[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20863]


[[Page Unknown]]

[Federal Register: August 25, 1994]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AB82

 

Commercial Vehicles in Yellowstone National Park

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule defines the management and regulation of commercial 
traffic on roads in Yellowstone National Park, including that portion 
of U.S. Highway 191 that traverses the northwest corner of the park. 
The regulations are intended to authorize the operation of commercial 
vehicles on U.S. Highway 191, to prohibit the transport of hazardous 
materials on U.S. Highway 191 except under certain circumstances, and 
to update and consolidate permit procedures related to commercial 
vehicle operation on all park roads.

EFFECTIVE DATE: September 26, 1994.

FOR FURTHER INFORMATION CONTACT: Dan R. Sholly, Chief Ranger, P.O. Box 
168, Yellowstone National Park, Wyoming 82190. Telephone: 307-344-2101.

SUPPLEMENTARY INFORMATION:

Background

    U.S. Highway 191 passes through the northwest corner of Yellowstone 
National Park for approximately twenty-two miles. It is a federally 
funded highway and is maintained within Yellowstone by the State of 
Montana under the provisions of a Special Use Permit issued by the 
National Park Service (Yellowstone National Park).
    The wagon road which eventually became U.S. Highway 191 was 
constructed through Yellowstone in 1910 with the approval of the 
Secretary of the Interior at the sole expense of Gallatin County, 
Montana. The road was constructed ``to facilitate travel and commerce'' 
between residents in the southern portion of Gallatin County and the 
county seat located in Bozeman, Montana. From its inception, the 
purpose, historical use, and management of U.S. Highway 191 indicate 
that the highway was constructed, regulated, and maintained as a 
connecting route between Bozeman and West Yellowstone, Montana, for the 
principal purposes of commerce and convenience and only incidentally 
for access to Yellowstone National Park.
    The early differentiation of this route from other park roads was 
articulated in the Superintendent's Annual Report for 1913 and 1914, 
which stated in part:

    This is the only road in the park on which motor propelled 
vehicles are allowed and it is not a part of the regular tourist 
route.

    The ongoing intent to exempt U.S. Highway 191 from the general 
regulations related to commercial vehicles which govern other park 
roads is indicated in 36 CFR 5.4 (1993), which reads as follows:

Sec. 5.4  Commercial passenger-carrying motor vehicles.

    (a) The commercial transportation of passengers by motor 
vehicles except as authorized under a contract or permit from the 
Secretary or his authorized representative is prohibited in * * * 
Yellowstone (prohibition does not apply to non-scheduled tours as 
defined in Section 7.13 of this chapter, nor to that portion of U.S. 
Highway 191 traversing the northwest corner of the park) * * *

    Although use of U.S. Highway 191 has since expanded to include 
interstate travel, local commercial and non-commercial traffic remains 
the predominant use of the highway.
    In response to public interest in the management and regulation of 
commercial traffic on U.S. Highway 191 within Yellowstone National 
Park, the park conducted a series of three public meetings in 1987 and 
completed two environmental assessments (1990 and 1992) to evaluate the 
potential impacts of commercial traffic on natural and cultural 
resources and on visitor safety and experience.
    Among the concerns identified during this process was the potential 
for a hazardous material spill from a commercial vehicle accident to 
cause irreparable damage to riverine areas adjacent to the road; and 
the potential social and economic impacts of redirecting some or all of 
the commercial vehicle traffic to alternative routes.
    The alternative proposed in both environmental assessments was to 
authorize the continued use of U.S. Highway 191 by commercial vehicles, 
but to prohibit the transport of hazardous materials on U.S. Highway 
191 through the park. Local deliveries and removal of hazardous 
materials would be allowed under permits and conditions established by 
the superintendent. This alternative would significantly reduce the 
potential of a hazardous material spill in the park, yet would not 
cause significant economic impacts to local communities or the trucking 
industry that would result from a complete ban on commercial vehicles.
    Other concerns identified and evaluated in the environmental 
assessments included potential impacts to wildlife, visitor safety, and 
visitor experience created by the continued presence of, and noise 
levels created by, commercial traffic on U.S. Highway 191 through the 
park. These impacts were determined to be minor and temporary in 
effect. The NPS found that continued use of the highway by commercial 
traffic, excluding the transport of hazardous materials, caused no 
significant impact to resources or to the experience of park visitors.
    A Notice of Proposed Rulemaking (NPRM) was published in the Federal 
Register on September 15, 1993 (58 FR 48336). Based on this discussion, 
the NPS is today publishing final regulations as discussed below.

Purpose for Regulation

    The historical and current use of U.S. Highway 191 by commercial 
vehicles through Yellowstone National Park is in conflict with 36 CFR 
5.6. With the existing levels of interstate and local commercial 
vehicle traffic on U.S. Highway 191, there is significant public 
concern about the potential for hazardous materials spills in the park 
resulting from motor vehicle accidents.
    The general purpose of the regulations is to authorize the use of 
U.S. Highway 191 through the park by commercial vehicles; to prohibit 
the transport of hazardous materials on U.S. Highway 191 except when 
permitted under certain conditions; to delete out-of-date sections of 
the special regulations for Yellowstone related to speed limits and 
trucking permits; to establish general procedures for issuing permits 
to commercial vehicles operating on all park roads; to prohibit 
operating without a permit or in violation of a term or condition of a 
permit; and to provide for the suspension or revocation of a permit for 
failure to comply with a term or condition.



Analysis of Comments

    NPS received 125 timely comments on the proposed regulations during 
the comment period from September 15, 1993 to November 15, 1993. The 
majority (116) of the comments came from individuals, many of whom 
stated they live or own property in or near the Big Sky, Montana, area. 
Nine comments came from organizations or government entities. Of the 
total comments, 117 expressed general support of the proposed 
regulations and 8 expressed opposition. Of the 117 comments in favor of 
the proposed regulations, 72 expressed support without qualification. 
Twenty-eight expressed qualified support with a preference that a 
complete ban on commercial trucking on U.S. Highway 191 be imposed.
    This issue has been very controversial since public meetings were 
first held in 1987. Many local citizens have wanted a total ban on 
trucking through the park in order to reduce trucking outside the park 
near Big Sky, while the trucking industry has wanted no change 
whatsoever in the historical use. Considering the diverse, polarized 
points of view on this issue, the preference stated in this group of 28 
comments is not unexpected. A number of these comments also mentioned 
concerns about the speed limit and encouraged NPS to actively enforce 
the speed limit.
    Eight comments expressed qualified support for the proposal with a 
primary preference for a speed limit less than 55 mph for trucks. NPS 
believes that a reduced speed limit was adequately reviewed in the 1992 
environmental assessment that determined that an aggressively enforced 
55 mph speed limit would address safety, operational, and environmental 
concerns and would be consistent with the purposes for which the 
roadway was established. NPS intends to actively enforce the speed 
limit to the extent that staffing allows.
    Five comments expressed qualified support for the proposal with a 
preference for more restrictive regulation of the size/type of large 
trucks that are not carrying hazardous materials. It was specifically 
suggested that tandem and triple trailer rigs be prohibited. NPS notes 
that triple trailer rigs do not currently travel U.S. Highway 191 since 
they are already restricted under Mont. Code Ann. Sec. 61-10-124. A 
variety of alternative restrictions were considered and rejected in the 
environmental assessments, but restricting tandem trailer rigs was not 
one of them. The primary environmental and safety concerns identified 
in the two environmental assessments relate to the transport of 
hazardous materials. NPS has no traffic accident data to suggest that 
tandem trailer rigs are involved in or contribute to any more safety or 
environmental problems in the park than other types of commercial 
trucks.
    One of these comments also expressed concern that highly toxic 
materials such as biological or nuclear weapons may be transported 
without placarding for national security reasons. It was suggested that 
the language of the rule make clear that such materials may not be 
transported through the park. NPS is not aware of any unmarked 
biological warfare or nuclear materials being transported through the 
park. For the sake of consistency with standards currently followed by 
the transportation industry, the NPS rule purposefully relies upon the 
U.S. Department of Transportation for definitions and regulations 
related to the identification and placarding or marking of hazardous 
materials.
    One of these comments also suggested that wording be added so that 
operators transporting hazardous materials are held responsible for 
restoration, repair, or restitution for any and all environmental, 
property, or personal damage resulting from a hazardous material spill. 
NPS believes that this responsibility is already established under 42 
U.S.C. 9607, 33 CFR 153.405, and 40 CFR 263.30-31, which are applicable 
to park roads.
    In addition, a standard condition of all special use permits issued 
by the National Park Service (Form 10-114) is that ``the permittee 
shall pay the United States for any damage resulting from use of the 
permit which [sic] would not reasonably be inherent in the use which 
[sic] is being permitted''. NPS believes that hazardous materials 
spills are not ``reasonably inherent'' in the transport, when 
permitted, of hazardous materials through the park.
    Two trucking organizations and the Montana Department of 
Transportation expressed support for the proposed rule with 
recommendations for a clarification of permitting procedures and/or 
concern about the potential for permits to be required for non-
hazardous materials commercial vehicles on U.S. Highway 191. These 
concerns are discussed further in the Section-by-Section Analysis.
    One comment expressed support with a recommendation that a 
restriction be imposed to require trucks to maintain a 500 foot 
distance from other trucks. For the most part, national park areas 
assimilate traffic codes from the state where the park is located. In 
the case of U.S. Highway 191, portions of the road are within Montana 
and portions are within Wyoming. Both state motor vehicle codes have 
existing sections related to ``following too closely'' (Mont. Code Ann. 
Sec. 61-8-329 and Wyo. Stat. Sec. 31-5-210). Neither State stipulates 
that trucks maintain a minimum separation of 500 feet. The NPS believes 
that the applicable State regulations are adequate and that imposing a 
500 foot distance standard in the park is not justified by available 
traffic accident information and would be confusing to the public.
    Of the 8 responses opposed to the proposed regulations, 6 expressed 
that authorizing commercial vehicle use of U.S. Highway 191 was 
inappropriate, undesirable, or inconsistent with the intent of existing 
regulations. The original purpose and historical commercial use of the 
road predates the general regulations prohibiting commercial vehicles 
in national parks.
    Moreover, as discussed earlier, the NPS found that continued use of 
the highway by commercial traffic, excluding the transport of hazardous 
materials, would not adversely affect park resources or visitor 
experience. For these reasons, the NPS proposed the rule primarily to 
resolve the conflict between current regulation and existing use, with 
the intent being to authorize general commercial use of U.S. Highway 
191 subject to certain restrictions.
    Two commenters expressed that any restriction on commercial 
vehicles, such as the prohibition on hazardous materials transports, 
was unfair or unnecessary. NPS acknowledges that the rule is a 
compromise between two opposing viewpoints and that not all interested 
parties are supportive of the compromise.

Section by Section Analysis

    Although portions of the proposed rule apply to all park roads, 
virtually all comments focused primarily on the issues related 
specifically to U.S. Highway 191. Based on this response, the order of 
sections in the final rule has been changed slightly from that in the 
NPRM to improve the flow from Highway 191-specific sections to more 
general sections applicable to all park roads. Comments are addressed 
according to the section numbering used in the final rule.
    Section 7.13(a)(1). This section authorizes commercial vehicles to 
use U.S. Highway 191. One commenter expressed support for the 
authorization of commercial vehicles to use U.S. Highway 191 in 
Yellowstone, but was concerned that the restriction of hazardous 
materials transport on U.S. Highway 191 in Yellowstone may establish a 
precedent that would be expanded to include restrictions on commercial 
vehicles traveling on that portion of U.S. Highway 191 which passes 
through Grand Teton National Park. The Yellowstone special regulation 
is being promulgated primarily to address a particular and unique 
situation regarding the specific twenty-mile portion of U.S. Highway 
191 that travels through the northwest corner of Yellowstone National 
Park. The highway that travels from the West Entrance through the 
interior of the park to the South Entrance is not considered a portion 
of U.S. Highway 191 and is not opened to commercial vehicle use by this 
rule. Any future consideration of the regulations at Grand Teton 
National Park is not related to the Yellowstone situation and would 
require a separate rulemaking process with public review.
    As proposed, Section 7.13(a)(2), which was identified in the NPRM 
as section (a)(3), would have prohibited the transport of hazardous 
materials on all park roads including U.S. Highway 191 except under 
certain circumstances requiring a permit. This section was developed 
primarily to address issues related to U.S. Highway 191. All comments 
received on this section related only to U.S Highway 191. In part as a 
result of the focus of these comments, the NPS has realized that the 
general application of this section to other park roads raises complex 
issues related to park suppliers and hazardous materials deliveries to 
the Cooke City, Montana, area that were not evaluated in the two 
environmental assessments or addressed in the NPRM. To minimize 
confusion regarding hazardous materials transports on other park roads, 
which are currently managed under other permitting processes, the 
wording of this section in the final rule has been revised to limit its 
applicability specifically to U.S. Highway 191.
    Two commenters representing the commercial trucking industry 
suggested that the language as published in the NPRM for section 
7.13(a)(2) is ``overly broad'' when referring to Department of 
Transportation definitions and regulations found in 49 CFR Subtitle B. 
These commenters offered conflicting suggestions as to the most 
appropriate sections to cross-reference. The NPS agrees that more 
specific wording is appropriate and has revised the final wording of 
this section as follows:

The transporting on U.S. Highway 191 of any substance or combination 
of substances, including any hazardous substance, hazardous 
material, or hazardous waste as defined in 49 CFR 171.8 that 
requires placarding of the transport vehicle in accordance with 49 
CFR 177.823, or any marine pollutant that requires marking, as 
defined in 49 CFR Subtitle B, is prohibited; provided, however, that 
* * * (additional wording is italicized)

    One commenter suggested that the superintendent's authority to 
issue permits established in this section was essentially redundant 
with the permit authority established in Sec. 7.13(a)(4). In light of 
the changes in wording, the NPS disagrees. Section 7.13(a)(4) applies 
to commercial vehicles on all park roads and replaces, in part, section 
7.13(c), which is being deleted. Section 7.13(a)(2) applies 
specifically to the transport of hazardous materials on U.S. Highway 
191.
    With regard to U.S. Highway 191, the NPS believes that a clear 
distinction must be made between these two sections, in part because 
there are non-commercial vehicles, such as those from cooperating 
highway departments or land management agencies, that at times 
transport hazardous materials through the park. Since the overwhelming 
public concern identified in the two environmental assessments is the 
concern about the potential environmental impacts of a hazardous 
materials spill along U.S. Highway 191 in the park, the NPS believes it 
is appropriate to manage all hazardous materials transports, including 
commercial and non-commercial, under section 7.13(a)(2).
    The last portion of this section, as worded in the NPRM, received 
no specific public comments; however, it received considerable 
discussion within the NPS. As written in the NPRM, it stated as 
follows:

* * * provided, however, that the Superintendent may issue permits 
for the transportation of such substance or combination of 
substances, including hazardous waste, in emergencies, and shall 
issue permits when such transportation is necessary for access to 
lands within or adjacent to the park area to which access is 
otherwise not available.

It was noted that the wording was dissimilar to that of section (a)(4) 
with regard to establishing terms and conditions of a permit. It was 
also noted that the phrase ``shall issue permits when such 
transportation is necessary to access to lands within or adjacent to 
the park area to which access is not otherwise available'' may be 
subject to differing interpretations by constituencies on opposing 
sides of the issue.
    The development of this regulation as it applies to U.S. Highway 
191 has been very controversial locally and it has been the NPS's 
intent to resolve, rather than perpetuate, the ongoing controversy. It 
has also been and continues to be the intent of the NPS to allow that 
small proportion of operators who are delivering hazardous materials to 
the West Yellowstone area to continue to travel on U.S. Highway 191 
through the park as they have done in the past, subject to terms and 
conditions addressing resource protection, safety and other concerns as 
appropriate. Therefore, it is the NPS's intent that these regulations 
not specifically prohibit the superintendent from issuing permits to 
operators of motor vehicles making local deliveries of hazardous 
materials to that portion of Gallatin County, Montana, that is south or 
west of the park boundary at Milepost 11 on U.S. Highway 191.
    Upon further legal review, it was felt that the original language 
in NPRM would have denied the NPS the discretion to continue this 
practice. The last portion of this section has been revised in the 
final rule as follows:

* * * provided however, that the superintendent may issue permits 
and establish terms and conditions for the transportation of 
hazardous materials on park roads in emergencies or when such 
transportation is necessary for access to lands within or adjacent 
to the park area.

These changes in wording from that which was published in the NPRM are 
meant to clarify, but not alter, the intent and substance of the 
regulation.
    Finally, one commenter suggested that NPS clearly set forth the 
requirements for a permit so that it is not left to the subjective 
discretion of the superintendent. This concern is discussed below in 
Summary of Final Regulations and Required Permit Criteria.
    Section 7.13(a)(3), which was identified as section (a)(4) in the 
NPRM, states that operators who are permitted to transport hazardous 
materials through the park are not relieved from complying with 
applicable state and federal hazardous materials regulations. This 
section received only one comment suggesting that the reference to 49 
CFR Subtitle B was overly broad and that the reference should be to one 
specific section within the title. NPS disagrees with this commenter 
and believes that a broad reference is appropriate since it is the 
intent of this rule that all applicable U.S. Department of 
Transportation regulations related to the transport of hazardous 
materials by motor vehicles on public roadways are applicable in the 
park.
    Section 7.13(a)(4), which was identified as section (a)(2) in the 
NPRM, provides for the superintendent's authority to require permits 
and to establish terms and conditions for the operation of a commercial 
vehicle on any park road. This section, in part, replaces deleted 
Section 7.13(c), which established trucking permit procedures for 
emergency situations and for trucks traveling between the north and 
northeast entrances to the Cooke City, Montana, area. In addition, the 
deleted section also established a fixed permit fee schedule which is 
out-of-date and does not reflect current administrative costs.
    Several commenters representing the trucking industry or State 
departments of transportation expressed concern that the general 
wording of this section is overly broad in that the superintendent 
would potentially have the authority to administratively restrict or 
eliminate general commercial vehicle use of U.S. Highway 191 through 
the permitting process. The commenters were concerned that this would 
be in conflict with the proposal articulated in the Final Environmental 
Assessment and that the superintendent may become the focal point for 
political pressure should he or she have the discretion to restrict 
commercial traffic through permits. The NPS acknowledges these 
concerns, but for several reasons, disagrees with the perceived 
implications.
    First, the alternative adopted in the Final Environmental 
Assessment proposed ``to allow commercial traffic continued use of U.S. 
Highway 191 but to restrict the transportation of quantities and types 
of hazardous materials.'' Provisions included that the superintendent 
shall have the authority to issue permits specifically for the 
transportation of quantities and types of hazardous materials through 
the park under certain circumstances. This alternative did not propose 
to relinquish the superintendent's existing authority to establish 
public use limits as defined in section 1.5, or the authority to issue 
permits as defined in section 1.6.
    NPS believes that the general wording of Section 7.13(a)(4) is 
needed to address the management of commercial vehicle traffic on all 
park roads and is not limited to U.S. Highway 191. NPS also believes 
that requiring a permit for all commercial vehicles traveling on park 
roads other than U.S. Highway 191 is appropriate and consistent with 
the current regulations and existing practice.
    With regard to park roads other than U.S. Highway 191, the primary 
current commercial vehicle permittees are companies supplying goods, 
including petroleum products such as gasoline, propane and heating oil, 
to the Cooke City, Montana, area. It is the intent of the NPS that the 
superintendent would continue to issue permits to commercial vehicles 
which are providing the Cooke City area communities and tourism 
industry with essential goods and services. Under the terms and 
conditions of permit, the superintendent will exclude commercial uses 
of these roads which are not related to community or visitor services.
    As stated in the NPRM, the NPS has no intention of requiring a 
permit under existing conditions for ``general'' commercial traffic 
that is not transporting hazardous materials on U.S. Highway 191 
through the park as authorized by section 7.13(a)(1). The NPS believes 
that it currently is neither justifiable nor administratively feasible 
to require permits for such traffic. However, consistent with the 
authority granted in 36 CFR 1.5 to establish public use limits and in 
36 CFR 1.6 to manage those limits through the permit process, the NPS 
reserves the authority to manage that use through a permit process 
should unforeseeable circumstances occur in the future.
    The NPS believes that section 1.5 contains adequate safeguards to 
prevent a superintendent from being politically coerced into 
establishing arbitrary or unjustified public use limits relative to 
commercial vehicle use of U.S. Highway 191. Section 1.5(b) states:

Except in emergency situations, a closure, designation, use or 
activity restriction or condition, or the termination or relaxation 
of such, which is of a nature, magnitude and duration that will 
result in the public use pattern of the park area, adversely affect 
the park's natural, aesthetic, scenic or cultural values, require a 
long-term or significant modification in the resource management 
objectives of the unit, or is a highly controversial nature, shall 
be published as rulemaking in the Federal Register.''

Clearly, significant restrictions or changes in use limits relative to 
U.S. Highway 191 would require the promulgation of regulations allowing 
for public input. Since the new 36 CFR 7.13(a)(1) explicitly authorizes 
commercial traffic not carrying hazardous materials to use U.S. Highway 
191, the NPS believes that the superintendent is not empowered to 
prohibit such use through a permit requirement. The superintendent's 
authority would be to issue permits to impose use limits, which would 
have to meet the criteria defined in Section 1.5.
    One of these commenters went further to suggest that the authority 
of the superintendent under 36 CFR 1.6(a) to issue permits applies only 
when necessary to allow an otherwise prohibited or restricted activity. 
The commenter stated that once the use of U.S. Highway 191 by 
commercial vehicles transporting commodities other than hazardous 
materials is authorized by Section 7.13(a)(1), then the Superintendent 
would not have the authority to issue permits related to that use. 36 
CFR 1.6(a) states:

When authorized by regulations set forth in this chapter, the 
Superintendent may issue a permit to authorize an otherwise 
prohibited or restricted activity or (italics added for emphasis) 
impose a public use limit.

There is clear legal precedence that the superintendent may issue 
permits to impose a public use limit on an activity that is not 
otherwise prohibited or restricted. Therefore, the NPS believes there 
is no ambiguity raised by the wording of this section.
    One commenter expressed that should the NPS choose to require a 
permit in the future for general commercial vehicle use of U.S. Highway 
191, then all commercial traffic, interstate and intrastate, would have 
to be permitted according to the Commerce Clause of the U.S. 
Constitution, Art. 1, Section 8, Clause 3. The NPS disagrees with this 
contention. The NPS promulgates regulations governing activities in the 
National Park System pursuant to the delegation of authority from 
Congress in 16 U.S.C. 3. That delegation by Congress was made under the 
Property Clause, Art. 4, Section 3, Clause 2, of the Constitution. 
While this regulation imposes limits on commerce, it does so 
incidentally to the necessary and appropriate exercise of Property 
Clause powers.
    One commenter expressed concern that the ``permit fee'' may be 
misconstrued as a ``fee for use'', which in the commenter's opinion 
would be inappropriate. National Park Service Guideline NPS-53, Special 
Park Uses, provides for charging a permit fee based, in part, on the 
administrative costs of issuing a permit and monitoring and enforcing 
permit conditions, which is the intent of the proposed rule as 
described in the NPRM.
    Section 7.13(a)(5) prohibits violating a term or condition of the 
permit and provides for the suspension or revocation of a permit should 
a violation occur. This section received one comment expressing concern 
about what sorts of ``violation'' may constitute grounds to suspend or 
revoke the permit to transport a hazardous material. It was pointed out 
that a minor, technical violation, such as the inadvertent loss of one 
of the four required hazardous material placards, may constitute a 
technical violation of a permit condition. The commenter questioned 
whether such a violation was significant enough to warrant loss of the 
permit and asked that NPS clarify what kind of violation will actually 
result in the revocation of a permit to haul hazardous materials on 
U.S. Highway 191 within Yellowstone National Park.
    NPS does not disagree with this concern. However, general wording 
such as this is standard in all sections of 36 CFR relating to permits 
including Sections 1.6 and 5.6. This issue is discussed below under 
Required Permit Criteria.
    Section 7.13(f) changes the name of the existing section from 
``Commercial automobiles and buses'' to ``Commercial passenger carrying 
vehicles''. No comments were received related to the name change of 
this section. The intent is to make the title of this section parallel 
to that of general regulation Section 5.4, the section upon which 
Section 7.13(f) is based.

Summary of Final Regulations and Required Permit Criteria

    In general, permit procedures for commercial vehicles and/or 
hazardous materials transports will be in accordance with 36 CFR 1.6 
and NPS guidelines (as amended or supplemented). The special use permit 
form (10-114) will be used for commercial vehicle and hazardous 
materials permits. Park suppliers are permitted through a different 
process. Permits may be applied for during normal business hours by 
visiting, telephoning, or telefaxing the Visitor Services Office (VSO) 
in the administration building at Mammoth Hot Springs. The VSO 
telephone number is 307-344-2115; FAX number is 307-344-2104.
    These regulations differentiate between the transportation of 
hazardous materials on U.S. Highway 191 and commercial vehicle use. The 
special use permit form will be used to manage either or both 
activities. Specific terms and conditions of the permit may vary 
depending upon the use(s) requested. In most cases, one permitting 
document will be utilized to authorize and manage the specific use.
    Vehicles regularly or frequently requiring a special use permit 
will generally be issued a permit which is valid for a period of one 
year. Vehicles that have a one-time, limited duration, or emergency 
need for a permit will be issued short term permits with a limited 
period of validity. Permit fees will be established in accordance with 
NPS guidelines (as amended or supplemented). A permit fee schedule will 
be reviewed, adjusted if appropriate, and published in the 
superintendent's compendium annually.
    General conditions of a special use permit are stated on the permit 
form (10-114). These conditions include that the permittee is expected 
to comply with applicable State and Federal regulations, which in the 
case of commercial vehicles includes motor vehicle codes and may 
include hazardous materials regulations depending upon the situation. 
Another standard condition of the permit is that the permittee is 
financially responsible for any damage resulting from the authorized 
use that would not reasonably be inherent in the use, such as a 
hazardous material spill.
    In accordance with applicable NPS guidelines, special park 
conditions may be appended to the form. Depending upon the 
circumstances, these may include time-of-travel restrictions, safety 
requirements, damage mitigation requirements, and provisions for 
revoking or terminating a permit.
    As with all other NPS permits, violations of terms or conditions of 
a special use permit will be administratively reviewed on a case by 
case basis to determine if suspension or revocation is appropriate. In 
general, permits will not be suspended or revoked unless violations 
occur that threaten or damage park resources, that create or sustain an 
imminent hazard to public health or safety, or that indicate recurring 
non-compliance with applicable regulations.

Effective Date

    This final regulation is effective 30 days after publication in the 
Federal Register.

Paperwork Reduction Act

    The collections of information contained in this rule have been 
approved by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq. and assigned clearance number 1024-0026. The information will be 
used to document and authorize special uses of public lands that are 
otherwise restricted. Permits are necessary to determine whether a 
proposed activity is authorized by law and to evaluate the potential 
effects on park resources. Response is required to obtain a benefit in 
accordance with 36 CFR 7.13. Public reporting burden for this 
information is estimated to average one-half hour per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information. Send comments regarding this 
burden estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to Information 
Collection Officer, National Park Service, 800 North Capitol, P.O. Box 
37127, Washington, DC. 20013-7127; and the Office of Management and 
Budget, Paperwork Reduction Project (1024-0026) Washington, DC. 20503.

Compliance With Other Laws

    The National Park Service prepared two environmental assessments 
for regulation of commercial traffic on U.S. Highway 191. The first was 
released for public review in 1990. Since that assessment did not fully 
analyze alternative routes, impacts to commodity distribution, and 
other economic factors, a revised environmental assessment was 
prepared. The latter assessment was made available for public review 
October 16, 1991 through December 1, 1991. On July 31, 1992, the 
National Park Service signed a Finding of No Significant Impact (FONSI) 
for the proposal, which would allow commercial traffic on U.S. Highway 
191, but prohibit the transportation of hazardous materials requiring 
placarding through Yellowstone National Park. Copies of these 
Environmental Assessments are available from the Chief Ranger's Office 
at the above address.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. In accordance with the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) which became effective January 
1, 1981, the Service has determined that these proposed regulations 
will not have a significant economic effect on a substantial number of 
small entities, nor will they require the preparation of a regulatory 
analysis. The proposed regulations would impose no significant costs on 
any class or group of small entities. This conclusion is based on the 
fact that no existing uses are being curtailed, except for the proposed 
prohibition on a very small percentage of vehicles which are carrying 
hazardous materials.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and record keeping requirements.

    In consideration of the foregoing, 36 CFR Chapter I is amended as 
follows:

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

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

    Authority: 16 U.S.C. 3.

    2. Section 7.13 is amended by revising paragraph (a), removing and 
reserving paragraph (c), and revising the heading of paragraph (f) to 
read as follows:


Sec. 7.13  Yellowstone National Park.

    (a) Commercial Vehicles. (1) Notwithstanding the prohibition of 
commercial vehicles set forth in Section 5.6 of this Chapter, 
commercial vehicles are allowed to operate on U.S. Highway 191 in 
accordance with the provisions of this Section.
    (2) The transporting on U.S. Highway 191 of any substance or 
combination of substances, including any hazardous substance, hazardous 
material, or hazardous waste as defined in 49 CFR 171.8 that requires 
placarding of the transport vehicle in accordance with 49 CFR 177.823 
or any marine pollutant that requires marking as defined in 49 CFR 
Subtitle B, is prohibited; provided, however, that the superintendent 
may issue permits and establish terms and conditions for the 
transportation of hazardous materials on U.S. Highway 191 in 
emergencies or when such transportation is necessary for access to 
lands within or adjacent to the park area.
    (3) The operator of a motor vehicle transporting any hazardous 
substance, hazardous material, hazardous waste, or marine pollutant in 
accordance with a permit issued under this section is not relieved in 
any manner from complying with all applicable regulations in 49 CFR 
Subtitle B, or with any other State or federal laws and regulations 
applicable to the transportation of any hazardous substance, hazardous 
material, hazardous waste, or marine pollutant.
    (4) The superintendent may require a permit and establish terms and 
conditions for the operation of a commercial vehicle on any park road 
in accordance with section 1.6 of this Chapter. The superintendent may 
charge a fee for permits in accordance with a fee schedule established 
annually.
    (5) Operating without, or violating a term or condition of, a 
permit issued in accordance with this section is prohibited. In 
addition, violating a term or condition of a permit may result in the 
suspension or revocation of the permit.
* * * * *
    (c) [Reserved]
* * * * *
    (f) Commercial passenger-carrying vehicles. * * *
* * * * *
    Dated: August 18, 1994.
George T. Frampton Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-20863 Filed 8-24-94; 8:45 am]
BILLING CODE 4310-70-P