[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
