65348 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR

National Park Service 

36 CFR Part 7 

RIN 1024–AD29 

Special Regulations; Areas of the 

National Park System

AGENCY: National Park Service, Interior.

ACTION: Final rule.

SUMMARY: This rule will manage winter 

visitation and recreational use in 

Yellowstone and Grand Teton National 

Parks and the John D. Rockefeller, Jr., 

Memorial Parkway for up to three 

winter seasons (i.e., through the winter 

of 2006–2007). This final rule is issued 

in conjunction with the Finding of No 

Significant Impact (FONSI) for the 

Temporary Winter Use Plans 

Environmental Assessment (EA), 

approved November 4, 2004, and will 

ensure that visitors to the parks have an 

appropriate range of winter recreational 

opportunities for the interim period. In 

addition, the final rule will ensure that 

these recreational activities are in an 

appropriate setting and that they do not 

impair park resources or values. The 

final rule is also necessary to allow time 

to collect additional monitoring data on 

the strictly limited snowmobile and 

snowcoach use. This rule provides a 

structure for winter use management in 

the parks for an interim period and is 

intended to reduce confusion and 

uncertainty among the public and local 

communities about winter use. These 

regulations require that recreational 

snowmobiles and snowcoaches 

operating in the parks meet certain air 

and sound restrictions, that 

snowmobilers be accompanied by a 

commercial guide in Yellowstone, and 

institute new daily entry limits on the 

numbers of snowmobiles that may enter 

the parks. Traveling off designated 

oversnow routes remains prohibited.

DATES: This regulation is effective 

December 10, 2004.

FOR FURTHER INFORMATION CONTACT: John 

Sacklin, Management Assistant’s Office, 

Yellowstone National Park, (307) 344–

2019.

SUPPLEMENTARY INFORMATION: The 

National Park Service (NPS) has been 

managing winter use issues in 

Yellowstone National Park, Grand Teton 

National Park, and the John D. 

Rockefeller, Jr., Memorial Parkway 

(parkway; collectively the parks) for 

several decades. In 1990, the NPS 

completed a Winter Use Plan for the 

parks, but by 1993, it was clear that 

winter visitation was increasing much 

more rapidly than the plan had 

projected, with peak day use exceeding 

1,600 snowmobiles in both parks. This 

prompted the Greater Yellowstone 

Coordinating Committee (composed of 

the park superintendents and national 

forest supervisors) to begin data 

collection for the analysis of winter use 

within the entire Greater Yellowstone 

Area. Their work culminated in 1999 

with a document entitled, Winter Visitor 

Use Management: A Multi-Agency 

Assessment.

However, in 1997, the Fund for 

Animals and other plaintiffs filed a 

lawsuit in the United States District 

Court for the District of Columbia, 

claiming, among other things, violations 

of the National Environmental Policy 

Act (NEPA) in developing the winter 

use plan for the parks. In October 1997, 

the Department of the Interior and the 

plaintiffs reached a settlement 

agreement wherein the NPS agreed, in 

part, to prepare an environmental 

impact statement (EIS) for a new winter 

use plan for the parks. The Final EIS 

was released in October 2000, and the 

Record of Decision was signed on 

November 22, 2000. The decision stated 

the intention of the NPS to eliminate 

both snowmobile and snowplane use of 

the parks, based on a finding that these 

uses (at historical and essentially 

unregulated levels) caused an 

impairment of the parks’ resources and 

values. A final rule to implement this 

decision was published in the Federal 

Register on January 22, 2001. 

In early December 2000, the 

International Snowmobile 

Manufacturers Association (ISMA) and 

several other plaintiffs (subsequently 

including the States of Wyoming and 

Montana) named the Secretary of the 

Interior, the Director of the National 

Park Service, and other officials in the 

Department of the Interior as defendants 

in a lawsuit filed in the United States 

District Court for the District of 

Wyoming. The lawsuit asked for the 

decision to prohibit snowmobiles to be 

set aside, alleging that the NPS violated 

NEPA and the Administrative Procedure 

Act (APA), among other things, in 

reaching the decision. The Interior 

Department and the NPS settled this 

lawsuit by agreeing to prepare a 

Supplemental Environmental Impact 

Statement (SEIS) in order to incorporate 

any new or additional information 

regarding cleaner and quieter 

snowmobile technology and to allow for 

additional public involvement in the 

process. On November 18, 2002, the 

NPS published a rule in the Federal 

Register delaying the snowmobile 

phase-out by one year, allowing time for 

completion of the SEIS. On February 20, 

2003, the NPS issued the Final SEIS, 

which proposed to continue allowing 

snowmobile use under three strict 

conditions: (1) Winter visitation was to 

be limited to no more than 950 

snowmobiles per day in Yellowstone; 

(2) all snowmobiles would have to use 

best available technology; and (3) 

snowmobilers would have to be led by 

trained guides. A Record of Decision 

was signed on March 25, 2003, and a 

final rule implementing the decision 

was published in the Federal Register

on December 11, 2003. The new 

decision was challenged by the Fund for 

Animals and the Greater Yellowstone 

Coalition in the United States District 

Court for the District of Columbia. On 

December 16, 2003, the court vacated 

the new regulation and effectively 

reinstated the January 22, 2001, rule 

phasing out the recreational use of 

snowmobiles in the parks. Under the 

amended 2001 rule, approximately half 

the number of snowmobiles that would 

have been allowed under the 2003 rule 

were allowed into the parks for the 

2003–2004 winter season, and 

snowmobiles were to be phased out 

entirely beginning with the 2004–2005 

winter season. 

Following the D.C. court’s decision, 

ISMA and the State of Wyoming 

reopened their lawsuit against the 

Department and the NPS in the 

Wyoming court. On February 10, 2004, 

the Wyoming court issued a preliminary 

injunction preventing the NPS from 

continuing to implement the 2001 

phase-out rule, and directing the park 

superintendents to issue emergency 

rules that would be ‘‘fair and equitable’’ 

to all parties. The parks’’ compendia 

were revised to allow a total of up to 

780 snowmobiles per day into 

Yellowstone, and 140 for Grand Teton 

and the Parkway. In Yellowstone, the 

requirement that all snowmobilers 

travel with a commercial guide 

remained in effect. Thus, the 2003–2004 

winter season was essentially split into 

two sub-seasons, with different rules 

regarding use of the parks in effect at 

different times. This created a highly 

uncertain atmosphere for park visitors, 

the local communities, and others with 

an interest in the parks, with many 

people not knowing how or whether 

they could visit the parks in winter. On 

October 14, 2004, the Wyoming Court 

vacated and remanded the 2000 EIS and 

ROD and the January 22, 2001, rule to 

the NPS. 

Judicial proceedings are continuing in 

both Wyoming and Washington, DC.

Rationale for the Final Rule 

This rule best balances winter use 

with protection of park resources to 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65349

ensure that adverse impacts from 

historical types and numbers of 

snowmobile uses do not occur. Winter 

use in the parks following the February 

10, 2004, order of the Wyoming court 

demonstrates that—with strict limits on 

the numbers of snowmobiles allowed, 

the use of primarily BAT snowmobiles 

and commercial guiding—some level of 

both snowmobiles and snowcoaches can 

in fact be used in Yellowstone without 

impairing park resources and values. 

The decisions underlying the FONSI 

and this rule are based, in part, on the 

actual experiences of last winter. Our 

decision in this rule is also made with 

awareness that when asked to close 

Yellowstone to snowmobile use via 

legislation, a clear, bi-partisan majority 

of the U.S. House of Representatives 

explicitly voted this down. While this 

vote was not binding on the 

Department, it is informative and 

reflects the discretion afforded to the 

Secretary under the laws she 

administers. 

The rule also demonstrates the NPS 

commitment to monitor and use those 

results to adjust the winter use program. 

Last winter, the NPS implemented the 

monitoring program that it committed to 

in the 2003 decision, and the results of 

that monitoring were used to help 

formulate the alternatives in the EA as 

well as guide the decisions being made. 

This rule applies the lessons learned in 

the winter of 2003–2004 relative to 

commercial guiding, which 

demonstrated, among other things, that 

100% commercial guiding was very 

successful and offered the best 

opportunity to protect park resources 

and provide opportunities for visitor 

enjoyment. Law enforcement incidents 

were reduced well below historic 

numbers, even after taking into account 

reduced visitation. That reduction is 

attributed to the quality and success of 

the commercial guiding program. This 

rule uses strictly limited snowmobile 

numbers (at a level below the historical 

average use level for Yellowstone) 

combined with best available 

technology requirements for 

snowmobiles and 100% commercial 

guiding in Yellowstone to ensure that 

the impacts to park resources and values 

are not significant. This rule requires 

that all snowmobiles must remain on 

roads that automobiles use in the 

summer months, or in the case of 

Jackson Lake, lakes that motorized boats 

also use. With minor exceptions, all 

recreational snowmobiles in both parks 

would be required to meet Best 

Available Technology (BAT) 

requirements. The term ‘‘Best Available 

Technology’’ is specific to describing 

the air and sound emissions restrictions 

for snowmobiles that are operated in the 

three park units. This term is not similar 

to, nor should it be confused with, the 

term ‘‘Best Available Control 

Technology’’ used by the Environmental 

Protection Agency.

TOTAL DAILY SNOWMOBILE ENTRY LIMITS

Entrance 

Commercially 

guided snowmobile limits 

Unguided 

snowmobiles Total 

Yellowstone National Park

West Entrance ..................................................................................................................................... 400 ........................ 400 

South Entrance .................................................................................................................................... 220 ........................ 220 

East Entrance ...................................................................................................................................... 40 ........................ 40 

North Entrance* .................................................................................................................................... 30 ........................ 30 

Old Faithful* ......................................................................................................................................... 30 ........................ 30 

Total ................................................................................................................................................. 720 ........................ 720 

Grand Teton National Park and the Parkway

CDST ................................................................................................................................................... 0 50 50 

Grassy Lake Road (Flagg-Ashton Road) ............................................................................................ 0 50 50 

Jackson Lake ....................................................................................................................................... 0 40 40 

Total ................................................................................................................................................. 0 140 140 

* Note: Commercially guided snowmobile tours originating at the North Entrance and Old Faithful are currently provided solely by Xanterra 

Parks and Resorts. Because this concessionaire is the sole provider at both of these areas, this regulations allows the daily entry limits between 

the North Entrance and Old Faithful to be adjusted as necessary, so long as the total number of snowmobiles between the two entrances does 

not exceed 60. For example, the concessionaire could operate 25 snowmobiles at Old Faithful and 35 at the North Entrance if visitor demand 

warranted it. This will allow the concessionaire to respond to changing visitor demand for commercially guided snowmobile tours, thus enhancing 

visitor service in Yellowstone. 

The combination of strictly limited 

snowmobiles use and the availability of 

snowcoaches will provide park visitors 

with a range of appropriate winter 

recreational opportunities. The 

significant restrictions on snowmobile 

use also ensures that these recreational 

activities will not impair or irreparably 

harm park resources or values. Under 

this interim plan, NPS will continue to 

monitor and study the impacts of winter 

use in the parks. The interim plan is 

consistent with the Department of the 

Interior policies set forth in the 

February 17, 2004, memorandum from 

the Assistant Secretary for Fish and 

Wildlife and Parks to the Director of the 

NPS.

The winter of 2003–2004 was the first 

time the NPS had the opportunity to 

collect information on a strictly 

managed winter use program. This rule 

will allow the NPS to continue to collect 

additional monitoring data on strictly 

limited snowmobile and snowcoach 

use. The monitoring data is extremely 

important in helping the NPS 

understand the results of its 

management actions and for planning 

future actions. Prior to the winter of 

2003–2004, the only monitoring 

information the NPS had on historical 

snowmobile use was at essentially 

unregulated levels with snowmobiles 

that were substantially more polluting 

and noisier. By contrast, the EIS, SEIS, 

and to a certain extent the EA, relied on 

modeling to forecast impacts. The 

modeling is useful for comparison 

purposes so that managers can 

understand the relative differences 

among alternatives, but it does not 

65350 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

replicate on-the-ground conditions. 

Monitoring measures actual outcomes. 

With only one winter’s data on strictly 

managed snowmobile use, the ability of 

the NPS to fully understand the impacts 

of a strictly controlled management 

regime is limited. Implementing this 

plan will allow monitoring information 

to be collected for up to three additional 

winters. 

Access by either snowmobile or 

snowcoach is the only feasible means of 

travel for most winter visitors wishing 

to see Yellowstone’s most famous sites, 

including the Old Faithful area, and is 

also generally the only feasible means to 

travel to most interior areas of the park 

in order to enjoy cross-country skiing or 

snowshoeing. Of the 350 miles of roads 

in Yellowstone that are open to 

motorized vehicles in the summer, 

snowcoaches and snowmobiles share 

access to 180 miles in the winter, with 

snowcoaches alone using an additional 

14 miles of roads. 

This rule also helps support the 

communities and businesses both near 

and far from the parks and will 

encourage economically sustainable 

winter recreation programs. 

Snowmobile numbers allowed under 

this rule are below the historic peak 

averages, but the snowmobile limits 

should provide a viable program for 

winter access to the parks, and in 

combination with snowcoach access, 

provide the opportunity for achieving 

historic visitor use levels. This plan also 

provides certainty for park visitors, 

communities, and businesses by laying 

out a program for winter use for up to 

the next three winters. 

Additionally, implementation of a 

temporary winter use plan is needed not 

only to comport with the results of the 

Wyoming and DC court decisions that 

vacated the 2000 and 2003 records of 

decision and the 2001 and 2003 

implementing regulations, but also to 

address legal uncertainty about whether 

snowmobiling in these parks would 

return to the essentially unlimited levels 

afforded by the prior 1983 regulations as 

a result of the Wyoming court’s October 

2004 decision. 

The current EA and the temporary 

winter use plan address only public 

recreational use in these three park 

units. Administrative use, including the 

packing of roads for snowmobile and 

snowcoach use by park, contractor, and 

concessioner employees is not covered 

by this winter use planning, but remains 

essential for park operations, including 

the protection of natural and cultural 

resources. More than 100 employees 

and their families live in developed 

areas within Yellowstone that are 

accessible in the winter only by 

oversnow vehicle. Oversnow access by 

these employees is critical for 

protection, maintenance, and 

preservation of park buildings and other 

facilities (including, for example, this 

winter’s essential rehabilitation of the 

Old Faithful Inn, a 100 year-old 

National Historic Landmark), utility 

systems, historic resources, and 

employee health and safety. This 

administrative use takes place 

irrespective of public use. Oversnow 

access is also needed for wildlife 

monitoring and research projects that 

are continuing in the parks. Similarly, 

the temporary winter use plan and EA 

are not intended to address access to 

public and private lands in or adjacent 

to Grand Teton National Park. For 

clarity, and in accordance with 36 CFR 

2.18, the rule includes provisions as to 

where these access routes are located. 

The EA did not re-evaluate the issue 

of whether the use of snowplanes 

should be allowed on Jackson Lake (see

page 6 of the EA). The decision to 

prohibit snowplanes was based on 

analysis provided in the 2000 Winter 

Use Plans Final Environmental Impact 

Statement and subsequently 

incorporated into the 2003 Final 

Supplemental Environmental Impact 

Statement analysis, which found that 

snowplane use impaired park resources 

and values. Although both of these 

documents have been vacated by the 

courts on procedural grounds, the 

court’s decision did not preclude NPS 

from using that data. Because the use of 

snowplanes was discontinued following 

the 2001–2002 winter season, the NPS 

did not address the reinstatement of 

their use in the EA and concluded in the 

FONSI, that the use of snowplanes still 

impaired park resources. These 

regulations continue to prohibit 

snowplanes on Jackson Lake where they 

were used prior to 2001 and on 

Yellowstone Lake where they were 

never allowed.

Summary of and Responses to Public 

Comments 

The NPS published a proposed rule 

on September 7, 2004, (69 FR 54072) 

and accepted public comments through 

October 7, 2004. Comments were 

accepted through mail, hand delivery, 

and through the Internet. A total of 

36,715 people commented on the 

proposed rule, and 41,483 comment 

documents were received (some 

commentors chose to comment more 

than once). Eighty-six percent of the 

commentors sent form letters while 14% 

sent unique letters. 

Adaptive Management 

1. Comment: Adaptive management 

should be incorporated into the final 

rule. 

Response: Adaptive management is 

not a direct part of the final rule; that 

is, during the three-year term of this 

rule, significant changes in numbers, 

BAT requirements, commercial guiding, 

or other aspects are not expected to be 

made. In part, this is to help provide 

some certainty to local communities, 

businesses, concessionaires, and park 

staff as to how winter use will be 

implemented for the next three winter 

seasons. Additionally, the 

Superintendents maintain the authority 

to open or close over-snow routes or 

modify the operating conditions under 

36 CFR 1.5 and in various paragraphs in 

the regulations (for example 36 CFR 7/

13(7)(ii)) to protect park visitors, 

resources and employees as needed. 

From a broader perspective, however, 

the knowledge gained through 

monitoring strictly limited snowmobile 

and snowcoach use during the interim 

period will contribute significantly to 

the development of a new long-term 

plan and to a long-term rule for which 

adaptive management could again be 

considered. Further, as noted in the EA, 

it would be impractical to implement 

adaptive management as provided for in 

the SEIS since changes under the 

adaptive management framework would 

have generally occurred after at least 

one or two years of monitoring, 

followed by a 6–12 month notification 

and waiting period. This could account 

for the entire interim period the rule is 

in effect. 

2. Comment: NPS is proposing to 

allow a level of snowmobile use that 

violates the adaptive management 

thresholds identified in the SEIS. This 

is inconsistent with previous statements 

made by NPS that it would take action 

should the thresholds be exceeded. 

Instead of reducing snowmobile entries 

or tightening BAT requirements to meet 

the protective threshold, NPS is now 

choosing to allow levels of human-made 

noise it previously considered 

unacceptable and simply define these 

impacts as less problematic than it 

previously did. NPS provides no 

rationale for this change and shuns an 

alternative that would meet its natural 

soundscape thresholds. 

Response: The adaptive management 

thresholds identified in the SEIS were 

vacated by the DC court along with the 

rest of the SEIS. Though NPS used such 

thresholds as guidelines for analysis in 

the EA, this rule does not incorporate 

adaptive management, as discussed in 

the prior response. Actions of the sort 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65351

suggested by the comment would be 

impractical during the interim period 

though they will be evaluated as part of 

the longer-term plan. 

Air and Sound Emissions Requirements 

Consistent With Best Available 

Technology (BAT) 

3. Comment: The Grassy Lake Road 

should be open to non-BAT 

snowmobiles regardless of whether they 

originate in the Targhee National Forest 

or at Flagg Ranch. The provision that 

allows non-BAT snowmobiles to travel 

eastbound from the national forest to 

Flagg Ranch and then return westbound, 

but prohibits non-BAT snowmobiles to 

originate at Flagg Ranch is confusing. 

Response: The NPS believes that the 

use of BAT snowmobiles within the 

John D. Rockefeller, Jr., Memorial 

Parkway is necessary to mitigate the 

adverse impacts on natural soundscapes 

as described in the EA. However, the 

NPS recognizes that due to the 

remoteness of the area, access to Flagg 

Ranch for snowmobilers who are 

recreating in the Targhee National 

Forest may be necessary for obtaining 

fuel or supplies or to report an 

emergency. For these reasons, the BAT 

requirement is not imposed on 

snowmobiles originating in the Targhee. 

4. Comment: The use of BAT 

snowmobiles should not be required on 

the Continental Divide Snowmobile 

Trail through Grand Teton National 

Park and the John D. Rockefeller, Jr., 

Memorial Parkway because this route is 

along a plowed highway which is open 

to vehicles. In addition, this route 

would provide recreationists from 

Wyoming the opportunity to ride from 

Wyoming to Idaho and on to West 

Yellowstone without traveling through 

Yellowstone National Park. 

Response: The NPS believes that the 

use of BAT snowmobiles within Grand 

Teton National Park and the John D. 

Rockefeller, Jr. Memorial Parkway is 

necessary to mitigate the adverse 

impacts on natural soundscapes as 

described in the EA. Notwithstanding 

the fact that the route is immediately 

adjacent to the plowed roadway through 

the two park units, it is of sufficient 

length that the NPS believes the use of 

non-BAT snowmobiles would result in 

unacceptable impacts to the natural 

soundscapes. The CDST will continue 

to provide a link from Wyoming to West 

Yellowstone. As noted in the response 

to comment 6, NPS will allow an 

exception for one partial segment on the 

CDST. 

5. Comment: Snowmobilers on 

Jackson Lake should not be required to 

use BAT snowmobiles because of the 

expense of acquiring a BAT 

snowmobile. 

Response: The NPS recognizes that 

the cost of a new BAT snowmobile is 

currently higher than for a new nonBAT snowmobile. However, the NPS 

continues to believe that the EA as well 

as the data and analysis provided in the 

EIS and SEIS show that the use of nonBAT snowmobiles on Jackson Lake 

would result in unacceptable impacts to 

park visitors and could result in 

impairment of the natural soundscape. 

Therefore, the NPS could be in violation 

of the NPS Organic Act if it were to 

allow the recreational use of non-BAT 

snowmobiles on Jackson Lake. 

6. Comment: The portion of the 

Continental Divide Snowmobile Trail 

through Grand Teton National Park that 

is located along U.S. Highway 26/287 

from Moran Junction to the eastern park 

boundary should not be subject to BAT 

requirements in order to allow access to 

nearby public and private lands. 

Response: The NPS agrees with this 

comment. This relatively short portion 

of the CDST is located immediately 

adjacent to the major U.S. highway 

serving northwest Wyoming, which 

carries a high volume of automobile and 

commercial truck traffic. The park 

boundary is such that the CDST over 

this segment is sometimes within the 

park and sometimes out of the park. 

This portion of the CDST provides 

access to nearby public and private 

lands. For a variety of practical reasons 

as well as to ensure access to public and 

private lands, this portion of the CDST 

will be treated like other access routes 

in Grand Teton and will not be subject 

to BAT requirements nor to the daily 

entrance limits.

7. Comment: BAT snowmobiles, 

which emit a lower frequency range of 

sound than two-stroke engines, might be 

quieter but could be potentially audible 

at greater distances than non-BAT 

snowmobiles. 

Response: Modeling done for the SEIS 

indicates that BAT snowmobiles are 

somewhat quieter and are audible for 

shorter distances than non-BAT 

snowmobiles. 

8. Comment: The proposed rule’s BAT 

emissions requirements do not account 

for wear and tear or other modifications 

that have been made by users. Therefore 

increased emissions could result. 

Response: The final rule requires the 

use of EPA’s family emissions limits 

(FEL) in determining BAT compliance. 

The emissions limits incorporate the life 

cycle and durability of a snowmobile by 

requiring emissions tests after various 

periods of usage. Manufacturers take 

into account any increases in emissions 

during the snowmobile’s life cycle when 

setting the FEL. Thus, the FEL accounts 

for the possibility that a snowmobile’s 

emissions could increase after 1–3 years 

of use. The EPA also requires that 

snowmobile manufacturers conduct 

production line testing of snowmobiles 

to ensure that the FEL is not exceeded 

during production. Finally, this rule 

prohibits snowmobile owners from 

modifying snowmobiles in such a way 

that would increase air or sound 

emissions. This rule’s requirement that 

all snowmobilers in Yellowstone travel 

with commercial guides will allow the 

NPS to further insure that snowmobiles 

are not modified in a manner that would 

adversely effect air or sound emissions. 

9. Comment: NPS should require BAT 

for snowcoaches. Snowcoach emissions 

can easily be tested using a stationary 

vehicle exhaust gas analyzer. 

Response: After further consideration 

of the implications of applying the BAT 

concept to snowcoaches, the NPS 

believes that the term ‘‘best available 

technology’’ should not be used with 

respect to snowcoaches for air and 

sound emission restrictions. Under this 

final rule, snowcoaches are not required 

to utilize the best commercially 

available technology to reduce air and 

sound emissions. Instead, they are 

required to have the emissions control 

equipment that was installed on the 

vehicle at the time it was manufactured. 

There are two mains reasons for this 

decision: the level of complexity 

associated with determining BAT for 

snowcoaches and the relatively small 

environmental gains expected from 

imposing further requirements on 

snowcoaches. There are a variety of 

different vehicles operating as 

snowcoaches, ranging from vans 

manufactured in the 1980s to the most 

recent model-year. Vehicles that were 

manufactured twenty years ago would 

be likely to yield higher emissions than 

vehicles manufactured today because of 

advances in emissions control 

technology. However, even vehicles 

manufactured in the same model year 

may produce different levels of 

emissions, and attempting to determine 

which particular emission limits the 

vehicles are meeting would be a very 

complex undertaking. The NPS believes 

that in the short term, determining how 

to regulate snowcoaches beyond what is 

required here is not the most pressing 

need. The EA, SEIS, and EIS air quality 

analyses indicate that the vast majority 

of air pollution generated in the parks 

results from snowmobile use. Little 

pollution is generated by snowcoaches 

as a whole, partly because their 

numbers are far fewer relative to 

snowmobiles, and also because modern 

coaches are far cleaner in both grams of 

65352 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

CO and particulate matter emissions per 

mile and have a greater passenger 

capacity. Because of the level of 

complexity associated with determining 

BAT for snowcoaches and the small 

gains in air quality expected as a result 

of such effort, the NPS has determined 

that there will be no further 

requirements with respect to snowcoach 

emission as part of this rulemaking. 

However, NPS will continue to study 

this issue and may consider more 

stringent alternatives as part of the new 

EIS. 

10. Comment: There should be no 

exemptions from BAT for historic 

snowcoaches. 

Response: The EA, SEIS, and EIS air 

quality analyses indicate that the vast 

majority of air pollution generated in 

the parks results from the historic use 

levels and types of snowmobiles. Little 

pollution is generated by snowcoaches 

as a whole, partly because their 

numbers are far fewer relative to 

snowmobiles, and also because modern 

coaches are far cleaner on both grams of 

CO and particulate matter emissions per 

mile and greater passenger capacity 

relative to snowmobiles. For sound 

emissions, the SEIS soundscape 

modeling noted that a group of 4 BAT 

snowmobiles, carrying up to 8 people 

total, has a distance to audibility of 

5,810 feet in open terrain under average 

background conditions. A comparable 

snowcoach, potentially carrying even 

more passengers, is audible for only 

2,630 feet under the same conditions. 

Historic snowcoaches are being initially 

exempted from any air or sound 

emission requirements because the NPS 

wishes to provide incentives to continue 

operation of these machines to maintain 

the character of winter touring, as they 

add to the overall winter experience. 

Further, because there are not very 

many of these vehicles operating in the 

parks (approximately 29), they are not 

expected to contribute significantly to 

air quality or other concerns and they 

provide additional options for visitors. 

Daily Snowmobile Entry Limits 

11. Comment: NPS should allow 950 

snowmobiles/day after the 2004–05 

season in Yellowstone. Additional 

snowmobile entries should be permitted 

in Grand Teton and the Parkway. 

Response: As explained in the EA 

(and in the SEIS), such a number of 

snowmobiles would result in significant 

adverse impacts and would be 

inconsistent with the purpose and need 

of this EA. 

12. Comment: NPS should have 

considered an option allowing between 

950 and 1,200 snowmobiles/day in 

Yellowstone. 

Response: The EA contained a 

reasonable range of alternatives. The EA 

analysis also indicates that alternative 5 

(with 950 snowmobiles per day allowed 

in Yellowstone) would yield significant 

adverse impacts. Allowing use above 

this level would result in even greater 

impacts. However, other use levels will 

be evaluated in the long-term plan. 

13. Comment: Retaining most of the 

proposed rule but reducing the 

proposed daily entries to the levels of 

the beginning of the 2003–2004 season 

(i.e., 493 per day in Yellowstone) would 

be a far more reasonable alternative for 

the NPS to support. It would show a 

concern to the local businesses as well 

as a commitment for the health, safety, 

and welfare of the employees, visitors, 

and park resources. 

Response: The NPS believes such a 

reduction in snowmobile numbers is not 

necessary to achieve the goals and 

objectives of the temporary plan and 

implementing rule based on the EA 

analysis. The NPS is attempting to 

balance appropriate visitor access and a 

range of recreational opportunities, 

subject to strict limitations, with the 

protection of park resources. This final 

rule accomplishes this goal.

14. Comment: The entry limits the 

NPS proposes in the proposed rule are 

mischaracterized as ‘‘strict limits.’’ This 

level of snowmobiling is only a slight 

reduction from historic levels. Just three 

years ago, the NPS stated that in order 

to comply with its legal mandates, 

drastic reductions in winter visitors 

would be needed. 

Response: The maximum daily 

snowmobile entry level allowed by this 

rule is less than half the historic average 

peak day for Yellowstone, and less than 

the historic average (mean) number of 

snowmobiles in the park. When 

combined with BAT requirements, 

100% commercially guiding, nighttime 

use restrictions, speed limit reductions, 

and side-road closures, the numerical 

limits do represent ‘‘strict limits.’’

Side Roads 

15. Comment: NPS should open all 

other historically open side roads to 

snowmobiles. Further, opening all side 

roads historically accessible to 

snowmobiles would provide better 

opportunity to collect monitoring data. 

Response: The NPS would like to 

provide a variety of winter touring 

options, including the ability to tour 

areas exclusively by snowcoach. Very 

few park roads are open exclusively to 

snowcoaches (the side roads amount to 

approximately 14 miles of road); the 

side roads present the most feasible 

options for such opportunities. Keeping 

side roads closed to snowmobiles 

provides a valuable opportunity to 

compare roads open to snowmobile use 

with those closed to such use. Indeed, 

retaining this closure presents the only 

such monitoring opportunity in 

Yellowstone. In addition, the NPS 

wishes to provide for a range of 

opportunities for visitors, including 

opportunities for visitors riding a 

snowcoach to experience areas free of 

snowmobiles. An exception is made to 

allow snowmobile use on the Firehole 

Canyon drive in the afternoons because 

it is typically only used by snowcoaches 

in the morning. This temporal zoning 

achieves the objective of maintaining 

some areas of separation between 

snowmobile and snowcoach use. 

16. Comment: NPS should not open 

the Firehole Canyon Drive to 

snowmobile use. This extends to more 

of the park the adverse impacts that 

violate NPS’ legal obligations to protect 

park resources and visitor enjoyment. 

Expanding the territory impacted by 

snowmobile use utterly contradicts the 

concept of ‘‘very strict limits.’’ Finally, 

opening the Firehole Canyon to 

snowmobile use ignores the preference 

expressed to NPS by the overwhelming 

majority of hundreds of thousands of 

citizens who have said they want 

snowmobile use eliminated in 

Yellowstone, not expanded. 

Response: As stated above, this area is 

typically only used by snowcoaches in 

the morning. Allowing snowmobile use 

in the afternoon temporally zones 

snowcoach and snowmobile users, 

allowing snowcoach riders to visit the 

area without the presence of 

snowmobiles, while allowing 

snowmobilers the opportunity to also 

visit the area. 

Guiding 

17. Comment: NPS should develop 

training that would allow noncommercial guides (usually around 20% 

of daily entries) to lead groups through 

Yellowstone, and to permit 20% of daily 

entries to be non-commercial guides. 

Response: Because of the timing of 

this rule and the commencement of the 

2004–2005 winter season, it would be 

impossible to develop an adequate noncommercial guide training program for 

the upcoming winter season. In 

addition, it would be impractical during 

the winters of 2005–2006 and 2006–

2007 due to the temporary nature of this 

rule. As noted by the EA, commercial 

guides have significant incentives to 

ensure that their group does not 

unacceptably disturb wildlife. The 

winter of 2003–2004 demonstrated that 

commercial guides significantly reduce 

law enforcement incidents and provide 

for a safer and high quality visitor 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65353

experience. Commercial guides have 

contractual obligations to the NPS and 

as such, risk losing their permit to 

operate guiding services in the park if 

they fail to perform adequately. Noncommercial guides, who are leading 

family and friends through the park, 

have no similar incentives or 

motivation. The NPS also experienced 

problems when it attempted to 

implement a non-commercial 

reservation system after the March 25, 

2003, Record of Decision was signed. 

For example, some individuals in 

gateway communities purchased large 

blocks of non-commercial reservations 

(reservations every day of the season) 

with the apparent intent of reselling 

them to visitors or including them in a 

larger package for their clients. This was 

contrary to the purpose of the noncommercial guide reservation system. 

Unguided or non-commercially guided 

access to the parks will be addressed in 

the long-term winter use plan. 

18. Comment: NPS should allow a 

portion of the daily usage on the CDST 

and Grassy Lake Road to be 

commercially guided. 

Response: The NPS would consider 

allowing commercially guided use on 

these road segments as a portion of the 

daily entries authorized by this rule if 

the NPS determines there is a demand 

for the service and the service is 

economically feasible. 

Road Grooming

19. Comment: The artificiality or 

unnaturalness of winter ecology 

attributable to bison use of the groomed 

road system is causing substantive and 

deleterious impacts to individual bison, 

the bison population, and bison habitat 

by allowing far more bison to survive 

and successfully reproduce than would 

exist if natural factors provided a 

natural control on bison population 

dynamics, movements, distribution 

patterns, and habitat use patterns. The 

interior bison population of 

Yellowstone faces an uncertain future. 

Response: As stated previously, the 

science concerning the effects of road 

grooming on bison and elk is unclear, 

with significant disagreement among 

experts in the field. These issues are 

discussed on pages 143–145 of the EA. 

This is a subject of the long-term study. 

In the meantime there is no clear 

evidence that road grooming has 

adverse effects on bison distribution and 

abundance. Further, there is no dispute 

that the bison population is healthy. 

20. Comment: The proposed rule 

should close park roads to grooming or 

at minimum, experimental road closures 

should be initiated during the next three 

years to collect data on bison or other 

wildlife use of previously groomed 

areas. It is unacceptable to wait another 

three years for a long-term plan to 

analyze these issues. 

Response: The NPS considered 

including an alternative in the EA that 

closed park roads to grooming, but 

rejected it from detailed analysis in the 

EA. This discussion is on page 19 of the 

EA. The science surrounding the issue 

of the long-term effects of groomed 

roads on bison and elk is currently 

unclear. Experts disagree about how 

groomed roads affect, if at all, bison 

distribution and abundance. Given the 

scientific uncertainty surrounding these 

complex ecological issues, an end to the 

long-standing practice of road grooming 

is not warranted at this time, as it would 

effectively close much of the park to 

visitors, thereby preventing the NPS 

from allowing for the public to 

experience and enjoy many of the park’s 

most significant resources. Although 

administrative use is not part of this 

winter use plan and these regulations, a 

total cessation of road grooming and 

packing would affect critical park 

operations, and the ability to protect 

park resources, and present 

considerable adverse effects on 

employee health and safety. The NPS is 

also in the midst of several important 

studies, which will provide further 

information to address these issues. The 

results of these studies will be available 

for a longer-term analysis of winter use 

in the parks. 

Experimental closures of a portion of 

Yellowstone’s road system (such as one 

or two road segments) would also be 

impractical at this time for similar 

reasons. Many of the side roads that are 

only open to snowcoaches closely 

parallel the main roads and would not 

appear to be useful for experimental 

closures. Also, the NPS believes it is 

more prudent to wait for the results of 

the road grooming study before 

considering any road closures, since it 

will provide important information 

about which road segments are most 

critical to bison distribution and 

abundance. It is currently uncertain 

which road segments may play the most 

important role in facilitating bison 

travel (if at all). Further, variables in 

weather could have great influence on 

bison distribution and their use of 

groomed roads. It would take several 

years of monitoring the effects of road 

closures to understand how weather 

conditions might affect bison 

movements. This would be beyond the 

interim period of this plan. Finally, 

experimental closures of some road 

segments could inhibit visitor access to 

some of Yellowstone’s most worldrenowned features. 

Consistency With Laws, Policies, 

Executive Orders, Court Decisions, etc. 

21. Comment: The NPS Organic Act 

requires that park resources be protected 

in an unimpaired condition. The NPS 

must err on the side of protecting park 

resources unimpaired. The EA, SEIS, 

and Final EIS have all shown that 

recreational snowmobiles impair park 

resources and values. Therefore, 

snowmobiles should be phased-out. 

Response: The results from the 2003–

2004 winter demonstrates that some 

level of snowmobile use may take place 

without impairing park resources. The 

EA analysis indicates that alternative 4, 

implemented by this final rule, does not 

impair park resources and values. The 

NPS believes this alternative is 

consistent with the Organic Act, 

because it best balances protection of 

park resources and values with allowing 

for appropriate public enjoyment and 

access to the parks. 

22. Comment: NPS must adopt the 

snowcoach-only alternative in order to 

comply with NPS regulations, Executive 

Orders, and NPS Management Policies. 

The EA concludes that snowmobile use 

will continue to cause adverse effects 

previously considered unacceptable to 

air quality, public and employee health, 

natural quiet, wildlife, and visitor 

experience. 

Response: Additional language has 

been added to the FONSI and final rule 

clarifying why the NPS believes this 

decision and rule are consistent with 

NPS regulations, Executive Orders, and 

NPS Management Policies. 

23. Comment: The NPS has failed to 

provide a legitimate rationale for 

reversing its November 2000 decision to 

phase out snowmobile use. Further, 

there have been no significant changes 

that would justify allowing recreational 

snowmobiling in the parks. 

Response: First, the results of the 

winter of 2003–2004 demonstrate that 

some level of snowmobile use can take 

place, and provide a rational basis for 

modifying the November 2000 decision. 

This rule balances winter use with 

protection of park resources to ensure 

that adverse impacts from historical 

types and numbers of snowmobile use 

will not occur. Strictly limited 

snowmobile numbers, combined with 

BAT requirements and requirements for 

commercial guiding, ensure that the 

impacts to park resources and values are 

not significant. Monitoring information 

from the winter of 2003–2004 

demonstrates the important role these 

strict limitations play in protecting park 

resources and values. In addition, the 

NPS has discretion under the 1916 

Organic Act to balance the protection of 

65354 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

park resources while providing for 

appropriate visitor enjoyment of the 

parks. This final rule reflects that 

balancing mandate. Finally, the 2000 

decision and resulting 2001 rule were 

vacated by the Wyoming court. 

Park Resource Issues 

24. Comment: NPS needs to explain 

why it prefers larger groups that are 

audible farther away than small groups 

(though less frequently) over smaller 

groups that are less audible (but more 

frequently). 

Response: Allowing larger groups 

reduces the overall number of such 

groups, which decrease the percent time 

oversnow vehicles (OSVs) are audible. 

The commentor is encouraged to read 

the soundscapes analysis in the EA on 

pages 102–117. Allowing larger groups 

also reduces the number of times that 

snowmobile groups encounter bison and 

other wildlife along the road.

25. Comment: Allowing continued 

employee exposure to toxic air 

pollutants violates the park’s 

commitment to employee welfare and 

safety. Further, proposing to more than 

double the number of snowmobiles, 

despite documented violations of 

Agency for Toxic Substances and 

Disease Registry (ATSDR) Minimal Risk 

Levels (MRLs) for benzene and toluene, 

violates NPS management policies. 

Response: Although it appears the 

now-vacated adaptive management 

thresholds (ATSDR MRLs) for benzene 

and toluene may have been exceeded 

during the winter of 2003–2004, no 

standards, including those of OSHA, the 

National Institute for Occupational 

Safety and Health, and the American 

Conference of Governmental Industrial 

Hygienists, were exceeded. There is also 

some uncertainty how the ATSDR 

standards are applied and interpreted in 

these settings. NPS will continue its 

efforts to ensure a safe work 

environment. The three-year interim 

period will provide NPS the 

opportunity to better understand the 

applicability of the ATSDR MRLs and 

continue monitoring employee exposure 

to toxic air pollutants. BAT 

requirements and limits on snowmobile 

numbers will help mitigate potential 

violations of ATSDR MRLs or other 

health standards. 

26. Comment: The EA and proposed 

rule do not address NPS’ obligation to 

protect the natural smells of the parks. 

At locations such as Old Faithful, when 

snowmobile numbers are high and/or 

weather conditions trap emissions, there 

is every reason to believe that the odor 

of snowmobile exhaust will build 

beyond the threshold. 

Response: Most odors from 

snowmobile emissions are associated 

with 2-stroke engines and the 

combination of burned and unburned 

gasoline and oil that is emitted as 

hydrocarbon emissions. Current BAT 

snowmobiles are all 4-stroke, and 4-

stroke engines eliminate the emission of 

unburned gas and oil. BAT 

snowmobiles reduce hydrocarbon 

emissions by a minimum of 90%, 

relative to conventional two-stroke 

snowmobiles. This will reduce the 

presence of snowmobile exhaust. 

However, on days when there are poor 

weather conditions (such as an 

inversion or little air movement), it is 

possible that the scent of 4-stroke 

snowmobile exhaust (similar to 

automobiles) may be noticeable. The 

three year interim period of this rule 

will provide the opportunity for the 

NPS to monitor conditions. 

27. Comment: The proposed rule 

impairs visitor experience by creating 

more air and noise pollution, creating 

more congestion on park roadways, and 

disturbing wildlife. A rule that 

prohibited recreational snowmobiling 

would offer greater potential for visitor 

enjoyment than the proposed rule. 

Response: The impacts to visitor 

experience are disclosed in the EA, 

which concludes that this final rule 

would not impair visitor experience. 

This rule balances protection of park 

resources while allowing appropriate 

visitor enjoyment and access to the 

parks. Under this rule, visitors will have 

greater choice about how they access the 

parks (i.e., on snowmobiles or 

snowcoaches) than if snowmobiles were 

prohibited. 

28. Comment: Snowmobile use 

impairs wildlife. The NPS should 

prohibit snowmobiling because of its 

impacts to wildlife. 

Response: Last winter’s experience 

demonstrates that wildlife are not 

necessarily impaired by snowmobile 

use. This rule requires that all 

snowmobilers travel with a commercial 

guide, which will mitigate impacts to 

wildlife. NPS has concluded that the 

rule will not result in impairment. 

Using guides that have training and 

expertise riding with winter wildlife, 

and a professional obligation to obey 

NPS regulations, are the most efficient 

means to educate riders and ensure 

compliance with park rules. Authorized 

guide companies, each responsible for 

the activities of their tour groups, can 

reduce impacts by: Keeping their groups 

an appropriate distance from wildlife, 

ensuring that all members of the group 

abide by snowmobile regulations 

including abiding by posted speed 

limits, preventing riders from 

approaching animals, and reducing 

noise levels and the time a group 

interacts with a group of animals. 

Professional guide services with 

contractual obligations also permit more 

effective enforcement by NPS rangers 

and business management personnel. 

One study noted in the EA found that 

recreationists often believed that it was 

acceptable to approach wildlife more 

closely than the data indicated the 

animals would tolerate. Thus, the 

education and supervision provided to 

groups by their commercial guides is 

key in reducing disturbance to wildlife. 

Effects to wildlife are further mitigated 

by the Superintendent’s current 

requirement that OSVs only travel 

between 7 a.m. and 9 p.m. 

Miscellaneous 

29. Comment: The proposed rule, 

based on the EA, violates NEPA because 

there are significant impacts to the 

human environment. 

Response: The NPS believes this rule 

is supported by the FONSI. While there 

will be impacts to park resources that 

are adverse, they are no greater than 

moderate in intensity. NPS training and 

practice supports the use of a FONSI at 

moderate levels of impact. Although 

this rule is of a temporary duration, the 

finding is based on the actual impacts 

during those three years and does not 

rest solely on the fact that the rule is 

only effective for three years.

30. Comment: The proposed rule on 

winter use is not written clearly, as 

required by Executive Order 12866. 

Specifically, the discussion on BAT and 

the economic analysis are highly 

technical. 

Response: Snowmobile technology 

and economic analyses are inherently 

highly complex issues. We would 

encourage the reader to review the pages 

in the EA where broader discussions of 

these topics occur. 

Issue: Several commentors did not 

agree with the requirement that only 

people with valid driver’s licenses be 

allowed to operate a snowmobile in the 

parks. There is no evidence that 

children with a learner’s permit cause 

problems driving snowmobiles. 

NPS Response: In ordinary 

circumstances with automobiles, 

individuals possessing learner’s permits 

are required to be accompanied by a 

fully licensed driver. Learner’s permits 

are intended to allow student drivers 

the opportunity to safely learn positive 

driving habits while in the presence of 

an adult. However, operation of 

snowmobiles in Yellowstone is a totally 

different environment. In fact, past 

experience is that children with 

learner’s permits often will ride on a 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65355

snowmobile by themselves, with adults 

on other snowmobiles that would be 

some distance away. The park and 

visitors will be safer by requiring that all 

snowmobile operators have driver’s 

licenses. 

31. Comment: Snowmobile and 

snowcoach contracts or permits should 

be offered to all qualified applicants at 

least through this interim rule. 

Response: Concessions contracting 

issues are beyond the scope of this 

rulemaking. However, NPS regulations 

governing concessioners require that all 

businesses operating in the parks have 

a contract with the NPS. The number of 

concessions contracts issued is limited 

in order to provide a viable economic 

opportunity to authorized concession 

providers. Therefore, the NPS could not 

allow an unlimited number of 

concessions contracts. 

32. Comment: Every snowmobile 

operating within the State of Wyoming 

is required to display a resident or nonresident user fee sticker and those 

available for rent must display a 

Wyoming commercial snowmobile 

registration. This should be required in 

Yellowstone and Grand Teton National 

Park. 

Response: This State law is not 

applicable within Yellowstone National 

Park as a result of its exclusive Federal 

jurisdiction status. In Grand Teton 

National Park and the Parkway, where 

the NPS holds concurrent jurisdiction 

with the State of Wyoming, State law is 

assimilated so long as it does not 

conflict with Federal regulations. This 

final rule allows snowmobile owners to 

display a valid snowmobile registration 

from any State or Canadian province. 

Owners may choose to register their 

snowmobiles in Wyoming. 

33. Comment: Publishing a proposed 

rule before the EA’s public comment 

period was completed demonstrates that 

the NPS predetermined the outcome of 

this process. 

Response: Publishing the proposed 

regulation concurrently with the public 

review of the EA provides the public 

with the opportunity to comment and 

potentially affect in a substantive 

manner both actions, since no final 

decisions have been made. This 

enhances the public’s ability to 

participate in agency decisionmaking, 

while at the same time streamlining the 

process so that it can be completed in 

time to provide the public with 

adequate notice prior to the start of the 

winter use season. 

34. Comment: The rule should reevaluate the issue of snowplanes on 

Jackson Lake. The NPS has failed to 

supply a reasoned analysis for total 

elimination of snowplane use. 

Response: The NPS continues to 

believe that the data and analysis in 

previous environmental analyses remain 

valid and again concluded in the FONSI 

that the use of snowplanes on Jackson 

Lake would result in impairment of the 

natural soundscape. The NPS is not 

aware of any new or additional 

information regarding snowplanes that 

would suggest any different conclusion. 

Therefore, the NPS would be in 

violation of the NPS Organic Act if it 

were to allow the recreational use of 

snowplanes on Jackson Lake. In 

addition, with their unguarded 

propellers and high travel speeds, 

snowplanes present unacceptable safety 

risks, even on the surface of Jackson 

Lake. 

35. Comment: The NPS should allow 

for up to 70 snowmobiles per day on 

Jackson Lake on Fridays, Saturdays, and 

Sundays, and should allow for a 5-year 

phase-in period for BAT snowmobiles 

on the lake. 

Response: The NPS will monitor the 

amount of use on Jackson Lake and 

collect data on the impacts of 

snowmobiles on natural soundscapes. 

This information will be used in the 

development of a long-term plan and 

will help to determine whether higher 

(or lower) daily entry limits should be 

established. A 5-year phase-in period for 

BAT snowmobiles exceeds the length of 

time that this rule is intended to cover 

and would be inconsistent with the 

NPS’ determination that the use of nonBAT snowmobiles causes unacceptable 

impacts on the natural soundscape of 

Jackson Lake and Grand Teton National 

Park. 

Changes to the Final Rule 

After taking the public comments into 

consideration, and after additional 

internal review, four changes were made 

to the final rule. These changes are as 

follows:

First, we have added a footnote to 

table 1 in § 7.13 noting that entry limits 

at Yellowstone National Park’s North 

Entrance and at Old Faithful may be 

reallocated as necessary so long as the 

total number of snowmobiles authorized 

on any single day for these two sites 

does not exceed 60. We are allowing 

this because commercially guided 

snowmobile tours originating at the 

North Entrance and Old Faithful are 

currently provided solely by Xanterra 

Parks and Resorts. This allows the 

concessioner to respond to changing 

visitor demand for commercially guided 

snowmobile tours, thus enhancing 

visitor service in Yellowstone. It also 

benefits visitors using other 

concessioners and entering at other 

locations, if they choose to stay 

overnight at Old Faithful or Mammoth 

Hot Springs (near the North Entrance). 

These visitors will have greater options 

for guided snowmobile tours given this 

change, since the daily entry limits can 

be adjusted (as long as they do not 

exceed 60 snowmobiles) to meet 

changing demand. 

Second, paragraph (g)(3) of § 7.22 has 

been modified to specify that 

snowmobile use on routes used to 

access other public lands or private 

property within or adjacent to Grand 

Teton National Park is not subject to the 

three-year interim period of this rule. 

These snowmobile routes are not used 

for recreational purposes and are 

generally not subject to the winter use 

planning process. Because their impacts 

are low, NPS we never intended to 

sunset these routes after three winter 

seasons. 

Third, we are allowing the use of nonBAT snowmobiles on the section of the 

Continental Divide Snowmobile Trail 

(CDST) in Grand Teton National Park 

from the park’s east boundary to Moran 

Junction. This portion of the CDST is 

located immediately adjacent to the 

major U.S. highway serving northwest 

Wyoming, which carries a high volume 

of automobile and commercial truck 

traffic. The park boundary is such that 

the CDST over this segment is 

sometimes within the park and 

sometimes out of the park. This portion 

of the CDST also provides access to 

nearby public and private lands. For a 

variety of practical reasons as well as to 

ensure access to public and private 

lands, this portion of the CDST will not 

be subject to BAT requirements nor to 

the daily entrance limits. This route has 

been identified under paragraph

(g)(16) (iii) in § 7.22. 

Fourth, in paragraph (g)(16) of § 7.22, 

we have specified that BAT 

requirements do not apply to 

snowmobiles using the routes listed in 

that paragraph. This was inadvertently 

omitted from the proposed rule. The 

purpose of the three access routes 

identified in this paragraph is to provide 

access to other areas outside of Grand 

Teton National Park, where BAT 

snowmobiles are not required. They are 

relatively short road segments through 

the park with relatively infrequent use. 

This change makes paragraph (g)(16) 

consistent with paragraph (g)(18), which 

states that BAT snowmobiles are not 

required to access private property 

within or adjacent to Grand Teton 

National Park. 

Summary of Economic Analysis 

This analysis examines five 

alternatives for temporary winter use 

plans in the Greater Yellowstone Area 

65356 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

(Yellowstone National Park, Grand 

Teton National Park, and John D. 

Rockefeller, Jr., Memorial Parkway). 

Alternative 1 would permit snowcoachs 

only, banning recreational snowmobile 

use within the parks. Alternative 1 is 

similar to the conditions expected under 

the January 2001 final rule. Alternative 

2 would emphasize snowcoach access 

while allowing some snowmobile use 

with 100% commercially guided trips. 

That alternative is similar to the 

conditions experienced during the 

2003–2004 winter season. Alternative 3 

balances snowmobile and snowcoach 

access, and permits 20% unguided trips 

in Yellowstone. Alternative 4 allows 

more snowmobile use than Alternative 

3, but requires 100% commercially 

guided trips in Yellowstone. Alternative 

4 is the preferred alternative. Finally, 

Alternative 5 allows more snowmobile 

use than Alternative 4, and permits 20% 

non-commercially guided trips in 

Yellowstone. Alternative 5 is similar to 

the conditions expected under the 

December 2003 final rule. 

This analysis estimates the benefits 

and costs associated with the 5 

alternatives relative to two baselines: 

Alternative 1, which would ban 

snowmobiles, and historic snowmobile 

use as represented by the 1997–1998 

winter season. The rationale for using 

these two baselines flows from two 

regulatory actions and three Federal 

district court rulings. NPS issued a 

special regulation on January 22, 2001, 

phasing in a snowmobile ban. In settling 

a law suit filed by the International 

Snowmobile Manufacturers’ Association 

and other plaintiffs regarding that 

regulation, NPS agreed to re-evaluate its 

winter use plan alternatives, and 

subsequently issued a special regulation 

on December 11, 2003, permitting 

snowmobile use subject to certain 

management restrictions. On December 

16, 2003, the Washington, DC, District 

Court issued a ruling overturning the 

December 2003 regulation and 

implementing the January 2001 

regulation. Following that ruling on 

February 10, 2004, the Wyoming District 

Court issued a preliminary injunction 

against implementing the January 2001 

regulation. That injunction was 

followed by an October 15, 2004, ruling 

from the same court overturning the 

January 2001 regulation.

These two rulings potentially imply 

the two baselines used in this analysis. 

In order to cover the potential range of 

analysis suggested by these rulings, NPS 

used Alternative 1 and historic 

snowmobile use as alternative baselines 

to estimate the benefits and costs of its 

proposed temporary winter use plan 

alternatives. NPS believes that the 

actual economic impacts of the 

proposed temporary winter use plan 

alternatives fall within the range of 

benefits and costs estimated relative to 

these two baselines. 

The quantitative results of the benefitcost analysis are summarized below 

with respect to Alternative 1 and the 

historical baselines, respectively. It is 

important to note that this analysis 

could not account for all costs or 

benefits due to limitations in available 

data. For example, the costs associated 

with adverse impacts to park resources 

and with law enforcement incidents are 

not reflected in the quantified net 

benefits presented in this summary. It is 

also important to note that the benefitcost analysis addresses the economic 

efficiency of the different alternatives 

and not their distributive equity (i.e., 

does not identify the specific sectors or 

groups on which the majority of impacts 

fall). Therefore, additional explanation 

is required when interpreting the results 

of this benefit-cost analysis. An 

explanation of the selection of the 

preferred alternative is given following 

the summaries of quantified benefits 

and costs. 

Quantified Benefits and Costs Relative 

to the Alternative 1 Baseline 

The primary beneficiaries of 

Alternatives 2, 3, 4, and 5 relative to the 

Alternative 1 baseline are the park 

visitors who ride snowmobiles in the 

park and the businesses that serve them 

such as rental shops, restaurants, gas 

stations, and hotels. Overall, Alternative 

5 should provide greater quantified 

benefits to snowmobiles than 

Alternatives 2 through 4. The daily caps 

on snowmobile use vary across the four 

alternatives, with Alternative 5 allowing 

the most snowmobiles per day into the 

parks. Alternatives 2, 3 (in 2004–2005), 

and 4 require snowmobilers to be part 

of a commercially guided tour, which is 

expected to reduce benefits to 

snowmobilers who prefer unguided 

tours or who face additional expenses 

from being forced to take a guided tour. 

Alternatives 3 (in 2005–2006 and 

beyond) and 5 allow for at least 20% of 

the tours to be unguided or led by noncommercial guides, which may 

somewhat mitigate the potential loss in 

benefits associated with the commercial 

guided tour requirement. 

The primary consumer group that 

would incur costs under Alternatives 2, 

3, 4, and 5 would be the park visitors 

who do not ride snowmobiles. Out of 

the set of alternatives that allow for 

continued snowmobile access to the 

parks, Alternative 2 is expected to 

impose the lowest costs on nonsnowmobile users because of the lower 

daily limits and the commercially 

guided tour requirements. 

Alternative 5 is expected to provide 

the greatest benefits to local businesses 

because it places the least restrictions 

on snowmobilers and is expected to 

result in the largest increase in 

visitation. Alternatives 2 and 4 are the 

most restrictive options for 

snowmobilers (primarily due to the 

requirement that all snowmobilers in 

Yellowstone must be on commercially 

guided tours) and are expected to result 

in the smallest increase in visitation 

relative to the Alternative 1 baseline 

among Alternatives 2 through 5. 

Based on the results of this analysis, 

the losses to non-snowmobilers 

generally outweigh the gains to 

snowmobilers and local businesses. 

However, there are a number of 

uncertainties that may influence this 

result. The most important factor is that 

this analysis uses the estimated losses to 

non-snowmobilers in Yellowstone to 

estimate the losses to non-snowmobilers 

in Grand Teton. This may overstate the 

losses to non-snowmobilers in Grand 

Teton because there is less snowmobile 

use in Grand Teton than in Yellowstone, 

which may imply that nonsnowmobilers are less affected by their 

presence. Snowmobile use and nonsnowmobile activities tend to occur in 

separate areas of Grand Teton, while 

there is much more overlap in the areas 

used by these visitors in Yellowstone. In 

addition, the study design did not 

describe whether all the snowmobiles 

were on guided tours. The effect of this 

on the conclusion of the results is 

unknown. Finally, the underlying study 

measured visitor’s preferences as 

compared to hypothetical alternatives. 

The responses to the survey could differ 

from actual behavior. 

The present values of quantified net 

benefits (benefits minus costs) are 

presented in Table 1 for the Alternative 

1 baseline. As noted above, these 

quantified net benefits do not account 

for certain costs associated with the 

protection of park resources or with law 

enforcement incidents. Further, these 

quantified net benefits do not reflect 

potentially significant distributive 

impacts on local communities. For 

example, the regional economic analysis 

that was done as part of the Temporary 

Winter Use Plans Environmental 

Assessment (NPS, August 2004) show 

that Alternative 4 resulted in the second 

highest economic gains to the area 

businesses as compared to Alternative 1. 

While this type of analysis only 

estimates the effects to local businesses 

rather than to society as a whole (which 

is reflected in the results below), it 

provides useful information about the 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65357

rule’s estimated effects in the 

surrounding communities. The regional 

economic analysis shows that 

Alternative 5 resulted in the highest 

gain to area businesses, but that 

alternative was not chosen due to its 

non-monetized effects on the parks’

resources. The amortized quantified net 

benefits per year are presented in Table 

2 for the Alternative 1 baseline. 

BILLING CODE 4312–CT–P


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65358 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

BILLING CODE 4312–CT–C 

Quantified Benefits and Costs Relative 

to the Historical Use Baseline 

The primary losses under Alternatives 

1 through 5 relative to the historical use 

baseline accrue to the park visitors who 

ride snowmobiles in the parks and the 

businesses that serve them. Overall, 

Alternative 1 would impose greater 

losses on snowmobilers since it would 

ban snowmobiles in the parks. The 

losses associated with Alternatives 2 

through 5 are less since those 

alternatives would allow some level of 

snowmobile use. Alternatives 2 and 4 

would also require 100% commercially 

guided tours. That feature is expected to 

increase losses to snowmobilers who 

prefer unguided tours or who face 

additional expenses from being forced 

to take commercially guided tours. 

The primary beneficiaries of 

Alternatives 1 through 5 would be the 

park visitors who do not ride 

snowmobiles. Alternative 1 would yield 

the greatest benefits for nonsnowmobilers. Out of the set of 

alternatives allowing continued 

snowmobile access to the parks, 

Alternative 2 is expected to generate the 

largest gains for non-snowmobilers 

because of the lower daily limits, 

stricter technology requirements, and 

the commercially guided tour 

requirement. Alternative 4 is expected 

to generate only slightly lower gains for 

non-snowmobile users than Alternative 

2, with the biggest difference between 

Alternatives 2 and 4 coming from the 

higher daily use limits under 

Alternative 4. 

For businesses, the losses relative to 

the historical use baseline are expected 

to be ordered in the same way as losses 

accruing to snowmobilers because they 

are driven largely by the number of 

visitors. Alternative 1 is expected to 

have the greatest negative impact on 

local businesses because it places the 

highest restrictions on snowmobilers 

and is expected to result in the largest 

decrease in visitation. Alternative 5 is 

the least restrictive option for 

snowmobilers and is expected to result 

in the smallest decrease in visitation. 

Based on the results of this analysis, 

the gains to non-snowmobilers generally 

outweigh the losses to snowmobilers 

and local businesses. However, as noted 

in the summary of benefits and costs 

relative to the Alternative 1 baseline, 

there are a number of uncertainties that 

may influence this result. 

The present values of quantified net 

benefits (benefits minus costs) are 

presented in Table 3 for the historical 

use baseline. As noted above, these 

quantified net benefits do not account 

for certain costs associated with the 

protection of park resources or with law 

enforcement incidents. Further, these 

quantified net benefits do not reflect 

potentially significant distributive 

impacts on local communities. For 

example, the regional economic analysis 

that was done as part of the Temporary 

Winter Use Plans Environmental 

Assessment (NPS, August 2004) show 

that Alternative 4 resulted in the second 

lowest economic losses to the area 

businesses as compared to the historical 

use baseline. While this type of analysis 

only estimates the effects on local 

businesses rather than to society as a 

whole (which is reflected in the results 

below), it provides useful information 

about the economic impact to the 

surrounding communities. The regional 

economic analysis shows that 

Alternative 5 resulted in the lowest 

losses to area businesses, but that 

Alternative was not chosen due to its 

non-monetized effects on the parks’

resources. The amortized quantified net 

benefits per year are presented in Table 

4 for the historical use baseline.


ER10NO04.004</GPH>
Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65359

Compliance With Other Laws 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is a significant rule 

and has been reviewed by the Office of 

Management and Budget under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

These conclusions are based on the 

report ‘‘Economic Analysis of 

Temporary Regulations on Snowmobile 

Use in the Greater Yellowstone Area’’

(RTI International, October 2004). 

(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 has been the subject of 

numerous lawsuits regarding winter use 

management. 

Regulatory Flexibility Act 

The Department of the Interior has 

determined that this document will 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Therefore a 

Regulatory Flexibility Analysis has been 

conducted. The information is 

contained in the report entitled 

‘‘Economic Analysis of Temporary 

Regulations on Snowmobile Use in the 

Greater Yellowstone Area’’ (RTI 

International, October 2004). The report 

is available on the Yellowstone Web 

site.

From the point of view of small 

businesses, Alternative 5 and 

potentially Alternative 3 might be 

marginally better for small businesses 

depending on how popular 

commercially guided tours turn out to 

be, because they may result in higher 

visitation than Alternative 4. However, 

for reasons described in Section 1 of the 

Economic Analysis and the August 2004 

Temporary Winter Use Plans 

Environmental Assessment, NPS has 

decided that all snowmobiles should be 

commercially guided. Compared to 

Alternative 2, Alternative 4 would be 

better for small businesses because of 

the higher daily entrance limits, thus 

potentially increasing revenue generated 

by higher snowmobile visitation to the 

parks. 

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 


ER10NO04.005</GPH>
65360 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

Greater Yellowstone Area, not national 

or U.S. based enterprises. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments or the private sector. It 

addresses public use of national park 

lands, and imposes no requirements on 

other agencies or governments. 

Takings (Executive Order 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. Access to private 

property located within or adjacent to 

the parks will 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 

An Environmental Assessment and a 

Finding of No Significant Impact 

(FONSI) have been completed. The EA 

and FONSI are available for review by 

contacting Yellowstone or Grand Teton 

Superintendent Offices or at 

www.nps.gov/yell/winteruse-ea.

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government to Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2: 

The NPS has evaluated potential 

effects on federally recognized Indian 

tribes and have determined that there 

are no potential effects. Numerous tribes 

in the area were consulted in the 

development of the previous 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. 

Drafting Information: The primary 

authors of this regulation were Kevin 

Schneider, Outdoor Recreation Planner, 

and John Sacklin, Management 

Assistant, Yellowstone National Park; 

Gary Pollock, Management Assistant, 

Grand Teton National Park; and Kym 

Hall, Special Assistant, National Park 

Service, Washington DC.

List of Subjects in 36 CFR Part 7 

District of Columbia, National parks, 

Reporting and recordkeeping 

requirements.

■ 36 CFR part 7 is amended 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); § 7.96 also issued under D.C. Code 8–

137(1981) and D.C. Code 40–721 (1981).

■ 2. Amend § 7.13 to revise paragraph (l) 

to read as follows:

§ 7.13 Yellowstone National Park.

* * * * *

(1)(1) What is the scope of this 

regulation? The regulations contained in 

paragraphs (l)(2) through (1)(17) of this 

section are intended to apply to the use 

of recreational and commercial 

snowmobiles. Except where indicated, 

paragraphs (1)(2) through (l)(17) do not 

apply to non-administrative 

snowmobile or snowcoach use by NPS, 

contractor or concessioner employees 

who live or work in the interior of 

Yellowstone, or other non-recreational 

users authorized by the Superintendent. 

(2) What terms do I need to know?

This paragraph also applies to non 

administrative snowmobile use by the 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent.

Commercial guide means a guide who 

operates as a snowmobile guide for a fee 

or compensation and is authorized to 

operate in the park under a concession 

contract. In this regulation, ‘‘guide’’ also 

means ‘‘commercial guide.’’

Historic snowcoach means a 

Bombardier snowcoach manufactured in 

1983 or earlier. Any other snowcoach is 

considered a non-historic snowcoach. 

Oversnow route means that portion of 

the unplowed roadway located between 

the road shoulders and designated by 

snow poles or other poles, ropes, 

fencing, or signs erected to regulate 

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. The only motorized 

vehicles permitted on oversnow routes 

are oversnow vehicles. 

Oversnow vehicle means a 

snowmobile, snowcoach, or other 

motorized vehicle that is intended for 

travel primarily on snow and has been 

authorized by the Superintendent to 

operate in the park. An oversnow 

vehicle that does not meet the definition 

of a snowcoach or a snowplane must 

comply with all requirements applicable 

to snowmobiles. 

Snowcoach means a self-propelled 

mass transit vehicle intended for travel 

on snow, having a curb weight of over 

1000 pounds (450 kilograms), driven by 

a track or tracks and steered by skis or 

tracks, and having a capacity of at least 

8 passengers. 

Snowplane means a self-propelled 

vehicle intended for oversnow travel 

and driven by an air-displacing 

propeller. 

(3) May I operate a snowmobile in 

Yellowstone National Park? (i) You may 

operate a snowmobile in Yellowstone 

National Park in compliance with use 

limits, guiding requirements, operating 

hours and dates, equipment, and 

operating conditions established 

pursuant to this section. The 

Superintendent may establish 

additional operating conditions and 

shall provide notice of those conditions 

in accordance with § 1.7(a) of this 

chapter or in the Federal Register. 

(ii) The authority to operate a 

snowmobile in Yellowstone National 

Park established in paragraph (l)(3)(i) is 

in effect only through the winter season 

of 2006–2007. 

(4) May I operate a snowcoach in 

Yellowstone National Park? (i) 

Commercial snowcoaches may be 

operated in Yellowstone National Park 

under a concessions contract. Noncommercial 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. 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65361

(ii) Beginning with the winter of 

2005–2006, all non-historic 

snowcoaches must meet NPS air 

emissions requirements. These 

requirements are the applicable EPA 

emission standards for the vehicle at the 

time it was manufactured. 

(iii) All critical emission-related 

exhaust components (as defined in 40 

CFR 86.004–25(b)(3)(iii) through (v)) 

must be functioning properly. 

Malfunctioning critical emissionsrelated components must be replaced 

with the original equipment 

manufacturer (OEM) component, where 

possible. Where OEM parts are not 

available, aftermarket parts may be 

used. 

(iv) Modifying or disabling a 

snowcoach’s original pollution control 

equipment is prohibited except for 

maintenance purposes. 

(v) Individual snowcoaches may be 

subject to periodic inspections to 

determine compliance with the 

requirements of paragraphs (l)(4)(ii) 

through (l)(4)(iv) of this section. 

(vi) Historic snowcoaches are not 

required to meet air emissions 

restrictions. 

(vii) The authority to operate a 

snowcoach in Yellowstone National 

Park established in paragraph (l)(4)(i) is 

in effect only through the winter season 

of 2006–2007. 

(5) Must I operate a certain model of 

snowmobile? Only commercially 

available snowmobiles that meet NPS 

air and sound emissions requirements 

as set forth in this section may be 

operated in the park. The 

Superintendent will approve 

snowmobile makes, models, and year of 

manufacture that meet those 

requirements. Any snowmobile model 

not approved by the Superintendent 

may not be operated in the park. 

(6) How will the Superintendent 

approve snowmobile makes, models, 

and year of manufacture for use in the 

park? (i) Beginning with the 2005 model 

year, all snowmobiles must be certified 

under 40 CFR part 1051, to a Family 

Emission Limit no greater than 15 g/kWhr for hydrocarbons and to a Family 

Emission Limit no greater than 120 g/

kW-hr for carbon monoxide. 

(A) 2004 model year snowmobiles 

may use measured emissions levels 

(official emission results with no 

deterioration factors applied) to comply 

with the emission limits specified in 

paragraph (l)(6)(i) of this section. 

(B) Snowmobiles manufactured prior 

to the 2004 model year may be operated 

only if they have been shown to have 

emissions no greater than the limits 

specified in paragraph (l)(6)(i) of this 

section. 

(C) The snowmobile test procedures 

specified by EPA (40 CFR parts 1051 

and 1065) shall be used to measure air 

emissions from model year 2004 and 

later snowmobiles. Equivalent 

procedures may be used for earlier 

model years. 

(ii) For sound emissions, 

snowmobiles must operate at or below 

73dB(A) as measured at full throttle 

using test procedures similar to Society 

of Automotive Engineers J192 test 

procedures (revised 1985). Snowmobiles 

may be tested at any barometric 

pressure equal to or above 23.4 inches 

Hg uncorrected. 

(iii) The Superintendent may prohibit 

entry into the park of any snowmobile 

that has been modified in a manner that 

may adversely affect air or sound 

emissions. 

(7) Where must I operate my 

snowmobile in Yellowstone National 

Park? (i) You must operate your 

snowmobile only upon designated 

oversnow routes established within the 

park in accordance with § 2.18(c) of this 

chapter. The following oversnow routes 

are so designated for snowmobile use 

through the winter season of 2006–2007: 

(A) The Grand Loop Road from its 

junction with Terrace Springs Drive to 

Norris Junction. 

(B) Norris Junction to Canyon 

Junction. 

(C) The Grand Loop Road from Norris 

Junction to Madison Junction. 

(D) The West Entrance Road from the 

park boundary at West Yellowstone to 

Madison Junction. 

(E) The Grand Loop Road from 

Madison Junction to West Thumb. 

(F) The South Entrance Road from the 

South Entrance to West Thumb. 

(G) The Grand Loop Road from West 

Thumb to its junction with the East 

Entrance Road.

(H) The East Entrance Road from the 

East Entrance to its junction with the 

Grand Loop Road. 

(I) The Grand Loop Road from its 

junction with the East Entrance Road to 

Canyon Junction. 

(J) The South Canyon Rim Drive. 

(K) Lake Butte Road. 

(L) In the developed areas of Madison 

Junction, Old Faithful, Grant Village, 

Lake, Fishing Bridge, Canyon, Indian 

Creek, and Norris. 

(M) Firehole Canyon Drive between 

noon and 9 p.m. each day. 

(ii) The Superintendent may open or 

close these routes, or portions thereof, 

for snowmobile travel after taking into 

consideration the location of wintering 

wildlife, appropriate snow cover, public 

safety, and other factors. Notice of such 

opening or closing shall be provided by 

one or more of the methods listed in 

§ 1.7(a) of this chapter. 

(iii) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(iv) Maps detailing the designated 

oversnow routes will be available from 

Park Headquarters. 

(8) What routes are designated for 

snowcoach use? (i) Authorized 

snowcoaches may only be operated on 

the routes designated for snowmobile 

use in paragraphs (l)(7)(i)(A) through 

(l)(7)(i)(M) of this section and the 

following additional oversnow routes 

through the winter season 2006–2007: 

(A) Firehole Canyon Drive. 

(B) Fountain Flat Road. 

(C) Virginia Cascades Drive. 

(D) North Canyon Rim Drive. 

(E) Riverside Drive. 

(F) That portion of the Grand Loop 

Road from Canyon Junction to 

Washburn Hot Springs overlook. 

(ii) The Superintendent may open or 

close these oversnow routes, or portions 

thereof, or designate new routes for 

snowcoach travel after taking into 

consideration the location of wintering 

wildlife, appropriate snow cover, public 

safety, and other factors. Notice of such 

opening or closing shall be provided by 

one or more of the methods listed in 

§ 1.7(a) of this chapter. 

(iii) This paragraph also applies to 

non-administrative snowcoach use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(9) Must I travel with a commercial 

guide while snowmobiling in 

Yellowstone and what other guiding 

requirements apply? 

(i) All recreational snowmobile 

operators must be accompanied by a 

commercial guide. 

(ii) Snowmobile parties must travel in 

a group of no more than 11 

snowmobiles, including that of the 

guide. 

(iii) Guided parties must travel 

together within a maximum of one-third 

mile of the first snowmobile in the 

group. 

(10) Are there limits established for 

the numbers of snowmobiles permitted 

to operate in the park each day? The 

numbers of snowmobiles allowed to 

operate in the park each day is limited 

to a certain number per entrance or 

location. The limits are listed in the 

following table:

65362 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

TABLE 1 TO § 7.13.—DAILY

SNOWMOBILE LIMITS

Park entrance/location 

Total

number of

commercially

guided

snowmobile

allocations 

(i) YNP—North Entrance* ... 30 

(ii) YNP—West Entrance .... 400 

(iii) YNP—South Entrance .. 220 

(iv) YNP—East Entrance .... 40 

(v) YNP—Old Faithful* ....... 30 

*These limits may be reallocated between 

these two areas as necessary, so long as the 

total daily number of snowmobiles for the two 

areas does not exceed 60. 

(11) When may I operate my 

snowmobile or snowcoach? The 

Superintendent will determine 

operating hours and dates. Expect for 

emergency situations, changes to 

operating hours may be made annually 

and the public will be notified of those 

changes through one or more of the 

methods listed in § 1.7(a) of this 

chapter. 

(12) What other conditions apply to 

the operation of oversnow vehicles? (i) 

The following are prohibited: 

(A) Idling an oversnow vehicle more 

than 5 minutes at any one time. 

(B) Driving an oversnow vehicle while 

the driver’s motor vehicle license or 

privilege is suspended or revoked. 

(C) Allowing or permitting an 

unlicensed driver to operate an 

oversnow vehicle. 

(D) Driving an oversnow vehicle in 

willful or wanton disregard for the 

safety of persons, property, or park 

resources or otherwise in a reckless 

manner. 

(E) Operating an oversnow vehicle 

without a lighted white headlamp and 

red taillight. 

(F) Operating an oversnow vehicle 

that does not have brakes in good 

working order. 

(G) The towing of persons on skis, 

sleds or other sliding devices by 

oversnow vehicles, except in emergency 

situations. 

(ii) The following are required: 

(A) All oversnow vehicles that stop on 

designated routes must pull over to the 

far right and next to the snow berm. 

Pullouts must be utilized where 

available and accessible. Oversnow 

vehicles may not be stopped in a 

hazardous location or where the view 

might be obscured, or operating so 

slowly as to interfere with the normal 

flow of traffic. 

(B) Oversnow vehicle drivers must 

possess a valid motor vehicle driver’s 

license. A learner’s permit does not 

satisfy this requirement. The license 

must be carried by the driver at all 

times. 

(C) Equipment sleds towed by a 

snowmobile must be pulled behind the 

snowmobile and fastened to the 

snowmobile with a rigid hitching 

mechanism. 

(D) Snowmobiles must be properly 

registered and display a valid 

registration from the United States or 

Canada. 

(iii) The Superintendent may impose 

other terms and conditions as necessary 

to protect park resources, visitors, or 

employees. The public will be notified 

of any changes through one or more 

methods listed in § 1.7(a) of this 

chapter. 

(iv) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employee, or other non-recreational 

users as authorized by the 

Superintendent.

(13) What conditions apply to alcohol 

use while operating an oversnow 

vehicle? In addition to the regulations 

contained in 36 CFR 4.23, the following 

conditions apply: 

(i) Operating or being in actual 

physical control of an oversnow vehicle 

is prohibited when the driver is under 

21 years of age and the alcohol 

concentration in the driver’s blood or 

breath is 0.02 grams or more of alcohol 

per 100 milliliters of blood or 0.02 

grams or more of alcohol per 210 liters 

of breath. 

(ii) Operating or being in actual 

physical control of an oversnow vehicle 

is prohibited when the driver is a 

snowmobile guide or a snowcoach 

driver and the alcohol concentration in 

the operator’s blood or breath is 0.04 

grams or more of alcohol per 100 

milliliters of blood or 0.04 grams or 

more of alcohol per 210 liters of breath. 

(iii) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users as authorized by the 

Superintendent. 

(14) Do other NPS regulations apply 

to the use of oversnow vehicles? (i) The 

use of oversnow vehicles in 

Yellowstone is not subject to §§ 2.18 (b), 

(d), (e), and 2.19(b) of this chapter. 

(ii) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users as authorized by the 

Superintendent. 

(15) Are there any forms of nonmotorized oversnow transportation 

allowed in the park? (i) Non-motorized 

travel consisting of skiing, skating, 

snowshoeing, or walking is permitted 

unless otherwise restricted pursuant to 

this section or other provisions of 36 

CFR part 1. 

(ii) The Superintendent may designate 

areas of the park as closed, reopen such 

areas, or establish terms and conditions 

for non-motorized travel within the park 

in order to protect visitors, employees, 

or park resources. 

(iii) Dog sledding and ski-joring are 

prohibited. 

(16) May I operate a snowplane in 

Yellowstone? The operation of a 

snowplane in Yellowstone is prohibited. 

(17) Is violating any of the provisions 

of this section prohibited? Violating any 

of the terms, conditions or requirements 

of paragraphs (l)(1) through (l)(16) of 

this section is prohibited. Each 

occurrence of non-compliance with 

these regulations is a separate violation.

■ 3. Amend § 7.21 to revise paragraph (a) 

to read as follows:

§ 7.21 John D. Rockefeller, Jr., Memorial 

Parkway. 

(a)(1) What is the scope of this 

regulation? The regulations contained in 

paragraphs (a)(2) through (a)(17) of this 

section are intended to apply to the use 

of recreational and commercial 

snowmobiles. Except where indicated, 

paragraphs (a)(2) through (a)(17) do not 

apply to non-administrative 

snowmobile or snowcoach use by NPS, 

contractor or concessioner employees 

who live or work in the interior of 

Yellowstone, or other non-recreational 

users authorized by the Superintendent. 

(2) What terms do I need to know? All 

the terms in § 7.13(l)(2) of this part 

apply to this section. This paragraph 

also applies to non-administrative 

snowmobile use by NPS, contractor or 

concessioner employees, or other nonrecreational users authorized by the 

Superintendent. 

(3) May I operate a snowmobile in the 

Parkway? (i) You may operate a 

snowmobile in the Parkway in 

compliance with use limits, guiding 

requirements, operating hours and 

dates, equipment, and operating 

conditions established pursuant to this 

section. The Superintendent may 

establish additional operating 

conditions and shall provide notice of 

those conditions in accordance with 

§ 1.7(a) of this chapter or in the Federal 

Register. 

(ii) The authority to operate a 

snowmobile in the Parkway established 

in paragraph (a)(3)(i) is in effect only 

through the winter season 2006–2007. 

(4) May I operate a snowcoach in the 

Parkway? (i) Commercial snowcoaches 

may be operated in the Parkway under 

a concessions contract. Non-commercial 

snowcoaches may be operated if 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65363

authorized by the Superintendent. 

Snowcoach operation is subject to the 

conditions stated in the concessions 

contract and all other conditions 

identified in this section. 

(ii) Beginning with the winter of 

2005–2006, all non-historic 

snowcoaches must meet NPS air 

emissions requirements. These 

requirements are the applicable EPA 

emission standards for the vehicle at the 

time it was manufactured. 

(iii) All critical emission-related 

exhaust components (as defined in 40 

CFR 86.004–25(b)(3)(iii) through (v)) 

must be functioning properly. 

Malfunctioning critical emission-related 

components must be replaced with the 

original equipment manufacturer (OEM) 

component, where possible. Where 

OEM parts are not available, aftermarket parts may be used. 

(iv) Modifying or disabling a 

snowcoach’s original pollution control 

equipment is prohibited except for 

maintenance purposes. 

(v) Individual snowcoaches may be 

subject to periodic inspections to 

determine compliance with the 

requirements of paragraphs (a)(4)(ii) 

through (a)(4)(iv) of this section. 

(vi) Historic snowcoaches are not 

required to meet air emissions 

restrictions. 

(vii) The authority to operate a 

snowcoach in the Parkway established 

in paragraph (a)(4)(i) is in effect only 

through the winter season of 2006–2007. 

(5) Must I operate a certain model of 

snowmobile? Only commercially 

available snowmobiles that meet NPS 

air and sound requirements as set forth 

in this section may be operated in the 

Parkway. The Superintendent will 

approve snowmobile makes, models and 

year of manufacture that meet those 

restrictions. Any snowmobile model not 

approved by the superintendent may 

not be operated in the Parkway. 

(6) How will the Superintendent 

approve snowmobile makes, models, 

and year of manufacture for use in the 

Parkway? (i) Beginning with the 2005 

model year, all snowmobiles must be 

certified under 40 CFR part 1051, to a 

Family Emission Limit no greater than 

15 g/kW-hr for hydrocarbons and to a 

Family Emission Limit no greater than 

120 g/kW-hr for carbon monoxide. 

(A) 2004 model year snowmobiles 

may use measured air emissions levels 

(official emission results with no 

deterioration factors applied) to comply 

with the air emission limits specified in 

paragraph (a)(6)(i) of this section. 

(B) Snowmobiles manufactured prior 

to the 2004 model year may be operated 

only if they have shown to have air 

emissions no greater than the 

restrictions identified in paragraph 

(a)(6)(i) of this section.

(C) The snowmobile test procedures 

specified by EPA (40 CFR parts 1051 

and 1065) shall be used to measure air 

emissions from model year 2004 and 

later snowmobiles. Equivalent 

procedures may be used for earlier 

model years. 

(ii) For sound emissions snowmobiles 

must operate at or below 73dB(A) as 

measured at full throttle using test 

procedures similar to Society of 

Automotive Engineers J192 test 

procedures (revised 1985). Snowmobiles 

may be tested at any barometric 

pressure equal to or above 23.4 inches 

Hg uncorrected. 

(iii) These air and sound emissions 

restrictions shall not apply to 

snowmobiles originating in the Targhee 

National Forest and traveling on the 

Grassy Lake Road to Flagg Ranch. 

However these snowmobiles may not 

travel further into the Parkway than 

Flagg Ranch unless they meet the air 

and sound emissions and all other 

requirements of this section. 

(iv) The Superintendent may prohibit 

entry into the Parkway of any 

snowmobile that has been modified in 

a manner that may adversely affect air 

or sound emissions. 

(7) Where must I operate my 

snowmobile in the Parkway? (i) You 

must operate your snowmobile only 

upon designated oversnow routes 

established within the Parkway in 

accordance with § 2.18(c) of this 

chapter. The following oversnow routes 

are so designated for snowmobile use 

through the winter season of 2006–2007: 

(A) The Continental Divide 

Snowmobile Trail (CDST) along U.S. 

Highway 89/287 from the southern 

boundary of the Parkway north to the 

Snake River Bridge. 

(B) Along U.S. Highway 89/287 from 

the Snake River Bridge to the northern 

boundary of the Parkway. 

(C) Grassy Lake Road from Flagg 

Ranch to the western boundary of the 

Parkway. 

(D) Flagg Ranch developed area. 

(ii) The Superintendent may open or 

close these routes, or portions thereof, 

for snowmobile travel after taking into 

consideration the location of wintering 

wildlife, appropriate snow cover, public 

safety and other factors. Notice of such 

opening or closing shall be provided by 

one or more of the methods listed in 

§ 1.7(a) of this chapter. 

(iii) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(iv) Maps detailing the designated 

oversnow routes will be available from 

Park Headquarters. 

(8) What routes are designated for 

snowcoach use? (i) Authorized 

snowcoaches may only be operated 

through the winter season of 2006–2007 

on the route designated for snowmobile 

use in paragraph (a)(7)(i)(B) of this 

section. No other routes are open to 

snowcoach use. 

(ii) The Superintendent may open or 

close this oversnow route, or portions 

thereof, or designate new routes for 

snowcoach travel after taking into 

consideration the location of wintering 

wildlife, appropriate snow cover, public 

safety, and other factors. Notice of such 

opening or closing shall be provided by 

one or more of the methods listed in 

§ 1.7(a) of this chapter. 

(iii) This paragraph also applies to 

non-administrative snowcoach use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(9) Must I travel with a commercial 

guide while snowmobiling in the 

Parkway, and what other guiding 

requirements apply? All recreational 

snowmobile operators using the 

oversnow route along U.S. Highway 89/

287 from Flagg Ranch to the northern 

boundary of the parkway must be 

accompanied by a commercial guide. A 

guide is not required in other portions 

of the Parkway. 

(i) Guided snowmobile parties must 

travel in a group of no more than 11 

snowmobiles, including that of the 

guide. 

(ii) Guided snowmobile parties must 

travel together within a maximum of 

one-third mile of the first snowmobile 

in the group. 

(10) Are there limits established for 

the numbers of snowmobiles permitted 

to operate in the Parkway each day? (i) 

The numbers of snowmobiles allowed to 

operate in the Parkway each day is 

limited to a certain number per road 

segment. The limits are listed in the 

following table:

TABLE 1 TO § 7.21.—DAILY

SNOWMOBILE ENTRY LIMITS

Park entrance/road segment 

Total 

number 

of snowmobile 

entrance 

passes 

(ii) GTNP and the Parkway—Total 

Use on CDST * .......................... 50 

(iii) Grassy Lake Road (FlaggAshton Road) ............................ 50 

65364 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

TABLE 1 TO § 7.21.—DAILY SNOWMOBILE ENTRY LIMITS—Continued

Park entrance/road segment 

Total 

number 

of snowmobile 

entrance 

passes 

(iv) Flagg Ranch to Yellowstone 

South Entrance ......................... 220 

* The Continental Divide Snowmobile Trail 

lies within both GTNP and the Parkway. The 

50 daily snowmobile use limit applies to total 

use on this trail in both parks. 

(11) When may I operate my 

snowmobile or snowcoach? The 

Superintendent will determine 

operating hours and dates. Except for 

emergency situations, changes to 

operating hours may be made annually 

and the public will be notified of those 

changes through one or more of the 

methods listed in § 1.7(a) of this 

chapter. 

(12) What other conditions apply to 

the operation of oversnow vehicles? (i) 

The following are prohibited: 

(A) Idling an oversnow vehicle more 

than 5 minutes at any one time. 

(B) Driving an oversnow vehicle while 

the operator’s motor vehicle license or 

privilege is suspended or revoked. 

(C) Allowing or permitting an 

unlicensed driver to operate an 

oversnow vehicle. 

(D) Driving an oversnow vehicle in 

willful or wanton disregard for the 

safety of persons, property, or parkway 

resources or otherwise in a reckless 

manner. 

(E) Operating an oversnow vehicle 

without a lighted white headlamp and 

red taillight. 

(F) Operating an oversnow vehicle 

that does not have brakes in good 

working order. 

(G) The towing of persons on skis, 

sleds or other sliding devices by 

oversnow vehicles, except in emergency 

situations. 

(ii) The following are required: 

(A) All oversnow vehicles that stop on 

designated routes must pull over to the 

far right and next to the snow berm. 

Pullouts must be utilized where 

available and accessible. Oversnow 

vehicles may not be stopped in a 

hazardous location or where the view 

might be obscured, or operating so 

slowly as to interfere with the normal 

flow of traffic. 

(B) Oversnow vehicle drivers must 

possess a valid motor vehicle operator’s 

license. The license must be carried by 

the driver at all times. A learner’s 

permit does not satisfy this requirement.

(C) Equipment sleds towed by a 

snowmobile must be pulled behind the 

snowmobile and fastened to the 

snowmobile with a rigid hitching 

mechanism. 

(D) Snowmobiles must be properly 

registered and display a valid 

registration from the United States or 

Canada. 

(iii) The Superintendent may impose 

other terms and conditions as necessary 

to protect parkway resources, visitors, or 

employees. The public will be notified 

of any changes through one or more 

methods listed in § 1.7(a) of this 

chapter. 

(iv) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(13) What conditions apply to alcohol 

use while operating an oversnow 

vehicle? In addition to the regulations in 

36 CFR 4.23, the following conditions 

apply: 

(i) Operating or being in actual 

physical control of an oversnow vehicle 

is prohibited when the driver is under 

21 years of age and the alcohol 

concentration in the driver’s blood or 

breath is 0.02 grams or more of alcohol 

per 100 milliliters of blood or 0.02 

grams or more of alcohol per 210 liters 

of breath. 

(ii) Operating or being in actual 

physical control of an oversnow vehicle 

is prohibited when the driver is a 

snowmobile guide or a snowcoach 

driver and the alcohol concentration in 

the operator’s blood or breath is 0.04 

grams or more of alcohol per 100 

milliliters of blood or 0.04 grams or 

more of alcohol per 210 liters of breath. 

(iii) This paragraph also applies to 

non-administrative snowmobiles use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(14) Do other NPS regulations apply 

to the use of oversnow vehicles? (i) The 

use of oversnow vehicles is not subject 

to §§ 2.18(d), (e), and 2.19(b) of this 

chapter. 

(ii) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users as authorized by the 

Superintendent. 

(15) Are there any forms of nonmotorized oversnow transportation 

allowed in the parkway? (i) Nonmotorized travel consisting of skiing, 

skating, snowshoeing, or walking is 

permitted unless otherwise restricted 

pursuant to this section or other 

provisions of 36 CFR part 1. 

(ii) The Superintendent may designate 

areas of the Parkway as closed, reopen 

such areas, or establish terms and 

conditions for non-motorized travel 

within the Parkway in order to protect 

visitors, employees, or park resources. 

(iii) Dog sledding and ski-joring are 

prohibited. 

(16) May I operate a snowplane in the 

Parkway? The operation of a snowplane 

in the Parkway is prohibited. 

(17) Is violating any of the provisions 

of this section prohibited? Violating any 

of the terms, conditions or requirements 

of paragraphs (a)(1) through (a)(16) of 

this section is prohibited. Each 

occurrence of non-compliance with 

these regulations is a separate violation.

* * * * *

■ 4. Amend § 7.22 to revise paragraph (g) 

to read as follows:

§ 7.22 Grand Teton National Park.

* * * * *

(g)(1) What is the scope of this 

regulation? The regulations contained in 

paragraphs (g)(2) through (g)(20) of this 

section are intended to apply to the use 

of recreational and commercial 

snowmobiles. Except where indicated, 

paragraphs (g)(2) through (g)(20) do not 

apply to non-administrative 

snowmobile or snowcoach use by NPS, 

contractor or concessioner employees 

who live or work in the interior of 

Yellowstone, or other non-recreational 

users authorized by the Superintendent 

(2) What terms do I need to know? All 

the terms in § 7.13(l)(1) of this part 

apply to this section. This paragraph 

also applies to non-administrative 

snowmobile use by NPS, contractor or 

concessioner employees, or other nonrecreational users authorized by the 

Superintendent. 

(3) May I operate a snowmobile in the 

Grand Teton National Park? (i) You may 

operate a snowmobile in Grand Teton 

National Park in compliance with use 

limits, operating hours and dates, 

equipment, and operating conditions 

established pursuant to this section. The 

Superintendent may establish 

additional operating conditions and 

provide notice of those conditions in 

accordance with § 1.7(a) of this chapter 

or in the Federal Register. 

(ii) The authority to operate a 

snowmobile in Grand Teton National 

Park established in paragraph (g)(3)(i) is 

in effect only through the winter season 

of 2006–2007, except for the routes 

designated in paragraphs (g)(16) and 

(18) of this section, for which it will 

remain in effect. 

(4) May I operate a snowcoach in 

Grand Teton National Park? It is 

prohibited to operate a snowcoach in 

Grand Teton National Park except as 

authorized by the superintendent. 

(5) Must I operate a certain model of 

snowmobile in the park? Only 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65365

commercially available snowmobiles 

that meet NPS air and sound emissions 

requirements as set forth in this section 

may be operated in the park. The 

Superintendent will approve 

snowmobile makes, models, and year of 

manufacture that meet those 

requirements. Any snowmobile model 

not approved by the Superintendent 

may not be operated in the park. 

(6) How will the Superintendent 

approve snowmobile makes, models, 

and year of manufacture for use in 

Grand Teton? (i) Beginning with the 

2005 model year, all snowmobiles must 

be certified under 40 CFR part 1051, to 

a Family Emission Limit no greater than 

15 g/kW-hr for hydrocarbons and to a 

Family Emission Limit no greater than 

120 g/kW-hr for carbon monoxide. 

(A) 2004 model year snowmobiles 

may use measured air emissions levels 

(official emission results with no 

deterioration factors applied) to comply 

with the air emission limits specified in 

paragraph (g)(6)(i) of this section. 

(B) Snowmobiles manufactured prior 

to the 2004 model year may be operated 

only if they have shown to have air 

emissions no greater than the 

requirements identified in paragraph 

(g)(6)(i) of this section. 

(C) The snowmobile test procedures 

specified by EPA (40 CFR parts 1051 

and 1065) shall be used to measure air 

emissions from model year 2004 and 

later snowmobiles. Equivalent 

procedures may be used for earlier 

model years. 

(ii) For sound emissions snowmobiles 

must operate at or below 73dB(A) as 

measured at full throttle using 

procedures similar to Society of 

Automotive Engineers J192 test 

procedures (revised 1985). Snowmobiles 

may be tested at any barometric 

pressure equal to or above 23.4 inches 

Hg uncorrected.

(iii) These air and sound emissions 

requirements shall not apply to 

snowmobiles while in use to access 

lands authorized by paragraphs (g)(16) 

and (g)(18) of this section. 

(iv) The Superintendent may prohibit 

entry into the park of any snowmobile 

that has been modified in a manner that 

may adversely affect air or sound 

emissions. 

(7) Where must I operate my 

snowmobile in the park? (i) You must 

operate your snowmobile only upon 

designated oversnow routes established 

within the park in accordance with 

§ 2.18(c) of this chapter. The following 

oversnow routes are so designated for 

snowmobile use through the winter 

season 2006–2007: 

(A) The frozen water surface of 

Jackson Lake for the purposes of ice 

fishing only. Those persons accessing 

Jackson Lake for ice fishing must 

possess a valid Wyoming fishing license 

and the proper fishing gear. 

Snowmobiles may only be used to travel 

to and from fishing locations on the 

lake. 

(B) The Continental Divide 

Snowmobile Trail along U.S. 26/287 

from Moran Junction to the eastern park 

boundary and along U.S. 89/287 from 

Moran Junction to the north park 

boundary. 

(ii) The Superintendent may open or 

close these routes, or portions thereof, 

for snowmobile travel, and may 

establish separate zones for motorized 

and non-motorized use on Jackson Lake, 

after taking into consideration the 

location of wintering wildlife, 

appropriate snow cover, public safety 

and other factors. Notice of such 

opening or closing shall be provided by 

one or more of the methods listed in 

§ 1.7(a) of this chapter. 

(iii) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(iv) Maps detailing the designated 

oversnow routes will be available from 

Park Headquarters. 

(8) Must I travel with a commercial 

guide while snowmobiling in Grand 

Teton National Park? You are not 

required to use a guide while 

snowmobiling in Grand Teton National 

Park. 

(9) Are there limits established for the 

numbers of snowmobiles permitted to 

operate in the park each day? The 

numbers of snowmobiles allowed to 

operate in the park each day are limited 

to a certain number per road segment or 

location. The snowmobile limits are 

listed in the following table:

TABLE 1 TO § 7.22.—DAILY

SNOWMOBILE LIMITS

Road segment/location 

Total 

number 

of snowmobiles 

(i) GTNP and the Parkway—Total 

Use on CDST* .......................... 50 

(ii) Jackson Lake .......................... 40 

* The Continental Divide Snowmobile Trail 

lies within both GTNP and the Parkway. The 

50 daily snowmobile use limit applies to total 

use on this route in both parks; however the 

limit does not apply to the portion described in 

paragraph (16)(ii) of this section. 

(10) When may I operate my 

snowmobile? The Superintendent will 

determine operating hours and dates. 

Except for emergency situations, 

changes to operating hours or dates may 

be made annually and the public will be 

notified of those changes through one or 

more of the methods listed in § 1.7(a) of 

this chapter. 

(11) What other conditions apply to 

the operation of oversnow vehicles? (i) 

The following are prohibited: 

(A) Idling an oversnow vehicle more 

than 5 minutes at any one time. 

(B) Driving an oversnow vehicle while 

the operator’s motor vehicle license or 

privilege is suspended or revoked. 

(C) Allowing or permitting an 

unlicensed driver to operate an 

oversnow vehicle. 

(D) Driving an oversnow vehicle in 

willful or wanton disregard for the 

safety of persons, property, or park 

resources or otherwise in a reckless 

manner. 

(E) Operating an oversnow vehicle 

without a lighted white headlamp and 

red taillight. 

(F) Operating an oversnow vehicle 

that does not have brakes in good 

working order. 

(G) The towing of persons on skis, 

sleds or other sliding devices by 

oversnow vehicles. 

(ii) The following are required: 

(A) All oversnow vehicles that stop on 

designated routes must pull over to the 

far right and next to the snow berm. 

Pullouts must be utilized where 

available and accessible. Oversnow 

vehicles may not be stopped in a 

hazardous location or where the view 

might be obscured, or operating so 

slowly as to interfere with the normal 

flow of traffic. 

(B) Oversnow vehicle drivers must 

possess a valid motor vehicle operator’s 

license. The license must be carried by 

the driver at all times. A learner’s 

permit does not satisfy this requirement. 

(C) Equipment sleds towed by a 

snowmobile must be pulled behind the 

snowmobile and fastened to the 

snowmobile with a rigid hitching 

mechanism. 

(D) Snowmobiles must be properly 

registered and display a valid 

registration from the United States or 

Canada.

(iii) The Superintendent may impose 

other terms and conditions as necessary 

to protect park resources, visitors, or 

employees. The public will be notified 

of any changes through one or more 

methods listed in § 1.7(a) of this 

chapter. 

(iv) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(12) What conditions apply to alcohol 

use while operating an oversnow 

vehicle? In addition to the regulations in 

65366 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

36 CFR 4.23, the following conditions 

apply: 

(i) Operating or being in actual 

physical control of an oversnow vehicle 

is prohibited when the driver is under 

21 years of age and the alcohol 

concentration in the driver’s blood or 

breath is 0.02 grams or more of alcohol 

per 100 milliliters or blood or 0.02 

grams or more of alcohol per 210 liters 

of breath. 

(ii) Operating or being in actual 

physical control of an oversnow vehicle 

is prohibited when the driver is a 

snowmobile guide or a snow coach 

operator and the alcohol concentration 

in the driver’s blood or breath is 0.04 

grams or more of alcohol per 100 

milliliters of blood or 0.04 grams or 

more of alcohol per 210 liters of breath. 

(iii) This paragraph also applies to 

non-administrative snowmobile use by 

NPS, contractor or concessioner 

employees, or other non-recreational 

users authorized by the Superintendent. 

(13) Do other NPS regulations apply 

to the use of oversnow vehicles? The use 

of oversnow vehicles in Grand Teton is 

not subject to §§ 2.18(d) and (e) and 

2.19(b) of this chapter. 

(14) Are there any forms of nonmotorized oversnow transportation 

allowed in the park? (i) Non-motorized 

travel consisting of skiing, skating, 

snowshoeing, or walking is permitted 

unless otherwise restricted pursuant to 

this section or other provisions of 36 

CFR part 1. 

(ii) The Superintendent may designate 

areas of the park as closed, reopen such 

areas, or establish terms and conditions 

for non-motorized travel within the park 

in order to protect visitors, employees, 

or park resources. 

(iii) Dog sledding and ski-joring are 

prohibited. 

(15) May I operate a snowplane in the 

park? The operation of a snowplane in 

Grand Teton National Park is 

prohibited. 

(16) May I continue to access public 

lands via snowmobile through the park?

Reasonable and direct access, via 

snowmobile, to adjacent public lands 

will continue to be permitted on 

designated routes through the park. 

Requirements established in this section 

related to air and sound emissions, 

snowmobile operator age, guiding, and 

licensing do not apply on these 

oversnow routes. The following routes 

only are designated for access via 

snowmobile to public lands: 

(i) From the parking area at Shadow 

Mountain directly along the unplowed 

portion of the road to the east park 

boundary. 

(ii) Along the unplowed portion of the 

Ditch Creek Road directly to the east 

park boundary. 

(iii) The Continental Divide 

Snowmobile Trail, from the east park 

boundary to Moran Junction. 

(17) For what purpose may I use the 

routes designated in paragraph (g)(16) 

of this section? You may use those 

routes designated in paragraph (g)(16) of 

this section only to gain direct access to 

public lands adjacent to the park 

boundary. 

(18) May I continue to access private 

property within or adjacent to the park 

via snowmobile? Until such time as the 

United States takes full possession of an 

inholding in the park, the 

Superintendent may establish 

reasonable and direct access routes via 

snowmobile, to such inholding, or to 

private property adjacent to park 

boundaries for which other routes or 

means of access are not reasonably 

available. Requirements established in 

this section related to air and sound 

emissions, snowmobile operator age, 

licensing, and guiding do not apply on 

these oversnow routes. The following 

routes are designated for access to 

properties within or adjacent to the 

park: 

(i) The unplowed portion of Antelope 

Flats Road off U.S. 26/89 to private 

lands in the Craighead Subdivision. 

(ii) The unplowed portion of the 

Teton Park Road to the piece of land 

commonly referred to as the ‘‘Clark 

Property’’. 

(iii) From the Moose-Wilson Road to 

the land commonly referred to as the 

‘‘Barker Property’’. 

(iv) From the Moose-Wilson Road to 

the land commonly referred to as the 

‘‘Wittimer Property’’. 

(v) From the Moose-Wilson Road to 

those two pieces of land commonly 

referred to as the ‘‘Halpin Properties’’. 

(vi) From the south end of the plowed 

sections of the Moose-Wilson Road to 

that piece of land commonly referred to 

as the ‘‘JY Ranch’’. 

(vii) From Highway 26/89/187 to 

those lands commonly referred to as the 

‘‘Meadows’’, the ‘‘Circle EW Ranch’’, the 

‘‘Moulton Property’’, the ‘‘Levinson 

Property’’ and the ‘‘West Property’’. 

(viii) From Cunningham Cabin 

pullout on U.S. 26/89 near Triangle X to 

the piece of land commonly referred to 

as the ‘‘Lost Creek Ranch’’. 

(ix) Maps detailing designated routes 

will be available from Park 

Headquarters. 

(19) For what purpose may I use the 

routes designated in paragraph (g)(18) 

of this section? Those routes designated 

in paragraph (g)(18) of this section are 

only to access private property within or 

directly adjacent to the park boundary. 

Use of these roads via snowmobile is 

authorized only for the landowners and 

their representatives or guests. Use of 

these roads by anyone else or for any 

other purpose is prohibited. 

(20) Is violating any of the provisions 

of this section prohibited? Violating any 

of the terms, conditions or requirements 

of paragraphs (g)(1) through (g)(19) of 

this section is prohibited. Each 

occurrence of non-compliance with 

these regulations is a separate violation.

Dated: November 4, 2004. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks.

[FR Doc. 04–25093 Filed 11–9–04; 8:45 am] 

BILLING CODE 4312–CT–P