[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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