[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2579-2581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1200]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC30
Badlands National Park, Commercial Vehicles
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is implementing this final
rule to exempt local commercial vehicle traffic on the 5.8 miles of
park roads between the park's Northeast and Interior Entrances from the
general prohibition on the use of NPS roads by commercial vehicles. The
Superintendent will retain sufficient discretion: To require permits
for local commercial vehicles traveling within or through the park;
establish terms and conditions of such permits; and annually establish
and adjust fees for such use based on current administrative costs. The
rule will prohibit the transportation of hazardous materials on all
park roads, except in limited circumstances. The rule will also
prohibit certain oversize/overweight vehicles on all park roads, except
in limited circumstances.
EFFECTIVE DATE: This rule is effective on February 18, 1997.
FOR FURTHER INFORMATION CONTACT: Irvin L. Mortenson, Superintendent,
Badlands National Park, P.O. Box 6, Interior, SD 57750. Telephone 605-
433-5361.
SUPPLEMENTARY INFORMATION:
Background
South Dakota Route 240, from Exit 131 on Interstate 90, passes
through the northeast corner of Badlands National Park, traversing the
Badlands ``Wall'' at Cedar Pass and intersects with South Dakota Route
377 which, in turn, connects with South Dakota Route 44 at the town of
Interior. In 1929, Congress passed legislation authorizing the
establishment of Badlands National Monument, subject to the condition
``that the State of South Dakota first construct 30 miles of highways
through the `proposed park' area in a manner satisfactory to the
Secretary of Interior.'' After the State of South Dakota completed the
highway construction, Badlands National Monument was proclaimed on
January 25, 1939. In 1941, the State relinquished ownership to roads
within the Monument's boundary.
A general park regulation, 36 CFR 5.6, prohibits commercial traffic
in National Parks. Under the final regulation, local commercial traffic
would be allowed to use the park road connecting the Northeast entrance
and the Interior entrance. The transportation of certain hazardous
materials and oversize/overweight vehicles on park roads will be
prohibited, except as permitted by the Superintendent. The NPS may
allow transportation of certain hazardous materials on park roads as
necessary to provide access to otherwise inaccessible lands within or
contiguous to the park, or in emergency situations as determined by the
Superintendent.
The paving of South Dakota Highway 44 in 1986 considerably changed
the park's recreational and commercial vehicle patterns and number. In
December of 1989, in response to these increases, Badlands National
Park mailed over 500 ``scoping brochures'' to various organizations,
agencies and individuals seeking public participation in the
development of alternatives for the management of commercial traffic in
the park. A public scoping meeting was held on January 24, 1990, in
Interior, South Dakota, attended by approximately 115 people. Following
the public meeting, written comments also were solicited. Public input
was received during review of the environmental assessment prepared for
the regulation of commercial traffic. This review occurred in April of
1990. Public comments received during that time and NPS review of the
issues are reflected in the proposed rule.
Existing Conditions
Local commercial vehicles and some long haul trucks continue to
travel through the Badlands National Park's northeast corner on 5.8
miles of park road between the Northeast and the Interior Entrances.
South Dakota Route 240 connects with the Badlands Loop Road at the
Northeast Entrance and South Dakota Route 377 connects to the park road
at the Interior Entrance. South Dakota Routes 240 and 377 are exterior
to park boundaries and are maintained by the State of South Dakota only
up to the park boundaries. Inside the park, road maintenance is the
responsibility of the NPS.
South Dakota Routes 240 and 377 are two-lane, paved rural highways
designed for a 55-mph speed limit for all vehicle types. The park roads
are two-lane, paved roads designed for 45 mph and 25 mph speed limits.
Their purpose, as defined by the Park Road Standards for the National
Park System,
* * * ``(R)emains in sharp contrast to that of the Federal and
State highway systems. Park roads are not intended to provide fast
and convenient transportation; they are intended to enhance visitor
experience while providing safe and efficient accommodation of park
visitors and to serve essential management access needs. They are
not, therefore intended nor designed as continuations of the State
and Federal-aid network.''
Conclusion
Based on available data on road use and relevant environmental
analysis, the impact of local commercial traffic on park roads within
Badlands National Park is not sufficient to compel the NPS to prohibit
all local commercial traffic on park roads between the Northeast
[[Page 2580]]
and Interior Entrances. The NPS recognizes the potential hazard posed
by the transportation of certain hazardous materials and oversize/
overweight vehicles through the park and will regulate or prohibit such
use. Those local commercial vehicles carrying hazardous materials that
require placarding, or marine pollutants that require marking according
to U.S. Department of Transportation regulations, must first obtain a
permit when such transportation is necessary for access to lands within
or adjacent to the park, where access is not otherwise available, or in
emergency situations as determined by the Superintendent. Exceptions
include local bulk deliveries of gasoline, diesel, LP gas and certain
oversize/overweight agricultural vehicles as provided for by South
Dakota State Law. The NPS proposed regulation will not regulate state
highways or traffic outside of Badlands National Park.
The rule will allow only those vehicles that originate from, or are
destined to, U.S. Postal Service ZIP codes within a 45-mile radius of
Cedar Pass in Badlands National Park. These Postal Service ZIP codes,
which are in close proximity to the park, were chosen because nearly
all the commercial traffic accessing the park originates from these
areas. The use of geographic County designations for commercial access
to the park would not be appropriate because, with the Counties being
so large, thousands of additional commercial vehicles could claim entry
to the park. The allowable ZIP code service area includes the following
towns:
Allen 57714
Belvedere 57521
Cottonwood 57775
Creighton 57729
Interior 57750
Kadoka 57543
Kyle 57752
Long Valley 57547
Owanka 57767
Philip 57567
Scenic 57780
Wall 57790
Wanblee 57577
Wasta 57791
The NPS prepared an Environmental Assessment (EA) addressing
commercial traffic on park roads. The assessment was released for
public review in 1990. On March 19, 1990, the Regional Director for the
Rocky Mountain Region, National Park Service, signed a Finding of No
Significant Impact (FONSI) for the proposal, which would allow local
commercial traffic on park roads between the park's Northeast and
Interior Entrances, but continue the prohibition of the transportation
of certain hazardous materials requiring placarding and certain
oversize/overweight cargos through Badlands National Park. Copies of
this EA are available from the Chief Ranger's Office.
Summary of Public Comments
The proposed rule, which was published in the Federal Register on
August 7, 1996 (61 FR 41058), afforded the public an opportunity to
comment for a period of 60 days, from August 7 to October 7, 1995. No
comments were received by the office of the Superintendent at Badlands
National Park.
Drafting Information
The principal authors of this proposed rulemaking are Irvin L.
Mortenson, Superintendent, former District Ranger Stan Robins, Badlands
National Park and Dennis Burnett, Washington Office of Ranger
Activities.
Paperwork Reduction Act
The collection of information contained in the permit section of
this rule is for the purpose of determining which commercial vehicles
meet the requirements allowing them to travel through the park. This
collection of information is necessary to issue the permit and has
previously been approved by the Office of Management and Budget under
44 U.S.C. 3501 et seq. and assigned clearance number 1024-0124 in
accordance with the Paperwork Reduction Act of 1995.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The economic effects of this rulemaking are
local in nature and negligible in scope.
The Service has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed rule
will not impose a cost of $100 million or more in any given year on
local, State, or tribal governments or private entities.
An Environmental Assessment was issued in 1990 under the provisions
of the National Environmental Policy Act and a Finding of No
Significant Impact signed on June 19, 1990.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
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. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
2. Section 7.23 is added to read as follows:
Sec. 7.23 Badlands National Park.
(a) Commercial vehicles. (1) Notwithstanding the prohibition of
commercial vehicles set forth in Sec. 5.6 of this chapter, local
commercial vehicles may operate on the park road between the Northeast
entrance and the Interior entrance in accordance with the provisions of
this section.
(2) The term ``Local Commercial Vehicles'', as used in this
section, will include the definition of ``commercial vehicle'' in
Sec. 5.6(a), but specifically includes only those vehicles that
originate from, or are destined to, the following U.S. Postal Service
ZIP code areas:
Allen 57714
Belvedere 57521
Cottonwood 57775
Creighton 57729
Interior 57750
Kadoka 57543
Kyle 57752
Long Valley 57547
Owanka 57767
Philip 57567
Scenic 57780
Wall 57790
Wanblee 57577
Wasta 57791
(3) The Superintendent may require a permit and establish terms and
conditions in accordance with Sec. 1.6 of this chapter for the
operation of local commercial vehicles on the park road between the
park's Northeast and Interior entrances. The Superintendent may charge
a fee for any permits issued to commercial vehicles in accordance with
a fee schedule established annually.
(4) The commercial transport on the park road between the Northeast
and Interior entrances of any substance or combination of substances,
including any hazardous substance, hazardous material, or hazardous
waste that requires placarding, or any marine
[[Page 2581]]
pollutant that requires marking, as defined in 49 CFR Subtitle B, is
prohibited; except for local bulk deliveries of gasoline, fuel oil and
LP gas; provided, however, that the Superintendent may issue permits
for the transportation of such substance or combination of substances,
including hazardous waste, in emergencies, and may 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 as provided
in 36 CFR 5.6.
(5) 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.
(6) The transportation or use of oversize or overweight commercial
vehicles on the park road between the Northeast and Interior entrances
is prohibited; provided, however that the Superintendent may issue
permits for transportation or use of such vehicles and may condition
such permits on the use of special routes within the park in order to
minimize impacts to park facilities and resources and also may issue
permits when the transportation or use of such vehicles is necessary
for access to lands within or adjacent to the park area to which access
is otherwise not available as provided in 36 CFR 5.6.
(7) 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.
(b) [Reserved]
Dated: December 5, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-1200 Filed 1-16-97; 8:45 am]
BILLING CODE 4310-70-P
