Badlands National Park, Commercial Vehicles

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

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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

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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