[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Proposed Rules]
[Pages 51099-51102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23946]


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

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD75


Special Regulations, Areas of the National Park System, Grand 
Teton National Park

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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

SUMMARY: The National Park Service (NPS) proposes to designate certain 
multi-use pathways in Grand Teton National Park as routes for bicycle 
use; NPS regulations require issuance of a special regulation to 
designate routes for bicycle use when it will be off park roads and 
outside developed areas. Several segments of multi-use pathways have 
been constructed, or are planned for construction, and are located 
parallel to and generally within about 50 feet of existing park roads. 
Moving bicycle traffic off the lanes of motor vehicle travel will 
reduce real and perceived safety hazards, which will enhance 
opportunities for non-motorized enjoyment of the park, and encourage 
the use of alternate transportation by park employees and visitors. In 
addition, the NPS is proposing revisions to its regulations regarding 
fishing and boating in certain park waters of Grand Teton National Park 
to reflect current operating practices and management objectives.

DATES: Comments must be received by December 4, 2009.

ADDRESSES: You may submit your comments, identified by Regulatory 
Information Number 1024-AD75 (RIN), by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Grand Teton National Park, P.O. Drawer 170, Moose, 
WY 83012.
    <bullet> Hand Deliver to: Superintendent's Office, Moose, Wyoming.

[[Page 51100]]

    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gary Pollock, Management Assistant, 
Grand Teton National Park, 307-739-3428 or at the address listed in the 
ADDRESSES section.

SUPPLEMENTARY INFORMATION:

Background

    Grand Teton National Park is located in northwest Wyoming, and 
encompasses approximately 310,000 acres. Located just to the south of 
Yellowstone National Park, Grand Teton is at the heart of the Greater 
Yellowstone Ecosystem, and includes the iconic mountains of the Teton 
Range, the broad valley of Jackson Hole, numerous lakes, and a 40-mile 
segment of the Snake River. The park was originally established in 
1929, but at that time included only the mountains and several of the 
lakes at their base. In 1943, Jackson Hole National Monument was 
established by presidential proclamation, including much of the valley 
to the east of the mountains. In 1950, Congress combined the 1929 park 
and the national monument into the present-day national park, ending 
the long and controversial period that led up to the park's 
establishment.
    The park supports diverse and abundant populations of wildlife, and 
is world renowned for its opportunities to view elk, moose, bison, 
pronghorn, grizzly and black bears, grey wolves, and coyotes. Other 
species, such as trumpeter swans, bald eagles, and many species of 
waterfowl and small mammals are also abundant.
    Visitors to Grand Teton National Park typically participate in 
several types of activities, including scenic touring, viewing 
wildlife, hiking, mountain climbing, fly fishing, float trips, 
bicycling, and other forms of recreation consistent with enjoyment of 
the park's resources. The park includes several major developed areas, 
five campgrounds, almost 200 miles of hiking trails, 140 miles of paved 
roads, and 70 miles of unpaved roads. Visitation to the park has 
remained relatively constant over the last decade at approximately 2.5 
million recreational visitors, mostly occurring between the months of 
May and September.
    In April 2000, Grand Teton National Park undertook a transportation 
study to provide basic information regarding transportation issues in 
the park. The study served as a foundation for the next step in the 
process, which included the development of a transportation plan that 
was initiated in September 2001. The Transportation Plan/Final 
Environmental Impact Statement (FEIS) was released in September 2006. A 
Record of Decision (ROD) selecting Alternative 3a was signed on March 
12, 2007, and a notice of the decision was published in the Federal 
Register on April 24, 2007 (72 FR 20365). A full description of the 
alternatives that were considered, the environmental impacts associated 
with the project, and public involvement can be found online at http://www.nps.gov/grte/parkmgmt/tranplan.htm.
    Although the planning effort and ROD addressed a variety of 
transportation-related issues, a major focus was on the development of 
a system of multi-use pathways to improve opportunities for non-
motorized activities within the park. Bicycling has become increasingly 
popular in the park, and many visitors and others who commented during 
the planning process expressed concerns over the risks that are present 
when bicycles and motor vehicles share the road. Commentors often noted 
that this was particularly true for families with young children or 
visitors who are not experienced bicyclists.
    Among the issues that were raised during the planning process were 
the potential effects of the pathway system on the park's wildlife. 
Although wildlife is abundant and often visible from park roads, it is 
well documented that animals respond differently to pedestrians and 
bicyclists than they do to the mere presence of motor vehicles. The 
potential for reducing the effectiveness of habitat and displacing 
wildlife from areas located near the pathways was a significant concern 
for many individuals and organizations that commented during the 
planning process. Furthermore, in light of the park's abundant 
wildlife, concerns were raised regarding the potential for surprise 
encounters between bicyclists and large animals, including grizzly 
bears.
    The ROD sets forth the park's decision for the development of an 
extended system of multi-use pathways within the park. The system will 
include 39 miles of pathways between the south park boundary and Colter 
Bay via the Teton Park Road, as well as a 3-mile segment along the 
Moose-Wilson Road between the Granite Canyon Entrance and the Laurance 
S. Rockefeller Preserve. In general, pathways will be constructed 
within 50 feet of the road, except that the 16-mile segments between 
North Jenny Lake Junction and Colter Bay and along the Moose-Wilson 
Road will be constructed in very close proximity to the roads, 
generally within the existing engineered and previously disturbed road 
corridors.
    The preferred alternative in the final plan/EIS, and subsequently 
adopted in the ROD, addressed the concerns regarding wildlife through a 
combination of research and monitoring, construction phasing, and the 
requirement that certain portions of the pathway system would be 
constructed within the existing road corridors. Specifically, the ROD 
includes a significant emphasis on wildlife research and monitoring to 
provide detailed understanding of the effects of pathway development. 
Monitoring and research activities were begun in 2007 to provide a pre-
construction baseline, and will continue through at least 2009. The 
phased approach to construction of the pathway system will allow 
information obtained from the research and monitoring program to be 
integrated into the design and operation of each subsequent pathway 
segment. Finally, for those portions of the pathway system between 
North Jenny Lake Junction and Colter Bay, and along the Moose-Wilson 
Road, the pathways will be located within the engineered corridor in 
which the existing roadways are located. Since the road corridors are 
less frequently used by wildlife than the adjacent habitat, and have 
generally clear lines of sight, the chances for surprise encounters 
between bicyclists and wildlife would be reduced to essentially the 
same level that exists on the road shoulder.
    The first phase of pathways was constructed during the summer and 
fall of 2008. These segments extend from the Dornan's inholding near 
park headquarters in Moose along the Teton Park Road to the South Jenny 
Lake area, a distance of approximately 8 miles. Additional segments may 
be constructed as funds become available.
    This proposed rule complies with 36 CFR 4.30, which requires the 
NPS to designate bicycle routes outside of developed areas through 
promulgation of a special regulation. That regulation further specifies 
that such routes may be

[[Page 51101]]

designated only upon ``* * * a written determination that such use is 
consistent with the protection of a park area's natural, scenic and 
aesthetic values, safety considerations and management objectives and 
will not disturb wildlife or park resources.'' The Superintendent has 
made such a determination and found that the designation of the pathway 
segment between Moose and South Jenny Lake as a route for bicycle use 
is consistent with the requirements of 36 CFR 4.30.
    The proposed rule would also make several changes to the special 
regulations for Grand Teton National Park to reflect current operating 
practices or changes to the park's land status. The proposed rule would 
close Phelps Lake to the operation of motor boats, consistent with all 
other backcountry lakes in the park. This change is prompted by the 
change in land status for the area surrounding the southern half of the 
lake. Prior to November 2007, these lands were a private inholding 
within the park known as the JY Ranch, owned by Laurance S. Rockefeller 
and, subsequent to his death, by his estate. The property functioned as 
a family guest ranch and retreat for the Rockefeller family since the 
1930s, where guests typically engaged in activities such as hiking, 
horseback riding, and boating on Phelps Lake. The ranch included a 
boathouse on the lakeshore where motorboats were kept during the 
summer. The park's special regulations authorized the use of motorboats 
on Phelps Lake, thereby allowing the JY Ranch to continue a use that 
had existed prior to the park's establishment. No other motorboat use 
occurred on the lake since it was inaccessible to park visitors except 
on foot or horseback.
    Before his death, Mr. Rockefeller made a decision to donate the 
property to the United States for inclusion within Grand Teton National 
Park. In accordance with Mr. Rockefeller's wishes, all buildings, 
roads, and other development were removed by his estate, and a system 
of trails to allow visitors to enjoy the area was constructed. The 
property was acquired by the United States in November 2007. The 
proposed rule would remove the now unnecessary provision to allow 
motorboat use on Phelps Lake.
    The proposed rule would remove the provision in Sec.  7.22(b) that 
allows authorized marine bait dealers, all of which are park 
concessioners, to keep certain species of fish taken from Jackson Lake 
and sell them as bait. The NPS determined that provision to be 
unnecessary and inconsistent with NPS Management Policies 2006 and the 
practice was discontinued several years ago.

Section-by-Section Analysis

Sec.  7.22(b) Fishing

    The proposed rule would eliminate the provision in paragraph (3) 
that authorizes marine bait dealers at Jackson Lake to take certain 
species of fish taken from Jackson Lake or waters that flow into 
Jackson Lake and sell those fish as bait.

Sec.  7.22(e) Vessels

    The proposed rule would eliminate the reference to Phelps Lake in 
paragraph (1), thus prohibiting the use of motorboats on that body of 
water. Motorboats would continue to be allowed on Jackson and Jenny 
lakes.

Sec.  7.22(h) Where may I ride a bicycle in Grand Teton National Park?

    The proposed rule adds a new paragraph to the special regulations 
for Grand Teton National Park, designating two segments of existing 
multi-use pathways as routes for bicycle use. The general regulations 
for bicycle use in the National Park System require that such 
designation be accomplished by the promulgation of a special 
regulation. The proposed rule would designate the segments that were 
completed in 2008.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. This is based on information contained in the report 
titled ``Cost-Benefit and Regulatory Flexibility Analyses: Proposed 
Regulations Designating Pathways for Multi-Use in Grand Teton National 
Park,'' which is available for public review at http://www.regulations.gov.
    (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 bicycles and motorboats 
within Grand Teton National Park. No grants or other forms of monetary 
supplement are involved.
    (4) This rule does not raise novel legal or policy issues. This 
rule simply implements the Servicewide bicycle regulation regarding 
bicycle routes in Grand Teton National Park.

Regulatory Flexibility Act

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

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 determination is based on information from ``Cost-Benefit and 
Regulatory Flexibility Analyses: Proposed Regulations Designating 
Pathways for Multi-Use in Grand Teton National Park'' which can be 
found at http://www.regulations.gov. This action does not involve 
additional construction, fees, or other measures that would increase 
costs to visitors, businesses, communities, or the Park. Therefore, 
this action will not impose any costs.

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

[[Page 51102]]

lands, and imposes no requirements on other agencies or governments.

Takings (E.O. 12630)

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications. A takings implication assessment 
is not required.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This proposed rule only affects use of NPS 
administered lands and waters. It has no outside effects on other 
areas.

Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Does not unduly burden the justice system;
    (b) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (c) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission under the Paperwork Reduction Act (PRA) is not required.

National Environmental Policy Act

    In accordance with the National Environmental Policy Act, the 
National Park Service prepared an Environmental Impact Statement and 
Record of Decision for the uses contemplated in the proposed rule. A 
copy of the documents can be obtained by contacting the Superintendent, 
Grand Teton National Park, P.O. Drawer 170, Moose, Wyoming 83012. The 
documents are also available online at http://www.nps.gov/grte/parkmgmt/tranplan.htm.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2:
    We have evaluated the potential effects on federally recognized 
Indian tribes and have determined that there are no potential effects. 
Representatives of the eleven tribes affiliated with Grand Teton 
National Park were consulted during the preparation of the 
Environmental Impact Statement for the project.

Clarity of Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.
    Drafting Information: The primary authors of this regulation were 
Gary Pollock, Management Assistant, Grand Teton National Park, Michael 
Tiernan, Office of the Solicitor, U.S. Department of the Interior and 
Philip A. Selleck, Chief, Regulations and Special Park Uses, National 
Park Service.

Public Participation

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR Part 7 as set forth below:

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

    1. The authority citation for Part 7 is revised to read as follows:

    Authority:  16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued 
under D.C. Code 10-137(2001) and D.C. Code 50-2201 (2001).
    2. Amend Sec.  7.22 to revise paragraphs (b)(3) and (e)(1) and add 
a new paragraph (h) to read as follows:


Sec.  7.22  Grand Teton National Park.

* * * * *
    (b) * * *
    (3) Bait: The use or possession of fish eggs or fish for bait is 
prohibited, except it shall be permissible to possess or use the 
following dead, non-game fish for bait on or along the shores of 
Jackson Lake: Redside shiner, speckled dace, longnose dace, piute 
sculpin, mottled sculpin, Utah chub, Utah sucker, bluehead sucker, and 
mountain sucker.
* * * * *
    (e) Vessels. (1) Motorboats are prohibited on all park waters 
except Jackson Lake and Jenny Lake. On Jenny Lake, motorboats are 
restricted to motors not in excess of 7\1/2\ horsepower. Additionally, 
on Jenny Lake, an authorized boating concessioner may operate 
motorboats under conditions specified by the Superintendent.
* * * * *
    (h) Where may I ride a bicycle in Grand Teton National Park? (1) 
You may ride a bicycle on park roads, in parking areas, and upon 
designated routes established within the park in accordance with Sec.  
4.30(a) of this chapter. The following routes are designated for 
bicycle use:
    (i) The paved multi-use pathway between Dornan's and the Teton Park 
Road.
    (ii) The paved multi-use pathway alongside the Teton Park Road 
between Dornan's Junction and the South Jenny Lake developed area.
    (2) The Superintendent may open or close designated bicycle routes, 
or portions thereof, for bicycle use after taking into consideration 
the location of wildlife, the amount of snow cover or other 
environmental conditions, public safety, and other factors, pursuant to 
the criteria and procedures of Sec. Sec.  1.5 and 1.7 of this chapter.

    Dated: July 20, 2009.
Will Shafroth,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-23946 Filed 10-2-09; 8:45 am]
BILLING CODE 4312-CX-P