General Provisions; Electric Bicycles, 19711-19716 [2020-07163]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Proposed Rules]
[Pages 19711-19716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07163]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Parts 1 and 4

[NPS-WASO-REGS; 29978; GPO Deposit Account 4311H2]
RIN 1024-AE61


General Provisions; Electric Bicycles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes regulations governing the 
use of electric bicycles, or e-bikes, within the National Park System. 
This rule would define the term ``electric bicycle'' and establish 
rules for how electric bicycles may be used. This rule would implement 
Secretary of the Interior Order 3376, ``Increasing Recreational 
Opportunities through the use of

[[Page 19712]]

Electric Bikes,'' on lands administered by the National Park Service.

DATES: Comments on the proposed rule must be received by June 8, 2020.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE61, by either of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov and search for ``1024-AE61''. Follow the 
instructions for submitting comments.
    (2) By hard copy: Mail or hand deliver to: Jay Calhoun, Regulations 
Program Manager, National Park Service, 1849 C Street NW, MS-2472, 
Washington, DC 20240.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the RIN 1024-AE61 for this rulemaking. Bulk comments in any format 
(hard copy or electronic) submitted on behalf of others will not be 
accepted. Comments received may be posted without change to 
www.regulations.gov, including any personal information provided. The 
NPS seeks meaningful public input on this rule. The intent of this 
action is to address an emerging technology in a manner that 
accommodates visitors and increases opportunities for the public to 
recreate within and travel through the National Park System, while at 
the same time protecting the resources and values that draw millions of 
visitors each year.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov and search for ``1024-
AE61''.

FOR FURTHER INFORMATION CONTACT: Jay Calhoun, Regulations Program 
Manager, National Park Service; (202) 513-7112; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

Use and Management of Bicycles

    Bicycling is a popular recreational activity in many units of the 
National Park System. Cyclists of all skill levels and ages enjoy 
riding on park roads and designated bicycle trails for scenery, 
exercise, and adventure. Visitors bicycle alone, with friends, or with 
family. From leisurely rides to challenging alpine climbs, bicycles 
offer spectacular opportunities to experience the resources of the 
National Park System.
    National Park Service (NPS) regulations at 36 CFR 4.30 govern the 
use of bicycles on NPS-administered lands. These regulations identify 
where bicycles are allowed, manage how bicycles may be used, and allow 
superintendents to restrict bicycle use when necessary. Bicycles are 
allowed on park roads and parking areas open to public motor vehicles. 
Bicycles are also allowed on administrative roads that are closed to 
motor vehicle use by the public but open to motor vehicle use by the 
NPS for administrative purposes, but only after the superintendent 
determines that such bicycle use is consistent with protection of the 
park area's natural, scenic and aesthetic values, safety considerations 
and management objectives, and will not disturb wildlife or park 
resources. The use of bicycles on trails is subject to a thorough 
approval and review process. When bicycle use is proposed for a new or 
existing trail, the NPS must complete a planning process that evaluates 
bicycle use on the specific trail, including impacts to trail surface 
and soil conditions, maintenance costs, safety considerations, 
potential user conflicts, and methods to protect resources and mitigate 
impacts. For both new and existing trails, the NPS must complete an 
environmental assessment or environmental impact statement that 
concludes that bicycle use on the trail will have no significant 
impacts. The superintendent must prepare and the regional director must 
approve the same written determination that is required for allowing 
bicycles on administrative roads. Each of these documents must be made 
available for public review and comment. For new trails outside of 
developed areas, the NPS must publish a special regulation designating 
the trail for bicycle use, which is subject to a separate public 
comment period.
    Adherence to the procedures in these regulations helps ensure that 
bicycles are allowed only in locations where, in the judgment of the 
NPS, their use is appropriate and will not cause unacceptable impacts. 
The NPS has completed the process required by these regulations in many 
NPS units, including the following that have special regulations 
designating trails for bicycle use: Rocky Mountain National Park, 
Saguaro National Park, Cuyahoga Valley National Park, Hot Springs 
National Park, Grand Teton National Park, Mammoth Cave National Park, 
Sleeping Bear Dunes National Lakeshore, New River Gorge National River, 
Chattahoochee River National Recreation Area, Bryce Canyon National 
Park, Pea Ridge National Military Park, and Golden Gate National 
Recreation Area.

Introduction of Electric Bicycles

    While bicycling has been a decades-long tradition in many park 
areas, the appearance of electric bicycles, or e-bikes, is a relatively 
new phenomenon. An e-bike is a bicycle with a small electric motor that 
provides power to help move the bicycle. As they have become more 
popular both on and off NPS-managed lands, the NPS has recognized the 
need to address this emerging form of recreation so that it can 
exercise clear management authority over e-bikes and provide clarity to 
visitors and stakeholders such as visitor service providers.
    Similar to traditional bicycles, the NPS believes that, with proper 
management, the use of e-bikes may be an appropriate activity in many 
park areas. E-bikes advance the NPS's ``Healthy Parks Healthy People'' 
goals to promote national parks as a health resource.\1\ Specifically, 
e-bikes can increase bicycle access to and within parks. E-bikes make 
bicycle travel easier and more efficient because they allow bicyclists 
to travel farther with less effort. E-bikes can expand the option of 
bicycling to more people by providing a new option for those who want 
to ride a bicycle but might not otherwise do so because of physical 
fitness, age, or convenience, especially at high altitude or in hilly 
or strenuous terrain. Also, when used as an alternative to gasoline- or 
diesel-powered modes of transportation, e-bikes can reduce greenhouse 
gas emissions and fossil fuel consumption, improve air quality, and 
support active modes of transportation for park staff and visitors. 
Similar to traditional bicycles, e-bikes can decrease traffic 
congestion, reduce the demand for vehicle parking spaces, and increase 
the number and visibility of cyclists on the road.
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    \1\ For more information about how the NPS promotes the health 
and well-being of park visitors through the Healthy Parks Healthy 
People movement, visit https://www.nps.gov/subjects/health/and/safety/health-benefits-of-parks.htm.
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Policy Direction for Managing E-Bikes

Secretary's Order 3376

    On August 29, 2019, Secretary of the Interior Bernhardt signed 
Secretary's Order 3376, ``Increasing Recreational Opportunities through 
the use of Electric Bikes.'' The purpose of this Order is to increase 
recreational opportunities for all Americans, especially those with 
physical limitations, and to encourage the enjoyment of lands and 
waters managed by the Department of the Interior. The Order emphasizes 
the potential for e-bikes to reduce the physical demands of

[[Page 19713]]

operating a bicycle and therefore expand access to recreational 
opportunities, particularly for those with limitations stemming from 
age, illness, disability or fitness, and in more challenging 
environments, such as high altitudes or hilly terrain. E-bikes have an 
electric motor yet are operable in a similar manner to traditional 
bicycles and in many cases appear indistinguishable from them. For 
these reasons, the Order acknowledges there is regulatory uncertainty 
regarding whether e-bikes should be managed similar to other types of 
bicycles, or, alternatively, considered motor vehicles. The Order 
states that this regulatory uncertainty has led to inconsistent 
management of e-bikes across the Department and, in some cases, served 
to decrease access to Federally owned lands by users of e-bikes. In 
order to address these concerns, the Order directs the NPS and other 
Department of the Interior agencies to define e-bikes separately from 
motor vehicles and to allow them where other types of bicycles are 
allowed.

NPS Policy Memorandum 19-01

    On August 30, 2019, the Deputy Director of the NPS, Exercising the 
Authority of the Director, issued Policy Memorandum 19-01, Electric 
Bicycles. This policy satisfies a requirement in the Secretary's Order 
that all Department of the Interior agencies adopt policy and provide 
appropriate public guidance regarding the use of e-bikes on public 
lands that conforms to the policy direction set forth in the Order.
    The Memorandum defines an e-bike as ``a two- or three-wheeled cycle 
with fully operable pedals and an electric motor of less than 750 watts 
that provides propulsion assistance.'' This definition is consistent 
with the definition of ``low speed electric bicycle'' in the Consumer 
Product Safety Act (15 U.S.C. 2085), currently the only federal 
statutory definition of e-bikes, except that the definition in the 
Memorandum does not include the statutory requirement that an e-bike 
may not reach 20 mph on a paved level surface, when powered solely by 
the motor while ridden by an operator who weighs less than 170 pounds. 
Instead, the Memorandum, consistent with the Secretary's Order and many 
states that have promulgated regulations for e-bikes, refers to a 
three-class system that limits the maximum assisted speed of an e-bike:
     Class 1 electric bicycle means an electric bicycle 
equipped with a motor that provides assistance only when the rider is 
pedaling, and that ceases to provide assistance when the bicycle 
reaches the speed of 20 miles per hour.
     Class 2 electric bicycle means an electric bicycle 
equipped with a motor that may be used exclusively to propel the 
bicycle, and that is not capable of providing assistance when the 
bicycle reaches the speed of 20 miles per hour.
     Class 3 electric bicycle means an electric bicycle 
equipped with a motor that provides assistance only when the rider is 
pedaling, and that ceases to provide assistance when the bicycle 
reaches the speed of 28 miles per hour.
    Consistent with the Order, the Memorandum announces a policy that 
e-bikes are allowed where traditional bicycles are allowed and that e-
bikes are not allowed where traditional bicycles are prohibited. The 
Memorandum refers to regulations for bicycles in paragraphs (f), (g), 
and (h) of 36 CFR 4.30 that relate to closures and other use 
restrictions, other requirements, and prohibited acts. The Memorandum 
requires that these provisions also govern the use of e-bikes so that 
the use of e-bikes and bicycles are generally regulated in the same 
manner.
    Paragraph (f) of section 4.30 allows superintendents to limit or 
restrict or impose conditions on bicycle use or close any park road, 
trail, or portion thereof to bicycle use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives. The 
Memorandum authorizes superintendents to limit or restrict or impose 
conditions on e-bike use for the same reasons, provided the public is 
notified through one or more methods listed in 36 CFR 1.7. When using 
this authority, the Memorandum advises superintendents to understand 
state and local rules addressing e-bikes so that the use of e-bikes 
within a park area is not restricted more than in adjacent 
jurisdictions, to the extent possible.
    Paragraph (g) of section 4.30 states that bicycle use is subject to 
certain NPS regulations that apply to motor vehicles. Specifically, 
bicycle use is subject to regulations in sections 4.12 (Traffic control 
devices), 4.13 (Obstructing traffic), 4.20 (Right of way), 4.21 (Speed 
limits), 4.22 (Unsafe operation), 4.23 (Operating under the influence 
of alcohol or drugs). The Memorandum applies these provisions in the 
same manner to e-bikes. Paragraph (g) also states that, unless 
specifically addressed by NPS regulations, the use of a bicycle is 
governed by state law, which is adopted and made part of section 4.30. 
The Memorandum requires superintendents to adopt state law in the same 
manner for e-bikes. State laws concerning the definition, safety 
operation, and licensing of e-bikes vary from state to state. A growing 
number of states use the three-class system to differentiate between 
the models and top assisted speeds of e-bikes.
    Paragraph (h) of section 4.30 prohibits possessing a bicycle in 
wilderness and contains safety regulations for the use of bicycles. 
Specifically, paragraphs (h)(3)-(5) establish rules relating to 
operation during periods of low visibility, abreast of another bicycle, 
and with an open container of alcohol. The Memorandum applies these 
provisions in the same manner to e-bikes.
    The Memorandum directs the superintendents of any NPS unit with e-
bikes present to implement the actions required by the policy using 
their regulatory authority in 36 CFR 1.5(a)(2). This authority allows 
superintendents to designate areas for a specific use or activity, or 
impose conditions or restrictions on a use or activity. As of the date 
this proposed rule, more than 380 units of the National Park System 
have implemented the e-bike policy under the authority in 36 CFR 
1.5(a)(2) and have published notice of this action in the park-specific 
compilation of management actions required by 36 CFR 1.7(b), referred 
to as the superintendent's compendium. This means that for each of 
these NPS units, e-bikes are already allowed subject to the rules 
governing them that are set out in the compendium.

Proposed Rule

    As explained above, Secretary's Order 3376 directs the NPS to 
develop a proposed rule to revise 36 CFR 1.4 and any associated 
regulations to be consistent with the Order. Specifically, the Order 
directs the NPS to add a definition for e-bikes consistent with 15 
U.S.C. 2085, and expressly exempt all e-bikes as defined in the Order 
from the definition of motor vehicles.
    This rule would accomplish these directives. The rule would amend 
36 CFR 1.4 to add a new definition of ``electric bicycle'' that is the 
same as the definition used in the Policy Memorandum, with one minor 
difference. The definition in the Memorandum refers to the definition 
in the Consumer Product Safety Act (15 U.S.C. 2085) that limits the 
power of the motor to less than 750 watts. Many manufacturers sell e-
bikes with motors having exactly 750 watts. In order to avoid the 
unintended consequence of excluding many devices from the regulatory 
definition of an e-bike due to a one watt difference in power, the 
definition of e-bikes in the proposed

[[Page 19714]]

rule would include devices of not more than 750 watts.
    The rule would explicitly exclude e-bikes from the definition of 
``motor vehicle'' found at 36 CFR 1.4. This would make it clear that, 
except as stated in section 4.30(g), e-bikes are not subject to the 
regulations in 36 CFR part 4 that apply to the use of motor vehicles. 
The NPS does not need to change the existing definition of ``bicycle'' 
to distinguish them from e-bikes because the definition of bicycle 
includes only those devices that are ``solely human powered.'' E-bikes 
are excluded from this definition because they have an electric motor 
that helps power the device.
    Consistent with the Secretary's Order and the Policy Memorandum, 
the proposed rule would state that e-bikes may be allowed on roads, 
parking areas, administrative roads and trails that are open to 
traditional bicycles. The rule would also state that superintendents 
will designate the areas open to e-bikes and notify the public pursuant 
to 36 CFR 1.7. E-bikes would not be allowed in other locations. E-bikes 
would be allowed on administrative roads and trails where bicycles are 
allowed without the need to undertake the procedural steps in 
paragraphs (b)-(e) of section 4.30 that were required when traditional 
bicycles were first allowed in those locations. If a park 
superintendent proposes to designate an administrative road or trail 
for e-bike use where traditional bicycles are not yet allowed, the 
superintendent would need to follow the procedural steps required by 
paragraphs (b)-(e) in order to designate those locations for bicycle 
and e-bike use.
    Although they will be defined differently, the proposed rule would 
apply certain regulations that govern the use of bicycles to the use of 
e-bikes in the same manner as the Policy Memorandum. These regulations 
are explained in more detail above and include rules of operation and 
adoption of state law to the extent not addressed by NPS regulations. 
The rule would also give superintendents the authority to limit or 
restrict e-bike use after taking into consideration public health and 
safety, natural and cultural resource protection, and other management 
activities and objectives. If warranted by these criteria, 
superintendents may use this authority to manage e-bikes, or particular 
classes of e-bikes, differently than traditional bicycles in particular 
locations. For example, a superintendent could determine that a trail 
open to traditional bicycles should not be open to e-bikes, or should 
be open to class 1 e-bikes only. Every restriction or closure that 
limits the use of e-bikes will be supported by a written record 
explaining the basis for such action. The record will explain why e-
bikes are managed differently than traditional bicycles if that is the 
effect of the restriction or closure. All such restrictions and 
closures should be listed in the superintendent's compendium (or 
written compilation) of discretionary actions referred to in 36 CFR 
1.7(b).
    Except for administrative actions taken by the NPS in limited 
circumstances, the Wilderness Act prohibits mechanical transport in 
wilderness areas designated by Congress. 16 U.S.C. 1133(c). 
Accordingly, paragraph (h)(2) of section 4.30 prohibits possessing a 
bicycle, a form of mechanical transport, in a wilderness area 
established by Federal statute. For the same reason, the rule would 
prohibit the possession of e-bikes in designated wilderness areas, even 
though this prohibition already exists under the Wilderness Act.
    Except on park roads and other locations where the use of motor 
vehicles by the public is allowed, the rule would prohibit an operator 
from using the electric motor to move an e-bike without pedaling. This 
restriction is consistent with the Policy Memorandum and intended to 
allow the public to use e-bikes for transportation and recreation in a 
similar manner to traditional bicycles. It would only affect the use of 
class 2 e-bikes, which have a motor that may be used exclusively to 
propel the e-bike. The NPS specifically requests comment on whether 
this restriction is appropriate or workable. Alternatively, the NPS 
could allow superintendents to implement this restriction at the park 
level if necessary in specific locations.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. The OIRA has waived review of this 
proposed rule and, at the final rule stage, will make a separate 
decision as to whether the rule is a significant regulatory action as 
defined by Executive Order 12866.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. Executive Order 13563 emphasizes 
further that regulations must be based on the best available science 
and that the rulemaking process must allow for public participation and 
an open exchange of ideas. The NPS has developed this rule in a manner 
consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    Enabling regulations are considered deregulatory under guidance 
implementing E.O. 13771 (M-17-21). This rule would address regulatory 
uncertainty regarding the use of electric bicycles in the National Park 
System by clearly stating that they may be used where traditional 
bicycles are allowed.

Regulatory Flexibility Act

    This rule 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.). This certification is based on information 
contained in the economic analyses found in the report entitled ``Draft 
Cost-Benefit and Regulatory Flexibility Threshold Analyses: Proposed 
Regulations Addressing the Designation of Electric Bicycle Use in Units 
of the National Park System''. The report may be viewed online at 
www.regulations.gov by searching for ``1024-AE61''.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2). This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The

[[Page 19715]]

rule does not have a significant or unique effect on State, local or 
tribal governments or the private sector. It addresses public use of 
national park lands, and imposes no requirements on other agencies or 
governments. A statement containing the information required by the 
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This rule only 
affects the use of electric bicycles on federally-administered lands. 
It has no outside effects on other areas. A federalism summary impact 
statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. The NPS has evaluated 
this rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and have determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes.

Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required. The NPS may not conduct or sponsor and 
you are not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because the rule is covered by a categorical exclusion. The 
NPS has determined the rule is categorically excluded under 43 CFR 
46.210(i) which applies to ``policies, directives, regulations, and 
guidelines: that are of an administrative, financial, legal, technical, 
or procedural nature; or whose environmental effects are too broad, 
speculative, or conjectural to lend themselves to meaningful analysis 
and will later be subject to the NEPA process, either collectively or 
case-by-case.''
    Many units of the National Park System already allow the use of e-
bikes where traditional bicycles are allowed under the direction of the 
Policy Memorandum. The Policy Memorandum required those units to 
evaluate the environmental impacts of allowing e-bikes under NEPA. 
Because traditional bicycles were already an established presence in 
areas where e-bikes were recently allowed, traditional bicycles were 
part of the baseline of existing conditions from which the 
environmental impacts of e-bikes were measured. Therefore, the impacts 
potentially caused by the implementation of the Policy Memorandum were 
limited only to those impacts from e-bikes that differ from the 
existing impacts of traditional bicycles. As a result, for most units a 
categorical exclusion has applied.
    For those units that have already allowed e-bikes under the Policy 
Memorandum, this rule is administrative and legal in nature because it 
would simply clarify that superintendents have the authority to allow 
e-bikes in units, but does not change the management of e-bikes or 
require any action because the general statements in park compendiums 
that e-bikes are allowed wherever traditional bicycles are allowed 
would constitute a designation under this rule.
    In some units of the National Park System, the superintendent may 
have not yet opened bicycle trails to e-bikes, or may have closed a 
location to the use of e-bikes or otherwise restricted their use. In 
these units, any future decision to allow e-bikes in a new location or 
manner will be subject to an evaluation of the environmental impacts of 
that decision at that time. This will also be true for locations where, 
in the future, traditional bicycles and e-bikes are introduced for the 
first time. If a park superintendent proposes to designate an 
administrative road or trail for e-bike use where traditional bicycles 
are not yet allowed, the superintendent will need to follow the same 
procedural steps in order to designate those locations for bicycle and 
e-bike use. In both of the circumstances described above, the 
environmental effects of this rule are too speculative or conjectural 
at this time to lend themselves to meaningful analysis, and those later 
designations will be subject to the NEPA process.
    The NPS has also determined that the rule does not involve any of 
the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under NEPA.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects in not 
required.

List of Subjects

36 CFR Part 1

    National parks, Penalties, Reporting and recordkeeping 
requirements, Signs and symbols.

36 CFR Part 4

    National Parks, Traffic Regulations.
    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR parts 1 and 4 as set forth below:

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102.

0
2. Amend Sec.  1.4 by adding, in alphabetical order, a definition for 
``Electric bicycle'' and revising the definition for ``Motor vehicle'' 
to read as follows:


Sec.  1.4  What terms do I need to know?

    (a) * * *
* * * * *
    Electric bicycle means a two- or three-wheeled cycle with fully 
operable pedals and an electric motor of not more than 750 watts that 
meets the requirements of one of the following three classes:

[[Page 19716]]

    (1) ``Class 1 electric bicycle'' shall mean an electric bicycle 
equipped with a motor that provides assistance only when the rider is 
pedaling, and that ceases to provide assistance when the bicycle 
reaches the speed of 20 miles per hour.
    (2) ``Class 2 electric bicycle'' shall mean an electric bicycle 
equipped with a motor that may be used exclusively to propel the 
bicycle, and that is not capable of providing assistance when the 
bicycle reaches the speed of 20 miles per hour.
    (3) ``Class 3 electric bicycle'' shall mean an electric bicycle 
equipped with a motor that provides assistance only when the rider is 
pedaling, and that ceases to provide assistance when the bicycle 
reaches the speed of 28 miles per hour.
* * * * *
    Motor vehicle means every vehicle that is self-propelled and every 
vehicle that is propelled by electric power, but not operated on rails 
or water, except an electric bicycle, a snowmobile, and a motorized 
wheelchair.
* * * * *

PART 4--VEHICLES AND TRAFFIC SAFETY

0
3. The authority citation for part 4 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102.

0
4. Amend Sec.  4.30 by adding paragraph (i) to read as follows:


Sec.  4.30  Bicycles

* * * * *
    (i) Electric bicycles.
    (1) The use of an electric bicycle may be allowed on park roads, 
parking areas, and administrative roads and trails that are otherwise 
open to bicycles. The Superintendent will designate the areas open to 
electric bicycles and notify the public pursuant to 36 CFR 1.7.
    (2) The use of an electric bicycle is prohibited in locations not 
designated by the Superintendent under paragraph (i)(1) of this 
section.
    (3) Except where use of motor vehicles by the public is allowed, 
using the electric motor to move an electric bicycle without pedaling 
is prohibited.
    (4) Possessing an electric bicycle in a wilderness area established 
by Federal statute is prohibited.
    (5) A person operating or possessing an electric bicycle is subject 
to the following sections of this part that apply to bicycles: Sections 
4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(3)-(5).
    (6) Except as specified in this section, the use of an electric 
bicycle is governed by State law, which is adopted and made a part of 
this section. Any act in violation of State law adopted by this 
paragraph is prohibited.
    (7) Superintendents may limit or restrict or impose conditions on 
electric bicycle use, or may close any park road, parking area, 
administrative road, trail, or portion thereof to such electric bicycle 
use, or terminate such condition, closure, limit or restriction after:
    (i) Taking into consideration public health and safety, natural and 
cultural resource protection, and other management activities and 
objectives; and
    (ii) Notifying the public through one or more methods listed in 36 
CFR 1.7, including in the superintendent's compendium (or written 
compilation) of discretionary actions referred to in section 1.7(b).

George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-07163 Filed 4-7-20; 8:45 am]
BILLING CODE 4312-52-P