeff L. White,
2002). Field conditions in this study could not be replicated
accurately in the laboratory because the percent of time a snowcoach
operates in open-loop mode (with the throttle wide open, producing
higher emissions) versus closed-loop mode (at normal throttle,
producing extremely low emissions) is unknown. Running in snow on
tracks requires more power than operation with wheels and thus the
vehicle may operate in open-loop mode more frequently.
Currently no industry standard air emissions testing procedure
exists for snowcoaches that would be cost effective to implement in the
field. Due to the cost, it would be impractical to use an engine or
chassis dynamometer in the field to determine emissions of individual
snowcoaches.
There are approximately 55 snowcoaches currently operating in
Yellowstone National Park. Under concessions contracts currently
proposed, there could be as many as 69 snowcoaches authorized.
Approximately 29 snowcoaches operating in the park were manufactured by
Bombardier and were designed specifically for oversnow travel. Those 29
snowcoaches were manufactured prior to 1983 and are referred to as
``historic snowcoaches'' for the purpose of this rulemaking. All other
snowcoaches are 12 to 15-passenger vans that have been converted for
oversnow travel using tracks and/or skis.
The March 2003 ROD called for snowcoach air emissions to be no
greater than 15 g/kW-hr for hydrocarbons and 120 g/kW-hr for carbon
monoxide by the winter of 2005-2006. However, we do not believe it is
currently feasible to enforce this requirement as there is insufficient
information to establish testing procedures.
Therefore, we are proposing to require that all snowcoaches meet
the EPA's standards that were in existence at the time the vehicle was
manufactured. Most of these vehicles achieve EPA's Tier 1 emissions
standards, which were phased-in from 1994-1996. To ensure that vehicles
were meeting EPA's emissions standards, we would require that the
vehicle's original pollution control equipment had not been modified or
tampered with. Snowcoach owners would be required to certify to the NPS
and make available for inspection upon NPS'' request, that the
vehicle's pollution control equipment is as originally manufactured.

[[Page 51531]]

EPA's Tier 1 standards require that emissions from vehicles be
extremely clean. In comparison with four-stroke snowmobiles,
snowcoaches operating within EPA's Tier 1 standards are cleaner,
especially given their ability to carry up to seven times more
passengers (Lela and White 2002). In addition, in 2004 EPA will begin
phasing-in Tier 2 emissions standards for multi-passenger vans, and
will be fully phased-in by 2009. Tier 2 standards will require that
vehicles be even cleaner than Tier 1. Tier 2 standards would also
significantly reduce the open loop mode of operation. If Tier 2
vehicles are converted to snowcoaches, then the emissions attributable
to them would be further reduced in the parks.
If any of the vehicle's pollution control equipment, including the
catalytic converter, associated piping, and other related parts that
may release CO, HC or PM emissions in the event of mechanical failure
or deterioration, had exceeded its useful life as published by the EPA,
then the owner would be required to replace it. Generally, useful life
for new vehicles (since 1996) is 120,000 miles or 11 years, whichever
comes first. NPS is proposing that if a snowcoach owner was required to
replace any pollution control equipment under this requirement, the new
pollution control equipment would be required to be original equipment,
if available from the vehicle's manufacturer, versus after-market
equipment. If original equipment is no longer available snowcoach
owners could then install after-market equipment. We are proposing that
snowcoach owners install original equipment if available because it
generally has a longer useful life and may be more efficient in
reducing pollutants, although both are certified to the same level of
emissions reduction. We are requesting comments on whether original
equipment or other, including after market, equipment is more
appropriate when replacing the pollution control equipment with respect
to emission reduction and cost.
These air emissions requirements would be implemented during the
2005-2006 winter season.
NPS would continue to work with snowcoach owners, researchers, and
other experts during the winters of 2003-2004 and 2004-2005 to better
understand snowcoach emissions and to determine the most effective
field testing methods. We ultimately intend to require that snowcoaches
achieve numerical performance-based limits for emissions before being
allowed entry into the park. We may propose a special regulation in the
future to establish specific numerical performance based air and sound
emission requirements for snowcoaches.
For sound emissions, snowcoaches would be required to operate at or
below 75 dB by the winter of 2008-2009, as measured at 25 mph on the A-
weighted scale at 50 feet. This test would be similar to Society of
Automotive Engineers J1161 procedures except that snowcoaches would
maintain a speed of 25 mph which is a typical snowcoach operating speed
and 10 mph faster than the J1161 procedures prescribe. NPS intends to
test and certify individual snowcoaches in a field setting because of
the number of different makes, models, and years of manufacture being
used in the parks and the fact that sound emissions vary from vehicle
to vehicle. We are proposing to allow additional time to phase-in air
and sound requirements for snowcoaches because of the substantial
investment required to upgrade snowcoach technology and to encourage
additional investment in mass transit snowcoaches.
Historic snowcoaches (defined as a Bombardier snowcoach
manufactured in 1983 or earlier) would initially be exempt from air and
sound requirements; however NPS will work with snowcoach owners to
retrofit historic snowcoaches to meet the air and sound requirements.
We are initially exempting historic snowcoaches from air and sound
requirements to maintain the character of winter motorized oversnow
travel. We also believe it is reasonable and prudent to work with
outfitters and concessioners to determine how best to upgrade their
equipment.
Beginning with the winter season of 2003-2004, all commercially
guided snowmobiles operating within YNP would be required to be BAT.
Beginning with the winter season of 2004-2005, all snowmobiles would be
required to be BAT.
In GTNP and the Parkway, all snowmobiles operating on the
Continental Divide Snowmobile Trail (CDST) and Jackson Lake must be BAT
starting in 2004-2005. BAT requirements would also apply to all
snowmobiles originating at Flagg Ranch and traveling west on the Grassy
Lake Road. Snowmobiles originating in the Targhee National Forest and
traveling eastbound on the Grassy Lake Road would not be required to
utilize BAT; however, these snowmobiles could not travel further than
Flagg Ranch. We are allowing this exception because the Grassy Lake
Road in the Parkway is approximately 6 miles long, snowmobiles are not
required to be BAT on U.S. Forest Service lands, and the NPS wishes to
honor the request of the USFS that these visitors be able to access
food, fuel, and other amenities available at Flagg Ranch. Any
commercially guided snowmobiles authorized to operate in the Parkway or
Grand Teton will be required to be BAT beginning with the winter season
of 2003-2004.
NPS will annually publish a list of snowmobile makes, models, and
year of manufacture that meet BAT requirements. The NPS intends to rely
on certified air and sound emissions data from the private sector
rather than establish its own independent testing program, which would
be cost prohibitive. NPS intends to work cooperatively with the private
sector--guides and outfitters as well as manufacturers--in the
preparation of such lists. Each snowmobile model would be approved for
entry into the parks for six winter seasons after it was first listed.
Based on NPS experience, six years represents the typical useful life
of a snowmobile, and thus six years provides purchasers with a
reasonable length of time where operation is allowed once a particular
model is listed as being compliant. Individual snowmobiles modified in
such a way as to increase sound and air emissions of HC and CO beyond
the proposed emission requirements would be denied entry to the parks.
Currently, the NPS has sufficient test data on the 2002 Arctic Cat 4-
Stroke and the 2002 Polaris Frontier to determine that they meet the
BAT requirements. No other snowmobiles would be allowed entry into the
parks unless they were subjected to the testing described above and met
the BAT requirements herein proposed.
For both snowcoaches and snowmobiles, it would be the
responsibility of the end users, guides and outfitters (or private
snowcoach owners to the extent they are permitted for entry into the
parks) to ensure that their oversnow vehicles comply with all
applicable requirements.
Under the adaptive management framework, BAT requirements could be
adjusted annually to protect park resources and values, including air
quality, natural soundscapes, wildlife, visitor experience, and
employee health and visitor safety. The process for changing air and
sound requirements is described previously in ``Monitoring and Adaptive
Management.'' When adjusting the BAT requirements, one of the facts the
NPS will consider is the best available technology in the snowmobile
market. If there is a substantial improvement in the

[[Page 51532]]

snowmobile technology with respect to air and sound emissions, the NPS
may consider adjusting these limits to reflect the best available
technology. Based on technology improvements in the past few years, NPS
expects that snowmobile technology will continue to improve, further
reducing air and sound emissions. However, if technology worsens, the
daily entry limits could be further restricted to protect park
resources and values.
The NPS is interested in obtaining public comments on the issue of
specifically how compliance with BAT should be determined, and what
procedures NPS would use. For instance, we have preliminarily
identified at least two methods that we could use to determine if
snowmobiles are BAT-compliant. One method would be to average the
manufacturer's Official Test Results (OTR). These tests are preformed
by manufacturers in order to comply with EPA's snowmobile regulations
(67 FR 68241), and reflect the actual emissions of snowmobiles. Another
method would be to use the average Family Emissions Limit (FEL), which
are the emissions limits that manufacturers certify to EPA for a
specific engine class of snowmobiles. FELs will likely be set somewhat
higher (i.e., to allow for more emissions) than OTRs to account for
variances in production and insure that individual snowmobiles do not
exceed the FELs.
The restrictions on air and sound emissions proposed in this rule
is not a restriction on what manufacturers may produce but an end-use
restriction on which commercially produced snowmobiles and snowcoaches
may be used in the parks. The NPS Organic Act (16 U.S.C. 1) authorizes
the Secretary of the Interior to ``promote and regulate'' the use of
national parks ``by such means and measures as conform to the
fundamental purpose of said parks * * * which purpose is to ``conserve
the scenery and the natural and historic objects and the wild life
therein and to provide for the enjoyment of the same in such manner and
by such means as will leave them unimpaired for the enjoyment of future
generations.'' Further, the Secretary is expressly authorized by 16
U.S.C. Sec. 3 to ``make and publish such rules and regulations as he
may deem necessary or proper for the use and management of the parks *
* *.'' This exercise of the NPS Organic Act authority is not an effort
by the NPS to regulate manufacturers and is consistent with Sec. 310 of
the Clean Air Act.
Since 2001, Yellowstone and Grand Teton National Parks have been
converting their own administrative fleet of snowmobiles to four-stroke
machines. These machines have proven successful in use throughout the
parks. NPS intends to continue to purchase these snowmobiles for most
administrative uses. However, we recognize that some administrative
applications, such as off-trail boundary patrols outside the park in
deep powder, towing heavy equipment or disabled sleds, or law
enforcement uses may require additional power beyond that supplied by
existing 4-stroke snowmobiles. In these limited cases, NPS may use
snowmobiles that exceed BAT requirements proposed in this rule.

Use of Trained Guides

To mitigate impacts to wildlife and visitor and employee safety,
all recreational snowmobiles operated in Yellowstone National Park must
be accompanied by a trained guide. During the development of the SEIS
and the ROD, the NPS was requested to develop an alternative to
commercially guided snowmobiles. As a result we are proposing that
eighty percent of the authorized daily snowmobile entries through each
entrance be allocated to commercially guided tours under concessions
contracts similar to those currently operating in the parks. The
remaining twenty percent of daily authorized snowmobile entries will be
available for non-commercially guided trips that require a trained
member of the group to be authorized by NPS to lead a group of
snowmobilers. The NPS has set the current 80:20 ratio to allow the
public an opportunity to visit the park at their own pace through
private groups. This initial ratio is based on an NPS expectation of
success in mitigating wildlife impacts through a variety of guiding
alternatives. The NPS will analyze how well the non-commercial guide
program works to minimize impacts on wildlife and enhance visitor
safety, and through the adaptive management process may revise this
ratio in future years.
Beginning with the winter season of 2003-2004, eighty percent of
daily snowmobile entries through each Yellowstone entrance must be
accompanied by a commercial guide. In order to provide adequate time
for the development and implementation of the non-commercial guiding
program, for the winter 2003-2004 only, non-commercial guides will not
be required; however, private snowmobile parties will be required to
travel in groups. Beginning with the winter season of 2004-2005, all
snowmobiles in YNP must be accompanied by a guide, either through a
concession or by an authorized non-commercial guide.
In Grand Teton and the Parkway, all snowmobile parties traveling
north from Flagg Ranch must be accompanied by a guide, with the same
phase-in as described above for YNP. All other snowmobilers in Grand
Teton and the Parkway do not have to be accompanied by a guide. Thus,
in the winter of 2003-2004, eighty percent of the authorized entries
via the South Gate at YNP are allocated to commercially guided parties,
and twenty percent to individuals without guides. The use of guides in
Grand Teton and the Parkway is not otherwise required due to the low
volume of use, the conditions for access to Jackson Lake for winter
fishing, the through road characteristics of the CDST, as well as the
inter-agency jurisdiction on the Grassy Lake Road.
Under the adaptive management framework, requirements for use of
guides, including the commercial to non-commercial guide ratio, could
be adjusted annually to protect park resources and values, including
air quality, natural soundscapes, wildlife, visitor experience, and
employee health and visitor safety.
Non-commercial guides will be required to successfully complete a
training program approved by NPS that would address park rules, safety
considerations, and appropriate actions to minimize impacts to wildlife
and other park resources. The NPS has not fully developed the training
course but will be working with private groups to develop a curriculum
and make the training widely available to the public through private
businesses by the winter of 2004-2005. The NPS will require individuals
seeking a non-commercial guide certification to successfully complete
the training course. The training provider will need to define
``successfully'' in order to ensure that the attendee has met the NPS
objectives of the course.
Members of non-commercial guide parties may not compensate anyone,
either directly or indirectly, for non-commercial guiding services. The
NPS intends that the provision for non-commercial guides is to
accommodate requests that the public have alternatives to using
commercial guiding services, and thus no business transaction of any
kind may take place in association with non-commercial guiding
services. For example, a non-commercial guide may not provide a guiding
service to someone in exchange for his or her employer receiving
compensation in order to classify the activity as a non-commercial
guiding service.
Commercial guides are also educated in safety, interpretive skills,
and

[[Page 51533]]

appropriate actions to minimize impacts to resources and other
visitors. Commercial guides receive more rigorous training and perform
guiding duties, usually, as employees of a business. A commercial guide
is defined as a guide who is hired by park visitors for a fee or
compensation, as opposed to a non-commercial guide, who may not receive
compensation or fees. Any person who guides for a fee or compensation
must do so under a contract with the NPS to operate as a business
within the boundaries of a park unit. Commercial guides are employed by
local businesses. Those jobs are not performed by NPS employees.
Guided groups must contain from 2 to 11 snowmobiles, including the
guide's machine. This would apply to commercial and non-commercial
groups. Individual snowmobiles may not be operated separately from a
group within the park. A minimum group size of two was established to
require the public to concentrate snowmobiles together in order to
reduce the frequency of wildlife encounters along the roadways. In this
respect, guided parties will more closely resemble the ``mass transit''
aspect of snowcoach use. A maximum group size of 11 was established so
that no one party would be so large that a single guide could not
safely direct and manage all party members.
Except in emergency situations, guided parties must travel together
and remain within a maximum distance of one-third mile of the first
snowmobile in the group. This will insure that guided parties do not
get spread too far out. One-third mile will allow for sufficient and
safe spacing between individual snowmobiles within the guided party,
allow the guide to maintain control over the group and minimize the
impacts on wildlife.

Initial Daily Snowmobile Entry Limits

The number of snowmobiles that could enter the parks each day would
be limited under this rule. These limits are intended to mitigate
impacts to air quality, employee and visitor health and safety, natural
soundscapes, wildlife, and visitor experience, while providing the
opportunity to maintain historical levels of visitation to the parks
with the use of snowcoaches. Once the daily snowmobile entry limits are
reached, the only other means of public motorized access will be
through the use of snowcoaches. No limits on snowcoach numbers are
intended at this time, but could be considered in the future as part of
the adaptive management process. The initial entry limits are
identified in Table 1. Use limits identified in Table 1 include guides;
thus both commercial and non-commercial guides are counted towards the
daily entry limits. The NPS considered suggestions to not count guides
themselves within these limits, but believe this suggestion would
constitute a de facto increase in use from the levels being authorized.
For YNP, the daily entry limits are identified for each entrance; for
GTNP and the Parkway, the daily limits apply to total snowmobile use on
the road segment.
Those limits are listed in the following table:

Table 1.--Initial Daily Snowmobile Entry Limits
----------------------------------------------------------------------------------------------------------------
Number of Number of non-
commercially- commercially Total number
guided guided snowmobile
Park entrance/road segment snowmobile snowmobile entrance
entrance entrance passes
passes passes \1\
----------------------------------------------------------------------------------------------------------------
YNP--North Entrance............................................. 40 10 50
YNP--West Entrance.............................................. 440 110 550
YNP--South Entrance............................................. 200 50 250
YNP--East Entrance.............................................. 80 20 100
GTNP and the Parkway--Total Use on Continental Divide Snowmobile N/A N/A \2\ 75
Trail \3\......................................................
Parkway--Total Use Grassy Lake Road............................. N/A N/A \2\ 75
Jackson Lake.................................................... N/A N/A \2\ 40
----------------------------------------------------------------------------------------------------------------
\1\ In the 2003-2004 winter season only, these entries would be available for unguided parties of 2 to 11
snowmobiles, to allow sufficient time to develop and implement a non-commercial guide training program.
\2\ These users do not have to be accompanied by a guide.
\3\ The Continental Divide Snowmobile Trail lies within both GTNP and the Parkway. The 75 daily snowmobile use
limit applies to total use on this trail in both parks.

These daily entry limits would be implemented beginning with the
winter season of 2003-2004. Adaptive management and monitoring programs
would be implemented to allow the interim numbers to be assessed
annually. The results of the adaptive management program would
determine the need for increasing or decreasing snowmobile numbers to
ensure adequate protection of park resources and values, including air
quality, employee and visitor health and safety, natural soundscapes,
wildlife, and visitor experience. For instance, if air quality
monitoring, based on EPA protocols, shows that conditions near a park
entrance or along a road segment are inconsistent with the goals set
forth in the March 2003 ROD, the daily entry limits could be reduced to
protect air quality. In addition, should NPS adjust BAT requirements,
daily entry limits might also be increased or decreased.
The purpose of these caps is to impose strict limits on the numbers
of snowmobiles that may use the parks in order to minimize resulting
impacts. Compared to historical use where peak days found as many as
1,700 snowmobiles in the parks, these caps represent a reduction. While
the caps allow in theory for some growth in daily average snowmobile
use, it is uncertain at best whether the former peak day users who are
now foreclosed will shift their snowmobile use to what were the
previously less busy days. While NPS does not expect this to result in
an actual increase in snowmobile usage from historic levels, the
adaptive management process will be used to address impacts not
presently foreseen.
The daily snowmobile entry limits were derived based on several
factors. First, the daily limits are based on the analysis contained in
the SEIS, which concluded that these entry limits, combined with other
elements of this rule, would prevent impairment to park resources and
values while allowing for an appropriate range of experiences available
to park visitors. Second, they approximate at minimum the historic

[[Page 51534]]

average daily use at each entrance. At some entrances where park
managers believe additional use could be accommodated without
unacceptable impacts to park resources or values, the daily limits
allow for growth beyond the historic daily averages.
During the winter of 2003-2004, reservations for private, unguided
snowmobile parties may be made by contacting Xanterra Parks and Resorts
at 307-344-7311. Every snowmobile a group uses in Yellowstone would
require a reservation; thus, a group of four people riding double on
two snowmobiles would need two reservations each day they snowmobile in
the park. Reservations for commercially guided trips may be made by
contacting the guide. The NPS is currently soliciting bids for
commercially guided snowmobile concessions. Once guides are selected we
will post a list of authorized commercial guides on our Web site at
http://www.nps.gov/yell.
Visitors who go in and out of the park in a single day will be
counted against entrance limits only at the initial entrance gate. For
instance, a group that enters Yellowstone through the North Entrance,
exits the park that afternoon to have lunch in West Yellowstone and re-
enters the park through the West Entrance would only count towards the
daily limits at the North Entrance.
Visitors who enter the parks through one entrance, exit at another
entrance in order to spend that night out of the park, and then re-
enter on the following day will be counted towards the daily entry
limits on the following day. Snowmobile parties' subsequent entries
will count towards the entry limits at whatever entrance station they
first entered at the start of their trip. In the March 2003 ROD, NPS
did not require that these entries be counted. After further
consideration, the NPS believes that counting these entries will
simplify management of snowmobile entries and the reservation system,
will be less confusing to the public, and will keep the daily level of
snowmobile use within the scope of the SEIS analysis.
Non-commercial groups would be required to have obtained by an
advance reservation a daily entry pass, for the first entrance they
intend to use on the first day of their trip and subsequent entries
would be counted against the entrance gate they initially entered the
park through. Thus, a non-commercial group entering at the West
Entrance and spending the night outside the park would count towards
the daily entry limits at the West Entrance each day the snowmobile is
in the park, regardless of the entrance through which they actually re-
enter.
Commercial groups would be counted each day towards their allocated
number of daily entries at their base entrance as specified in their
concessions contract. Thus, a commercial group entering at the West
Entrance and spending the night outside the park would count against
their allocation at their base entrance (West Entrance), not the
entrance through which they actually enter on subsequent days.
Visitors by snowmobile spending the night in Yellowstone, such as
at Old Faithful or Canyon Yurt Camp, would count towards the entry
limit for each day they are in the park. These provisions could be
modified through adaptive management.
Initially, snowmobiles rented at Old Faithful by an authorized
concessioner will not count against daily entry limits. Currently,
approximately 25 snowmobiles are available for rent at Old Faithful,
and NPS controls the level of use through the concessions contract.
Guiding requirements would apply to these snowmobile rentals. We do not
intend for this snowmobile rental operation to substantially increase.
This provision could be modified through adaptive management should
monitoring detect unacceptable impacts to park resources and values.

NPS Park Passes and Fees

Because of past experiences with large groups on numerous
snowmobiles, the NPS wishes to make clear the existing parameters on
the use of NPS-issued Park Passes that permit entry into the park for
free or at a reduced rate. Existing regulations regarding the various
passes issued by the NPS specifically limit the number of people who
may gain entrance to the park under a single passport or pass. The
intent in the existing regulations is to admit, for free or at a
reduced rate, only those persons occupying the same motor vehicle as
the pass holder. Those regulations also specifically state that a
second vehicle associated with this group but not occupied by the pass
holder will be charged at the single-visit rate.
To carry that intent into winter use, the NPS wants to make clear
that only the persons riding on the snowmobile with the passport or
pass holder and their immediate family (spouse, parents, and children
under the age of 21) may enter at the same fee rate as the passport or
pass holder. No other associated persons or snowmobiles will be
permitted entry at the reduced fee rate.
Lastly, the NPS is concerned about members of the public purchasing
entrance reservations and reselling them for a personal profit since
there will be a limited number of daily reservations available for non-
commercial entrances. Therefore, the NPS is seeking comments on whether
to prohibit the reselling of entrance reservations and by what means.

What Terms Do I Need To Know?

The NPS has added definitions for oversnow vehicle and designated
oversnow route. Additionally, we have added definitions for commercial
and non-commercial guides and have discussed those definitions at
length earlier in this proposed rule. For snowmobiles, we are using the
definition found at 36 CFR 1.4, as there is no need to alter that
definition at this time. For the sake of clarity and ease, we are
reiterating that definition again in this section. Earlier rulemakings
specific to Yellowstone, Grand Teton and the Parkway referenced
``unplowed roadways'' and that terminology was changed to ``designated
oversnow routes'' to more accurately portray the condition of the route
being used for oversnow travel. Despite this terminology change, these
routes will remain on roads or water surfaces used by motor vehicles
and motorboats during other seasons. Previous rulemakings also referred
only to snowmobiles or snowcoaches. Since there is a strong likelihood
that new forms of machines will be developed that can travel on snow, a
broader definition was developed to insure that such new technology
remained subject to regulation. When a particular requirement or
restriction only applies to a certain type of machine (for example:
some concession restrictions only apply to snowcoaches) then the
specific machine is stated and only applies to that type of vehicle,
not all oversnow vehicles. However, oversnow vehicles that do not meet
the strict definition of a snowcoach (i.e., both weight and passenger
capacity) would be subject to the same requirements as snowmobiles. The
definitions listed under Sec. 7.13(l)(1) will apply to all three
parks. These definitions may be further clarified based on changes in
technology.

Where Must I Operate My Snowmobile in the Park?

Specific routes are listed where snowmobiles may operate, but this
proposed rule also provides latitude for the Superintendent to modify
those routes available for use. When determining what routes are
available

[[Page 51535]]

for use, the Superintendent will use criteria that are the same as
those set forth in Sec. 2.18(c), and may also take other issues into
consideration including the most direct route of access, weather and
snow conditions, the necessity to eliminate congestion, the necessity
to improve the circulation of the visitor use patterns in the interest
of public safety and protection of park resources. The criteria
mentioned above are reiterated in this section since winter use
management in these parks will not be specifically subject to Sec.
2.18.
Snowmobiles authorized to operate on the frozen surface of Jackson
Lake may gain access to the Lake by trailering their snowmobiles to the
parking areas near the designated access points via the plowed roadway.
There is no direct access from the CDST to Jackson Lake and use limits
established for each area are distinctly separate.

What Other Conditions Apply to the Operation of Oversnow Vehicles?

A similar section existed in previous snowmobile regulations
entitled ``What other conditions are placed on snowmobile and snowcoach
operations?'' and addressed many of the same issues. A few minor
changes were made to those operating requirements, including modifying
the operating hours by one hour, limiting idling to 5 minutes at any
one time, and no longer allowing operation of a snowmobile by persons
holding only a learner's permit. These modifications were made based on
experiences over the last few winters with winter use operations and
the need to adjust requirements for safety and resource impact
considerations.

What Conditions Apply to Alcohol Use While Operating an Oversnow
Vehicle?

Although the regulations in 36 CFR 4.23 apply to oversnow vehicles,
additional regulations were needed to address the issue of under-age
drinking while operating a snowmobile and snowcoach operators or guides
operating under the influence while performing services for others.
Many states have adopted similar alcohol standards for under-age
operators and commercial drivers and the NPS feels it is necessary to
include these regulations specifically to help mitigate potential
safety concerns.
The alcohol level for minors (anyone under the age of 21) is set at
.02. Although the NPS endorses a ``zero tolerance'', a very low Blood
Alcohol Content (BAC) is established to avoid a chance of a false
reading. Mothers Against Drunk Driving and other organizations have
endorsed this enforcement posture and the NPS agrees that under-age
drinking and driving, particularly in a harsh winter environment, will
not be allowed.
In the case of snowcoach operator or guides, a low BAC limit is
also necessary. Those persons operating a snowcoach are likely to be
carrying 8 or more passengers in a vehicle with tracks or skis that is
more challenging to operate than a wheeled vehicle, and along oversnow
routes that could pose significant hazards should the driver not be
paying close attention or have impaired judgement. Similarly, persons
guiding others (commercially or non-commercially) on a snowmobile have
put themselves in a position of responsibility for the safety of other
visitors and of minimizing impacts to park wildlife and other
resources. Should the guide's judgement be impaired, hazards such as
wildlife on the road or snow obscured features, could endanger all
members of the group in an unforgiving climate. For these reasons, the
NPS is requiring that all guides be held to a stricter than normal
standard for alcohol consumption. Therefore, the NPS has established a
BAC limit of .02 for snowcoach operators and snowmobile guides. Again,
the NPS endorses a ``zero tolerance'' but provides a minimal amount of
latitude to avoid false positive readings. Should a snowcoach operator
or snowmobile guide be found to have a BAC above .02, their
authorization to serve as an operator or guide will be suspended and a
fine may be imposed.

Do Other NPS Regulations Apply to the Use of Oversnow Vehicles?

These regulations propose to supercede the NPS' general
snowmobiling regulations at 36 CFR 2.18 in order to avoid confusion as
to how two separate bodies of snowmobile regulation interrelate.
Relevant portions of 36 CFR 2.18 have been incorporated within these
proposed regulations. The proposed rule also supercedes 36 CFR 2.19(b)
because it provides for the towing of people behind an oversnow
vehicle. The proposed rule prohibits towing of persons on skis, sleds,
or other sliding devices by motor vehicle or snowmobile, except in
emergency situations. Towing people, especially children, is a
potential safety hazard and health risk due to road conditions, traffic
volumes, and direct exposure to snowmobile emissions. This rule does
not affect supply sleds attached by a rigid device or hitch pulled
directly behind snowmobiles or other oversnow vehicles as long as no
person or animal is hauled on them. Other provisions of 36 CFR Parts 1
and 2 continue to apply to the operation of oversnow vehicles unless
specifically excluded here.

Are There Any Other Forms of Non-Motorized Oversnow Transportation
Allowed in the Park?

YNP has specifically prohibited dog sledding and ski-joring (the
practice of a skier being pulled by dogs or a vehicle) to prevent
disturbance or harassment to wildlife. These restrictions have been in
place for several years under regulatory authority and would now be
codified in these regulations.

May I Operate a Snowplane?

Prior to the winter of 2002-2003, snowplanes were allowed on
Jackson Lake within GTNP under a permit system, but not authorized for
operation in YNP or the Parkway. The operation of snowplanes is now
prohibited in all three parks, and this rule continues that
prohibition. To avoid any uncertainty from this previous use on Jackson
Lake, this proposed rule includes language that specifically prohibits
the operation of snowplanes in each of these parks.

Is Violating Any of the Provisions of This Section Prohibited?

While writing this rule, park staff became concerned that a
statement did not exist specifically prohibiting violations of this
section. Some Magistrates have interpreted the lack of a specific
prohibitory statement to be ambiguous and therefore unenforceable.
Although it would seem to be implicit that each instance of a failure
to abide by specific requirements is a separate violation, the proposed
regulation contains clarifying language for this purpose. Each
occurrence of non-compliance with these regulations is a separate
violation. However, it should also be noted that each individual
regulatory provision (i.e., numbered in separate subparagraphs
throughout these three sections) could be violated individually and are
of varying severity. Thus, each subparagraph violated can and should
receive individual fines in accordance with the issuance of the park's
bail schedule as issued by the appropriate Magistrate. It is not
intended that violations of the individual subparagraphs of these
regulations be treated as a single violation or subject only to a
single fine.

Summary of Economic Analysis

In support of the proposed rulemaking, NPS conducted a draft
benefit-cost analysis and regulatory flexibility analysis. In support
of the final rulemaking, a quantitative benefit-cost analysis will be
conducted in

[[Page 51536]]

which the expected effects of the final rule would be monetized. The
quantitative benefit-cost analysis will draw on data gathered from a
survey of winter visitors to Yellowstone and Grand Teton National Parks
conducted during the 2002-2003 winter season. A draft report on the
survey will be released in conjunction with the draft benefit-cost
analysis issued in support of the proposed rulemaking. Selected
preliminary results from the survey were used to inform the draft
benefit-cost analysis. The final report on the winter visitor survey
will be released in conjunction with the quantitative benefit-cost
analysis of the final rule. For the purposes of this benefit-cost
analysis, Alternative 1b, as implemented by the 2002 ``delay rule'',
represents the baseline against which other alternatives are compared.
Under this baseline, most snowmobile use would be prohibited in the
parks as of the winter of 2004-2005, with restrictions on snowmobile
use phased in during the winter of 2003-2004. Alternatives 2, 3, and 4,
as discussed in the FSEIS, allow for continued recreational snowmobile
use subject to daily limits on the number of snowmobiles that can enter
the parks. This rulemaking proposes to promulgate alternative 4, with a
few modifications.
The primary beneficiaries of Alternatives 2, 3, and 4 are the park
visitors who ride snowmobiles in the park and the businesses that serve
them. Benefits accruing to individual visitors are called consumer
surplus gains and those accruing to businesses are called producer
surplus gains. Consumer surplus measures the net economic benefit
obtained by individuals from participating in their chosen activities,
while producer surplus measures the net economic benefit obtained by
businesses from providing services to individuals. Overall, Alternative
2 should provide greater consumer surplus benefits to snowmobile riders
than Alternatives 3 and 4, since it is less restrictive with respect to
entry limits, snowmobile emission standards, and guiding requirements.
As with the benefits described above, the costs of any alternative are
measured relative to the baseline conditions. The primary group that
would incur costs under Alternatives 2, 3, and 4 would be the park
visitors who do not ride snowmobiles and the businesses that provide
services to these visitors, as well as members of the general public
who place a value on protecting park resources from the negative
externalities associated with snowmobile use. Out of the set of
alternatives that allow for continued snowmobile access to the parks,
Alternative 3 is expected to impose the lowest costs on non-snowmobile
users who are adversely affected by snowmobile use because of the lower
daily limits, stricter emission limits and guided tour requirement
relative to Alternatives 2 and 4. Alternative 4 is expected to impose
only slightly higher costs on non-snowmobile users than Alternative 3,
with the biggest difference between Alternatives 3 and 4 coming from
the higher daily use limits under Alternative 4.
Balancing the benefits and the costs presented in this section,
Alternative 4, as proposed in this rulemaking, provides for increased
consumer surplus for snowmobile riders while containing provisions that
should help mitigate the costs imposed on those visitors who are
affected by the negative externalities imposed by snowmobiles.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

This document is a significant rule and has been reviewed by the
Office of Management and Budget under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. These conclusions are based on the analysis contained in
the Final SEIS and a report we commissioned on the economic impact of
this regulation, ``Proposed Regulations on Snowmobile Riding in the
Greater Yellowstone Area,'' MACTEC Engineering and Consulting, August
2003.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
Implementing actions under this rule will not interfere with plans by
other agencies or local government plans, policies, or controls since
this is an agency specific change.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. It only affects the use of over-snow machines within
specific national parks. No grants or other forms of monetary
supplement are involved.
(4) This rule may raise novel legal or policy issues. The issue has
generated local as well as national interest on the subject in the
Greater Yellowstone Area. The NPS received nearly 360,000 public
comment letters on the draft SEIS. Additionally, this is only the
second NPS regulation to use an adaptive management strategy for
managing visitor use levels. That concept, coupled with new provisions
for Best Available Technology engine requirements, make this proposed
rule unique to the NPS.

Regulatory Flexibility Act

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 Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This certification is based on information contained in the reports
entitled ``Winter 2002-2003 Visitor Survey: Yellowstone and Grand Teton
National Parks'' (MACTEC Engineering and Consulting, Inc. August 2003)
and ``Proposed Regulations on Snowmobile Riding in the Greater
Yellowstone Area'' (MACTEC Engineering and Consulting, Inc. August
2003). These reports are available in their draft form on the
Yellowstone website. Final versions of these reports will be available
upon publication of the final rule.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

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

Unfunded Mandates Reform Act

This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. It addresses public
use of national park lands, and imposes no requirements on other
agencies or governments.

Takings (Executive Order 12630)

In accordance with Executive Order 12630, the rule does not have
significant

[[Page 51537]]

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)

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

Paperwork Reduction Act

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

National Environmental Policy Act

A Final Supplemental Environmental Impact Statement has been
completed and a Record of Decision issued. The Final SEIS and ROD are
available for review by contacting Yellowstone or Grand Teton Planning
Offices or at www.nps.gov/grte/winteruse/intro.htm.

Government-to-Government Relationship With Tribes

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

Clarity of Rule

Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to read if it were divided into
more (but shorter) sections? (A ``section'' appears in bold type and is
preceded by the symbol ``Sec. '' and a numbered heading; for example
Sec. 7.13 Yellowstone National Park.) (5) Is the description of the
rule in the SUPPLEMENTARY INFORMATION section of the preamble helpful
in understanding the proposed rule? What else could we do to make the
rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You may also e-mail the comments to this address: Exsec@ios.doi.gov.
Drafting Information: The primary authors of this regulation were
Kevin Schneider, Outdoor Recreation Planner, Mona Divine, Deputy Chief
Ranger, John Sacklin, Supervisory Park Resource Planner, Yellowstone
National Park and; Bill Holda, Supervisory Park Ranger, Grand Teton
National Park; and Kym Hall, NPS Regulations Program Manager, and Barry
Roth, Attorney-Advisor, Washington, DC.
Public Participation: If you wish to comment, you may submit your
comments by any one of several methods. You may mail comments to:
Planning Office, Yellowstone National Park, PO Box 168, Yellowstone
National Park, WY 82190. You may also comment via the Internet at
www.nps.gov/yell/rule. Finally, you may hand deliver comments to
Planning Office, Mammoth Hot Springs, Yellowstone National Park,
Wyoming. Our practice is to make comments, including names and
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. If you wish us to withhold your name and/
or address, you must state this prominently at the beginning of your
comment. However, we will not consider anonymous comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.

List of Subjects in 36 CFR Part 7

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

We propose to amend 36 CFR part 7 as set forth below:

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

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

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

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

Sec. 7.13 Yellowstone National Park.

* * * * *
(l)(1) What terms do I need to know? Commercial guide means those
guides who operate as a snowmobile guide for a fee or compensation and
are authorized to operate in the park under a concession contract.
Non-commercial guide means those authorized guides who have
successfully completed an NPS-approved training course and provide
guiding services without compensation.
Oversnow route means that portion of the unplowed roadway located
between the road shoulders and is designated by snow poles or other
poles, ropes, fencing, or signs erected to regulate over-snow 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. Only oversnow vehicles are permitted on oversnow
routes.
Oversnow vehicle means a snowmobile, snowcoach, or other motorized
vehicle that is intended for travel primarily on snow and is authorized
by the Superintendent to operate in the park. An oversnow vehicle that
does not meet the definition of a snowcoach or a snowplane must comply
with all requirements applicable to snowmobiles.
Snowcoach means a self-propelled mass transit vehicle intended for
travel on snow, having a curb weight of over 1000 pounds (450
kilograms), driven by a track or tracks and steered by skis or tracks,
having a capacity of at least 8 passengers.
Snowplane means a self-propelled vehicle intended for oversnow
travel and driven by an air-displacing propeller.

[[Page 51538]]

(2) May I operate a snowmobile in Yellowstone National Park? You
may operate a snowmobile in Yellowstone National Park in compliance
with use limits and entry passes, guiding requirements, operating
dates, equipment, and operating conditions established in this section.
The Superintendent may establish additional operating conditions and
shall provide notice of those conditions in accordance with Sec.
1.7(a) of this chapter.
(3) May I operate a snowcoach in Yellowstone National Park?
Commercial snowcoaches may be operated in Yellowstone National Park
under a concessions contract. Non-commercial snowcoaches may be
operated if authorized by the Superintendent. Snowcoach operation is
subject to the conditions stated in the concessions contract and all
other conditions identified in this section:
(i) Beginning with the winter of 2005-2006, all non-historic
snowcoaches must meet NPS emissions requirements. These requirements
are the EPA's emission standards for the vehicle at the time it was
manufactured.
(ii) Any pollution control equipment that has exceeded its useful
life must be replaced.
(iii) Tampering with or disabling a snowcoach's original pollution
control equipment is prohibited except for maintenance purposes.
(iv) Individual snowcoaches will be periodically inspected tested
to determine compliance with the requirements of paragraphs (l)(3)(i)
through (l)(3)(iii) of this section.
(v) Beginning with the winter of 2008-2009, all non-historic
snowcoaches must meet NPS sound requirements. Snowcoaches must operate
at or below 75 dB(A) as measured at 25 mph on the A-weighted scale at
50 feet using test procedures similar to Society of Automotive
Engineers J1161 (revised 1983).
(vi) Historic snowcoaches (Bombardier snowcoaches manufactured in
1983 or earlier) are not initially required to meet air or sound
requirements.
(4) Must I operate a certain model of snowmobile? Only commercially
available snowmobiles that meet NPS air and sound emissions
requirements may be operated in Yellowstone National Park. The park
will identify snowmobile makes, models, and year of manufacture that
meet those requirements. Any snowmobile not so identified by the NPS
may not be operated in the park.
(i) Snowmobiles must achieve air emissions below 15 g/kW-hr for
hydrocarbons and 120 g/kW-hr for carbon monoxide as tested using a 5-
mode engine dynamometer in accordance with the test cycle identified by
EPA's snowmobile regulations in 40 CFR parts 1051 and 1065.
(ii) For sound emissions snowmobiles must operate at or below
73dB(A) as measured at full throttle according to Society of Automotive
Engineers J192 test procedures (revised 1985).
(iii) Snowmobiles not operating under a concessions contract do not
have to meet air and sound requirements for the winter 2003-2004 only.
(5) Where must I operate my snowmobile in Yellowstone National
Park? You must operate your snowmobile only upon designated oversnow
routes established within the park. The following oversnow routes are
designated for snowmobile use:
(i) The Grand Loop Road from its junction with Terrace Springs
Drive to Norris Junction.
(ii) Norris Junction to Canyon Junction.
(iii) The Grand Loop Road from Norris Junction to Madison Junction.
(iv) The West Entrance Road from the park boundary at West
Yellowstone to Madison Junction.
(v) The Grand Loop Road from Madison Junction to West Thumb.
(vi) The South Entrance Road from the South Entrance to West Thumb.
(vii) The Grand Loop Road from West Thumb to its junction with the
East Entrance Road.
(viii) The East Entrance Road from the East Entrance to its
junction with the Grand Loop Road.
(ix) The Grand Loop Road from its junction with the East Entrance
Road to Canyon Junction.
(x) The South Canyon Rim Drive.
(xi) Lake Butte Road.
(xii) In the developed areas of Madison Junction, Old Faithful,
Grant Village, Lake, Fishing Bridge, Canyon, Indian Creek, and Norris.
(xiii) The Superintendent may designate additional oversnow routes
for snowmobiles only when the use is consistent with the park's
natural, cultural, scenic and aesthetic values, safety considerations,
park management objectives, and will not disturb wildlife or damage
park resources.
(xiv) The Superintendent may open or close these or other routes,
or portions thereof, after taking into consideration the location of
wintering wildlife, appropriate snow cover, public safety, and other
factors. Notice of such opening or closing shall be provided by one or
more of the methods listed in Sec. 1.7(a) of this chapter.
(xv) Maps detailing the designated oversnow routes will be
available from Park Headquarters.
(6) What routes are designated for snowcoach use? Authorized
snowcoaches may only be operated on the routes designated for
snowmobile use in paragraphs (l)(5)(i) through (l)(5)(xii) of this
section and the following additional oversnow routes:
(i) Firehole Canyon Drive.
(ii) Fountain Flat Road.
(iii) Virginia Cascades Drive.
(iv) North Canyon Rim Drive.
(v) Riverside Drive.
(vi) That portion of the Grand Loop Road from Canyon Junction to
Washburn Hot Springs overlook.
(vii) The Superintendent may designate or close these or other
oversnow routes for snowcoach travel. Notice of such opening or closing
shall be provided by one or more of the methods listed in Sec. 1.7(a)
of this chapter.
(7) Will I be required to use a guide while snowmobiling in
Yellowstone? Beginning in the winter of 2004-2005, all recreational
snowmobile operators must be accompanied by a guide that has
successfully completed an NPS-approved training program.
(8) What other requirements apply to the use of snowmobile guides?
During the winter of 2003-2004 only, eighty percent (80%) of the
authorized daily snowmobile entries are allocated under concessions
contracts for commercial guiding services, while the remaining twenty
percent (20%) of the authorized daily snowmobile entries are allocated
to the general public and do not require a guide. Beginning the winter
of 2004-2005, eighty percent (80%) of the authorized daily snowmobile
entries for each entrance are allocated for commercially guided
parties, while the remaining twenty percent (20%) of the authorized
daily snowmobile entries are allocated for non-commercially guided
parties.
(i) Non-commercial guides will be required to successfully complete
a training program approved by the Superintendent to include training
on park rules, safety considerations, and appropriate actions to
minimize impacts to wildlife and other park resources.
(ii) Snowmobile parties must travel in a group of at least two
snowmobiles but no more than 11 snowmobiles, including that of the
guide.
(iii) It is prohibited for non-commercial guides, or anyone else,
to receive fees or other forms of compensation for non-commercial
guiding services.
(iv) Guided parties must travel together within a maximum of one-
third

[[Page 51539]]

mile of the first snowmobile in the group.
(v) The Superintendent may change requirements related to guiding,
including the commercial: non-commercial guide ratio. Except for
emergency situations, changes to guiding requirements may be made
annually and the public will be notified of those changes by one or
more of the procedures listed in Sec. 1.7(a) of this chapter.
(9) Are there limits established for the numbers of snowmobiles
permitted to enter the park each day? Beginning with the winter of
2003-2004, the numbers of snowmobiles allowed to enter the park each
day will be limited to a certain number per entrance. The initial
limits are listed in the following table:

Table 1 to Sec. 7.13.--Initial Daily Snowmobile Entry Limits
----------------------------------------------------------------------------------------------------------------
Number of Number of non-
commercially- commercially Total number
guided guided of snowmobile
Park entrance road segment snowmobiles snowmobile entrance
entrance entrance passes
passes passes \1\
----------------------------------------------------------------------------------------------------------------
(i) YNP--North Entrance......................................... 40 10 50
(ii) YNP--West Entrance......................................... 440 110 550
(iii) YNP--South Entrance....................................... 200 50 250
(iv) YNP--East Entrance......................................... 80 20 100
----------------------------------------------------------------------------------------------------------------
\1\ In the 2003-2004 winter season only, these entries would be available for unguided parties, to allow
sufficient time to develop and implement a non-commercial guide training program.

(v) The limits established in Table 1 to this section apply until
modified by the Superintendent. The Superintendent may establish
different limits on an annual basis, after taking into consideration
the effectiveness of air and sound requirements, the state of
technology, monitoring results, or other relevant information. The
public will be made aware of any new limits through publication in the
Federal Register and using one or more of the methods listed in Sec.
1.7(a) of this chapter.
(10) When may I operate my snowmobile or snowcoach? (i) A
snowmobile or snowcoach may only be operated between 7:00 a.m. and 9:00
p.m.
(ii) The Superintendent may adjust operating hours. Except for
emergency situations, changes to operating hours may be made annually
and the public will be notified of those changes through publication in
the Federal Register and 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 operating conditions are prohibited:
(A) Idling an oversnow vehicle more than 5 minutes at any one time.
(B) Operating an oversnow vehicle while the operator's state motor
vehicle license or privilege is suspended or revoked by any state.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
(D) Operating an oversnow vehicle in willful or wanton disregard
for the safety of persons, property, or park resources or otherwise in
a reckless manner.
(E) Operating an oversnow vehicle without a lighted white headlamp
and red taillight.
(F) Operating an oversnow vehicle that does not have brakes in good
working order.
(G) The towing of persons on skis, sleds or other sliding devices
by oversnow vehicles, except in emergency situations.
(ii) The following operating conditions are required:
(A) All vehicles that stop on designated routes must pull over to
the far right and next to the snow berm. Pullouts must be utilized
where available and accessible. Vehicles may not be stopped in a
hazardous location or where the view might be obscured, or operating so
slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle operators must possess a valid state motor
vehicle operator's license. A learner's permit does not satisfy this
requirement. The license must be carried on the operator's person 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
state registration sticker from any state in the United States.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The public
will be notified of any changes through one or more methods listed in
Sec. 1.7(a) of this chapter.
(12) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to the regulations contained in 36 CFR
4.23, the following conditions apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the operator is 20 years of age or younger
and the alcohol concentration in the operator'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 operator is a snowmobile guide or a
snowcoach operator and the alcohol concentration in the operator'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.
(iii) Refusing to take an alcohol or drug test, as required under
36 CFR 4.23, or any conviction for driving under the influence of drugs
or alcohol while driving a motor vehicle or operating an oversnow
vehicle disqualifies an operator from snowmobile guiding or operating a
commercial snowcoach.
(13) Do other NPS regulations apply to the use of oversnow
vehicles? The following sections apply to the use of oversnow vehicles,
but the provisions of this section govern for purposes of operating an
oversnow vehicle:
(i) Notwithstanding the definition of vehicle set forth in Sec.
1.4, the provisions of Sec. Sec. 4.3, 4.4, 4.12, 4.13, 4.14, 4.20,
4.21, 4.22, and 4.23 of this chapter apply to the operation of an
oversnow vehicle.
(ii) The use of snowmobiles in Yellowstone is not subject to
Sec. Sec. 2.18 and 2.19(b) of this chapter.
(14) Are there any other forms of non-motorized oversnow
transportation allowed in the park? Non-motorized

[[Page 51540]]

travel consisting of skiing, skating, snowshoeing, or walking are
permitted unless otherwise restricted pursuant to this section or other
provisions of 36 CFR part 1.
(i) 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.
(ii) Dog sledding or ski-jorring is prohibited.
(15) May I operate a snowplane in Yellowstone? The operation of a
snowplane in Yellowstone is prohibited.
(16) Is violating any of the provisions of this section prohibited?
Violating any of the terms, conditions or requirements of paragraphs
(l)(1) through (l)(15) of this section is prohibited. Each occurrence
of non-compliance with these regulations is a separate violation.
* * * * *
3. Amend Sec. 7.21 to revise paragraph (a) to read as follows:

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

(a)(1) What terms do I need to know? All the terms in Sec.
7.13(l)(1) of this part apply to this section.
(2) May I operate a snowmobile in the Parkway? You may operate a
snowmobile in the Parkway in compliance with use limits, guiding
requirements, operating dates, equipment, and operating conditions
established in this section. The Superintendent may establish
additional operating conditions and shall provide notice of those
conditions in accordance with Sec. 1.7(a) of this chapter.
(3) May I operate a snowcoach in the Parkway? Commercial
snowcoaches may be operated in the Parkway under a concessions
contract. Non-commercial snowcoaches may be operated if authorized by
the Superintendent. Snowcoach operation is subject to the conditions
stated in the concessions contract and all other conditions identified
in this section.
(i) Beginning with the winter of 2005-2006, all non-historic
snowcoaches must be NPS air emissions requirements. These requirements
are the EPA's emission standards for the vehicle at the time it was
manufactured.
(ii) Any pollution equipment that has exceeded it useful life must
be replaced.
(iii) Tampering with or disabling a snowcoach's original pollution
control equipment is prohibited except for maintenance purposes.
(iv) Individual snowcoaches will be periodically inspected to
determine compliance with the requirements of paragraphs (a)(3)(i)
through (a)(3)(iii) of this section.
(v) Beginning with the winter of 2008-2009, all non-historic
snowcoaches must meet NPS sound requirements. Snowcoaches must operate
at or below 75 dB(A) as measured at 25 mph on the A-weighted scale at
50 feet using test procedures similar to Society of Automotive
Engineers J1161 (revised 1983).
(vi) Historic snowcoaches (Bombardier snowcoaches manufactured in
1983 or earlier) are not required to meet air or sound requirements.
(4) Must I operate a certain model of snowmobile? Only commercially
available snowmobiles that meet NPS air and sound requirements may be
operated in the parkway. The park will identify snowmobile makes,
models, and year of manufacture that meet those requirements. Any
snowmobile not so identified by the NPS may not be operated in the
park.
(i) Snowmobiles must achieve air emissions below 15 g/kW-hr for
hydrocarbons and 120 g/kW-hr for carbon monoxide as tested using a 5-
mode engine dynamometer in accordance with the test cycle identified by
EPA's snowmobile regulations in 40 CFR parts 1051 and 1065.
(ii) For sound emissions snowmobiles must operate at or below
73dB(A) as measured at full throttle according to Society of Automotive
Engineers J192 test procedures (revised 1985).
(iii) These air and sound emissions requirements shall not apply to
snowmobiles originating in the Targhee National Forest and traveling on
the Grassy Lake Road to Flagg Ranch; however, these snowmobiles may not
travel further into the Parkway than Flagg Ranch.
(5) Where must I operate my snowmobile in the Parkway? You must
operate your snowmobile only upon designated oversnow routes
established within the Parkway. The following oversnow routes are
designated for snowmobile use:
(i) The Continental Divide Snowmobile Trail (CDST) along U.S.
Highway 89/287 from the southern boundary of the Parkway north to the
Snake River Bridge.
(ii) Along U.S. Highway 89/287 from the Snake River Bridge to the
northern boundary of the Parkway.
(iii) Grassy Lake Road from Flagg Ranch to the western boundary of
the Parkway.
(iv) The Superintendent may designate other oversnow routes for
snowmobile use only when the use is consistent with the park's natural,
cultural, scenic and aesthetic values, safety considerations, park
management objectives, and will not disturb wildlife or damage park
resources.
(v) The Superintendent may open or close these routes or other
routes, or portions thereof, after taking into consideration the
location of wintering wildlife, appropriate snow cover, public safety
or to effectively manage visitor use and experience. Notice of such
opening or closing shall be provided by one or more of the methods
listed in Sec. 1.7(a) of this chapter.
(vi) 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 route designated for snowmobile
use in paragraph (a)(5)(ii) of this section. No other routes are open
to snowcoach use.
(ii) The Superintendent may designate or close these or other
oversnow routes for snowcoach travel. Notice of such opening or closing
shall be provided by one or more of the methods listed in Sec. 1.7(a)
of this chapter.
(7) Will I be required to use a guide while snowmobiling in the
Parkway? Beginning in the winter of 2004-2005, all recreational
snowmobile operators using the oversnow route along U.S. Highway 89/287
from Flagg Ranch to the northern boundary of the parkway must be
accompanied by a guide that has successfully completed an NPS-approved
training program. A guide is not required in other portions of the
parkway.
(8) What other requirements apply to the use of snowmobile guides?
During the winter of 2003-2004 only, eighty percent (80%) of the
authorized daily snowmobile use on U.S. Highway 89/287 from the Snake
River Bridge to the northern boundary of the Parkway is awarded under
concessions contracts for commercial guiding services, while the
remaining twenty percent (20%) of the authorized daily snowmobile
entries do not require a guide. Beginning the winter of 2004-2005,
eighty percent (80%) of the authorized daily snowmobile use on this
road segment are allocated for commercially guided parties. The
remaining twenty percent (20%) of authorized daily snowmobile use is
allocated for non-commercially guided parties.
(i) Non-commercial guides are required to successfully complete a
training program approved by the Superintendent to include training on
parkway rules, safety considerations, and appropriate actions to
minimize impacts to wildlife and other parkway resources.

[[Page 51541]]

(ii) Snowmobile parties must travel in a group of at least two
snowmobiles but no more than 11 snowmobiles, including the guide.
(iii) It is prohibited for non-commercial guides, or anyone else,
to receive fees or other forms of compensation for the non-commercial
guiding services.
(iv) Guided parties must travel together within a maximum of one-
third mile of the first snowmobile in the group.
(v) The Superintendent may change requirements related to guiding,
including the commercial to non-commercial guide ratio. Except for
emergency situations, changes to guiding requirements may be made
annually and the public will be notified of those changes by one or
more of the procedures listed in Sec. 1.7(a) of this chapter.
(9) Are there limits established for the numbers of snowmobiles
permitted to enter the Parkway each day? (i) Beginning with the winter
of 2003-2004, the numbers of snowmobiles allowed to enter the Parkway
each day will be limited to a certain number per road segment.

Table 1 to Sec. 7.21.--Initial Daily Snowmobile Entry Limits
----------------------------------------------------------------------------------------------------------------
Number of Number of non-
commercially- commercially Total number
guided guided of snowmobile
Park entrance/road segment snowmobile showmobile entrance
entrance entrance passes
passes passes
----------------------------------------------------------------------------------------------------------------
(A) GTNP and the Parkway--Total Use on CDST 2................... N/A N/A 1 75
(B) Parkway--Toal Use Grassy Lake Road.......................... N/A N/A 1 75
----------------------------------------------------------------------------------------------------------------
1 These users do not have to be accompanied by a guide.
2 The Continental Divide Snowmobile Trail lies within both GTNP and the Parkway. The 75 daily snowmobile use
limit applies to total use on this trail in both parks.

(ii) The limits established in Table 1 to this section apply until
modified by the Superintendent. The Superintendent may modify these
limits annually after taking into consideration the effectiveness of
air and sound requirements, the state of technology, monitoring
results, or other relevant information. The public will be made aware
of new limits through publication in the Federal Register and using one
or more of the methods listed in Sec. 1.7(a) of this chapter.
(10) When may I operate my snowmobile or snowcoach? (i) A
snowmobile or snowcoach may only be operated between 7 a.m. and 9 p.m.
(ii) The Superintendent may adjust operating hours. Except for
emergency situations, changes to operating hours may be made annually
and the public will be notified of those changes through publication in
the Federal Register and 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 operating conditions are prohibited:
(A) Idling an oversnow vehicle more than 5 minutes at any one time.
(B) Operating an oversnow vehicle while the operator's state motor
vehicle license or privilege is suspended or revoked by any state.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
(D) Operating an oversnow vehicle in willful or wanton disregard
for the safety of persons, property, or parkway resources or otherwise
in a reckless manner.
(E) Operating an oversnow vehicle without a lighted white headlamp
and red taillight.
(F) Operating an oversnow vehicle that does not have brakes in good
working order.
(G) The towing of persons on skis, sleds or other sliding devices
by oversnow vehicles, except in emergency situations.
(ii) The following operating conditions are required:
(A) All vehicles that stop on designated routes must pull over to
the far right and next to the snow berm. Pullouts must be utilized
where available and accessible. Vehicles may not be stopped in a
hazardous location or where the view might be obscured, or operating so
slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle operators must possess a valid state motor
vehicle operator's license. The license must be carried on the
operator's person 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
state registration sticker from any state in the United States.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect parkway resources, visitors, or employees. The
public will be notified of any changes through one or more methods
listed in Sec. 1.7(a) of this chapter.
(12) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to the regulations in 36 CFR 4.23, the
following conditions apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the operator is 20 years of age or younger
and the alcohol concentration in the operator'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 operator is a guide or a snowcoach
operator and the alcohol concentration in the operator'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.
(iii) Refusing to take an alcohol or drug test, as required under
36 CFR 4.23, or any conviction for driving under the influence of drugs
or alcohol while driving a motor vehicle or operating an oversnow
vehicle disqualifies an operator from guiding or operating a commercial
snowcoach.
(13) Do other NPS regulations apply to the use of oversnow
vehicles? The following sections apply to the use of oversnow vehicles,
but the provisions of this section govern for purposes of operating an
oversnow vehicle:
(i) Notwithstanding the definition of vehicle set forth in Sec.
1.4, the provisions of Sec. Sec. 4.1, 4.3, 4.4, 4.12, 4.13, 4.14,
4.20, 4.21, 4.22, and 4.23 of this chapter

[[Page 51542]]

apply to the operation of an oversnow vehicle.
(ii) The use of snowmobiles in the Parkway is not subject to
Sec. Sec. 2.18 and 2.19(b) of this chapter.
(14) Are there any other forms of non-motorized oversnow
transportation allowed in the parkway? (i) Non-motorized travel
consisting of skiing, skating, snowshoeing, or walking are permitted
unless otherwise restricted pursuant to this section or other
provisions of 36 CFR part 1 provided you follow all applicable
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.
(15) May I operate a snowplane in the parkway? The operation of a
snowplane in the parkway is prohibited.
(16) Is violating any of the provisions of this section prohibited?
Violating any of the terms, conditions or requirements of paragraphs
(a)(1) through (a)(15) of this section is prohibited. Each occurrence
of non-compliance with these regulations is a separate violation.
* * * * *
4. Amend Sec. 7.22 to revise paragraph (g) to read as follows:

Sec. 7.22 Grand Teton National Park.

* * * * *
(g)(1) What terms do I need to know? All the terms in Sec.
7.13(l)(1) of this part apply to this section.
(2) May I operate a snowmobile in the Grand Teton National Park?
You may operate a snowmobile in Grand Teton National Park in compliance
with use limits, guiding requirements, operating dates, equipment, and
operating conditions established in 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.
(3) May I operate a snowcoach in Grand Teton National Park? It is
prohibited to operate a snowcoach in Grand Teton National Park.
(4) Must I operate a certain model of snowmobile in the park? Only
commercially available snowmobiles that meet NPS air and sound
requirements may be operated in Grand Teton National Park. The park
will identify snowmobile makes, models, and year of manufacture that
meet those requirements. Any snowmobile not so identified by the NPS
may not be operated in the park.
(i) Snowmobiles must achieve air emissions below 15 g/kW-hr for
hydrocarbons and 120 g/kW-hr for carbon monoxide as tested using a 5-
mode engine dynamometer in accordance with the test cycle identified by
EPA's snowmobile regulations in 40 CFR parts 1051 and 1065.
(ii) For sound emissions snowmobiles must operate at or below
73dB(A) as measured at full throttle according to Society of Automotive
Engineers J192 test procedures (revised 1985).
(iii) These air and sound requirements do not apply to snowmobiles
while in use to access lands authorized by paragraphs (g)(14) and
(g)(16) of this section.
(iv) Snowmobiles do not have to meet air and sound requirements for
the winter 2003-2004 only.
(5) Where must I operate my snowmobile in the park? You must
operate your snowmobile only upon designated oversnow routes
established within the park. The following oversnow routes are
designated for snowmobile use:
(i) The frozen water surface of Jackson Lake for the purposes of
ice fishing only. Those persons accessing Jackson lake for ice fishing
must possess a valid state fishing license and the proper fishing gear.
(ii) The Continental Divide Snowmobile Trail along U.S. 26/287 from
Moran Junction to the eastern park boundary and along U.S. 89/287 from
Moran Junction to the north park boundary.
(iii) The Superintendent may designate snowmobile routes only when
the use is consistent with the park's natural, cultural, scenic and
aesthetic values, safety considerations, park management objectives,
and will not disturb wildlife or damage park resources.
(iv) The Superintendent may open or close these or other routes, or
portions thereof, and may establish separate zones for motorized and
non-motorized use on Jackson Lake, after taking into consideration the
location of wintering wildlife, appropriate snow cover, public safety
and to effectively manage visitor use and experience. Notice of such
opening or closing shall be provided by one or more of the methods
listed in Sec. 1.7(a) of this chapter.
(v) Maps detailing the designated oversnow routes will be available
from Park Headquarters.
(6) Will I be required to use a guide while snowmobiling in Grand
Teton National Park? (i) You will not be required to use a guide while
snowmobiling in Grand Teton National Park.
(ii) The Superintendent may establish requirements related to the
use of guides, including requirements for commercial and/or non-
commercial guides. Changes to guiding requirements may be made annually
and the public will be notified of those changes by one or more of the
procedures listed in Sec. 1.7(a) of this chapter.
(7) Are there limits established for the numbers of snowmobiles
permitted to operate in Grand Teton National Park each day? (i)
Beginning with the winter of 2003-2004, the numbers of snowmobiles
allowed to enter the park each day will be limited to a certain number
per road segment or area. The initial limits are listed in the
following table:

Table 1. To Sec. 7.22.--To Initial Daily Snowmobile Entry Limits
----------------------------------------------------------------------------------------------------------------
Number of Number of non-
commercially- commercially Total number
guided guided of snowmobile
Park entrance/road segment snowmobile snowmobile entrance
entrance entrance passes
passes passes
----------------------------------------------------------------------------------------------------------------
(A) GTNP and the Parkway--Total Use on CDST 2................... N/A N/A 75
(B) Jackson Lake................................................ N/A N/A 40
----------------------------------------------------------------------------------------------------------------
1 These users do not have to be accompanied by a guide.
2 The Continental Divide Snowmobile Trail lies within both GTNP and the Parkway. The 75 daily snowmobile use
limit applies to total use on this trail in both parks.

(ii) The limits established in Table 1 of this section apply until
modified by the Superintendent. The Superintendent may modify these
limits annually after taking into consideration the effectiveness of
air and sound

[[Page 51543]]

requirements, the state of technology, monitoring results, or other
relevant information. The public will be made aware of new limits
through publication in the Federal Register and using one or more of
the methods listed in Sec. 1.7(a) of this chapter.
(8) When may I operate my snowmobile? (i) A snowmobile may only be
operated between 7 a.m. and 9 p.m.
(ii) The Superintendent may adjust operating hours. Except for
emergency situations, changes to operating hours may be made annually
and the public will be notified of those changes through publication in
the Federal Register and through one or more of the methods listed in
Sec. 1.7(a) of this chapter.
(9) What other conditions apply to the operation of oversnow
vehicles? (i) The following operating conditions are prohibited:
(A) Idling an oversnow vehicle more than 5 minutes at any one time.
(B) Operating an oversnow vehicle while the operator's state motor
vehicle license or privilege is suspended or revoked by any state.
(C) Allowing or permitting an unlicensed driver to operate an
oversnow vehicle.
(D) Operating 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 operating conditions are required:
(A) All vehicles that stop on designated routes must pull over to
the far right and next to the snow berm. Pullouts must be utilized
where available and accessible. Vehicles may not be stopped in a
hazardous location or where the view might be obscured, or operating so
slowly as to interfere with the normal flow of traffic.
(B) Oversnow vehicle operators must possess a valid state motor
vehicle operator's license. The license must be carried on the
operator's person 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
state registration sticker from any state in the United States.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The public
will be notified of any changes through one or more methods listed in
Sec. 1.7(a) of this chapter.
(10) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to the regulations in 36 CFR 4.23, the
following conditions apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the operator is 20 years of age or younger
and the alcohol concentration in the operator'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 operator is a commercial guide or a snow
coach operator and the alcohol concentration in the operator'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.
(11) Do other NPS regulations apply to the use of oversnow
vehicles? The following sections apply to the use of oversnow vehicles,
but the provisions of this section govern for purposes of operating an
oversnow vehicle:
(i) Notwithstanding the definition of vehicle set forth in Sec.
1.4, the provisions of Sec. Sec. 4.1, 4.3, 4.4, 4.12, 4.13, 4.14,
4.20, 4.21, 4.22, and 4.23 of this chapter apply to the operation of an
oversnow vehicle.
(ii) The use of snowmobiles in Grand Teton National Park is not
subject to Sec. Sec. 2.18 and 2.19(b) of this chapter.
(12) Are there any other forms of non-motorized oversnow
transportation allowed in the park? (i) Non-motorized travel including
skiing, skating, snowshoeing, or walking are permitted provided you
follow all applicable regulations.
(ii) The Superintendent may designate areas of the park as closed
or establish terms and conditions for skiing, snowshoeing, or walking
in order to protect visitors, employees or park resources.
(13) May I operate a snowplane in Grand Teton National Park? The
operation of a snowplane in Grand Teton National Park is prohibited.
(14) May I continue to access public lands via snowmobile through
the park? Reasonable and direct access, via snowmobile, to adjacent
public lands will continue to be permitted on designated routes through
the park. Requirements established in this section related to
snowmobile operator age, guiding and licensing do not apply on these
oversnow routes. The following routes only are designated for access
via snowmobile to public lands:
(i) From the parking area at Shadow Mountain directly along the
unplowed portion of the road to the east park boundary.
(ii) Along the unplowed portion of the Ditch Creek Road directly to
the east park boundary.
(15) For what purpose may I use the routes designated in paragraph
(g)(14) of this section? You may use those routes designated in
paragraph (g)(14) of this section only to gain direct access to public
lands adjacent to the park boundary.
(16) May I continue to access private property within or adjacent
to the park via snowmobile? Until such time as the United States takes
full possession of an inholding in the park, the Superintendent may
establish reasonable and direct access routes via snowmobile, to such
inholding, or to private property adjacent to park boundaries for which
other routes or means of access are not reasonably available.
Requirements established in this section related to air and sound
emissions, snowmobile operator age, licensing, and guiding do not apply
on these oversnow routes. The following routes are designated for
access to properties within or adjacent to the park:
(i) The unplowed portion of Antelope Flats Road off U.S. 26/89 to
private lands in the Craighead Subdivision.
(ii) The unplowed portion of the Teton Park Road to the piece of
land commonly referred to as the ``Clark Property''.
(iii) From the Moose-Wilson Road to the land commonly referred to
as the ``Barker Property''.
(iv) From the Moose-Wilson Road to the land commonly referred to as
the ``Wittimer Property''.
(v) From the Moose-Wilson Road to those two pieces of land commonly
referred to as the ``Halpin Properties''.
(vi) From the south end of the plowed sections of the Moose-Wilson
Road to that piece of land commonly referred to as the ``JY Ranch''.
(vii) From Highway 26/89/187 to those lands commonly referred to as
the ``Meadows'', the ``Circle EW Ranch'', the ``Moulton Property'', the
``Levinson Property'' and the ``West Property''.
(viii) From Cunningham Cabin pullout on U.S. 26/89 near Triangle X
to

[[Page 51544]]

the piece of land commonly referred to as the ``Lost Creek Ranch''.
(ix) Maps detailing designated routes will be available from Park
Headquarters.
(17) For what purpose may I use the routes designated in paragraph
(g)(16) of this section? Those routes designated in paragraph (g)(16)
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.
(18) Is violating any of the provisions of this section prohibited?
Violating any of the terms, conditions or requirements of paragraphs
(g)(1) through (g)(17) of this section is prohibited. Each occurrence
of non-compliance with these regulations is a separate violation.

Dated: August 15, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-21332 Filed 8-22-03; 10:22 am]

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