[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Rules and Regulations]
[Pages 63069-63093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24238]
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DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-IMR-YELL-13706; PPWONRADE2, PMP00EI05.YP0000]
36 CFR Part 7
RIN 1024-AE15
Special Regulations; Areas of the National Park System;
Yellowstone National Park; Winter Use
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service is promulgating this rule to
establish a management framework that allows the public to experience
the unique winter resources and values at Yellowstone National Park.
This rule includes provisions that allow greater flexibility for
commercial tour operators, provide mechanisms to make the park cleaner
and quieter than what has been allowed during the previous four winter
seasons, reward oversnow vehicle innovations and technologies, and
allow increases in visitation. It also requires snowmobiles and
snowcoaches operating in the park to meet air and sound emission
requirements and be accompanied by a guide.
DATES: This rule is effective November 22, 2013.
FOR FURTHER INFORMATION CONTACT: Wade Vagias, Management Assistant's
Office, Headquarters Building, Yellowstone National Park, 307-344-2035.
SUPPLEMENTARY INFORMATION:
Executive Summary
This rule establishes a new and more flexible method for managing
oversnow vehicle (OSV) access to the park.
Under 36 CFR 2.18(c), the use of snowmobiles is prohibited in parks
unless a special regulation allowing such use is promulgated. In order
to allow OSV use for the upcoming and future winter seasons, a special
regulation must be in place. This rule authorizes snowmobile and
snowcoach use.
Beginning with the 2014-2015 winter season, this rule replaces the
former concept of a fixed maximum number of vehicles allowed in the
park each day with a new, more flexible concept of transportation
events. Within an allowable number of transportation events, commercial
tour operators have the opportunity to combine snowcoach and snowmobile
trips in a way that protects park resources and provides flexibility to
respond to fluctuations in visitation demand. By relying upon user
demand to determine the best mix of OSV use and focusing on the impacts
of OSV use upon park resources, the transportation event concept
strikes a common-sense balance between allowing adequate access and
protecting park resources. This rule also requires snowmobiles and
snowcoaches to meet new sound and air emissions standards established
by the National Park Service (NPS) under the authority granted by the
NPS Organic Act (16 U.S.C. 1 et seq.), which authorizes the Secretary
of the Interior to ``promote and regulate'' the use of national parks.
The new approach allows commercial tour operators to exchange
transportation event allocations within the same entrance, adjust the
proportion of snowcoaches or snowmobiles in the park each day, increase
the size of snowmobile groups to meet demand on peak days, and increase
the vehicle group size per transportation event if voluntary enhanced
emission standards are met.
Some specific key elements of the final rule include:
A transportation event equals one group of snowmobiles
(maximum group size of 10, seasonal average of 7 beginning in the 2015-
2016 season) or one snowcoach. The group size of transportation events
may increase from a seasonal average of 7 to 8 for snowmobiles and from
a maximum of 1 to 2 for snowcoaches, not to exceed a seasonal average
of 1.5 snowcoaches, if commercial tour operators use vehicles that meet
voluntary enhanced emission standards. This is intended to encourage
the adoption of improved OSV innovations and technologies.
Up to 110 total transportation events are authorized each
day. Commercial tour operators may decide whether to use their daily
allocation for snowmobiles or snowcoaches, but no more than 50
transportation events each day may be comprised of snowmobiles.
OSV use continues to be 100% guided. The rule allows up to
46 commercially guided snowmobile transportation events per day. Four
non-commercially guided snowmobile transportation events of up to 5
snowmobiles per group are also permitted daily, one from each park
entrance.
Sound and air emission requirements for new and existing
snowmobiles continue unchanged until the 2015-2016 winter season, when
the maximum allowable sound and carbon monoxide (CO) emissions are
lowered.
Sound and air emission requirements begin in the 2016-2017
winter season for existing snowcoaches, and apply to all new
snowcoaches brought into service starting in the 2014-2015 winter
season.
Background
The National Park Service (NPS) has been managing winter use in
Yellowstone National Park for several decades. A detailed history of
the winter use issue, past planning efforts, and litigation is provided
in the background section of the 2013 Final Winter Use Plan/
Supplemental Environmental Impact Statement (Plan/SEIS). The Notice of
Availability for the Plan/SEIS was published in the Federal Register on
March 15, 2013 (78 FR 16500). The Plan/SEIS is available online at
http://parkplanning.nps.gov/yell, by clicking on the link entitled
``2012/2013 Supplemental Winter Use Plan EIS,'' and then clicking on
the link entitled ``Document List.'' Additional information about the
history of winter use at Yellowstone National Park is
[[Page 63070]]
available online at http://www.nps.gov/yell/planyourvisit/winteruse.htm.
The park has most recently operated under an interim winter use
rule that was originally in effect for the 2009-2010 and 2010-2011
winter seasons. The interim rule allowed up to 318 commercially guided
snowmobiles and 78 commercially guided snowcoaches in the park per day.
Due to a number of factors, the NPS extended the interim rule twice,
through the 2011-2012 and 2012-2013 winter seasons, while a Winter Use
Plan/Final Environmental Impact Statement (EIS) and the Plan/SEIS were
completed to determine a long-term management strategy for winter use
in Yellowstone National Park.
Implementing this long-term winter use rule creates a stable
regulatory environment for snowmobile and snowcoach commercial tour
operators, many of which are small businesses in the communities
surrounding the park. This long-term rule allows these businesses to
make prudent decisions and capital investments, such as investing in
new and cleaner-running vehicles for their fleets, offering employment
to area residents, preparing advertising and marketing materials, and
purchasing equipment and accessories such as snowmobile suits, helmets,
and boots. This long-term rule also provides certainty to visitors,
allowing them to make advance plans to visit the park, and ensures that
park resources are protected.
Final Plan/SEIS and the Preferred Alternative
The Plan/SEIS analyzed the issues and environmental impacts of four
alternatives for the management of winter use in the park. Major issues
analyzed in the Plan/SEIS include social and economic issues, human
health and safety, wildlife, air quality, natural soundscapes, visitor
use and experience, and park operations. Impacts associated with each
of the alternatives are detailed in the Plan/SEIS, which is available
online at http://parkplanning.nps.gov/yell, by clicking on the link
entitled ``2012/2013 Supplemental Winter Use Plan EIS'' and then
clicking on the link entitled ``Document List.''
Alternative 1, the no-action alternative, would prohibit public OSV
use in Yellowstone but would allow for approved non-motorized use to
continue. Alternative 1 has been identified as the environmentally
preferable alternative. Alternative 2 would manage OSV use at the same
levels as the interim rule (318 commercially guided snowmobiles and 78
snowcoaches per day). Alternative 3 would initially allow for the same
level of use as Alternative 2 (318 commercially guided snowmobiles and
78 snowcoaches per day) but would transition to allowing only
snowcoaches over a 3-year period beginning in the 2017-2018 winter
season. Upon completing the transition, there would be zero snowmobiles
and up to 120 snowcoaches per day in the park. The Plan/SEIS also
describes several other alternatives that were considered but
eliminated from further study.
The Plan/SEIS identified Alternative 4 as the preferred
alternative. The NPS Intermountain Regional Director signed a Record of
Decision on August 21, 2013 and an amended Record of Decision on
September 27, 2013 identifying Alternative 4 as the Selected
Alternative, which this rule implements. Alternative 4 provides for
motorized winter use while protecting park resources. Traveling through
the park on snowmobiles and snowcoaches allows visitors to experience
and access the park's unique and stunning winter landscape and access
areas that cannot be reached using non-motorized means of
transportation. The NPS believes that, through proper management,
motorized winter use is an appropriate activity in the park.
The Selected Alternative:
Manages OSV use by transportation events, prescribes air
and sound emission requirements, and continues the 100% guiding
requirement to help ensure that the purpose and need for the Plan/SEIS
are met. This allows for increases in visitation while making the park
cleaner and quieter than what has been allowed under the interim rule,
as well as reducing disturbances to wildlife.
Requires snowmobiles and snowcoaches to meet new air and
sound emission requirements and encourages commercial tour operators to
meet voluntary enhanced emission standards by adopting improved vehicle
innovations and technologies.
Contains market-based elements that give commercial tour
operators greater flexibility to respond to fluctuations in visitation
demand during the winter season. The Selected Alternative allows
commercial tour operators to exchange transportation event allocations
within the same entrance, adjust the proportion of snowcoaches or
snowmobiles in the park each day (a transportation event could be used
for either snowmobiles or snowcoaches, but no more than 50
transportation events each day could come from snowmobiles), increase
the size of snowmobile groups on peak days, and increase the size of
transportation events if voluntary enhanced emission standards are met.
Demonstrates the NPS commitment to monitor winter use and
to use the results to adjust the winter use OSV management program. The
results of past monitoring, including data regarding air quality,
wildlife, soundscapes, and health and safety, were used in formulating
the alternatives in the Plan/SEIS.
Applies the lessons of the last several winters, which
demonstrate, among other things, that requiring all snowmobile and
snowcoach trips to be guided reduces accidents, law enforcement
incidents, and disruption to wildlife, and offers the best opportunity
for achieving the goals of protecting park resources and allowing
balanced use of the park.
Summary of the Final Rule
Snowmobile and snowcoach use in Yellowstone National Park is
referred to as oversnow vehicle or OSV use. The final rule is similar
in many respects to plans and rules that have been in effect for the
last eight winter seasons. Thus, many of the regulations regarding
operating conditions, designated routes, and restricted hours of
operation are similar to regulations enforced by the NPS for nearly a
decade.
One notable difference is that the final rule manages OSV use by
transportation events instead of placing fixed limits on the number of
OSVs allowed in the park on each day of the winter season. Managing OSV
use by transportation events gives snowcoach and snowmobile commercial
tour operators greater flexibility, allows for higher numbers of
visitors, and is designed to make the park cleaner and quieter than
what has been allowed during the previous four winter seasons. Under
the final rule, up to 110 transportation events are allowed in the park
on any day during the winter season. A transportation event equals one
group of snowmobiles (maximum group size of 10, seasonal average of 7
beginning in the 2015-2016 season) or one snowcoach. The group size of
transportation events may increase from a seasonal average of 7 to 8
for snowmobiles and from a maximum of 1 to 2 for snowcoaches, not to
exceed a seasonal average of 1.5 snowcoaches, if commercial tour
operators use vehicles that meet voluntary enhanced emission standards.
Commercial tour operators may decide whether to use their allocation of
transportation events for snowmobiles or snowcoaches, but no more than
50 transportation events may consist of snowmobiles on any day.
[[Page 63071]]
The final rule also changes air and sound emission requirements for
OSVs, to reduce impacts on park resources and help ensure that the
impacts from snowmobile and snowcoach transportation events are
comparable. Managing OSV use by transportation events represents a
shift from an approach focused on the absolute number of vehicles
allowed in the park to an approach focused on the impacts of those
vehicles upon park resources. The NPS believes this will:
Result in a cleaner and quieter park than what has been
authorized under the previous four winter seasons, enhance visitor
experience, and permit growth in the number of visitors able to
experience the park;
Give commercial tour operators greater flexibility;
Reward OSV innovations, adoption of new technologies, and
commitment to lowering impacts from OSVs;
Create more extended periods of limited or no OSV-related
impacts; and
Potentially result in an increase in vehicles and visitors
without increasing impacts on the park.
Another notable difference in the final rule concerns guiding
requirements for snowmobiles. Although the final rule maintains the
existing requirement that all snowmobile trips be guided, it reserves
four snowmobile transportation events each day for groups of non-
commercially guided snowmobiles. All snowmobile operators taking part
in a non-commercially guided trip must comply with requirements under a
Non-commercially Guided Snowmobile Access Program to be developed by
the NPS before the start of the 2014-2015 winter season.
Phased Transition To New Management Paradigm
The new management paradigm under the final rule will be phased in
over four winter seasons to provide the park and commercial tour
operators sufficient time to adjust to the new emission requirements
and the management of OSVs by transportation events.
Phase I (2013-2014 Season)
A one-season transition period to prepare for the implementation of
the new winter use plan will be in place for the 2013-2014 winter
season to allow time for the NPS to award concession contracts and for
commercial tour operators to prepare for the shift to management by
transportation events. During this transition period, provisions of the
2012-2013 interim plan will be extended, allowing up to 318 snowmobiles
and 78 snowcoaches per day for the first year of the new plan only.
Phase II (2014-2015 and 2015-2016 Seasons)
Starting in the 2014-2015 winter season, the park will manage OSV
use by transportation events instead of vehicle limits. Sound and air
emission requirements will apply to all new snowcoaches brought into
service starting in the 2014-2015 winter season. Commercial tour
operators who are allocated snowmobile transportation events will be
able to use their allocated transportation events for snowmobiles,
snowcoaches, or a mix of both, as long as no more than 50 total
transportation events come from snowmobiles on a given day. During the
2014-2015 and 2015-2016 winter seasons, in order to use a snowcoach in
lieu of a snowmobile transportation event, the snowcoach will need to
meet the air and sound emission requirements that apply to all
snowcoaches beginning in the 2016-2017 season.
The average size of commercially guided snowmobile transportation
events for the 2014-2015 winter season may not exceed 7 snowmobiles,
averaged daily (i.e., a maximum of no more than 322 commercially guided
snowmobiles in the park per day, and an additional 4 non-commercially
guided transportation events per day not to exceed 5 snowmobiles each,
for a total of no more than 342 snowmobiles). This limit will apply to
any snowmobile transportation event that includes a snowmobile that
does not meet the new air or sound emission requirements that will
apply to all snowmobiles beginning in the 2015-2016 season. Commercial
tour operators will be allowed to have up to 10 snowmobiles per single
event, provided the average daily event size is 7 or less. For example,
a commercial tour operator that is allocated 3 snowmobile
transportation events per day could meet the daily average requirement
through a combination of 3 snowmobile transportation events of 7
snowmobiles each, or 2 snowmobile transportation events of 8
snowmobiles each and 1 transportation event of 5 snowmobiles.
However, if commercial tour operators voluntarily upgrade their
snowmobile fleets to meet the new air and sound emission standards (New
Best Available Technology) during the 2014-2015 winter season (before
these limits become mandatory in the 2015-2016 season), their group
sizes will be more flexible. For commercial snowmobile tour operators
who upgrade at least 10 snowmobiles in their fleets to the New Best
Available Technology standards for snowmobiles, vehicle numbers will be
averaged seasonally for transportation events that consist entirely of
the upgraded snowmobiles. This allows commercial tour operators to have
events with a maximum of 10 New Best Available Technology snowmobiles
each, provided their seasonal transportation event size averages 7 or
less. For example, a commercial tour operator that is allocated 3
snowmobile transportation events per day may have 3 groups of up to 10
snowmobiles each in a single day, provided there are smaller groups on
other days during the winter season that bring the seasonal average
group size to 7 or less. This incentive encourages voluntary early
adoption of improved vehicle technologies that meet the New Best
Available Technology emission requirements, and helps ensure that
impacts to park resources during the 2014-2015 winter season are
minimized.
Starting in the 2015-2016 winter season, all snowmobiles operating
in the park must meet the new air and sound emission requirements. This
is one season before air and sound emission requirements apply to all
existing snowcoaches. This staggered implementation schedule recognizes
the higher capital cost of investing in snowcoach engines and exhaust
equipment and the fact that commercial tour operators replace
snowmobile fleets more frequently than snowcoach fleets. In the
proposed rule, the NPS requested comments on this accelerated
implementation schedule. After considering public comments, the NPS
believes that this accelerated implementation schedule is reasonably
achievable given existing and demonstrated OSV technology. The NPS
notes that the technology to meet the new air and sound emission
standards for snowcoaches is currently available in the commercial
marketplace, that at least 17 of the 78 snowcoaches in the commercial
fleet already meet the new sound emission requirement and as many as 18
of the 78 snowcoaches in the commercial fleet already meet the new air
emission requirement. For snowmobiles, one manufacturer has already
certified to the NPS that it produces a model that meets the new air
and sound emission requirements that will be mandatory beginning in the
2015-2016 season: The Bombardier Ski Doo GSX LE 900 ACE produces 90 g/
kW-hr of CO, 8 g/kW-hr of HC (both FEL), and 69 dB(A) as measured via
SAE J192 (forecasted to produce ~67 dB(A) as measured via SAE J1161).
The NPS also notes that 36 different
[[Page 63072]]
snowmobile models already meet the new air emission standards that will
be mandatory beginning in the 2015-2016 season.
Phase III (2016-2017 Season and Beyond)
Starting with the 2016-2017 winter season, the final rule
implements all elements of the new management paradigm, including a
requirement that all OSVs, including vehicles that had been operating
in the park during prior seasons, meet the new air and sound emission
requirements or be removed from service in the park.
Voluntary Enhanced Best Available Technology Upgrade
In addition to the above opportunities and requirements, the final
rule offers commercial tour operators an opportunity to voluntarily
upgrade their fleets further and receive an additional OSV per
transportation event. As of December 15, 2014, commercial tour
operators may voluntarily upgrade their fleets to meet enhanced air and
sound emission standards that are more stringent than the new mandatory
air and sound emission requirements described below. If these voluntary
enhanced standards are met, the size of a transportation event for that
commercial tour operator may increase from a seasonal average of 7 to 8
snowmobiles per event and from 1 to 2 snowcoaches per event, not to
exceed a seasonal average of 1.5 snowcoaches per event.
Monitoring Will Continue
As part of the NPS's Adaptive Management Program for winter use,
monitoring of winter visitor use and park resources continues under
this rule. The NPS may take adaptive management actions, including the
closure of selected areas of the park or sections of roads, if
monitoring indicates that human presence or activities have a
substantial effect on wildlife or other park resources that cannot be
mitigated. A list of adaptive management actions that may be taken by
the NPS is provided in Appendix D to the Plan/SEIS. The NPS will
provide public notice under one or more of the methods listed in 36 CFR
1.7 before any closure is implemented. The Superintendent retains the
authority under this rule or 36 CFR 1.5 to take emergency actions to
protect park resources or values.
Air Emission Requirements
Snowmobiles
The final rule retains the requirement from previous winter use
plans that all snowmobiles operated by guides and park visitors comply
with air emission standards. While the past seven years of monitoring
has shown that air quality has improved following implementation of air
emissions standards for snowmobiles, the NPS believes that
implementation of new air emission standards for snowmobiles and
snowcoaches will further improve air quality in the world's first
national park (a designated Class I area under the Clean Air Act), and
will help ensure that a snowmobile transportation event and a snowcoach
transportation event have comparable impacts to air quality. The NPS
believes that snowmobile and snowcoach commercial tour operators can
meet the air emission requirements in the final rule through the
typical turnover of their fleets,\1\ and that the technology to meet
the new air emission standards for both types of OSVs is currently
available in the commercial marketplace.
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\1\ According to existing commercial tour operators, snowmobiles
are replaced every two to three years and the lifespan of a
converted snowcoach is ten years.
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Air and sound emission requirements for snowmobiles and snowcoaches
in Yellowstone National Park are park entrance requirements. The
restrictions on air and sound emissions in this rule are not
restrictions on what manufacturers may produce, but instead are end-use
restrictions on which commercially produced snowmobiles and snowcoaches
may be used in the park. The NPS Organic Act (16 U.S.C. 1) authorizes
the Secretary of the Interior to ``promote and regulate'' the use of
national parks ``by such means and measures as conform to the
fundamental purpose of said parks . . . which purpose is to conserve
the scenery and the natural and historic objects and the wild life
therein and to provide for the enjoyment of the same in such manner and
by such means as will leave them unimpaired for the enjoyment of future
generations.'' Further, the Secretary is expressly authorized by 16
U.S.C. 3 to ``make and publish such rules and regulations as he may
deem necessary or proper for the use and management of the parks.''
These requirements are not to be confused with Environmental Protection
Agency (EPA) emission standards for these vehicles. The exercise of the
NPS Organic Act authority is not an effort by NPS to regulate
manufacturers and is consistent with Section 310 of the Clean Air Act
(42 U.S.C. 7610).
During the late 1990s, when an average of 795 snowmobiles entered
the park each day, elevated levels of carbon monoxide (CO), particulate
matter (PM), and hydrocarbons (HC) were detected. To mitigate these
emissions, the NPS implemented snowmobile air emission requirements
beginning in 2004 that called for emission levels no greater than 120
grams per kilowatt hour (g/kW-hr) of CO and 15 g/kW-hr for HC. There
are no emission requirements for PM because monitoring over the past
several winter seasons has indicated that PM levels are extremely low
and therefore not concerning at this time. The final rule maintains the
existing air emission requirements through the 2014-2015 season, and
then lowers the emission standard for CO to 90 g/kW-hr beginning with
the 2015-2016 season. The requirements in place since December 2004
have significantly reduced CO, PM, and HC emissions. As compared to EPA
baseline emissions assumptions for conventional two-stroke snowmobiles,
the NPS air emission requirements have achieved a 70% reduction in CO
and a 90% reduction in HC. Daily use limits and guiding (which helps
assure use of NPS-certified snowmobiles and keeps idling to a minimum)
have also improved air quality in the park.
All new snowmobiles manufactured for sale in the United States must
be certified to EPA's emission standards. The NPS encourages each
snowmobile manufacturer to demonstrate that its snowmobiles will meet
the NPS air emission requirements by submitting to the NPS a copy of
its EPA application (which includes the engine's Family Emissions
Limits, i.e., the emission levels a given snowmobile is certified as
meeting) used to demonstrate compliance with EPA's snowmobile emission
regulation at the same time it submits the application to EPA. The NPS
will accept the application and information from a manufacturer, while
review and certification by EPA is pending, in support of the NPS
conditionally certifying a snowmobile as meeting the NPS's emission
requirements. Should EPA certify the snowmobile at emissions levels
that do not meet the NPS requirements, this snowmobile model will no
longer be considered NPS-compliant and its use in the park will be
prohibited. If the NPS does not receive a request for conditional
certification, the NPS will rely on the emission levels determined and
certified by EPA to determine if an NPS certification is warranted.
Snowmobiles that have been modified from the manufactured design
may increase emissions of HC and CO to greater than the emission
restrictions, and therefore may not enter the park. It is the
responsibility of the commercial
[[Page 63073]]
tour operator and guide to ensure that a snowmobile complies with all
applicable restrictions. Any snowmobile may be subject to periodic and
unannounced inspections to measure tailpipe air emissions. To the
extent possible, the NPS will conduct snowmobile inspections when it is
mutually convenient for the operator and the NPS.
Snowmobiles operating on the Cave Falls Road, which extends
approximately one mile into the park from the adjacent Caribou-Targhee
National Forest, continue to be exempt from the air-emission
requirements. The Cave Falls Road does not connect to other park roads
and snowmobile use on this road is independent of the other oversnow
routes in the park.
Snowcoaches
Under concessions contracts issued in 2003, 78 snowcoaches are
currently authorized to operate in the park. Approximately 21 of these
snowcoaches, known in the park as ``historic snowcoaches,'' were
manufactured by Bombardier before 1983 and designed specifically for
oversnow travel. These historic snowcoaches, and several late-model
snowcoaches also designed specifically for oversnow travel, are
considered purpose-built snowcoaches. All other snowcoaches are
passenger vans, sport utility vehicles, or light- or medium-duty buses
that have been converted for oversnow travel using tracks or skis. The
conditions and requirements applicable to snowcoaches under the final
rule apply to both purpose-built snowcoaches and snowcoaches converted
from other types of vehicles.
In 2004, EPA began phasing in new and cleaner emissions standards
for light-duty vehicles, light-duty trucks, and medium-duty passenger
vehicles, and in 2008 for heavy duty spark and compression ignition
vehicles (the vehicle classes most converted snowcoaches meet). These
standards are called Tier 2 (for lighter-duty vehicles) or ``engine
configuration certified'' (for heavier duty, diesel vehicles).
Implementation of these standards was completed in 2010 (65 FR 6698,
February 10, 2000).
The final rule requires that diesel-fueled snowcoaches with a gross
vehicle weight rating (GVWR) less than 8,500 pounds meet the functional
equivalent of 2010 (or newer) EPA Tier 2 Model Year engine and emission
control technology requirements. This includes items such as engine
control module (ECM) computers, onboard diagnostics systems (OBDs),
sensors, and exhaust aftertreatment equipment that is standard original
equipment manufacturer (OEM) equipment included with on-road vehicles
or engines. Diesel-powered snowcoaches must also be equipped with
applicable ceramic particulate filters and afterburners.
A diesel-fueled snowcoach with a GVWR of 8,500 pounds or more must
comply with EPA model year 2010 ``engine configuration certified''
diesel air emission standards. However, if the diesel snowcoach has a
GVWR between 8,500 and 10,000 pounds, there may be a configuration that
meets the functional equivalent of 2010 (or newer) EPA Tier 2 Model
Year technology standards for an on-road vehicle that achieves the best
results from an emissions perspective. This particular type of
configuration requires review and approval by the NPS.
The final rule requires that all gasoline-fueled snowcoaches
greater than or equal to 10,000 GVWR meet the functional equivalent of
2008 (or newer) EPA Tier 2 Model Year engine emission control
technology requirements. This includes items such as ECM computers,
OBDs, sensors, and exhaust aftertreatment equipment that is standard
OEM equipment included with on-road vehicles or engines. The final rule
requires that all gasoline-fueled snowcoaches less than 10,000 GVWR
meet the functional equivalent of 2007 (or newer) EPA Tier 2 Model Year
engine emission control technology requirements.
The NPS recognizes that some existing snowcoaches will likely need
to be replaced or retrofitted with new engines and emissions equipment
to comply with these air emission requirements. The NPS believes that
this can be accomplished through the typical turnover of snowcoach
fleets. As a result, these requirements apply to all existing
snowcoaches beginning in the 2016-2017 winter season, and to new
snowcoaches put into service beginning in the 2014-2015 winter season.
During Phase II of implementation (2014-2015 and 2015-2016 seasons), in
order to use a snowcoach in lieu of a snowmobile transportation event,
the snowcoach will need to meet the air and sound emission requirements
that apply to all snowcoaches beginning in the 2016-2017 season. The
NPS notes that the technology to meet the new air emission standards
for snowcoaches is currently available in the commercial marketplace
and is based upon the EPA's Tier 2 emission standard, and at least 18
of the 78 snowcoaches in the commercial fleet already meet the new air
emission requirement.
To ensure compliance with EPA air emission standards, all emission-
related exhaust components must be installed and functioning properly.
Malfunctioning emissions-related components must be replaced with the
OEM components where possible. If new or functional used OEM parts are
not available, aftermarket parts may be used. Catalysts that have
exceeded their useful life must be replaced unless the commercial tour
operator can demonstrate that the catalyst is functioning properly.
Operating a snowcoach that has its original pollution control equipment
modified or disabled is prohibited.
A snowcoach may be subject to periodic and unannounced inspections
to determine compliance with emission requirements. To the extent
possible, the NPS will conduct snowcoach inspections when it is
mutually convenient for the commercial tour operator and the NPS. This
could include off-hours, on days when the snowcoach is not being used
to support commercial tour operations, or during the snowcoach `testing
days' held annually in the park prior to the first day of the winter
season.
The University of Denver (in 2005 and 2006) and North Carolina
State University (in 2012) collected emissions data from various
snowcoaches. Results indicated that snowcoaches could be modernized to
reduce CO and HC emissions. These studies found that in general, newer
snowcoaches are cleaner than older models and have emission controls
that reduce tailpipe pollutants. By implementing air emission
requirements for snowcoaches that call for newer engine and emission
controls, the NPS expects continued improvements in the park's air
quality.
Sound Emission Requirements
Snowmobiles
Through March 15, 2015, sound restrictions continue to require a
snowmobile to operate at or below 73 decibels while at full throttle,
as measured using the A scale (dB(A)) according to the 1985 version of
the Society of Automotive Engineers (SAE) J192 test procedures.
Beginning with the 2015-2016 winter season, the maximum decibel level
allowed for snowmobiles is reduced to 67 dB(A) according to the
applicable (as of November 1, 2013) version of SAE J1161 test
procedures. The SAE J1161 test procedures allow for a tolerance of 2
dB(A) over the sound level limit to provide for variations in test
sites, temperature gradients, wind velocity gradients, test equipment,
and inherent differences in nominally
[[Page 63074]]
identical vehicles. To operate in the park after March 15, 2015, a
population of measurements for a snowmobile model may not exceed a mean
output of 67 dB(A), and a single measurement may not exceed 69 dB(A),
using the J1161 test procedures.
The SAE J1161 test procedures measure the sound output of
snowmobiles at cruising speed. In contrast, the SAE J192 test
procedures are designed to measure the maximum sound output of a
snowmobile. The NPS has decided to switch to the J1161 test procedures
for several reasons. The J1161 test procedures are more representative
of actual operating conditions in the park, where operating snowmobiles
at full throttle (as measured by the J192 test procedures) is a rare
event. Compliance with the J1161 test procedures is also easier to
monitor because park personnel will be able to spot-check the sound
output of snowmobiles as they travel through the park at cruising
speed. Also, using the J1161 test procedures for snowmobiles makes it
easier for the park to accurately compare the sound output of
snowmobiles with the sound output of snowcoaches, which will also be
measured using the J1161 test procedures.
Because the current NPS sound emission requirements were
established using a slightly modified version of the 1985 J192 test
procedures (as a result of information provided by industry and
modeling), the NPS will initially continue to use the 1985 test
procedures to demonstrate compliance with the existing sound emission
requirement of 73 dB(A). The NPS will transition to the SAE J1161 test
procedures for all snowmobiles seeking to demonstrate compliance with
the new sound emission requirement of 67 dB(A). As a result, in the
2014-2015 winter season, the mean dB(A) output of a snowmobile must not
exceed 67 dB(A) using the J1161 test procedures to demonstrate
voluntary early compliance with the new sound emission requirements,
but a snowmobile may still operate in the park if its mean dB(A) output
does not exceed 73 dB(A) using the J192 test procedures. After March
15, 2015, all snowmobiles operating in the park must not exceed 67
dB(A) using the J1161 test procedures.
The SAE J1161 test procedures are modified from the current 15 mph
steady throttle (cruising speed) to the typical cruising speed of
snowmobiles in Yellowstone (approximately 35 mph), consistent with OSV
noise emissions tests conducted by the John A. Volpe National
Transportation Systems Center, U.S. Department of Transportation, in
2008 and 2009.
To provide certainty to the commercial tour operators and the park,
the NPS identifies the version of the SAE J1161 test procedures in
place on November 1, 2013 as the version that applies beginning in the
2015-2016 season. This gives the NPS and industry sufficient time to
test snowmobiles that are in development and production well ahead of
the 2015-2016 winter season. This rule allows the Superintendent to
periodically update testing procedures based upon new information or
updates to SAE J1161 standards and procedures. To provide certainty to
commercial tour operators, the Superintendent may not require
certification under a substantially updated version of J1161 test
procedures that is adopted by SAE less than two years prior to the
start of any winter season.
In past rules, the NPS has allowed an exception to the barometric
pressure requirements of the SAE J192 procedures to determine if a
snowmobile meets sound emission requirements. With the adoption of SAE
J1161 test procedures for snowmobiles seeking to meet the new sound
emission requirements, the NPS believes it will be an appropriate time
to bring all aspects of testing into conformance with the SAE J1161
procedures.
Accordingly, for the first two winters of implementation of this
rule (2013-2014 and 2014-2015), snowmobiles that do not voluntarily
meet the new sound emission requirements may be tested at any
barometric pressure equal to or above 23.4 inches Hg uncorrected (as
measured at or near the test site). This continues the exception to the
1985 SAE J192 test procedures, which require barometric pressure
between 27.5 and 30.5 inches Hg. This exception maintains consistency
with the testing conditions previously used to determine compliance
with the sound emissions requirement. The reduced barometric pressure
allowance was necessary since snowmobiles were tested at the high
elevation of the park, where atmospheric pressure is lower than the SAE
J192 requirements. Testing data indicate that snowmobiles test quieter
at higher elevations, and therefore may be able to pass this test at
higher elevations but fail when tests are conducted near sea level. In
order to demonstrate compliance with the new sound emission standard of
67dB(A), which is voluntary prior to December 15, 2015, but mandatory
thereafter, snowmobiles must comply with the requirements of the
applicable (as of November 1, 2013) SAE J1161 test procedures with no
barometric pressure (high altitude) exception. The SAE J1161 test
procedures require barometric pressure between 27.5 and 30.5 inches Hg.
For sound emissions, snowmobile manufacturers may submit their
existing Snowmobile Safety and Certification Committee (SSCC) sound
level certification form. Under the SSCC machine safety standards
program, snowmobile models are certified by an independent testing
company as complying with all SSCC safety standards, including sound
standards. In order to certify a snowmobile model for use in
Yellowstone National Park, the SSCC form must certify that a population
of measurements for that model does not exceed the maximum mean dB(A)
values required by the final rule. The final rule does not require the
SSCC form specifically, as there could be other acceptable
documentation in the future. The NPS intends to work cooperatively with
the snowmobile manufacturers on appropriate documentation. Other
certification methods could be approved by the NPS on a case-by-case
basis.
Because modifications made to an individual snowmobile may increase
sound emissions beyond the emission restrictions, individual
snowmobiles that have been modified will be denied entry to the park.
It is the responsibility of the commercial tour operator and guide to
ensure that a snowmobile complies with all applicable restrictions.
Snowmobiles being operated on the Cave Falls Road continue to be
exempt from the sound emission requirements.
Snowcoaches
As of December 15, 2016, the final rule requires that the mean
dB(A) output of snowcoaches in Yellowstone National Park not exceed 75
dB(A) when measured by operating the snowcoach at 25 mph, or its
maximum cruising speed if less than 25 mph, for the test cycle
following the SAE J1161 test procedures. Since there are no testing
standards specific to the snowcoach industry, snowcoach measurements
for sound are based on emissions testing conducted using SAE J1161 test
procedures.
The NPS believes that commercial tour operators can meet the
updated snowmobile and new snowcoach sound emission requirements in the
final rule through the typical turnover of their fleets, as opposed to
prematurely removing vehicles from service. The NPS notes that the
technology to meet the new sound emission standards for snowcoaches is
currently available in the commercial marketplace and that at least 17
of the 78 snowcoaches in the
[[Page 63075]]
commercial fleet already meet the new sound emission requirement.
NPS Will Continue To Certify Snowmobiles and Snowcoaches
An NPS-certified OSV is a vehicle that has been approved by the NPS
for use in Yellowstone National Park after demonstrating that it meets
the air and sound emission requirements in this final rule. The
Superintendent will maintain and annually publish a list of approved
snowmobiles by make, model, and year of manufacture that meet the NPS
requirements. For the winter of 2012-2013, the NPS certified 77
different snowmobile models (from model years 2008-2013 and from
various manufacturers) as meeting the requirements. When certifying a
new snowmobile as meeting NPS requirements, the NPS will also publish
how long the certification applies, which will be six consecutive
winter seasons following its manufacture or until the snowmobile
travels 6,000 miles, whichever occurs later. Based on NPS experience,
six years or 6,000 miles represents the typical useful life of a
snowmobile, and thus provides a purchaser with a reasonable length of
time when operation may be allowed within the park.
The NPS will also maintain a list of approved snowcoaches that meet
the air and sound emissions requirements. The NPS will test and certify
snowcoaches for compliance with air and sound emission requirements at
locations in the park. Once approved, a snowcoach may operate in the
park through the winter season that begins no more than 10 years
following its engine manufacture date. To continue to operate in the
park during future winter seasons, a snowcoach must be retrofitted with
a new engine and emissions equipment to meet existing EPA Tier 2 engine
and emission requirements, and re-certified for air and sound
emissions. The 10-year clause provides a mechanism to ensure that the
least polluting snowcoaches are used in the park and reflects the
concept that over time, the efficiency of engines and exhaust emission
control systems degrades due to wear and tear. In consultations with
the EPA, it was determined that after 10 years of use, snowcoach
engines would emit more pollution than when they first entered service,
such that they should be replaced. For example, a snowcoach with a
model year 2010 engine could operate through the 2020-2021 winter
season and will cease to be allowed to operate in the park as of March
15, 2021, if it is not retrofitted with a new engine and emission
equipment and re-tested. A snowcoach with a model year 2007 engine
could operate through the 2017-2018 winter season and will cease to be
allowed to operate in the park as of March 15, 2018, if it is not
retrofitted with a new engine and emission equipment and re-tested. A
snowcoach with a model year 2005 or earlier engine manufacture date
will need to be retrofitted with upgraded engine and emissions control
equipment prior to the start of the 2016-2017 winter season. Because of
the large investment in individual snowcoaches, the NPS believes that a
10-year certification period is appropriate.
In the future, the Superintendent may establish performance-based
emission standards for snowcoaches that would enable compliant
snowcoaches to be operated in the park after the expiration of the 10-
year certification period. The Superintendent will provide public
notice under one or more of the methods listed in 36 CFR 1.7 before any
performance-based emission standard is implemented for snowcoaches.
Once the new air and sound emission requirements apply, all
snowmobiles and snowcoaches are required to meet them in order to enter
the park. This includes snowmobiles that meet current air and sound
emission requirements but do not meet the new requirements, even if
they were certified for periods that extend beyond the 2015-2016
season.
Use of Guides Is Required
To mitigate impacts to wildlife, air quality, natural soundscapes,
and visitor and employee safety, the NPS continues to require that all
OSVs operated by park visitors be accompanied by a guide, except for
those operating on the segment of the Cave Falls Road that extends one
mile into the park from the adjacent national forest. The NPS continues
to prohibit unguided snowmobile access.
Since the winter of 2004-2005, all snowmobiles and snowcoaches have
been led or operated by commercial guides. Commercial guides are
employed by commercial tour operators, not by the NPS. Guides have
proven effective at keeping groups under speed limits, staying on the
groomed road surfaces, reducing conflicts with wildlife, and ensuring
other behaviors that are appropriate for visitors to safely and
responsibly visit the park. Since implementation of the 100% guiding
requirement in December 2004, Yellowstone has observed a pronounced
reduction in the number of accidents and law enforcement incidents
associated with the use of OSVs, even when accounting for the reduced
number of snowmobilers relative to pre-guided use levels.
Non-Commercial Guides Are Allowed
In a change from the provisions that have governed OSV use since
December 2004, the final rule allows 4 snowmobile transportation events
per day of not more than 5 snowmobiles each (including the non-
commercial guide) to be led through the park by a non-commercial guide.
Each entrance is allocated 1 non-commercially guided transportation
event per day.
Non-commercial guides and the snowmobile operators taking part in
non-commercially guided transportation events are required to comply
with certification requirements under a Non-commercially Guided
Snowmobile Access Program to be developed and implemented by the NPS.
The certification process will emphasize park rules and regulations,
park values and environmental education, required documentation (i.e.,
documentation of course completion, a special use permit, valid motor
vehicle driver's license, and snowmobile registration and insurance),
safety and proper procedures when encountering wildlife and other
visitors, safety and emergency protocol, accident causes and mitigation
techniques, road conditions, snowmobile operations, and mechanical
repair. Educational components of the program will be reinforced during
an onsite orientation session on the day of the trip.
To participate in this program, non-commercial guides must obtain
and possess a special use permit authorizing a non-commercial
snowmobile transportation event. These permits will be issued through
the Non-commercially Guided Snowmobile Access Program, which will allow
non-commercially guided groups to enter the park for a specific date
range. The maximum length of a non-commercially guided snowmobile trip
is three days and two nights. These permits will be awarded through an
annual lottery system. Persons interested in becoming a non-commercial
guide will be required to join the lottery by submitting basic
information on recreation.gov (name, email, mailing address).
Successful lottery applicants will be notified by email that they are
pre-approved for a special use permit. Successful lottery applicants
will then complete the special use permit application that requires
additional information (e.g. driver's license numbers, names of group
participants, number and type of snowmobiles, insurance information,
area or route of trip). In order to enter the park, non-commercial
guides must demonstrate to
[[Page 63076]]
park officials at the gate that the necessary paperwork is complete and
that they and their group members have complied with all other
requirements of the Non-commercially Guided Snowmobile Access Program,
including educational components. To the extent practicable, the NPS
intends to recover the costs of administering this special use permit
program pursuant to 16 U.S.C. 3a.
Non-commercial snowmobile guides are directly responsible for the
actions of their group. Each non-commercial guide may lead no more than
two trips per winter season, and must be at least 18 years of age by
the first day of the trip. Non-commercial guides must have working
knowledge of snowmobile safety, general first aid, snowmobile repair,
and navigational techniques. It is preferable that the non-commercial
guide, or another member of the trip, be familiar with Yellowstone
National Park. Non-commercial snowmobile guides may not advertise their
``service'' or accept a fee or any type of compensation for organizing
or leading a trip. Collecting a fee (monetary compensation) or
compensation of any kind payable to an individual, group, or
organization for conducting, leading, or guiding a non-commercially
guided snowmobile trip is prohibited (see 36 CFR 5.3). Violating the
compensation or advertising restriction may result in administrative
revocation of a non-commercial guiding permit or privilege.
These requirements ensure that the Non-commercially Guided
Snowmobile Access Program results in impacts to park resources and
management that are comparable to those resulting from the use of
commercial guides.
Further details about the Non-commercially Guided Snowmobile Access
Program can be found in Appendix C to the Plan/SEIS, available online
at http://parkplanning.nps.gov/yell, by clicking on the link entitled
``2012/2013 Supplemental Winter Use Plan EIS,'' and then clicking on
the link entitled ``Document List.'' Consistent with adaptive
management principles, the Superintendent may adjust or terminate this
program based upon impacts to park resources, utilization rates,
visitor experiences, or other factors after providing notice in
accordance with one or more methods listed in 36 CFR 1.7.
For both commercially and non-commercially guided groups, an
individual snowmobile may not be operated separately from a group
within the park. Except in emergency situations, guided parties must
travel together and all snowmobiles must remain within one-third of a
mile of the first snowmobile in the transportation event. This ensures
that groups of snowmobiles do not become separated. Past experience has
demonstrated that one-third of a mile allows for sufficient and safe
spacing between individual snowmobiles within the group, and allows the
guide to maintain control over the group and minimize impacts.
Designated Routes Remain on Roads Only
Yellowstone's oversnow routes remain entirely on roads used by
motor vehicles during other seasons and thus are consistent with the
requirements in 36 CFR 2.18(c). OSV use continues to be allowed only on
designated routes. All main road segments will generally remain open
for OSV use, but certain side roads will be reserved for ski and
snowshoe use only. Certain main road segments may be closed to all OSV
travel during parts of the winter, including early season closure for
plowing at the North Entrance, and seasonal closures of the East
Entrance from December 15-21 and March 2-15. The final rule allows the
Superintendent to open or close oversnow routes after taking into
consideration the location of wintering wildlife, appropriate snow
cover, public safety, avalanche conditions, resource protection, park
operations, use patterns, or other factors.
What are transportation events?
Size of Transportation Events
The final rule manages OSV use by transportation events. A
transportation event consists of a group of no more than 10 snowmobiles
(including the guide's snowmobile) or 1 snowcoach. The NPS will
implement OSV management by transportation events starting with the
2014-2015 winter season (Phase II). In the 2014-2015 season, the
average size of a commercially guided snowmobile transportation event
may not exceed 7 snowmobiles (including the guide's snowmobile),
averaged daily. However, if commercial tour operators voluntarily
upgrade their fleets to meet the new air and sound emission standards
during the 2014-2015 winter season (before these standards become
mandatory in the 2015-2016 season), their group sizes will be more
flexible. For commercial snowmobile tour operators who upgrade at least
10 snowmobiles in their fleets to the New Best Available Technology
standards for snowmobiles, vehicle numbers will be averaged seasonally
for transportation events that consist entirely of upgraded
snowmobiles. This would allow commercial tour operators to have days
with up to 10 snowmobiles per transportation event, provided their
seasonal transportation event size averages 7 or less. As discussed
below, this average may increase to 8 if voluntary enhanced emission
standards are met. Each group still could not exceed the maximum group
size of 10 snowmobiles.
Beginning with the 2015-2016 winter season, the average size of a
commercially guided snowmobile transportation event may not exceed 7
snowmobiles (including the guide), averaged over the course of a winter
season. As discussed below, this average may increase to 8 if voluntary
enhanced emission standards are met. Authorizing up to 10 snowmobiles
per transportation event with a seasonal average of 7 or 8 snowmobiles
per transportation event allows commercial tour operators to respond to
fluctuating visitor demand for access. For example, commercial tour
operators may choose to maximize group sizes during busy times, such as
holidays, with groups of 10. If this is done, group sizes will need to
be smaller later in the season to ensure that the average group size
over the course of each season is no more than 7 (or 8 if the voluntary
enhanced emission standards are met).
In order for the NPS to monitor compliance with this rule, each
commercial tour operator is responsible for keeping track of its daily
use on an NPS form, including group size and other variables of
interest to the NPS, and reporting these numbers to the NPS on a
monthly basis. The NPS may require reports to be submitted more
frequently than monthly if it becomes necessary to more closely monitor
activities to protect natural or cultural resources in the park. For
each transportation event, commercial tour operators are required to
report the departure date, the duration of the trip (in days), the
event type (snowmobile or snowcoach), the number of snowmobiles or
snowcoaches, the number of visitors and guides, the route and primary
destination, and whether the transportation event allocation was from
another commercial tour operator. Operators are also required to report
their transportation event size averages for the previous month and for
the season to date. Commercial tour operators that exceed the allowed
average size of snowmobile transportation events will receive an
unsatisfactory rating, with potential to temporarily or permanently
suspend the commercial tour operator's concession contract or
commercial use authorization. In addition to the reporting requirements
in the final rule,
[[Page 63077]]
commercial tour operators are also subject to reporting requirements
contained in their concession contracts or commercial use
authorizations. The NPS will use the information in the report
described above to track the average and actual use of each commercial
tour operator throughout the season in order to ensure maximum daily
limits and seasonal average limits are not exceeded, and to help ensure
that commercial tour operators do not receive unsatisfactory ratings or
suspension of their contracts. By closely monitoring this information
the NPS can also ensure that commercial tour operators do not run out
of authorizations before the end of the season and create a gap when
prospective visitors cannot be accommodated.
The NPS does not consider it necessary to require a minimum size
per transportation event because the use of any number of snowmobiles,
no matter how small, constitutes 1 snowmobile transportation event.
Since the 2004-2005 winter season (managed use era), snowmobile group
size has averaged 6.6 snowmobiles per group.
Voluntary Enhanced Emission Standards for Snowcoaches and Snowmobiles
For commercial tour operators who meet voluntary enhanced emission
standards, the size of a snowcoach transportation event and the average
size of a snowmobile transportation event may increase above the sizes
described in the prior section. The NPS believes the enhanced emission
standards are attainable, and that the potential for increased revenues
from larger transportation events provides a strong incentive for
commercial tour operators to meet these voluntary standards. These
incentives reward commercial tour operators that demonstrate a
commitment to lowering the impacts of OSVs by increasing business
opportunities and park visitation, while lessening impacts to park
resources.
A commercial tour operator may include 2 snowcoaches rather than 1
per transportation event if both snowcoaches emit no more than 71 dB(A)
as measured using the SAE J1161 test procedures. This is 4 dB(A) less
than the maximum allowed under the sound emission requirements. To be
considered 1 transportation event, the 2 snowcoaches must travel
closely together while keeping a safe distance between them. If this
enhanced sound emission standard is met by all snowcoaches, commercial
tour operators could have an additional 60 snowcoaches in the park on a
particular day (if all 50 snowmobile transportation events are used);
however, they could not exceed an average of 1.5 snowcoaches per event
over the course of a winter season.
Starting in the 2014-2015 season, the average size of a commercial
tour operator's snowmobile transportation events over the course of a
winter season may increase from 7 to 8 if all snowmobiles in a group
emit no more than 65 dB(A) measured using the SAE J1161 test
procedures, and no more than 60 g/Kw-hr CO. This is 2 dB(A) less and 30
g/Kw-hr less than the maximum allowed under sound and air emission
requirements to be implemented beginning in the 2015-2016 season.
Evidence from the SAE Clean Snowmobile Challenge, held annually in
Houghton, Michigan, has shown that production snowmobiles fitted with
catalytic converters and other pollution minimization devices are able
to reduce CO and HC plus oxides of nitrogen (HC + NOX)
tailpipe emissions by up to 98% to an average specific mass of 12.04
and 0.17 g/kW-hr, respectively. If these enhanced emission standards
are met by all commercially guided snowmobiles, commercial tour
operators could lead up to 46 additional snowmobiles through the park
each day.
Commercial tour operators must demonstrate to the park that their
snowcoaches or snowmobiles meet these enhanced emission standards prior
to the start of a winter season so that the park can accurately measure
that operator's compliance with all of the requirements.
Number of Transportation Events Allowed in the Park
Up to 110 transportation events are allowed in the park on any
given day during the winter season. Four transportation events are
reserved for non-commercially guided tours of no more than 5
snowmobiles, and up to 106 transportation events are distributed to
commercial tour operators via concessions contracts or commercial use
authorizations. Commercial tour operators may decide to use their
allocation of transportation events for snowmobiles or snowcoaches, but
no more than 46 transportation events may consist of commercially
guided snowmobile groups per day. If a commercial or non-commercial
guide runs an overnight trip into the park, each day of the trip is
considered a separate transportation event.
Consistent with adaptive management principles, the Superintendent
may decrease the maximum number of transportation events allowed in the
park each day, adjust or terminate the Non-commercially Guided
Snowmobile Access Program, redistribute non-commercially guided
transportation events, or make limited changes to the transportation
events allocated to each entrance, based upon impacts to park
resources, utilization rates, visitor experiences, or other factors
after providing public notice in accordance with one or more methods
listed in 36 CFR 1.7. Before taking any of these actions, the NPS will
determine if any additional environmental compliance is required.
Allocation and Maximum Number of Snowmobiles Allowed in the Park
The actual number of snowmobiles and snowcoaches each day in the
park will depend upon visitor demand and how commercial tour operators
use their transportation events, subject to the maximum limit of 110
transportation events per day. If more than 60 snowcoach transportation
events are used, the result will be fewer snowmobiles allowed in the
park. If the maximum number of snowmobile transportation events is
used, the result will be only 60 snowcoaches allowed in the park, or
120 snowcoaches that meet the voluntary, enhanced sound emission
standards.
The final rule allocates transportation events to Old Faithful,
since a commercial tour operator provides snowmobile rentals and
commercial guiding services originating there. For example, some
visitors choose to enter the park on a snowcoach tour, spend two or
more nights at the Old Faithful Snow Lodge, and depart for a
commercially guided snowmobile tour of the park from the lodge.
Table 1 below shows the daily allocations and entrance
distributions for snowmobile transportation events.
[[Page 63078]]
Table 1
------------------------------------------------------------------------
Daily number of Daily number of
transportation transportation
events for events for non-
Park entrance/location commercially commercially
guided guided
snowmobiles snowmobiles
------------------------------------------------------------------------
West Entrance..................... 23 1
South Entrance.................... 17 1
East Entrance..................... 2 1
North Entrance.................... 2 1
Old Faithful...................... 2 0
-------------------------------------
Total......................... 46 4
------------------------------------------------------------------------
At the highest potential level of use, if all 50 snowmobile
transportation events are used in a single day, there could be a
maximum of 480 snowmobiles in the park (46 commercially guided groups
of 10 snowmobiles each, plus 4 non-commercially guided groups of 5
snowmobiles each). Although this is the maximum number of snowmobiles
that could be permitted into the park on a single day, this level of
use could not occur every day because commercially guided snowmobile
transportation event sizes may not exceed an average of 7 snowmobiles
over the course of the season. The average number per day would be no
higher than 342 snowmobiles (46 commercially guided groups of 7
snowmobiles each, plus 4 non-commercially guided groups of 5
snowmobiles each). If all snowmobiles meet the voluntary enhanced
emission standards described above, then the maximum average size of
snowmobile transportation events over the course of a winter season
could increase from 7 to 8 snowmobiles, resulting in an average no
higher than 388 snowmobiles per day (46 commercially guided groups of 8
snowmobiles each, plus 4 non-commercially guided groups of 5
snowmobiles each).
Table 2 below shows these potential daily maximum numbers of
snowmobiles in the park if all snowmobile transportation events are
used.
Table 2
----------------------------------------------------------------------------------------------------------------
46 Transportation 4 Transportation
events from events from non- Total snowmobiles
commercially commercially in the park
guided groups guided groups
----------------------------------------------------------------------------------------------------------------
Peak Day (10 snowmobiles per commercially guided group; 460 20 480
5 per non-commercially guided group)..................
Average Day (7 snowmobiles per commercially guided 322 20 342
group; 5 per non-commercially guided group)...........
Average Day if all Snowmobiles meet Enhanced Standards 368 20 388
(8 snowmobiles per commercially guided group; 5 per
non-commercially guided group)........................
----------------------------------------------------------------------------------------------------------------
Allocation and Maximum Number of Snowcoaches Allowed in the Park
At the highest potential level of use, if all 106 transportation
events are used by snowcoaches in a single day, there will be 106
snowcoaches in the park. If the maximum allocation of snowmobile
transportation events is used in a single day, there could be a maximum
of 60 snowcoaches in the park. At some point in the future, if all
snowcoaches meet the voluntary enhanced sound emission standards
described above, the maximum number of snowcoaches in the park on a
particular day could range from 212 snowcoaches (if no snowmobile
allocations are used) to 120 snowcoaches (if all snowmobile allocations
are used). Although this is the maximum number of snowcoaches that
could be permitted into the park on a single day, this level of use
could not occur every day because snowcoach transportation events
consisting of snowcoaches that meet the voluntary enhanced emission
standards may not exceed an average of 1.5 snowcoaches over the course
of the season. These scenarios represent the extreme allocation
potentials, and it is likely that actual use will end up somewhere in
between these scenarios.
Table 3 below shows the daily allocations and entrance
distributions for snowcoach transportation events.
Table 3
------------------------------------------------------------------------
Daily number of
Daily number of snowcoach
snowcoach transportation
transportation events if zero
Park entrance/location events if all 50 commercially
snowmobile guided snowmobile
transportation transportation
events are used events are used *
------------------------------------------------------------------------
West Entrance..................... 26 49
South Entrance.................... 8 25
East Entrance..................... 1 3
[[Page 63079]]
North Entrance.................... 13 15
Old Faithful...................... 12 14
-------------------------------------
Total......................... 60 106
------------------------------------------------------------------------
* The remaining 4 transportation events are reserved for non-
commercially guided snowmobiles.
Flexible Allocations at Each Entrance
Commercial tour operators may cooperatively exchange allocations of
snowmobile and snowcoach transportation events within an entrance, but
transportation event allocations may not be exchanged among different
entrances. For example, a commercial tour operator at the West Entrance
who has additional transportation event allocations available may trade
those allocations to another commercial tour operator at the West
Entrance, but an allocation at the West Entrance could not be traded to
a commercial tour operator at the South Entrance. These exchanges
provide additional flexibility to commercial tour operators and allow
them to respond to visitor demand, while ensuring that the number of
transportation events at any particular entrance does not exceed the
total number authorized for that day. The NPS envisions that a system
for exchanging allocations will be created and controlled by those
commercial tour operators who receive transportation event entrance
allocations under this plan. Commercial tour operators must notify the
NPS when transportation event allocations are exchanged.
Avalanche Management--Sylvan Pass
The final rule designates the East Entrance Road as an OSV route.
As with other OSV routes, the Superintendent has the ability to close
this route, or portions of it, after taking into consideration the
location of wintering wildlife, appropriate snow cover, public safety,
avalanche conditions, park operations, use patterns, or other factors.
This authority will be used to manage Sylvan Pass in the manner
described in the preferred alternative in the Plan/SEIS.
Summary of and Responses to Public Comments
The NPS published the proposed rule at 78 FR 22470 (April 16,
2013). We accepted comments through the mail, hand delivery, and
through the Federal eRulemaking Portal at http://www.regulations.gov.
Comments were accepted through May 16, 2013, and we received over 6,000
comments. A summary of comments and NPS responses is provided below,
followed by a table that sets out changes we have made from the
proposed rule in this final rule based on the analysis of the comments
and other considerations.
Non-Motorized and Non-OSV Access to the Park
1. Comment: Some comments stated that the NPS should provide
additional opportunities for non-motorized access, including additional
groomed trails and a temporary hut system.
NPS Response: The final rule generally permits non-motorized
travel. Approximately 35 miles of road would continue to be groomed for
cross-country skiing and other non-motorized use in the park. In the
future, the NPS may explore additional opportunities for non-motorized
winter recreation, including the potential for a temporary hut system,
which probably would not require further rulemaking.
2. Comment: Several comments urged the NPS to allow snow bikes in
the final regulation, while one comment urged the NPS not to allow snow
bikes because they would present a safety hazard.
NPS Response: The final rule continues to prohibit snow bikes in
the park. The NPS believes that the use of snow bikes could create
safety hazards along routes on which substantial numbers of snowmobiles
and snowcoaches operate, such as the groomed roads in the park. Snow
bikes may create conflicts with visitors and would have unknown impacts
to park wildlife. Opportunities for snow bike use exist in the area,
outside of the park. The NPS may reconsider the use of snow bikes
through a separate planning process in the future.
3. Comment: Some comments suggested allowing alternative ways to
access the park, such as electric snowmobiles, trains, buses, or horse-
drawn carriages.
NPS Response: In the Plan/SEIS, the NPS considered but dismissed
the use of mass transit systems such as a train or monorail, as well as
plowing park roads and allowing buses to bring visitors into the park.
Reasons for dismissal can be found in Chapter 2 of the Plan/SEIS. At
this time, there are no electric snowmobiles on the market, and
therefore such technology could not be evaluated. The NPS believes that
due to the harsh weather conditions and a number of other factors, it
is not feasible to implement a horse-drawn carriage transportation
system.
Numbers of OSVs Allowed in the Park
4. Comment: One comment urged the NPS to be more flexible with the
daily and monthly quotas in order to allow commercial tour operators to
take advantage of peak demand periods.
NPS Response: The NPS believes the final rule provides an
appropriate amount of flexibility to commercial tour operators. The
final rule authorizes up to 10 snowmobiles per transportation event
while maintaining a seasonal average of 7 snowmobiles per
transportation event or less (the eight-year historic average is 6.6
snowmobiles per event). Furthermore, commercial tour operators who run
transportation events consisting entirely of snowmobiles that meet
voluntary, enhanced emission standards are allowed to average 8
vehicles per event over the season. Similarly, transportation events
that consist of snowcoaches that meet voluntary, enhanced emission
standards could have up to 2 snowcoaches per transportation event, as
long as the commercial tour operators running those events average no
more than 1.5 snowcoaches per event over the season.
[[Page 63080]]
The final rule does not impose any monthly limits or quotas on OSV use.
5. Comment: Some comments stated that the number of snowmobiles
allowed under the proposed rule is too high. Other comments opposed
increasing snowmobile use over levels authorized under the interim
regulations, and some urged the NPS to extend the interim regulation
and implement it on a permanent basis.
NPS Response: The NPS acknowledges that this rule would allow more
snowmobiles in the park per day than have been allowed since the 2008-
2009 season. However, the impact analysis in the Plan/SEIS demonstrates
that by managing OSV use by transportation events and by imposing new
air and sound emission requirements for both snowmobiles and
snowcoaches, this higher number of vehicles would result in less
overall impact to park resources while allowing more visitors to access
the park than have been allowed in recent years. In the past, the NPS
and interested parties have focused on the total number of vehicles
authorized to access the park. However, this emphasis is misleading
because impacts to wildlife and soundscapes stem primarily from groups
of vehicles, not individual vehicles, and can be mitigated through
vehicle management. By packaging traffic into transportation events and
capping the total daily and seasonal number of transportation events,
the park proactively reduces the amount of time vehicles are audible,
therefore reducing impacts to natural soundscapes. By limiting the
number of daily transportation events in the park, wildlife would be
disrupted fewer times. These steps, in combination with continued 100%
guiding requirements, will limit impacts on the park's flora, fauna,
soundscape, and air quality into the future.
6. Comment: Some comments opposed the use of snowmobiles at any
level in the park, urging the NPS to reduce or eliminate snowmobile use
and rely instead on snowcoaches only.
NPS Response: The Plan/SEIS considered an alternative (3)
that would have phased out snowmobile use in favor of snowcoaches that
meet air and sound emission requirements. This alternative was not
selected because it would limit visitors' choices regarding how to
access and experience the park, it would not allow as many visitors to
experience the park as the final rule does, and it would have greater
overall adverse impacts to park resources than the final rule. The
impact analysis in the Plan/SEIS demonstrates that with implementation
of New Best Available Technology standards and transportation event
management, the impacts of snowmobile use will be comparable to the
impacts of snowcoach use.
7. Comment: Some comments urged the NPS to allow greater numbers of
OSVs than are allowed in the proposed rule.
NPS Response: In the Final 2011 EIS and the Plan/SEIS, the NPS
considered several alternatives that would have allowed greater numbers
of OSVs than are allowed in the final rule. The NPS dismissed these
alternatives for a number of reasons, including that higher OSV use
numbers would have too great of an environmental impact on park
resources.
8. Comment: Some comments advocated closing the park to visitors
completely during the winter.
NPS Response: The NPS believes that visitors should be afforded the
opportunity to experience the unique resources and values of
Yellowstone during the winter. Some form of OSV travel is necessary to
allow visitors to access areas of the park that cannot reasonably be
reached using non-motorized means of transportation.
9. Comment: Some comments suggested that transportation events that
are allocated to a specific entrance that are not bid on by commercial
tour operators should be reallocated to a different entrance.
NPS Response: The final rule allows the Superintendent to make
minor changes to the number of transportation events allocated to each
entrance for a number of reasons, including utilization rates.
Air and Sound Emission Requirements
10. Comment: In response to a question posed in the proposed rule,
a number of comments opposed implementing the new air and sound
emission requirements for snowmobiles before the 2017-2018 season,
stating that it will take time for manufacturers to develop snowmobiles
that can meet the New Best Available Technology standards and that the
typical time it takes to phase in new technology is three years. Other
comments supported the implementation schedule in the proposed rule,
stating that imposing the new air and sound emission requirements in
the 2017-2018 season will give commercial tour operators enough time to
turn over their OSV fleets, as opposed to forcing them to purchase new
machines before they are financially capable of doing so. Other
comments stated that even if one snowmobile manufacturer can meet the
New Best Available Technology standards earlier than the 2017-2018
season, the NPS should allow enough time for all of the companies that
currently produce compliant snowmobiles to develop New Best Available
Technology snowmobiles and asked the NPS to consider the long-standing
relationship between snowmobile manufacturers and commercial tour
operators. One comment stated that due to the New Best Available
Technology standards, there will likely be fewer snowmobile models
certified for use in the park, and that snowmobiles meeting the
voluntary, enhanced emission standards are not likely to be produced in
the near future.
NPS Response: The NPS acknowledges the concerns about whether all
manufacturers can produce snowmobiles that meet New Best Available
Technology standards prior to the 2017-2018 season, and recognizes that
there are concerns about impacts to commercial tour operators that
would result from accelerating the New Best Available Technology
implementation dates. The NPS notes, however, that one manufacturer has
already certified to the NPS that it produces a model that meets the
new air and sound emission requirements that will be mandatory
beginning in the 2015-2016 season: the Bombardier Ski Doo GSX LE 900
ACE produces 90 g/kW-hr of CO, 8 g/kW-hr of HC (both FEL), and 69 dB(A)
as measured via SAE J192 (forecasted to produce ~67 dB(A) as measured
via SAE J1161). In addition, accelerating implementation of New Best
Available Technology standards for snowmobiles to December 2015 will
not impact snowmobile commercial tour operators who turn their fleets
over biennially because model year 2014 snowmobiles purchased for use
in 2013-2014 and 2014-2015 will be resold on the secondary market prior
to implementation of New Best Available Technology in December 2015.
Further, the NPS has conducted additional economic analyses that show
the effect on concessioners for advancing New Best Available Technology
two years (from December 2017 to December 2015) would be +$220,956 at
the 3% discount rate (+$197,091 at 7% discount rate). Lastly, the NPS
will be better able to protect its resources and minimize adverse
impacts related to OSV use sooner by advancing the implementation date
for New Best Available Technology for snowmobiles to December 2015.
11. Comment: In response to a question posed in the proposed rule,
many comments urged the NPS to require snowmobiles to meet the New
[[Page 63081]]
Best Available Technology requirements in the 2015-2016 season instead
of the 2017-2018 season, stating that snowmobiles that meet the New
Best Available Technology standards already exist and therefore there
is no reason to wait until the 2017-2018 season to require these
machines. Comments also supported requiring that all existing
snowcoaches meet air and sound emission requirements in the 2016-2017
season instead of the 2017-2018 season.
NPS Response: The NPS agrees that snowmobiles and snowcoaches that
meet the new air and sound emission standards are currently available.
As a result, the final rule requires New Best Available Technology
standards for snowmobiles be implemented in the 2015-2016 season, and
air and sound emission standards for snowcoaches be implemented in the
2016-2017 season.
12. Comment: In response to a question posed in the proposed rule,
many commenters stated the NPS should not abandon the proposal to
reduce CO emissions as part of the New Best Available Technology
standards.
NPS Response: The NPS agrees that the mandated reductions to CO
emissions are necessary in order to minimize impacts to park resources,
and that the New Best Available Technology standards can be met with
existing technology. The NPS notes that 36 different snowmobile models
already meet the new air emission standards that will be mandatory
beginning in the 2015-2016 season. Accordingly, the CO emission
reductions remain part of the New Best Available Technology standards
for snowmobiles in the final rule.
13. Comment: In response to a question posed in the proposed rule,
many comments urged the NPS not to abandon the New Best Available
Technology requirements included in the proposed rule. Some comments
urged the NPS to adopt even more stringent Best Available Technology
requirements than were included in the proposed rule. Several comments
urged the NPS to continue to evolve air and sound emission standards
over time.
NPS Response: The New Best Available Technology requirements for
snowmobiles and the air and sound emission requirements for snowcoaches
that are included in the final rule are stricter than those that have
been in place since the 2004-2005 season. The NPS believes that the air
and sound emissions standards in the final rule will better protect
park resources and values than has been the case in the past, and can
be met by OSV manufacturers. In addition to the new air and sound
emission standards for snowmobiles and snowcoaches, the final rule
includes voluntary, enhanced standards that would reward innovations in
OSV technology and would further reduce impacts to air and soundscapes.
The NPS will continue to evaluate the impacts of OSV use through the
Adaptive Management Program, and if necessary, make changes to the air
and sound emission standards. For instance, the final rule allows the
Superintendent to establish performance-based standards for snowcoaches
that would enable compliant snowcoaches to be operated in the park
after the expiration of the 10-year certification period. The NPS
recognizes that any other changes to air and sound emission standards,
such as the implementation of requirements for nitrogen oxide
emissions, would require changes to the rule, and could also require
additional National Environmental Policy Act (NEPA) review prior to
implementation.
14. Comment: One comment urged the NPS to investigate the
feasibility of limiting nitrogen oxide emissions from oversnow
vehicles.
NPS Response: The NPS has begun collecting data on nitrogen oxide
emissions from OSVs in the past few years, and has begun monitoring for
nitrogen oxides over the past two winter seasons. The NPS expects to
conduct additional research regarding nitrogen oxides in the future,
and where possible, will correlate new data to individual vehicle types
in order to better understand the issues and impacts related to
emission of nitrogen oxide from OSVs. If necessary, the NPS could limit
nitrogen oxide emissions in the future, through the Adaptive Management
Program.
15. Comment: One comment urged the NPS to test snowmobiles under
the same conditions and in the same manner that they are used in the
park.
NPS Response: Under the final rule, snowmobiles will be tested for
noise emissions at their typical cruising speed of 35 mph in accordance
with the SAE J1161 test procedures. This is a deviation from past
snowmobile noise emission measurements which were conducted following
SAE J192 procedures, a full-throttle maximum sound output test.
Snowmobiles will continue to be tested for air emissions by individual
manufacturers following the procedures detailed in 40 CFR 1051.505. The
NPS has determined that it would cause undue hardship and expense to
require testing in conditions that are encountered in the park outside
of a laboratory environment.
16. Comment: One comment urged the NPS not to adopt new methods for
testing snowmobile noise emissions.
NPS Response: The NPS believes that adopting the J1161 test
procedures will more accurately measure noise emissions in a manner
that reflects how snowmobiles are used in the park. Additionally, while
the new method requires testing and certifying snowmobiles at their
typical cruising speed of 35 mph, the NPS is able to correlate the new
testing procedures with the previous, full-throttle tests.
17. Comment: In response to a question posed in the proposed rule,
many comments stated that snowmobiles used for non-commercially guided
trips should be required to meet New Best Available Technology
standards.
NPS Response: The NPS agrees that New Best Available Technology
standards are needed to protect park resources and values and that
exempting snowmobiles used in non-commercially guided groups would
unnecessarily allow greater impacts to park resources than the use of
vehicles compliant with New Best Available Technology standards. This
would also create a double-standard for snowmobiles used in the park.
Under the final rule, all snowmobiles entering the park, including
those used in non-commercially guided groups, are required to meet New
Best Available Technology standards.
18. Comment: One comment stated that only snowmobiles with four-
stroke engines and fuel injection should be allowed in the park.
NPS Response: The final rule contains performance-based sound and
air emission standards for snowmobiles. As long as a snowmobile can
meet those standards, that snowmobile can have a two-stroke or a four-
stroke engine.
19. Comment: One comment urged the NPS to adopt a performance-based
standard for historic Bombardier snowcoaches and urged the NPS to allow
engines in historic Bombardier snowcoaches to be used for more than ten
years. Several comments further urged the NPS to develop performance-
based emissions requirements for all snowcoaches, not just Bombardiers,
rather than requiring design specifications (technology-based
standards). Other commenters stated that if performance-based standards
are developed, they would need to be subjected to additional review
under NEPA.
NPS Response: The 10-year requirement ensures that the least
polluting snowcoaches are used in the park and reflects the concept
that over
[[Page 63082]]
time, the efficiency of engines and exhaust emission control systems
degrades due to wear and tear. In consultations with the EPA, it was
determined that after 10 years of use, snowcoach engines would emit
more pollution than when they first entered service, such that they
should be replaced. The NPS acknowledges that the technology-based air
and sound emission standards for snowcoaches could result in some
vehicles entering the park emitting higher levels of air emissions than
might be desirable. Because the majority of snowcoaches are typically
converted from street vehicles designed to operate on roads, it is
difficult to predict the actual emissions of each vehicle after it is
converted to tracks and operated on snow at high elevations. Due to the
limited amount of data on actual snowcoach emissions, a performance-
based standard could not be implemented at this time. The NPS will
continue to collect data on snowcoach emissions and, if necessary, will
investigate the possibility of implementing a performance-based or
quasi-technology/performance-based standard through the Adaptive
Management Program. The final rule allows the Superintendent to
establish performance-based emission standards for snowcoaches that
would enable compliant snowcoaches to be operated in the park after the
expiration of the 10-year certification period. The NPS recognizes that
any other changes to air and sound emission standards, such as the
implementation of requirements for nitrogen oxide emissions, would
require changes to the rule, and could also require additional NEPA
review prior to implementation.
20. Comment: One comment stated that the impacts of increased OSV
use during Phase II of implementation are not evaluated in the Plan/
SEIS.
NPS Response: During Phase II of implementation (2014-2015 and
2015-2016 seasons), depending on how commercial tour operators use
their transportation events, the impacts of OSV use would fall
generally within the impacts predicted for Alternatives 2A and 4A-D in
the Plan/SEIS. For example, if zero commercial tour operators
voluntarily upgrade their OSVs to meet the new air and sound emission
standards during Phase II, before these requirements become mandatory,
impacts to resources would be similar to those forecasted for
Alternative 2A in the Plan/SEIS. This is because the additional air and
noise impacts created by an increase of 24 snowmobiles (from 318 to 342
snowmobiles) would largely be offset by a reduction of 18 snowcoaches
(from 78 to 60 snowcoaches). If, however, all commercial tour operators
voluntarily upgrade their OSVs to meet the new air and sound emission
standards during Phase II, impacts would be identical to those
forecasted in the Plan/SEIS for Alternatives 4A-D (depending on how
commercial tour operators choose to allocate their snowmobile and
snowcoach transportation events). In addition, as a mechanism to help
ensure the impacts of OSV use do not exceed the forecasted level of
impacts disclosed in the Plan/SEIS, the NPS made a change to the final
rule clarifying that in order to use a snowcoach in lieu of a
snowmobile transportation event during Phase II, the snowcoach will
need to meet the air and sound emission requirements that apply to all
snowcoaches beginning in the 2016-2017 season.
Non-Commercially Guided Groups
21. Comment: Some comments opposed allowing non-commercially guided
use, stating that the requirement in recent regulations that all
snowmobiles be accompanied by a professional guide has been
instrumental in reducing impacts to park resources. Other comments
supported non-commercially guided access, claiming that it is an
essential aspect of the proposed rule.
NPS Response: Best available data demonstrates that unguided use
could have greater adverse impacts to park resources than guided use,
but this data does not distinguish between commercial and non-
commercial guides. The NPS believes that with appropriate training and
enforcement, there will be no difference in impacts from similarly
sized commercially guided groups versus non-commercially guided groups.
The NPS will develop a Non-commercially Guided Snowmobile Access
Program and will monitor non-commercially guided groups through the
Adaptive Management Program. If non-commercially guided groups are
determined to have a relatively greater impact to park resources and
values than commercially guided groups, non-commercially guided use may
be reduced or discontinued.
22. Comment: Some comments urged the NPS to allow more than 4
transportation events each day for non-commercially guided groups.
Other comments suggested that an increase to the number of non-
commercially guided transportation events be allowed through the
adaptive management process.
NPS Response: The NPS notes that non-commercially guided access has
not been allowed in the park before and believes the level of non-
commercially guided access in the final rule is appropriate. The NPS
further notes that the number of snowmobile transportation events is
capped at 50 (46 for commercial tour operators and 4 for non-
commercially guided trips) and any increases to the number of non-
commercially guided transportation events through the adaptive
management process would come at the expense of transportation events
allocated to commercial tour operators.
23. Comment: Some comments offered suggestions regarding the Non-
commercially Guided Snowmobile Access Program. Several commenters
offered to participate in the development of the Non-commercially
Guided Snowmobile Access Program, or identified persons or
organizations that they believe should assist with development of the
program.
NPS Response: The NPS is committed to developing a Non-commercially
Guided Snowmobile Access Program with input from the public and
stakeholders. The NPS will notify the public regarding this effort when
it begins, and will consider the comments submitted on the proposed
rule relating to this program at that time.
24. Comment: Some commenters urged the NPS to require non-
commercially guided tour operators to carry the same insurance as
commercial tour operators.
NPS Response: Under the final rule, each non-commercial guide may
lead no more than two trips per winter season and may not charge a fee
or accept any compensation for guiding services. As a result, the NPS
does not believe it is appropriate to require non-commercial guides to
carry the same insurance as commercial tour operators.
25. Comment: Several comments stated concerns that non-commercially
guided access may adversely affect the number of transportation events
available for commercial tour operators, and stated there should be a
separate allocation for non-commercially guided transportation events.
NPS Response: Under the final rule, 50 of the 110 total
transportation events allowed in the park per day are reserved for
snowmobiles. Of these 50 snowmobile transportation events, 46 will be
allocated to commercial tour operators and 4 will be reserved for non-
commercially guided groups.
26. Comment: One comment urged the NPS to consider allowing non-
commercially guided groups to stay in the park for longer than two days
and one night at a time.
[[Page 63083]]
NPS Response: The NPS recognizes that some visitors who enter the
park as part of a non-commercially guided group may wish to stay for
several days. The preamble of the final rule has been changed to state
that the maximum length of a non-commercially guided snowmobile trip is
three days and two nights.
Management of Sylvan Pass
27. Comment: Some comments opposed keeping Sylvan Pass open,
stating that avalanche control activities are unsafe, that the area
contains lynx and wolverine habitat, and that the costs of keeping it
open are too high. Other comments supported keeping access to the park
open through the East Entrance, citing the importance of access to the
park for Northwest Wyoming and its visitors.
NPS Response: The NPS conducted Operational Risk Management
Assessments (ORMAs) in 2007 and 2010 focused on issues relating to
keeping Sylvan Pass open in the winter. The results of these ORMAs
indicated that appropriate procedures are in place to operate the Pass
safely. Best available data indicates that the Pass is not frequently
used by lynx or wolverines, and the potential for impacts on these
species is minimal. Furthermore, avalanche mitigation in Sylvan Pass
affects less than 0.1% of wolverine habitat within Yellowstone. The NPS
completed an informal consultation with the U.S. Fish and Wildlife
Service, which concurred with the NPS determination that impacts from
OSV use may affect, but are not likely to adversely affect, Canada
lynx, designated critical habitat for lynx, and wolverines. Additional
details regarding the impacts of avalanche mitigation on Sylvan Pass
can be found in Chapter 4 of the Plan/SEIS. The NPS understands that
the public is concerned with the cost of Sylvan Pass operations and the
cost of winter operations as a whole. However, the NPS must balance
cost with other factors, including visitor access and enjoyment of the
park, when determining a long-term winter use plan.
Snowcoach Requirements
28. Comment: One comment suggested that there should be size and
weight restrictions on snowcoaches to reduce rutting.
NPS Response: Neither maximum vehicle weight, gross vehicle weight
rating, nor width for snowcoaches is included in the final rule. In the
past, the NPS proposed specifying a maximum size and pounds per square
inch weight limit for snowcoaches in order to address issues related to
rutting. Without detailed study that evaluates variables, including
pounds per square inch, snow conditions and environmental
considerations such as density, snow-water equivalency, hardness,
aspect, and other factors such as grooming practices and equipment, and
snowcoach track design and configuration, it is difficult to determine
what specific requirements would lessen the potential for rutting of
snow roads. The NPS acknowledges that some snowcoaches leave ruts on
the roads and that these ruts negatively affect the visitor experience
and present a potential safety hazard to other users. To address this
concern, the NPS is currently studying this issue and is working to
develop mitigation strategies once the determinants of rutting are
positively identified. After further study, should any size, weight, or
weight displacement restrictions for snowcoaches be necessary, these
restrictions will be incorporated in commercial tour operators' annual
operating plans.
29. Comment: One comment urged the NPS to allow snowcoaches to be
equipped with tires in addition to tracks.
NPS Response: The NPS recognizes that there may be snowcoaches
developed in the future that use tires specifically designed for
operation in oversnow conditions instead of tracks. While the impact
analysis in the Plan/SEIS only includes analysis of snowcoaches with
tracks, the NPS wishes to retain flexibility to allow wheeled
snowcoaches in the future. Therefore, the definition of a snowcoach has
been changed in the final rule to allow the possibility for wheeled
snowcoach use. The NPS could examine wheeled snowcoach use through the
adaptive management and monitoring process.
Adaptive Management
30. Comment: Some comments asked for the adaptive management
program to be more clearly defined and incorporated into the final
rule.
NPS Response: As stated in the Plan/SEIS, in order to be most
effective adaptive management processes must include stakeholder input.
The NPS has committed to an Adaptive Management Program that will
provide for this stakeholder involvement, but due to the time it takes
to fully develop an adaptive management plan, this could not be
completed prior to the promulgation of the final rule.
Impacts to Park Resources
31. Comment: Some comments urged the NPS to keep impacts under the
final rule similar to impacts seen during the past four years under the
interim rule. Other comments urged the NPS to ensure the park is
cleaner and quieter than has been the case over the past four years
under the interim rule.
NPS Response: The NPS notes that the level of average use seen over
the past four seasons under the interim rule represents less than 60%
of the use levels authorized during that time. In the Plan/SEIS, the
NPS considered but dismissed from detailed analysis an alternative that
would have allowed a maximum of 191 snowmobiles and 36 snowcoaches per
day, which are the average use levels seen during the 2009-2010 through
2011-2012 seasons. While there are a number of factors that resulted in
less than 100% of the authorized use being seen over the past few
seasons, for its impact analysis in the Plan/SEIS, the NPS assumed that
100% of the allowable OSV use will take place under each alternative
analyzed. Under this assumption, the impacts of OSV use under the final
rule would have less adverse impact to park resources than the level of
use authorized under the interim rule. The NPS notes, however, that
even at the same levels as the average use seen under the interim rule,
OSV use under the final rule would result in less impact to park
resources than have been seen over the past four seasons, due to the
new air and sound emission requirements and management of OSVs by
transportation events.
Snowmobile Speed Limits
32. Comment: One comment opposed lowering the speed limit for
snowmobiles to 35 mph, stating that this will limit the time visitors
will be able to spend enjoying park resources because it will take more
time to enter and exit the park.
NPS Response: 35 mph represents the typical cruising speed for
snowmobiles in the park. Therefore, the NPS believes that visitors will
have a similar amount of time to experience park resources as they had
under previous winter use rules. The NPS believes this speed limit is
appropriate to protect visitor safety and to limit impacts to park
resources from OSV use, including minimization of OSV-caused noise.
Changes From the Proposed Rule
After taking the public comments into consideration and after
additional review, the NPS made the following changes in the final
rule:
[[Page 63084]]
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------------------------------------------------------------------------
Sec. 7.13(l)(2)................... In the definition of
``snowcoach,'' removed the
requirement that snowcoaches be
driven by a track or tracks and
steered by skis or tracks.
Sec. 7.13(l)(4)(i)................ Clarified that the Superintendent
may establish additional
operating conditions, including
performance-based emission
standards for snowcoaches, after
providing public notice.
Sec. 7.13(l)(4)(ii)............... Changed the dates that air and
sound emission requirements apply
to new and existing snowcoaches.
Sec. 7.13(l)(4)(iv)............... Clarified that snowcoach sound
emissions are measured when
operating the snowcoach at 25 mph
or its maximum cruising speed if
less than 25 mph. Testing at
these speeds is representative of
how snowcoaches are operated in
the park and allows the NPS to
better understand impacts to
resources.
Sec. 7.13(l)(4)(vii).............. Clarified that the NPS will test
and certify snowcoaches for air
and sound emissions in the park.
Testing in the park allows the
NPS to measure impacts under
reasonable operating conditions.
Sec. 7.13(l)(6)(i)................ Changed the dates that new air and
sound emission requirements apply
to snowmobiles.
Sec. 7.13(l)(8)(i)................ Provided more detail about routes
where snowcoaches may be operated
in the park.
Sec. 7.13(l)(9)(v)................ Added a requirement that
snowmobiles operated by non-
commercial guides be clearly
marked. Concession contracts
require commercial guides to be
marked so this change imposes the
same requirement on non-
commercial guides. Marking
assists the NPS with enforcement
of the rules.
Sec. 7.13(l)(9)(vi)............... Clarified that non-commercial
guides must obtain a special use
permit from the NPS prior to
entering the park with a non-
commercially guided group.
Sec. 7.13(l)(10)(xii)............. Adjusted the chart of daily
transportation event entry limits
by park entrance/location to be
consistent with modeling
conducted as part of the Plan/
SEIS.
Sec. 7.13(l)(11)(iii)............. Clarified that commercial tour
operator reports may be required
more than once per month if it
becomes necessary to more closely
monitor activities to protect
natural or cultural resources in
the park. This would allow the
NPS to better measure compliance
with the season average limits on
transportation events and give
commercial tour operators better
information to make informed
business decisions.
Sec. 7.13(l)(12)(i)............... Clarified that the Superintendent
may determine the start and end
dates of a winter season, and
decide to close all or certain
areas of the park to OSV use
after considering appropriate
factors.
Sec. 7.13(l)(13)(i)(I)............ Added a 25 mph speed limit for
snowcoaches. This ensures that
snowcoach use will be consistent
with environmental impact models
in the Plan/SEIS. This limit is
consistent with the performance
capabilities of snowcoaches.
Sec. 7.13(l)(13)(ii)(D)........... Added a requirement that
snowmobiles be registered in the
U.S. State or Canadian Province
of principal use.
------------------------------------------------------------------------
Section-by-Section Analysis
Section 7.13(l)(1) What is the scope of this regulation?
The regulations apply to the use of snowcoaches and snowmobiles by
guides and park visitors. Except where indicated, the regulations do
not apply to non-administrative OSV use by NPS employees, contractors,
concessioner employees, their families and guests, or other users
authorized by the Superintendent.
Section 7.13(l)(2) What terms do I need to know?
The NPS has included definitions for a variety of terms, including
commercial guide, commercial tour operator, non-commercially guided
group, oversnow vehicle, oversnow route, and transportation event.
For snowmobiles, the NPS is continuing to use the definition found
at 36 CFR 1.4. The final rule also includes language that makes it
clear that all-terrain vehicles and utility-type vehicles are not
snowmobiles or snowcoaches, even if they have been adapted for use on
snow with track and ski systems.
Earlier regulations governing winter use at the park referred only
to snowmobiles or snowcoaches. Since there is a strong likelihood that
new forms of oversnow motorized vehicles will be developed in the
future, a definition for ``oversnow vehicle'' was developed to ensure
that any such new technology is subject to this regulation. When a
particular requirement or restriction only applies to a certain type of
OSV, the specific vehicle is stated and the restriction only applies to
that type of vehicle, not all OSVs. However, OSVs that do not meet the
strict definition of a snowcoach (i.e., both weight and passenger
capacity) are subject to the same requirements as snowmobiles. These
definitions may be clarified in future rulemakings based on changes in
technology.
In earlier regulations, the NPS specified a size and weight limit
for snowcoaches. As the number of larger and heavier snowcoaches has
increased, the NPS has observed serious rutting of the groomed road
surface caused by heavier snowcoaches. Rutting creates safety issues
for other snowcoaches and snowmobiles using oversnow routes. The NPS is
evaluating a suite of management actions to address rutting, which may
include placing vehicle weight and size limits in the concession
agreements and commercial use authorizations that govern the use of
snowcoaches in the park.
Section 7.13(l)(3) When may I operate a snowmobile in Yellowstone
National Park?
The final rule continues to authorize operation of a snowmobile
within the park each winter season subject to use limits, guiding
requirements, operating hours, equipment requirements, emission
requirements, and operating conditions. Snowmobile and snowcoach use
between Flagg Ranch and the South Entrance of Yellowstone occurs in the
John D. Rockefeller, Jr. Memorial Parkway, and is addressed in
regulations pertaining to that unit of the National Park System at 36
CFR 7.21(a). Any OSV that enters Yellowstone is subject to the terms
and conditions of this final rule.
Section 7.13(l)(4) When may I operate a snowcoach in Yellowstone
National Park?
The final rule continues to authorize operation of snowcoaches in
the park each winter season, subject to the conditions in this final
rule. Snowcoaches must be operated under a concessions contract or
commercial use authorization and meet the applicable air, weight, and
sound emission requirements. Snowcoaches must not exceed 75 dB(A) when
measured by operating the snowcoach at 25 mph, or its maximum cruising
speed if less than 25 mph, using the SAE J1161 test procedures.
Existing snowcoaches must meet these requirements beginning in the
2016-2017 winter season, while new snowcoaches must meet these
requirements upon being put into service beginning in the 2014-2015
winter season.
Section 7.13(l)(5) Must I operate a certain model of snowmobile?
Except for some exemptions that apply to the Cave Falls Road and
use by persons affiliated with the park, the final rule continues to
require that only snowmobiles that meet NPS air and sound emissions
requirements may be operated in the park.
[[Page 63085]]
Section 7.13(l)(6) What standards will the Superintendent use to
approve snowmobile makes, models, and year of manufacture for use in
the park?
Snowmobiles must continue to meet the existing air and sound
emission requirements through the 2014-2015 winter season. As of
December 15, 2015, snowmobiles must operate at or below 67 dB(A) as
measured at cruising speed and must be certified under 40 CFR part 1051
to a FEL no greater than a total of 15 g/kW-hr for HC and a FEL of no
greater than 90 g/kW-hr for CO.
Section 7.13 (l)(7) Where may I operate a snowmobile in Yellowstone
National Park?
Specific routes are listed where snowmobiles may be operated, but
the final rule also provides latitude for the Superintendent to close
and reopen routes when necessary. When determining what routes are
available for use, the Superintendent will consider weather and snow
conditions, public safety, protection of park resources, park
operations, use patterns, and other factors.
Section 7.13(l)(8) What routes are designated for snowcoach use?
Snowcoaches may be operated on the specific routes open to
snowmobile use. In addition, rubber-tracked snowcoaches may be operated
from the park entrance at Gardiner, MT, to the parking lot of Upper
Terrace Drive and in the Mammoth Hot Springs developed area. This final
rule also provides latitude for the Superintendent to close and reopen
routes when necessary. When determining what routes are available for
use, the Superintendent will consider weather and snow conditions,
public safety, protection of park resources, park operations, use
patterns, and other factors.
Section 7.13(l)(9) Must I travel with a guide while snowmobiling in
Yellowstone and what other guiding requirements apply?
The final rule retains the requirement that, except on the Cave
Falls Road, all visitors operating snowmobiles in the park must be
accompanied by a guide. In addition to commercially guided trips, the
final rule allows 4 groups of up to 5 snowmobiles to be led into the
park by non-commercial guides who have been certified under the Non-
commercially Guided Snowmobile Access Program. The final rule requires
that guided parties must travel together and not be separated by more
than one-third of a mile from the first snowmobile in the group to
ensure groups stay together for safety considerations.
Section 7.13(l)(10) Are there limits established for the numbers of
snowmobiles and snowcoaches permitted to operate in the park each day?
As described above, the NPS will manage OSV use by limiting the
size and number of snowmobile and snowcoach transportation events on
any given day. No more than 110 transportation events are allowed in
the park on any day. Four transportation events are reserved for non-
commercially guided groups, and up to 106 transportation events are
allocated to commercial tour operators via concession contracts or
commercial use authorizations. Commercial tour operators may use their
transportation events for snowmobiles or snowcoaches, provided that no
more than 46 commercially guided transportation events may consist of
snowmobiles. The maximum size of a commercially guided snowmobile
transportation event is 10 snowmobiles, with a maximum average size of
7 over the course of a winter season. The maximum average size of a
snowmobile transportation event may increase from 7 to 8 if all of the
snowmobiles in a group meet voluntary, enhanced emission standards. The
maximum size of a snowcoach transportation event will initially be 1
snowcoach, but may increase to 2 snowcoaches, not to exceed a seasonal
average of 1.5 snowcoaches per transportation event, if the vehicles
meet voluntary, enhanced emission standards.
Section 7.13(l)(11) How will the NPS monitor compliance with the
required average and maximum size of transportation events?
In order for the NPS to monitor compliance with this rule, each
commercial tour operator is responsible for keeping track of its daily
use on an NPS form, including group size and other variables of
interest to the NPS, and reporting these numbers to the NPS on a
monthly basis. The NPS may require reports to be submitted more
frequently than monthly if it becomes necessary to more closely monitor
activities to protect natural or cultural resources in the park. For
each transportation event, commercial tour operators are required to
report the departure date, the duration of the trip (in days), the
event type (snowmobile or snowcoach), the number of snowmobiles or
snowcoaches, the number of visitors and guides, the route and primary
destination, and whether the transportation event allocation was from
another commercial tour operator. Operators are required to report
their transportation event size averages for the previous month and for
the season to-date. In addition to the reporting requirements in the
final rule, commercial tour operators are also subject to reporting
requirements contained in their concession contracts or commercial use
authorizations.
Section 7.13(l)(12) How will I know when I can operate a snowmobile or
snowcoach in the park?
The Superintendent will determine the start and end dates of each
winter season, which will begin no earlier than December 15 and end no
later than March 15 each winter season. The Superintendent will
consider appropriate factors when determining the length of the winter
season, including adequate snow cover, the location of wintering
wildlife, public safety, resource protection, park operations, and use
patterns. Based upon these factors, the Superintendent may determine
that there will be no winter season for oversnow vehicles or that
certain areas of the park may be closed to public OSV use. The final
rule does not change the methods the Superintendent will use to
determine operating hours. In the past, the Superintendent has set the
opening and closing hours at 7:00 a.m. and 9:00 p.m., respectively.
Early and late entries were granted on a case-by-case basis. The final
rule allows the Superintendent to manage operating hours, dates, and
use levels with public notice provided through one or more methods
listed in 36 CFR 1.7. These methods could include signs, maps, public
notices, or other publications. Except for emergency situations, any
changes to operating hours, dates, or use levels will be made on an
annual basis. Initially, the Superintendent intends to set the
operating hours as 7:00 a.m. to 9:00 p.m. with no early entries or late
exits allowed except for administrative travel, non-administrative
travel by affiliated persons, and emergencies.
Section 7.13 (l)(13) What other conditions apply to the operation of
OSVs?
The final rule maintains requirements regarding the operation of
OSVs in the park, such as driver's license and registration
requirements, operating procedures, requirements for headlights,
brakes, and other safety equipment, length of idling time (which has
been reduced from five to three minutes), maximum speed limit (35 mph
for snowmobiles and 25 mph for
[[Page 63086]]
snowcoaches), towing of sleds, and other requirements related to safety
and impacts to resources. Towing people is a potential safety hazard
and health risk due to road conditions, traffic volumes, and direct
exposure to snowmobile emissions. This rule does not affect supply
sleds attached by a rigid device or hitch pulled directly behind
snowmobiles or other OSVs as long as no person or animal is hauled on
them.
Section 7.13 (l)(14) What conditions apply to alcohol use while
operating an OSV?
The final rule does not change the conditions applicable to the use
of alcohol while operating OSVs. Although the regulations in 36 CFR
4.23, concerning the operation of motor vehicles in units of the
National Park System while under the influence of alcohol or drugs,
apply to snowmobiles under 36 CFR 2.18(a), the final rule maintains the
additional regulations that address under-age drinking while operating
a snowmobile, and operation under the influence by snowcoach or
snowmobile guides while performing services for others. Many states
have adopted similar alcohol standards for under-age and commercial
operators, and the NPS believes it is necessary to specifically include
these regulations to help mitigate potential safety concerns.
The alcohol level for anyone under the age of 21 is set at .02
Blood Alcohol Content (BAC). Although the NPS endorses ``zero
tolerance,'' a very low BAC is established to avoid a chance of a false
reading. Mothers Against Drunk Driving and many other organizations
have endorsed such a general enforcement posture and the NPS agrees
that under-age drinking and driving should not be allowed.
In the case of snowcoach or snowmobile guides, a low BAC limit is
also necessary. Persons operating a snowcoach are likely to be carrying
eight or more passengers in a vehicle. Vehicles on tracks or skis are
more challenging to operate than wheeled vehicles, and travel on
oversnow routes can present significant hazards, especially if the
driver has impaired judgment. Similarly, persons guiding others on a
snowmobile have put themselves in a position of responsibility for the
safety of other visitors and for minimizing impacts to park wildlife
and other resources. If the guide's judgment is impaired, hazards such
as wildlife on the road or snow-obscured features could endanger all
members of the group in an unforgiving climate. For these reasons, the
final rule continues to require that all guides be held to a stricter
than normal standard for alcohol consumption. Therefore, the final rule
continues a BAC limit of .04 for snowcoach and snowmobile guides. This
limit applies for both commercial guides and non-commercial guides.
This is consistent with other federal and state rules pertaining to BAC
thresholds for someone with a commercial driver's license.
Section 7.13 (l)(15) Do other NPS regulations apply to the use of OSVs?
The final rule does not change the applicability of other NPS
regulations concerning OSV use. Relevant portions of 36 CFR 2.18,
including Sec. 2.18(c), have been incorporated into this final rule.
Some portions of 36 CFR 2.18 and 2.19 are superseded by the final rule,
which governs maximum operating decibels, operating hours, and operator
age in this park only. In addition, 36 CFR 2.18(b), which adopts non-
conflicting state snowmobile laws, does not apply in Yellowstone. The
final rule also supersedes 36 CFR 2.19(b). Other provisions of 36 CFR
Chapter I continue to apply to the operation of OSVs unless
specifically superseded by the final rule.
Section 7.13 (l)(16) What forms of non-motorized oversnow
transportation are allowed in the park?
Non-motorized travel consisting of skiing, skating, snowshoeing,
and walking is generally permitted. The park has specifically
prohibited dog sledding, bicycle use, and ski-joring (the practice of a
skier being pulled by dogs, a horse, or a vehicle) to prevent
disturbance or harassment to wildlife and for visitor safety. These
restrictions have been in place for several years and are reaffirmed by
this rule.
Section 7.13 (l)(17) May I operate a snowplane in Yellowstone National
Park?
Snowplanes may not be used in Yellowstone National Park.
Section 7.13 (l)(18) Is violating a provision of this section
prohibited?
Violating a term, condition, or requirement of paragraphs (l)(1)
through (l)(17) of Sec. 7.13 is prohibited.
Compliance With Other Laws, Executive Orders, and Department Policies
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.
Regulatory Flexibility Act (RFA)
This rule will not have a significant economic effect on a
substantial number of small entities under the RFA (5 U.S.C. 601 et
seq.). This certification is based on the cost-benefit and regulatory
flexibility analysis found in the report entitled ``Economic Analysis
of Winter Use Regulations in Yellowstone National Park (March 2013)''
which can be viewed on the park's planning Web site, http://parkplanning.nps.gov/yell, by clicking on the link entitled ``2012/2013
Supplemental Winter Use Plan EIS,'' and then clicking on the link
entitled ``Document List.''
From the analysis of costs and benefits using Baseline 1, the NPS
concludes that the action alternatives will mitigate the impacts on
most small businesses relative to the impacts under Baseline 1. In
cases where the action alternatives cause reduced revenues for a few
specific firms compared to Baseline 1, the NPS expects that the
declines will be very small. From the analysis using Baseline 2, the
NPS concludes the following points:
Relative to Baseline 2, Alternatives 3 and 4 are estimated to
result in increased revenues for the snowmobile rental and snowcoach
sectors.
Alternative 1 has the potential to generate significant losses for
small businesses.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA.
This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or
[[Page 63087]]
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 Greater Yellowstone Area, not national or
U.S.-based enterprises.
These conclusions are based upon the cost-benefit and regulatory
flexibility analysis found in the report entitled ``Economic Analysis
of Winter Use Regulations in Yellowstone National Park (March 2013)''
which can be viewed on the park's planning Web site, http://parkplanning.nps.gov/yell, by clicking on the link entitled ``2012/2013
Supplemental Winter Use Plan EIS,'' and then clicking on the link
entitled ``Document List.''
Unfunded Mandates Reform Act (UMRA)
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. It addresses public
use of national park lands, and imposes no requirements on other
agencies or governments. A statement containing the information
required by the UMRA (2 U.S.C. 1531 et seq.) is not required.
Takings (Executive Order 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630. Access to private
property located adjacent to the park will be afforded the same access
during winter as before this rule. No other private property is
affected. A takings implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. It addresses
public use of national park lands, and imposes no requirements on other
agencies or governments. A Federalism summary impact statement is not
required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
consultation under the Department's tribal consultation policy is not
required. Numerous tribes in the area were consulted in the development
of the previous winter use planning documents.
Paperwork Reduction Act (PRA)
An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid Office of Management and Budget (OMB) control number.
OMB has previously approved the information collection requirements
associated with NPS special park use permits and assigned OMB Control
Number 1024-0026, which expires August 31, 2016. When requirements for
the Non-commercially Guided Snowmobile Access Program are developed, we
will seek OMB approval, if necessary, for any new information
collection requirements. OMB has reviewed and approved the following
new reporting and recordkeeping requirements contained in this rule,
and assigned OMB Control Number 1024-0266:
(1) To ensure that snowcoaches and snowmobiles meet NPS emission
and sound standards, before the start of each winter season:
(a) Snowcoach manufacturers or commercial tour operators must
demonstrate, by means acceptable to the Superintendent, that their
snowcoaches meet the standards.
(b) Snowmobile manufacturers must demonstrate, by means acceptable
to the Superintendent, that their snowmobiles meet the standards.
(2) So that we can monitor compliance with the required average and
maximum size of transportation events, as of December 15, 2014, each
commercial tour operator must:
(a) Maintain accurate and complete records of the number of
snowmobile and snowcoach transportation events he or she brings into
the park on a daily basis. These records must be made available for
inspection by the park upon request.
(b) Submit a monthly report to the park that includes the
information below about snowmobile and snowcoach use. We may require
the report to be submitted more frequently than monthly if it becomes
necessary to more closely monitor activities to protect natural or
cultural resources in the park.
Average group size for allocated transportation events
during the previous month and for the winter season to date. Any
transportation events that have been exchanged among commercial tour
operators must be noted and the receiving party must include these
transportation events in his or her reports.
For each transportation event, the departure date, the
duration of the trip (in days), the event type (snowmobile or
snowcoach), the number of snowmobiles or snowcoaches, the number of
visitors and guides, the route and primary destination(s), and if the
transportation event allocation was from another commercial tour
operator.
(3) To qualify for the increased average size of snowmobile
transportation events or increased maximum size of snowcoach
transportation events, each commercial tour operator must:
Before the start of the winter season, demonstrate to the
park superintendent that his or her snowmobiles or snowcoaches meet the
enhanced emission standards.
Maintain separate records for snowmobiles and snowcoaches
that meet enhanced emission standards and those that do not.
During the proposed rule stage, we solicited comments on the above
information collection requirements. We did not receive any comments
pertaining to the information collection. We have discussed other
comments received in the preamble above.
Title: Reporting and Recordkeeping for Snowcoaches and Snowmobiles,
Yellowstone National Park, 36 CFR 7.13(l).
OMB Control Number: 1024-0266.
Service Form Number: None.
Description of Respondents: Commercial businesses operating OSVs
[[Page 63088]]
in Yellowstone National Park, and OSV manufacturers.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: Monthly for reports; ongoing for
recordkeeping; annually to demonstrate that OSVs meet or exceed
emission standards.
Estimated number of respondents: 17 (15 commercial tour operators
and 2 manufacturers).
----------------------------------------------------------------------------------------------------------------
Estimated
number of Completion time Estimated
Activity annual per response total annual
nresponses (hours) burden hours *
----------------------------------------------------------------------------------------------------------------
Meet Emission/Sound Standards--Snowcoaches (7.13(l)(4)(vii))... 12 .5 6
Meet Emission/Sound Standards--Snowmobiles (7.13(l)(5))........ 2 .5 1
Report and Recordkeeping (7.13(l)(11)(i)-(iii))................ 45 2 90
Meet Enhanced Emission Standards (7.13(l)(11)(iv))............. 5 .5 3
Total...................................................... 64 ............... 100
----------------------------------------------------------------------------------------------------------------
* rounded.
You may send comments on any aspect of this information collection
to the Information Collection Clearance Officer, National Park Service,
1849 C Street NW. (2601), Washington, DC 20240.
National Environmental Policy Act
This rule constitutes a major Federal action with the potential to
significantly affect the quality of the human environment. We have
prepared the Plan/SEIS under the National Environmental Policy Act of
1969. The Plan/SEIS is available by contacting the Yellowstone National
Park Management Assistant's Office and online at http://parkplanning.nps.gov/yell, by clicking on the link entitled ``2012/2013
Supplemental Winter Use Plan EIS,'' and then clicking on the link
entitled ``Document List.''
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A statement of Energy Effects is not
required.
Drafting Information
The primary authors of this regulation are: Jay P. Calhoun,
Regulations Program Specialist; Russel J. Wilson, Chief, Regulations
and Special Park Uses, National Park Service, Washington Office; David
Jacob, Environmental Protection Specialist, National Park Service,
Environmental Quality Division; and Wade M. Vagias, Management
Assistant, Yellowstone National Park.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service amends
36 CFR Part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority for part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code 50-
2201.07 (2001).
0
2. In Sec. 7.13 revise paragraph (l) to read as follows:
Sec. 7.13 Yellowstone National Park.
* * * * *
(l)(1) What is the scope of this regulation? The regulations
contained in paragraphs (l)(2) through (l)(15) and (l)(18) of this
section apply to the use of snowcoaches and snowmobiles by guides and
park visitors. Except where indicated, paragraphs (l)(2) through
(l)(15) do not apply to non-administrative oversnow vehicle use by
affiliated persons.
(2) What terms do I need to know? The definitions in this paragraph
(l)(2) also apply to non-administrative oversnow vehicle use by
affiliated persons.
Affiliated persons means persons other than guides or park
visitors. Affiliated persons include NPS employees, contractors,
concessioner employees, their families and guests, or other persons
designated by the Superintendent.
Commercial guide means a person who operates as a snowmobile or
snowcoach guide for a monetary fee or other compensation and is
authorized to operate in the park under a concession contract or a
commercial use authorization.
Commercial tour operator means a person authorized to operate
oversnow vehicle tours in the park under a concession contract or a
commercial use authorization.
Enhanced emission standards means for snowmobiles, a maximum of 65
dB(A) as measured at cruising speed (approximately 35 mph) in
accordance with the Society of Automotive Engineers (SAE) J1161 test
procedures and certified under 40 CFR part 1051 to a Family Emission
Limit no greater than 60 g/kW-hr for carbon monoxide; and for
snowcoaches, a maximum of 71 dB(A) when measured by operating the
snowcoach at cruising speed for the test cycle in accordance with the
SAE J1161 test procedures.
Guide means a commercial guide or a non-commercial guide.
Non-commercial guide means a person who has successfully completed
training and certification requirements established by the
Superintendent that demonstrate the requisite knowledge and skills to
operate a snowmobile in Yellowstone National Park. In order to be
certified and receive a special use permit, a non-commercial guide must
be at least 18 years of age by the day of the trip and possess a valid
state-issued motor vehicle driver's license.
Non-commercially guided group means a group of no more than five
snowmobiles, including a non-commercial guide, permitted to enter the
park under the Non-commercially Guided Snowmobile Access Program.
Non-commercially Guided Snowmobile Access Program means a program
that permits authorized parties to enter Yellowstone National Park
without a commercial guide.
Oversnow route means that portion of the unplowed roadway located
between the road shoulders and designated by snow poles or other poles,
ropes, fencing, or signs erected to regulate oversnow activity.
Oversnow routes include pullouts or parking areas that are groomed or
marked similarly to roadways and are adjacent to designated oversnow
routes. An oversnow route may also be distinguished by the interior
boundaries of the berm created by the packing and grooming of the
unplowed roadway.
Oversnow vehicle means a snowmobile, snowcoach, or other
[[Page 63089]]
motorized vehicle that is intended for travel primarily on snow and has
been authorized by the Superintendent to operate in the park. All-
terrain vehicles and utility-type vehicles are not oversnow vehicles,
even if they have been modified for use on snow with track or ski
systems
Snowcoach means a self-propelled mass transit vehicle intended for
travel on snow, having a curb weight of over 1,000 pounds (450
kilograms), having a capacity of at least eight passengers and no more
than 32 passengers, plus a driver.
Snowcoach transportation event means one snowcoach that does not
meet enhanced emission standards traveling in Yellowstone National Park
on any given day, or two snowcoaches that both meet enhanced emission
standards traveling together in Yellowstone National Park on any given
day.
Snowmobile means a self-propelled vehicle intended for travel
solely on snow, with a maximum curb weight of 1,000 pounds (450
kilograms), driven by a track or tracks in contact with the snow, and
which may be steered by a ski or skis in contact with the snow.
Snowmobile transportation event means a group of 10 or fewer
commercially guided snowmobiles traveling together in Yellowstone
National Park on any given day or a non-commercially guided group,
which is defined separately. Snowmobiles entering Cave Falls Road are
not considered snowmobile transportation events.
Snowplane means a self-propelled vehicle intended for oversnow
travel and driven by an air-displacing propeller.
Transportation event means a snowmobile transportation event or a
snowcoach transportation event.
(3) When may I operate a snowmobile in Yellowstone National Park?
You may operate a snowmobile in Yellowstone National Park each winter
season only in compliance with use limits, guiding requirements,
operating hours, equipment, and operating conditions established under
this section. The operation of snowmobiles under a concessions contract
or commercial use authorization is subject to the conditions stated in
the concessions contract or commercial use authorization. The
Superintendent may establish additional operating conditions after
providing notice of those conditions in accordance with one or more
methods listed in 36 CFR 1.7.
(4) When may I operate a snowcoach in Yellowstone National Park?
(i) A snowcoach may be operated in Yellowstone National Park only under
a concessions contract or commercial use authorization each winter
season. Snowcoach operation is subject to the conditions stated in the
concessions contract or commercial use authorization and all other
conditions identified in this section. The Superintendent may establish
additional operating conditions, including performance-based emission
standards for snowcoaches, after providing notice of those conditions
in accordance with one or more methods listed in 36 CFR 1.7.
(ii) The requirements in paragraphs (l)(4)(iii) through (iv) of
this section apply to:
(A) new snowcoaches put into service on or after December 15, 2014;
(B) snowcoaches used in lieu of snowmobile transportation events
during the 2014-2015 and 2015-2016 winter seasons; and
(C) all existing snowcoaches as of December 15, 2016.
(iii) The following air emission requirements apply to snowcoaches:
------------------------------------------------------------------------
must meet the
A snowcoach that is a . . . following standard .
. .
------------------------------------------------------------------------
(A) Diesel-fueled snowcoach with a gross vehicle The functional
weight rating (GVWR) less than 8,500 pounds. equivalent of 2010
(or newer) EPA Tier
2 model year engine
and emission
control technology
requirements.
(B) Diesel-fueled snowcoach with a GVWR greater The EPA model year
than or equal to 8,500 pounds. 2010 ``engine
configuration
certified'' diesel
air emission
requirements.
Alternately, a
snowcoach in this
category may be
certified under the
functional
equivalent of 2010
(or newer) EPA Tier
2 model year engine
and emission
control technology
requirements if the
snowcoach:
(1) Has a GVWR
between 8,500 and
10,000 pounds; and
(2) Would achieve
better emission
results with a
configuration that
meets the Tier 2
requirements.
(C) Gasoline-fueled snowcoach greater than or The functional
equal to 10,000 GVWR. equivalent of 2008
(or newer) EPA Tier
2 model year engine
and emission
control technology
requirements.
(D) Gasoline-fueled snowcoach less than 10,000 The functional
GVWR. equivalent of 2007
(or newer) EPA Tier
2 model year engine
and emission
control technology
requirements.
------------------------------------------------------------------------
(iv) A snowcoach may not exceed a sound level of 75 dB(A) when
measured by operating the snowcoach at 25 mph, or at its maximum
cruising speed if that is less than 25 mph, for the test cycle in
accordance with the SAE J1161 test procedures.
(v) All emission-related exhaust components (as listed in the
applicable portion of 40 CFR 86.004-25) must function properly. These
emission-related components must be replaced with the original
equipment manufacturer (OEM) component, if practicable. If OEM parts
are not available, aftermarket parts may be used.
(vi) Operating a snowcoach with the original pollution control
equipment disabled or modified is prohibited.
(vii) Before the start of a winter season, a snowcoach manufacturer
or a commercial tour operator must demonstrate, by means acceptable to
the Superintendent, that a snowcoach meets the air and sound emission
standards. The NPS will test and certify snowcoaches for compliance
with air and sound emission requirements at locations in the park. A
snowcoach meeting the requirements for air and sound emissions may be
operated in the park through the winter season that begins no more than
10 years from the engine manufacture date, or longer if the snowcoach
is certified to meet performance-based emission standards established
by the Superintendent under paragraph (l)(4)(i) of this section.
(viii) Snowcoaches are subject to periodic and unannounced
inspections to determine compliance with the requirements of paragraph
(l)(4) of this section.
(ix) This paragraph (l)(4) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(5) Must I operate a certain model of snowmobile? Only snowmobiles
that meet NPS air and sound emissions requirements in this section may
be operated in the park. Before the start of a winter season, a
snowmobile
[[Page 63090]]
manufacturer must demonstrate, by means acceptable to the
Superintendent, that a snowmobile meets the air and sound emission
standards. The Superintendent will approve snowmobile makes, models,
and years of manufacture that meet those requirements. Any snowmobile
model not approved by the Superintendent may not be operated in the
park.
(6) What standards will the Superintendent use to approve
snowmobile makes, models, and years of manufacture for use in the park?
(i) Snowmobiles must meet the following air emission requirements:
(A) Through March 15, 2015, 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.
(B) As of December 15, 2015, 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
90 g/kW-hr for carbon monoxide.
(ii) Snowmobiles must meet the following sound emission
requirements:
(A) Through March 15, 2015, snowmobiles must operate at or below 73
dB(A) as measured at full throttle according to SAE J192 test
procedures (revised 1985). During this period, snowmobiles may be
tested at any barometric pressure equal to or above 23.4 inches Hg
uncorrected.
(B) As of December 15, 2015, snowmobiles must operate at or below
67 dB(A) as measured at cruising speed (approximately 35mph) in
accordance with SAE J1161 test procedures. Sound emissions tests must
be accomplished within the barometric pressure limits of the test
procedure; there will be no allowance for elevation. A population of
measurements for a snowmobile model may not exceed a mean output of 67
dB(A), and a single measurement may not exceed 69 dB(A). The
Superintendent may revise these testing procedures based on new
information or updates to the SAE J1161 testing procedures.
(iii) A snowmobile meeting the requirements for air and sound
emissions may be operated in the park for a period not exceeding six
years from the manufacturing date, or after the snowmobile has
travelled 6,000 miles, whichever occurs later.
(iv) Operating a snowmobile that has been modified in a manner that
may adversely affect air or sound emissions is prohibited.
(v) These air and sound emissions requirements do not apply to
snowmobiles operated on the Cave Falls Road in the park.
(vi) Snowmobiles are subject to periodic and unannounced
inspections to determine compliance with the requirements of paragraph
(l)(6) of this section.
(vii) This paragraph (l)(6) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(7) Where may I operate a snowmobile in Yellowstone National Park?
(i) You may operate an authorized snowmobile only upon designated
oversnow routes established within the park in accordance with 36 CFR
2.18(c). The following oversnow routes are so designated:
(A) Entrance roads: from the parking lot at Upper Terrace Drive
south of Mammoth Hot Springs to Norris Junction, from the park boundary
at West Yellowstone to Madison Junction, from the South Entrance to
West Thumb, and from the East Entrance to junction with the Grand Loop
Road.
(B) Grand Loop Road segments: from Norris Junction to Madison
Junction, from Madison Junction to West Thumb, from West Thumb to the
junction with the East Entrance Road, from Norris Junction to Canyon
Junction, and from Canyon Junction to the junction with the East
Entrance Road.
(C) Side roads: South Canyon Rim Drive, Lake Butte Road, Firehole
Canyon Drive, North Canyon Rim Drive, and Riverside Drive.
(D) Developed area roads in the areas of Madison Junction, Old
Faithful, Grant Village, West Thumb, Lake, East Entrance, Fishing
Bridge, Canyon, Indian Creek, and Norris.
(ii) The Superintendent may open or close these oversnow routes, or
portions thereof, for snowmobile travel after taking into consideration
the location of wintering wildlife, appropriate snow cover, public
safety, avalanche conditions, resource protection, park operations, use
patterns, and other factors. The Superintendent will provide public
notice of any opening or closing by one or more of the methods listed
in 36 CFR 1.7.
(iii) This paragraph (l)(7) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(iv) Maps detailing the designated oversnow routes are available at
Park Headquarters.
(8) What routes are designated for snowcoach use? (i) Authorized
snowcoaches may be operated on the routes designated for snowmobile use
in paragraph (l)(7)(i) of this section. Snowcoaches may be operated on
the Grand Loop Road from Canyon Junction to the Washburn Hot Springs
Overlook. In addition, rubber-tracked snowcoaches may be operated from
the park entrance at Gardiner, MT, to the parking lot of Upper Terrace
Drive and in the Mammoth Hot Springs developed area.
(ii) The Superintendent may open or close these oversnow routes, or
portions thereof, after taking into consideration the location of
wintering wildlife, appropriate snow cover, public safety, avalanche
conditions, resource protection, park operations, use patterns, and
other factors. The Superintendent will provide public notice of any
opening or closing by one of more of the methods listed in 36 CFR 1.7.
(iii) This paragraph (l)(8) also applies to non-administrative
snowcoach use by affiliated persons.
(9) Must I travel with a guide while snowmobiling in Yellowstone
and what other guiding requirements apply? (i) All visitors operating
snowmobiles in the park must be accompanied by a guide.
(ii) Unguided snowmobile access is prohibited.
(iii) The Superintendent will establish the requirements, including
training and certification requirements for commercial guides and non-
commercial guides and accompanying snowmobile operators.
(iv) Guided parties must travel together within one-third of a mile
of the first snowmobile in the group.
(v) Snowmobiles operated by non-commercial guides must be clearly
marked so that park personnel can easily ascertain which snowmobiles in
the park are part of a non-commercially guided group.
(vi) Non-commercial guides must obtain a special use permit from
the Non-commercially Guided Snowmobile Access Program prior to entering
the park with a non-commercially guided group.
(vii) The guiding requirements described in this paragraph (l)(9)
do not apply to Cave Falls Road.
(10) Are there limits upon the number of snowmobiles and
snowcoaches permitted to operate in the park each day? As of December
15, 2014, the number of snowmobiles and snowcoaches permitted to
operate in the park each day will be managed by transportation events,
as follows:
(i) A transportation event consists of a group of no more than 10
snowmobiles (including the snowmobile operated by the guide) or 1
snowcoach (unless enhanced emission standards allow for 2).
[[Page 63091]]
(ii) No more than 110 transportation events may occur in
Yellowstone National Park on any given day.
(iii) No more than 50 of the 110 transportation events allowed each
day may be snowmobile transportation events.
(iv) Four of the 50 snowmobile transportation events allowed each
day are reserved for non-commercially guided groups, with one such
group allowed per entrance per day. The Superintendent may adjust or
terminate the Non-commercially Guided Snowmobile Access Program, or
redistribute non-commercially guided transportation events, based upon
impacts to park resources, park operations, utilization rates, visitor
experiences, or other factors, after providing public notice in
accordance with one or more methods listed in 36 CFR 1.7.
(v) Transportation events allocated to commercial tour operators
may be exchanged among commercial tour operators, but only for the same
entrance or location.
(vi) Commercial tour operators may decide whether to use their
daily allocations of transportation events for snowmobiles or
snowcoaches, subject to the limits in this section.
(vii) Transportation events may not exceed the maximum number of
oversnow vehicles allowed for each transportation event.
(viii) Snowmobile transportation events conducted by a commercial
tour operator may not exceed an average of 7 snowmobiles, averaged over
the winter season. However, snowmobile transportation events conducted
by a commercial tour operator that consist entirely of snowmobiles
meeting enhanced emission standards may not exceed an average of 8
snowmobiles, averaged over the winter season. For the 2014-2015 winter
season only, snowmobile transportation events conducted by a commercial
tour operator that consist of any snowmobile that does not meet the air
emission requirements in paragraph (l)(6)(i)(B) of this section or the
sound emission requirements in paragraph (l)(6)(ii)(B) of this section
may not exceed an average of 7 snowmobiles, averaged daily.
(ix) Snowcoach transportation events that consist entirely of
snowcoaches meeting enhanced emission standards may not exceed an
average of 1.5 snowcoaches, averaged over the winter season.
(x) A commercial tour operator that is allocated a transportation
event, but does not use it or exchange it can count that event as ``0''
against that commercial tour operator's daily and seasonal averages. A
commercial tour operator that receives a transportation event from
another concessioner, but does not use it, may also count that event as
``0'' against its daily and seasonal averages.
(xi) Up to 50 snowmobiles may enter Cave Falls Road each day.
(xii) Daily allocations and entrance distributions for
transportation events are listed in the following table:
Daily Transportation Event Entry Limits by Park Entrance/Location
----------------------------------------------------------------------------------------------------------------
Snowcoach
Snowcoach transportation
Commercially Non-commercially transportation events if zero
guided guided events if all 50 commercially
Park entrance/location snowmobile snowmobile snowmobile guided
transportation transportation transportation snowmobile
events events events are used transportation
events are used*
----------------------------------------------------------------------------------------------------------------
West Entrance....................... 23 1 26 49
South Entrance...................... 17 1 8 25
East Entrance....................... 2 1 1 3
North Entrance...................... 2 1 13 15
Old Faithful........................ 2 0 12 14
---------------------------------------------------------------------------
Total........................... 46 4 60 106
----------------------------------------------------------------------------------------------------------------
* The remaining 4 transportation events are reserved for non-commercially guided snowmobiles.
(xiii) The Superintendent may decrease the maximum number of
transportation events allowed in the park each day, or make limited
changes to the transportation events allocated to each entrance, after
taking into consideration the location of wintering wildlife,
appropriate snow cover, public safety, avalanche conditions, park
operations, utilization rates, visitor experiences, or other factors.
The Superintendent will provide public notice of changes by one or more
of the methods listed in 36 CFR 1.7.
(xiv) For the 2013-2014 winter season only, the number of
snowmobiles and snowcoaches allowed to operate in the park each day is
limited to a certain number per entrance or location as set forth in
the following table. During this period, all snowmobiles operated by
park visitors must be accompanied by a commercial guide. Snowmobile
parties must travel in a group of no more than 11 snowmobiles,
including the guide.
Number of Snowmobiles and Snowcoaches Allowed in the Park on Any Day by
Park Entrance/Location for the 2013-2014 Winter Season
------------------------------------------------------------------------
Commercially Commercially
Park entrance/location guided guided
snowmobiles snowcoaches
------------------------------------------------------------------------
West Entrance..................... 160 34
South Entrance.................... 114 13
East Entrance..................... 20 2
North Entrance *.................. 12 13
[[Page 63092]]
Old Faithful *.................... 12 16
------------------------------------------------------------------------
* Commercially guided snowmobile tours originating at the North Entrance
and Old Faithful are currently provided solely by one concessioner.
Because this concessioner is the sole provider at both of these areas,
this regulation allows reallocation of snowmobiles between the North
Entrance and Old Faithful as necessary, so long as the total daily
number of snowmobiles originating from the two locations does not
exceed 24. For example, the concessioner could operate 6 snowmobiles
at Old Faithful and 18 at the North Entrance if visitor demand
warranted it. This will allow the concessioner to respond to changing
visitor demand for commercially guided snowmobile tours, thus
enhancing the availability of visitor services in Yellowstone.
(xv) Paragraph (l)(10)(xiv) remains in effect until March 15, 2014.
(11) How will the park monitor compliance with the required average
and maximum size of transportation events? As of December 15, 2014:
(i) Each commercial tour operator must maintain accurate and
complete records of the number of transportation events it has brought
into the park on a daily basis.
(ii) The records kept by commercial tour operators under paragraph
(l)(11)(i) of this section must be made available for inspection by the
park upon request.
(iii) Each commercial tour operator must submit a monthly report to
the park that includes the information below about snowmobile and
snowcoach use. We may require the report to be submitted more
frequently than monthly if it becomes necessary to more closely monitor
activities to protect natural or cultural resources in the park.
(A) Average group size for allocated transportation events during
the previous month and for the winter season to date. Any
transportation events that have been exchanged among commercial tour
operators must be noted and the receiving party must include these
transportation events in its reports.
(B) For each transportation event; the departure date, the duration
of the trip (in days), the event type (snowmobile or snowcoach), the
number of snowmobiles or snowcoaches, the number of visitors and
guides, the entrance used, route, and primary destinations, and if the
transportation event allocation was from another commercial tour
operator.
(iv) To qualify for the increased average size of snowmobile
transportation events or increased maximum size of snowcoach
transportation events, a commercial tour operator must:
(A) Demonstrate before the start of a winter season, by means
acceptable to the Superintendent, that his or her snowmobiles or
snowcoaches meet the enhanced emission standards; and
(B) Maintain separate records for snowmobiles and snowcoaches that
meet enhanced emission standards and those that do not to allow the
park to measure compliance with required average and maximum sizes of
transportation events.
(12) How will I know when I can operate a snowmobile or snowcoach
in the park? The Superintendent will:
(i) Determine the start and end dates of the winter season, which
will begin no earlier than December 15 and end no later than March 15
each year. The Superintendent will consider appropriate factors when
determining the length of the winter season, including adequate snow
cover, the location of wintering wildlife, public safety, resource
protection, park operations, and use patterns. Based upon these
factors, the Superintendent may determine that there will be no winter
season for oversnow vehicles or that certain areas of the park may be
closed to public OSV use.
(ii) Determine operating hours, dates, and use levels.
(iii) Notify the public of the start and end dates of the winter
season, operating hours, dates, use levels, and any applicable changes
through one or more of the methods listed in Sec. 1.7 of this chapter.
(iv) Except for emergency situations, announce annually any changes
to the operating hours, dates, and use levels.
(13) What other conditions apply to the operation of oversnow
vehicles? (i) The following are prohibited:
(A) Idling an oversnow vehicle for more than three 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 with 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 for emergency situations.
(H) Racing snowmobiles, or operating a snowmobile in excess of 35
mph, or operating a snowmobile in excess of any lower speed limit in
effect under Sec. 4.21(a)(1) or (2) of this chapter or that has been
otherwise designated.
(I) Operating a snowcoach in excess of 25 mph, or operating a
snowcoach in excess of any lower speed limit in effect under Sec.
4.21(a)(1) or (2) of this chapter or that has been otherwise
designated.
(ii) The following are required:
(A) All oversnow vehicles that stop on designated routes must pull
over to the far right and next to the snow berm. Pullouts must be used
where available and accessible. Oversnow vehicles may not be stopped in
a hazardous location or where the view might be obscured. Oversnow
vehicles may not be operated so slowly as to interfere with the normal
flow of traffic.
(B) Oversnow vehicle drivers must possess and carry at all times a
valid government-issued motor vehicle driver's license. 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 in the U.S. State or
Canadian Province of principal use and must display a valid
registration.
(E) The only motor vehicles permitted on oversnow routes are
oversnow vehicles.
(F) An oversnow vehicle that does not meet the definition of a
snowcoach must
[[Page 63093]]
comply with all requirements applicable to snowmobiles.
(iii) The Superintendent may impose other terms and conditions as
necessary to protect park resources, visitors, or employees. The
Superintendent will notify the public of any changes through one or
more methods listed in Sec. 1.7 of this chapter.
(iv) This paragraph (l)(13) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(14) What conditions apply to alcohol use while operating an
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions
apply:
(i) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the operator is under 21 years of age and
the alcohol concentration in the operator's blood or breath is 0.02
grams or more of alcohol per 100 milliliters of blood, or 0.02 grams or
more of alcohol per 210 liters of breath.
(ii) Operating or being in actual physical control of an oversnow
vehicle is prohibited when the operator is a guide 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 (1)(14) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(15) Do other NPS regulations apply to the use of oversnow
vehicles? (i) The use of oversnow vehicles in Yellowstone National Park
is subject to Sec. Sec. 2.18(a) and (c), but not subject to Sec. Sec.
2.18(b), (d), (e), and 2.19(b) of this chapter.
(ii) This paragraph (l)(15) also applies to non-administrative
oversnow vehicle use by affiliated persons.
(16) What forms of non-motorized oversnow transportation are
allowed in the park?
(i) Non-motorized travel consisting of skiing, skating,
snowshoeing, or walking is permitted unless otherwise restricted under
this section or other NPS regulations.
(ii) The Superintendent may designate areas of the park as closed,
reopen previously closed areas, or establish terms and conditions for
non-motorized travel within the park in order to protect visitors,
employees, or park resources. The Superintendent will notify the public
in accordance with Sec. 1.7 of this chapter.
(iii) Dog sledding and ski-joring (a skier being pulled by a dog,
horse, or vehicle) are prohibited. Bicycles, including bicycles
modified for oversnow travel, are prohibited on oversnow routes in
Yellowstone National Park.
(17) May I operate a snowplane in Yellowstone National Park? The
operation of a snowplane in Yellowstone National Park is prohibited.
(18) Is violating a provision of this section prohibited? (i)
Violating a term, condition, or requirement of paragraph (l) of this
section is prohibited.
(ii) Violation of a term, condition, or requirement of paragraph
(l) of this section by a guide may also result in the administrative
revocation of guiding privileges.
(19) Have the information collection requirements been approved?
The Office of Management and Budget has reviewed and approved the
information collection requirements in paragraph (l) and assigned OMB
Control No. 1024-0266. We will use this information to monitor
compliance with the required average and maximum size of transportation
events. The obligation to respond is required in order to obtain or
retain a benefit.
* * * * *
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-24238 Filed 10-22-13; 8:45 am]
BILLING CODE 4312-EJ-P