Commercial Vehicles in Yellowstone National Park

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