Increasing Recreational Opportunities Through the Use of Electric Bikes, 20229-20234 [2020-07099]
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Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Proposed Rules
The comment period for the
advance notice of proposed rulemaking
published February 14, 2020, at 85 FR
8516, is extended. Comments should be
received on or before July 14, 2020.
ADDRESSES: Submit comments by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: docket@access-board.gov.
Include docket number ATBCB–2020–
0002 in the subject line of the message.
• Fax: 202–272–0081.
• Mail or Hand Delivery/Courier:
Office of Technical and Information
Services, U.S. Access Board, 1331 F
Street NW, Suite 1000, Washington, DC
20004–1111.
All comments received, including any
personal information provided, will be
posted without change to https://
www.regulations.gov.
DATES:
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FOR FURTHER INFORMATION CONTACT:
Technical information: Juliet Shoultz,
(202) 272–0045, Email: shoultz@accessboard.gov. Legal information: Wendy
Marshall, (202) 272–0043, marshall@
access-board.gov.
SUPPLEMENTARY INFORMATION: On
February 14, 2020, the Architectural and
Transportation Barriers Compliance
Board (Access Board) issued an advance
notice of proposed rulemaking to begin
the process of updating its existing
accessibility guidelines for rail vehicles
covered by the Americans with
Disabilities Act. See 85 FR 8516,
February 14, 2020. In that document,
the Access Board requested comments
by May 14, 2020.
On March 26, 2020, the American
Public Transit Association (APTA)
requested that the 90-day comment
period be extended for an additional 60
days to allow for a more thorough,
careful review of the 25 technical
questions posed by the Board. APTA
continued that ‘‘given the pandemic and
national emergency declarations, our
members who are concerned about this
issue have been pulled away to work on
essential functions. Thus, the additional
time would allow APTA members to
collaborate and develop thoughtful
responses to the Access Board’s
questions.’’
Although the Access Board has
already provided a 90-day comment
period and held a public hearing on the
ANPRM, the Board will provide
additional time for the public to submit
comments.
David M. Capozzi,
Executive Director.
[FR Doc. 2020–07292 Filed 4–9–20; 8:45 am]
BILLING CODE 8150–01–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8340
[LLWO430000.L12200000.XM0000.20x 24
1A]
RIN 1004–AE72
Increasing Recreational Opportunities
Through the Use of Electric Bikes
Bureau of Land Management,
Interior.
ACTION: Proposed rule.
AGENCY:
The Bureau of Land
Management (BLM) proposes to amend
its off-road vehicle regulations to add a
definition for electric bikes (e-bikes)
and, where certain criteria are met and
an authorized officer expressly
determines through a formal decision
that e-bikes should be treated the same
as non-motorized bicycles, expressly
exempt those e-bikes from the definition
of off-road vehicles. This proposed
change would facilitate increased
recreational opportunities for all
Americans, especially those with
physical limitations, and would
encourage the enjoyment of lands and
waters managed by the BLM.
DATES: Please submit comments on or
before June 9, 2020.
ADDRESSES: You may submit comments,
identified by the number RIN 1004–
AE72, by any of the following methods:
—Mail/Personal or messenger
delivery: U.S. Department of the
Interior, Director (630), Bureau of Land
Management, Mail Stop 2134 LM, 1849
C St. NW, Attention: RIN 1004–AE72,
Washington, DC 20240.
—Federal eRulemaking portal: https://
www.regulations.gov. In the Searchbox,
enter ‘‘RIN 1004–AE72’’ and click the
Search button. Follow the instruction at
this website.
FOR FURTHER INFORMATION CONTACT:
Britta Nelson, National Conservation
Lands and Community Partnerships,
303–236–0539. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339, 24
hours a day, 7 days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Executive Summary
I. Public Comment Procedures
II. Background
III. Discussion of the Proposed Rule
IV. Procedural Matters
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I. Public Comment Procedures
You may submit comments, identified
by the number RIN 1004–AE72, by any
of the methods described in the
ADDRESSES section.
Please make your comments on the
proposed rule as specific as possible,
confine them to issues pertinent to the
proposed rule, and explain the reason
for any changes you recommend. Where
possible, your comments should
reference the specific section or
paragraph of the proposal that you are
addressing. The comments and
recommendations that will be most
useful and likely to influence agency
decisions are:
1. Those supported by quantitative
information or studies; and
2. Those that include citations to, and
analyses of, the applicable laws and
regulations.
The BLM is not obligated to consider
or include in the Administrative Record
for the final rule comments that we
receive after the close of the comment
period (see DATES) or comments
delivered to an address other than those
listed above (see ADDRESSES).
Comments, including names and
street addresses of respondents, will be
available for public review at the
address listed under ‘‘ADDRESSES:
Personal or messenger delivery’’ during
regular hours (7:45 a.m. to 4:15 p.m.),
Monday through Friday, except
holidays.
Before including your address,
telephone number, email address, or
other personal identifying information
in your comment, be advised that your
entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold from public review your
personal identifying information, we
cannot guarantee that we will be able to
do so.
II. Background
The Federal Land Policy and
Management Act (FLPMA) directs the
BLM to manage public lands it
administers for multiple use and
sustained yield (unless otherwise
provided by law) and to provide for
outdoor recreation (43 U.S.C. 1701).
Many visitors bicycle on BLM-managed
public lands. Improvements in bicycle
technology have made bicycling an
option for more people and have made
public lands more accessible to cyclists.
One bicycle design modification
growing in popularity is the addition of
a small electric motor that provides an
electric power assist to the operation of
the bicycle and reduces the physical
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exertion demands of the rider. Electric
bicycles (also known as e-bikes) are
available in an ever-expanding range of
design types (urban commuter, full
suspension mountain, fat-tire, gear
hauler bikes, etc.) and electric assist
capabilities (limited by speed, wattage,
output algorithms, etc.). E-bikes are
commonly used in different capacities,
such as transportation and recreation.
While they come in many varieties, the
proposed rule focuses on Class 1, 2, and
3 e-bikes.
The integration of a small electric
motor onto bicycles has reduced the
physical demand required to operate an
e-bike and, in turn, has increased the
public’s access to recreational
opportunities, including for people with
limitations stemming from age, illness,
disability or fitness, and in more
challenging environments, such as high
altitudes or mountainous terrain. The
integration of a small electric motor
onto bicycles has also created
uncertainty regarding whether e-bikes
should be treated in the same manner as
other types of bicycles or as motorized
vehicles subject to the BLM’s off-road
vehicle regulations at 43 CFR part 8340.
On August 29, 2019, the Secretary of
the Interior issued Secretary’s Order
(S.O.) 3376 to address regulatory
uncertainty on how agencies within the
Department of the Interior should
manage e-bikes. Specifically, S.O. 3376
set forth the policy of the Department of
the Interior that e-bikes should be
allowed where other, non-motorized
types of bicycles are allowed and not
allowed where other, non-motorized
types of bicycles are prohibited. S.O.
3376 directs the BLM to revise its offroad vehicle regulations at 43 CFR
8340.0–5 to be consistent with S.O.
3376. The National Park Service, Fish
and Wildlife Service, and Bureau of
Reclamation are also revising their
regulations for consistency with S.O.
3376.
III. Discussion of Proposed Rule
Existing BLM regulations do not
explicitly address the use of e-bikes on
public lands. However, under the BLM’s
current Travel and Transportation
Management Manual (MS–1626), ebikes are managed as off-road vehicles,
as defined at 43 CFR 8340.0–5(a), and
are allowed only in those areas and on
those roads or trails that are designated
as open or limited to off-road vehicle
use. Additionally, e-bikes currently
must be operated in accordance with the
regulations governing off-road vehicle
use at 43 CFR subpart 8341.
The proposed rule would direct
authorized officers to generally allow,
through subsequent decision-making,
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Class 1, 2, and 3 e-bikes whose
motorized features are being used as an
assist to human propulsion on roads
and trails upon which mechanized, nonmotorized use is allowed, where
appropriate. The authorization for Class
1, 2, and 3 e-bikes whose motorized
features are being used as an assist to
human propulsion to be used on roads
and trails upon which mechanized, nonmotorized use is allowed, would be
included in a land-use planning or
implementation-level decision. Such
decisions would be made in accordance
with applicable legal requirements,
including compliance with the National
Environmental Policy Act (NEPA).
Under the proposed rule, where an
authorized officer determines that Class
1, 2, and 3 e-bikes should be allowed on
roads and trails upon which
mechanized, non-motorized use is
allowed, such e-bikes would be
excluded from the definition of off-road
vehicle at 43 CFR 8340.0–5(a) and
would not be subject to the regulatory
requirements in 43 CFR part 8340.
Additionally, e-bikes excluded from the
definition of off-road vehicle at 43 CFR
8340.0–5(a) would be afforded all the
rights and privileges, and be subject to
all of the duties, of a non-motorized
bicycle. Under the proposed rule,
authorized officers would not allow ebikes where mechanized, non-motorized
bicycles are prohibited.
A primary objective of the BLM’s
travel and transportation management is
to establish a long-term, sustainable,
multimodal travel network and
transportation system that addresses the
need for public, authorized, and
administrative access to and across
BLM-managed lands and related waters.
Travel management planning occurs as
part of regional or site-specific land use
and implementation decisions. Such
decisions typically involve public
participation and must comply with
NEPA. Travel management is an
ongoing and dynamic process through
which roads and trails for different
modes of travel can be added and/or
subtracted from the available travel
system at any time through the
appropriate planning and NEPA
processes. These changes may be
necessary based on access needs,
resource objectives, and impacts to
natural resources or the human
environment. Any such decisions are
made through an amendment to the
existing land use plan, or through
implementation level actions for a travel
management plan.
Under current land use plans and
travel management plans, the use of offroad vehicles (and, therefore, e-bikes) is
currently allowed on the majority of
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roads and trails on BLM-administered
public lands. The proposed rule would
have no effect on the use of e-bikes and
other motorized vehicles on such roads
and trails; e-bikes, which the BLM
currently manages as off-road vehicles,
and other motorized vehicles could
continue to use roads and trails upon
which off-road vehicle use is currently
allowed. However, the proposed rule
would, by directing authorized officers
to allow certain e-bike use where
mechanized, non-motorized bicycle use
is allowed, facilitate an increase in
recreational opportunities for all
Americans, especially those with
physical limitations, and encourage the
enjoyment of the Department of the
Interior (DOI)-managed lands and
waters.
The BLM expects that the changes
directed by the proposed rule would
result in an increase in e-bike ridership
on public lands. The BLM recognizes
that the appeal of many BLM-managed
roads and trails to cyclists is the
opportunity to experience a challenging
road or trail which may have inherently
limited ridership. Under the proposed
rule, the use of an e-bike could cause
increased ridership on these roads or
trails. To address site-specific issues,
the BLM would consider the
environmental impacts from the use of
e-bikes through a subsequent analysis.
E-bike use would be subject to the
governing land use plans, including
conditions of use that may be specific to
an area. The BLM requests information
from the public on the potential social
and physical impacts of e-bike use on
public lands.
§ 8340.0–5 Definitions
The proposed rule would add a new
definition for electric bicycles, or ebikes, and define three classifications of
e-bikes (see new paragraph (j) of this
section). The proposed rule would also
exclude e-bikes from the definition of
off-road vehicle, pursuant to subsequent
action by an authorized officer, where
specific criteria are met (see new
paragraph (a)(5) of this section).
Paragraph (a) of this section defines
an off-road vehicle as ‘‘any motorized
vehicle capable of, or designed for,
travel on or immediately over land,
water, or other natural terrain . . .’’ and
includes 5 exceptions. The proposed
rule would move existing paragraph
(a)(5) of this section to (a)(6) and add a
new (a)(5) that addresses e-bikes. Under
proposed paragraph (a)(5) of this
section, an e-bike would be excluded
from the definition of off-road vehicle if:
(1) The e-bike is being used on roads
and trails where mechanized, nonmotorized use is allowed; (2) the e-bike
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is not being used in a manner where the
motor is being used exclusively to
propel the e-bike; and (3) an authorized
officer has expressly determined, as part
of a land-use planning or
implementation-level decision, that ebikes should be treated the same as nonmotorized bicycles on such roads and
trails.
Notably, some e-bikes are capable of
propulsion without pedaling. For
example, Class 2 e-bikes allow for the
motor to propel the rider without
pedaling. Under the proposed rule, ebikes operated in a fully motorized
method that does not involve pedal
assistance would not be eligible to be
excluded from the definition of off-road
vehicle at 43 CFR 8340.0–5(a) and
would continue to be regulated as offroad vehicles.
New paragraph (j) of this section
includes the definition for electric
bicycles, or e-bikes. E-bikes may have 2
or 3 wheels and must have fully
operable pedals. The electric motor for
an e-bike may not exceed 750 watts (one
horsepower). E-bikes must fall into one
of three classes, as described in
paragraphs (j)(1) through (3) of this
section.
Proposed paragraph (j)(1) describes
class 1 e-bikes, which are equipped with
a motor that only provides assistance
when the rider is pedaling and ceases to
provide assistance when the speed of
the bicycle reaches 20 miles per hour.
Proposed paragraph (j)(2) of this
section describes class 2 e-bikes, which
have a motor that in addition to pedal
assistance, can propel the bicycle
without pedaling. This propulsion and
pedal assistance ceases to provide
assistance when the speed of the bicycle
reaches 20 miles per hour.
Proposed paragraph (j)(3) of this
section describes class 3 e-bikes, which
have a motor that only provides
assistance when the rider is pedaling
and ceases to provide assistance when
the speed of the bicycle reaches 28
miles per hour.
The definition of e-bike in proposed
paragraph (j), including the three classes
of e-bikes included in that definition, is
consistent with other DOI agencies
which are also proposing revisions to
their regulations to address e-bike use.
The BLM believes that having the same
definition as other DOI agencies will
ensure consistent implementation
across public lands administered by the
DOI and help coordination with other
local, State, and Federal agencies.
Considering that this technology is
new and evolving, the BLM requests
information from the public on use of
Class 1, 2, and 3 e-bikes on roads and
trails on public land.
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Subpart 8342—Designation of Areas
and Trails
Section 8342.2 Designation Procedures
The proposed rule would add a new
paragraph (d) to this section that
addresses how the BLM would issue
decisions to authorize the use of e-bikes
on public lands. Authorized officers
would generally be encouraged to
authorize the use of e-bikes whose
motorized features are being used to
assist human propulsion on roads and
trails upon which mechanized, nonmotorized use is allowed. The proposed
rule provides authorized officers with
discretion, however, to determine that
the use of e-bikes (or certain classes of
e-bikes) would be inappropriate on
roads or trails.
This proposed rule would not, on its
own, change the existing allowances for
e-bike usage on BLM-administered
public lands. In other words, no
additional e-bike use would be allowed
on BLM-administered public lands as a
direct result of this proposed rule
becoming effective. Rather, the
proposed rule directs the BLM to
specifically consider e-bike usage in
future land use planning or
implementation-level decisions. This
new paragraph also provides the
authorized officer with discretion to
determine whether e-bike use generally,
or the use of certain classes of e-bikes,
would be inappropriate on certain roads
or trails. While the BLM believes that
increasing public access to public lands
through the use of e-bikes would
generally be appropriate on roads and
trails upon which mechanized, nonmotorized use is permitted, there are
certain instances where that is not the
case. For example, some trails may be
particularly steep or narrow and the use
of an e-bike at speeds higher than
originally intended could present a
danger to some users. In some
situations, legislation or a presidential
proclamation may restrict motorized use
of a trail. Another example of where ebike use might be limited is a nonmotorized trail that originates on BLM
public land and feeds into a trail system
under the jurisdiction of another agency
that does not allow e-bike use on that
trail. Proposed paragraph (d) of this
section would allow the BLM the
flexibility to utilize local knowledge and
determine the propriety of e-bike use on
site-specific basis.
Under new paragraph (d) of this
section, e-bikes being used on roads and
trails where mechanized, non-motorized
use is allowed pursuant to a decision by
an authorized officer will be given the
same rights and privileges of a
traditional, non-motorized bicycle and
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will be subject to all of the duties of a
traditional, non-motorized bicycle.
While the BLM intends for this
proposed rule to increase accessibility
to public lands, e-bikes would not be
given special access beyond what
traditional, non-motorized bicycles are
allowed. For example, e-bikes would
not be allowed on roads or trails or in
areas where traditional, non-motorized
bicycle travel is prohibited, such as in
designated wilderness.
IV. Procedural Matters
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget will review all significant rules.
The Office of Information and
Regulatory Affairs 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. E.O. 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. We have developed
this rule in a manner consistent with
these requirements.
The proposed rule addresses how the
BLM would allow visitors to operate ebikes on public lands and directs the
BLM to specifically address e-bike usage
in future land-use planning or
implementation-level decisions. The
proposed rule would amend 43 CFR
8340.0–5 to define class 1, 2, and 3 of
e-bikes. The proposed rule would direct
authorized officers to generally allow,
through subsequent decision-making in
a land-use planning or implementationlevel decision, Class 1, 2, and 3 e-bikes
whose motorized features are being used
as an assist to human propulsion on
roads and trails upon which
mechanized, non-motorized use is
allowed, where appropriate. The
proposed rule, where certain criteria are
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met, would exclude e-bikes from the
definition of off-road vehicle.
The proposed rule would not be selfexecuting. The proposed rule, in and of
itself, would not change existing
allowances for e-bike usage on BLMadministered public lands. It would
neither allow e-bikes on roads and trails
that are currently closed to off-road
vehicles but open to mechanized, nonmotorized bicycle use, nor affect the use
of e-bikes and other motorized vehicles
on roads and trails where off-road
vehicle use is currently allowed. While
the BLM intends for this proposed rule
to increase accessibility to public lands,
e-bikes would not be given special
access beyond what traditional, nonmotorized bicycles are allowed.
The BLM reviewed the requirements
of the proposed rule and determined
that it would not adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities. For more
detailed information, see the Economic
and Threshold analysis prepared for this
proposed rule. This analysis has been
posted in the docket for the proposed
rule on the Federal eRulemaking Portal:
https://www.regulations.gov. In the
Searchbox, enter ‘‘RIN 1004–AE72’’,
click the ‘‘Search’’ button, open the
Docket Folder, and look under
Supporting Documents.
Reducing Regulation and Controlling
Regulatory Costs (E.O. 13771)
The BLM has complied with E.O.
13771 and the OMB implementation
guidance for that order.1 The proposed
rule is not a significant regulation action
as defined by E.O. 12866 or a significant
guidance document. Therefore, the
proposed rule is not an ‘‘E.O. 13771
regulatory action,’’ as defined by OMB
guidance. As such, the proposed rule is
not subject to the requirements of E.O.
13771.
Regulatory Flexibility Act
This rule will not have a significant
economic effect on a substantial number
of small entities under the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.). The RFA generally requires that
Federal agencies prepare a regulatory
flexibility analysis for rules subject to
the notice-and-comment rulemaking
requirements under the Administrative
Procedure Act (5 U.S.C. 500 et seq.), if
the rule would have a significant
economic impact, whether detrimental
or beneficial, on a substantial number of
small entities. See 5 U.S.C. 601–612.
Congress enacted the RFA to ensure that
government regulations do not
unnecessarily or disproportionately
burden small entities. Small entities
include small businesses, small
governmental jurisdictions, and small
not-for-profit enterprises. The proposed
rule is most likely to affect entities that
participate in biking and other outdoor
recreation. The industries most likely to
be directly affected are listed in SBA
Size Standards Table that follows,
including the relevant SBA size
standards.
SBA SIZE STANDARDS TABLE
Industry
NAICS Code
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Sporting Goods Stores ............................................................................................................................................
Scenic and Sightseeing Transportation, Land ........................................................................................................
Recreational Goods Rental .....................................................................................................................................
Based on these thresholds, the
proposed rule may affect small entities.
In addition to determining whether a
substantial number of small entities are
likely to be affected by this proposed
rule, the BLM must also determine
whether the proposed rule is anticipated
to have a significant economic impact
on those small entities. The proposed
rule is most likely to affect entities that
participate in biking and other outdoor
recreation. The industries most likely to
be directly affected include sporting
goods stores, scenic and sightseeing
land transportation, and recreational
goods rental. The BLM generally expects
that the proposed rule would facilitate
increased recreational opportunities on
public lands, although these impacts
would occur after future site-specific
decisions, not as a direct result of the
proposed rule. For these reasons, the
magnitude of the impact on any
individual or group, including small
entities, is expected to be negligible.
There is no reason to expect that these
changes would place an undue burden
on any specific individual or group,
including small entities.
Based on the available information,
we conclude that the proposed rule will
not have a significant impact on a
substantial number of small entities.
Therefore, a final Regulatory Flexibility
Analysis is not required, and a Small
Entity Compliance Guide is not
required.
1 Executive Office of the President, Office of
Management and Budget, Executive Order 13771,
January 30, 2017. 82 FR 9339. Available at https://
www.gpo.gov/fdsys/pkg/FR-2017-02-03/pdf/2017-
02451.pdf. See also, OMB Memorandum
‘‘Regulatory Policy Officers at Executive
Departments and Agencies Managing and Executive
Directors of Certain Agencies and Commissions,’’
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Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
The proposed rule would not have a
direct and quantifiable economic
impact, but is intended to increase
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standards in
millions of
dollars
$16.5
8.0
8.0
recreational opportunities on public
lands.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions. This proposed rule
would add a definition for e-bikes,
direct the BLM to consider how they
should be managed on public lands in
future land-use planning and
implementation-level decisions, and
exclude e-bikes from the definition of
off-road vehicle when certain criteria
are met.
(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.
The BLM expects this rule to facilitate
additional recreational opportunities on
public lands, which would be beneficial
April 5, 2017. Available at https://
www.whitehouse.gov/sites/whitehouse.gov/files/
omb/memoranda/2017/M-17-21-OMB.pdf.
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to local economies on impacted public
lands.
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
rule does not have a significant or
unique effect on State, local, or tribal
governments or the private sector. The
BLM will coordinate with impacted
entities, as necessary and appropriate,
when it makes land use planning
decisions regarding the use of e-bikes on
public lands in a particular area. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
Takings (E.O. 12630)
This rule does not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630. This proposed rule would
only impact public lands and how they
are managed by the BLM regarding the
use of e-bikes. A takings implication
assessment is not required.
Federalism (E.O. 13132)
Under the criteria in section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. This proposed rule would
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. The BLM would
coordinate with State and local
governments, as appropriate, when
making future planning decisions under
this rule regarding the use of e-bikes on
public lands. A federalism summary
impact statement is not required.
lotter on DSKBCFDHB2PROD with PROPOSALS
Civil Justice Reform (E.O. 12988)
This rule complies with the
requirements of E.O. 12988.
Specifically, 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 (E.O.
13175 and Departmental Policy)
The DOI strives to strengthen its
government-to-government relationship
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with Indian tribes through a
commitment to consultation with Indian
tribes and recognition of their right to
self-governance and tribal sovereignty.
We have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required. This rulemaking is an
administrative change that directs the
BLM to address e-bike use in future
land-use planning or implementationlevel decisions. The proposed rule does
not change existing allowances for ebike usage on BLM-administered public
lands. The rulemaking does not commit
the agency to undertake any specific
action, and the BLM retains the
discretion to authorize e-bike use where
appropriate. Tribal consultation would
occur as required on a project-specific
basis as potential e-bike opportunities
are considered by the BLM.
Paperwork Reduction Act (44 U.S.C.
3501 et seq.)
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act (PRA) is not
required.
National Environmental Policy Act
The BLM does not believe that this
rule would 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,
as proposed, would be categorically
excluded from further analysis or
documentation under NEPA in
accordance with 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 basis.
This proposed rule would not change
the existing allowances for e-bike usage
on public lands. It would neither allow
e-bikes on roads and trails that are
currently closed to off-road vehicles but
open to mechanized, non-motorized
bicycle use, nor affect the use of e-bikes
and other motorized vehicles on roads
and trails where off-road vehicle use is
currently allowed. The proposed rule
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Sfmt 4702
20233
would (i) add a new definition for ebikes; (ii) direct the BLM to specifically
address e-bike usage in future land-use
planning or implementation-level
decisions; and (iii) set forth specific
criteria for when e-bikes may be
excluded from the definition of off-road
vehicle at 43 CFR 8340.0–5(a). Before
the public could use e-bikes on any
roads or trails that are not currently
opened to off-road vehicle use, an
authorized officer of the BLM would
have to issue a land-use planning or
implementation-level decision allowing
for such use. That decision would have
to comply with applicable law,
including NEPA. As such, the proposed
rule is administrative and procedural in
nature and would not result in any
environmental effects. Moreover, the
environmental effects associated with
future land-use planning or
implementation-level decisions that do
allow increased e-bike use are too
speculative or conjectural at this time to
lend themselves to meaningful analysis.
Any environmental effects associated
with future decisions would be subject
to the NEPA process on a case-by-case
basis. The BLM has also determined, as
a preliminary matter, 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 (E.O.
13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. This proposed rule would
not directly impact any allowed uses on
public lands, only generally directs the
BLM to consider allowing their use on
existing trails and roads and in those
areas where traditional bicycles are
allowed. A Statement of Energy Effects
is not required.
Clarity of This Regulation
We are required by Executive Orders
12866 (section 1 (b)(12)), 12988 (section
3(b)(1)(B)), and 13563 (section 1(a)), and
by the Presidential Memorandum of
June 1, 1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use common, everyday words and
clear language rather than jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you believe that we have not met
these requirements, send us comments
by one of the methods listed in the
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20234
Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Proposed Rules
ADDRESSES section. To better help us
revise the rule, your comments should
be as specific as possible. For example,
you should tell us the numbers of the
sections or paragraphs that you find
unclear, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Author
The principal author(s) of this rule are
Evan Glenn and David Jeppesen,
Recreation and Visitor Services
Division; Rebecca Moore, Branch of
Decision Support; Scott Whitesides,
Branch of Planning and NEPA; Britta
Nelson, National Conservation Lands
Division; Charles Yudson, Division of
Regulatory Affairs; assisted by the Office
of the Solicitor, Ryan Sklar.
Casey Hammond,
Acting Assistant Secretary, Land and
Minerals Management.
List of Subjects in 43 CFR Part 8340
Public lands, Recreation and
recreation areas, Traffic regulations.
43 CFR Chapter II
For the reasons set out in the
preamble, the Bureau of Land
Management proposes to amend 43 CFR
part 8340 as follows:
PART 8340—OFF-ROAD VEHICLES
1. The authority citation for part 8340
continues to read as follows:
■
Authority: 43 U.S.C. 1201, 43 U.S.C. 315a,
16 U.S.C. 1531 et seq., 16 U.S.C. 1281c, 16
U.S.C. 670 et seq., 16 U.S.C. 460l–6a, 16
U.S.C. 1241 et seq., and 43 U.S.C. 1701 et
seq.
Subpart 8340—General
2. Revise § 8340.0–5 to read as
follows:
■
lotter on DSKBCFDHB2PROD with PROPOSALS
§ 8340.0–5
Definitions.
As used in this part:
(a) Off-road vehicle means any
motorized vehicle capable of, or
designed for, travel on or immediately
over land, water, or other natural
terrain, excluding:
(1) Any nonamphibious registered
motorboat;
(2) Any military, fire, emergency, or
law enforcement vehicle while being
used for emergency purposes;
(3) Any vehicle whose use is
expressly authorized by the authorized
officer, or otherwise officially approved;
(4) Vehicles in official use;
(5) E-bikes, as defined in paragraph (j)
of this section:
(i) While being used on roads and
trails upon which mechanized, nonmotorized use is allowed;
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(ii) That are not being used in a
manner where the motor is being used
exclusively to propel the E-bike; and
(iii) Where the authorized officer has
expressly determined, as part of a landuse planning or implementation-level
decision, that E-bikes should be treated
the same as non-motorized bicycles; and
(6) Any combat or combat support
vehicle when used in times of national
defense emergencies.
(b) Public lands means any lands the
surface of which is administered by the
Bureau of Land Management.
(c) Bureau means the Bureau of Land
Management.
(d) Official use means use by an
employee, agent, or designated
representative of the Federal
Government or one of its contractors, in
the course of his employment, agency,
or representation.
(e) Planning system means the
approach provided in Bureau
regulations, directives and manuals to
formulate multiple use plans for the
public lands. This approach provides
for public participation within the
system.
(f) Open area means an area where all
types of vehicle use is permitted at all
times, anywhere in the area subject to
the operating regulations and vehicle
standards set forth in subparts 8341 and
8342 of this title.
(g) Limited area means an area
restricted at certain times, in certain
areas, and/or to certain vehicular use.
These restrictions may be of any type,
but can generally be accommodated
within the following type of categories:
Numbers of vehicles; types of vehicles;
time or season of vehicle use; permitted
or licensed use only; use on existing
roads and trails; use on designated roads
and trails; and other restrictions.
(h) Closed area means an area where
off-road vehicle use is prohibited. Use of
off-road vehicles in closed areas may be
allowed for certain reasons; however,
such use shall be made only with the
approval of the authorized officer.
(i) Spark arrester is any device which
traps or destroys 80 percent or more of
the exhaust particles to which it is
subjected.
(j) Electric bicycle (also known as an
E-bike) means a two- or three-wheeled
cycle with fully operable pedals and an
electric motor of not more than 750
watts (1 h.p.) that meets the
requirements of one of the following
three classes:
(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
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Sfmt 4702
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.
Subpart 8342—Designation of Areas
and Trails
3. Amend § 8342.2 by adding
paragraph (d) to read as follows:
■
§ 8342.2
Designation procedures.
*
*
*
*
*
(d) E-bikes. (1) Authorized officers
should generally allow, as part of a
land-use planning or implementationlevel decision, E-bikes whose motorized
features are being used to assist human
propulsion on roads and trails upon
which mechanized, non-motorized use
is allowed, unless the authorized officer
determines that E-bike use would be
inappropriate on such roads or trails;
and
(2) If the authorized officer allows Ebikes in accordance with this paragraph
(d), an E-bike user shall be afforded all
the rights and privileges, and be subject
to all of the duties, of user of a nonmotorized bicycle.
[FR Doc. 2020–07099 Filed 4–9–20; 8:45 am]
BILLING CODE 4310–84–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Part 1548
[Docket No. TSA–2020–0001]
Air Cargo Security Options To Mitigate
Costs of Compliance With International
Security Requirements
Transportation Security
Administration, DHS.
ACTION: Request for information (RFI).
AGENCY:
The Transportation Security
Administration (TSA) requests
information from the public, specifically
the air cargo industry (including
manufacturers, shippers, suppliers,
warehouses, e-commerce fulfillment
centers, third-party logistics providers,
SUMMARY:
E:\FR\FM\10APP1.SGM
10APP1
Agencies
[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Proposed Rules]
[Pages 20229-20234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07099]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8340
[LLWO430000.L12200000.XM0000.20x 24 1A]
RIN 1004-AE72
Increasing Recreational Opportunities Through the Use of Electric
Bikes
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) proposes to amend its off-
road vehicle regulations to add a definition for electric bikes (e-
bikes) and, where certain criteria are met and an authorized officer
expressly determines through a formal decision that e-bikes should be
treated the same as non-motorized bicycles, expressly exempt those e-
bikes from the definition of off-road vehicles. This proposed change
would facilitate increased recreational opportunities for all
Americans, especially those with physical limitations, and would
encourage the enjoyment of lands and waters managed by the BLM.
DATES: Please submit comments on or before June 9, 2020.
ADDRESSES: You may submit comments, identified by the number RIN 1004-
AE72, by any of the following methods:
--Mail/Personal or messenger delivery: U.S. Department of the
Interior, Director (630), Bureau of Land Management, Mail Stop 2134 LM,
1849 C St. NW, Attention: RIN 1004-AE72, Washington, DC 20240.
--Federal eRulemaking portal: https://www.regulations.gov. In the
Searchbox, enter ``RIN 1004-AE72'' and click the Search button. Follow
the instruction at this website.
FOR FURTHER INFORMATION CONTACT: Britta Nelson, National Conservation
Lands and Community Partnerships, 303-236-0539. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal Relay
Service (FRS) at 1-800-877-8339, 24 hours a day, 7 days a week, to
leave a message or question with the above individual. You will receive
a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
Executive Summary
I. Public Comment Procedures
II. Background
III. Discussion of the Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
You may submit comments, identified by the number RIN 1004-AE72, by
any of the methods described in the ADDRESSES section.
Please make your comments on the proposed rule as specific as
possible, confine them to issues pertinent to the proposed rule, and
explain the reason for any changes you recommend. Where possible, your
comments should reference the specific section or paragraph of the
proposal that you are addressing. The comments and recommendations that
will be most useful and likely to influence agency decisions are:
1. Those supported by quantitative information or studies; and
2. Those that include citations to, and analyses of, the applicable
laws and regulations.
The BLM is not obligated to consider or include in the
Administrative Record for the final rule comments that we receive after
the close of the comment period (see DATES) or comments delivered to an
address other than those listed above (see ADDRESSES).
Comments, including names and street addresses of respondents, will
be available for public review at the address listed under ``ADDRESSES:
Personal or messenger delivery'' during regular hours (7:45 a.m. to
4:15 p.m.), Monday through Friday, except holidays.
Before including your address, telephone number, email address, or
other personal identifying information in your comment, be advised that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in
your comment to withhold from public review your personal identifying
information, we cannot guarantee that we will be able to do so.
II. Background
The Federal Land Policy and Management Act (FLPMA) directs the BLM
to manage public lands it administers for multiple use and sustained
yield (unless otherwise provided by law) and to provide for outdoor
recreation (43 U.S.C. 1701). Many visitors bicycle on BLM-managed
public lands. Improvements in bicycle technology have made bicycling an
option for more people and have made public lands more accessible to
cyclists. One bicycle design modification growing in popularity is the
addition of a small electric motor that provides an electric power
assist to the operation of the bicycle and reduces the physical
[[Page 20230]]
exertion demands of the rider. Electric bicycles (also known as e-
bikes) are available in an ever-expanding range of design types (urban
commuter, full suspension mountain, fat-tire, gear hauler bikes, etc.)
and electric assist capabilities (limited by speed, wattage, output
algorithms, etc.). E-bikes are commonly used in different capacities,
such as transportation and recreation. While they come in many
varieties, the proposed rule focuses on Class 1, 2, and 3 e-bikes.
The integration of a small electric motor onto bicycles has reduced
the physical demand required to operate an e-bike and, in turn, has
increased the public's access to recreational opportunities, including
for people with limitations stemming from age, illness, disability or
fitness, and in more challenging environments, such as high altitudes
or mountainous terrain. The integration of a small electric motor onto
bicycles has also created uncertainty regarding whether e-bikes should
be treated in the same manner as other types of bicycles or as
motorized vehicles subject to the BLM's off-road vehicle regulations at
43 CFR part 8340.
On August 29, 2019, the Secretary of the Interior issued
Secretary's Order (S.O.) 3376 to address regulatory uncertainty on how
agencies within the Department of the Interior should manage e-bikes.
Specifically, S.O. 3376 set forth the policy of the Department of the
Interior that e-bikes should be allowed where other, non-motorized
types of bicycles are allowed and not allowed where other, non-
motorized types of bicycles are prohibited. S.O. 3376 directs the BLM
to revise its off-road vehicle regulations at 43 CFR 8340.0-5 to be
consistent with S.O. 3376. The National Park Service, Fish and Wildlife
Service, and Bureau of Reclamation are also revising their regulations
for consistency with S.O. 3376.
III. Discussion of Proposed Rule
Existing BLM regulations do not explicitly address the use of e-
bikes on public lands. However, under the BLM's current Travel and
Transportation Management Manual (MS-1626), e-bikes are managed as off-
road vehicles, as defined at 43 CFR 8340.0-5(a), and are allowed only
in those areas and on those roads or trails that are designated as open
or limited to off-road vehicle use. Additionally, e-bikes currently
must be operated in accordance with the regulations governing off-road
vehicle use at 43 CFR subpart 8341.
The proposed rule would direct authorized officers to generally
allow, through subsequent decision-making, Class 1, 2, and 3 e-bikes
whose motorized features are being used as an assist to human
propulsion on roads and trails upon which mechanized, non-motorized use
is allowed, where appropriate. The authorization for Class 1, 2, and 3
e-bikes whose motorized features are being used as an assist to human
propulsion to be used on roads and trails upon which mechanized, non-
motorized use is allowed, would be included in a land-use planning or
implementation-level decision. Such decisions would be made in
accordance with applicable legal requirements, including compliance
with the National Environmental Policy Act (NEPA). Under the proposed
rule, where an authorized officer determines that Class 1, 2, and 3 e-
bikes should be allowed on roads and trails upon which mechanized, non-
motorized use is allowed, such e-bikes would be excluded from the
definition of off-road vehicle at 43 CFR 8340.0-5(a) and would not be
subject to the regulatory requirements in 43 CFR part 8340.
Additionally, e-bikes excluded from the definition of off-road vehicle
at 43 CFR 8340.0-5(a) would be afforded all the rights and privileges,
and be subject to all of the duties, of a non-motorized bicycle. Under
the proposed rule, authorized officers would not allow e-bikes where
mechanized, non-motorized bicycles are prohibited.
A primary objective of the BLM's travel and transportation
management is to establish a long-term, sustainable, multimodal travel
network and transportation system that addresses the need for public,
authorized, and administrative access to and across BLM-managed lands
and related waters. Travel management planning occurs as part of
regional or site-specific land use and implementation decisions. Such
decisions typically involve public participation and must comply with
NEPA. Travel management is an ongoing and dynamic process through which
roads and trails for different modes of travel can be added and/or
subtracted from the available travel system at any time through the
appropriate planning and NEPA processes. These changes may be necessary
based on access needs, resource objectives, and impacts to natural
resources or the human environment. Any such decisions are made through
an amendment to the existing land use plan, or through implementation
level actions for a travel management plan.
Under current land use plans and travel management plans, the use
of off-road vehicles (and, therefore, e-bikes) is currently allowed on
the majority of roads and trails on BLM-administered public lands. The
proposed rule would have no effect on the use of e-bikes and other
motorized vehicles on such roads and trails; e-bikes, which the BLM
currently manages as off-road vehicles, and other motorized vehicles
could continue to use roads and trails upon which off-road vehicle use
is currently allowed. However, the proposed rule would, by directing
authorized officers to allow certain e-bike use where mechanized, non-
motorized bicycle use is allowed, facilitate an increase in
recreational opportunities for all Americans, especially those with
physical limitations, and encourage the enjoyment of the Department of
the Interior (DOI)-managed lands and waters.
The BLM expects that the changes directed by the proposed rule
would result in an increase in e-bike ridership on public lands. The
BLM recognizes that the appeal of many BLM-managed roads and trails to
cyclists is the opportunity to experience a challenging road or trail
which may have inherently limited ridership. Under the proposed rule,
the use of an e-bike could cause increased ridership on these roads or
trails. To address site-specific issues, the BLM would consider the
environmental impacts from the use of e-bikes through a subsequent
analysis. E-bike use would be subject to the governing land use plans,
including conditions of use that may be specific to an area. The BLM
requests information from the public on the potential social and
physical impacts of e-bike use on public lands.
Sec. 8340.0-5 Definitions
The proposed rule would add a new definition for electric bicycles,
or e-bikes, and define three classifications of e-bikes (see new
paragraph (j) of this section). The proposed rule would also exclude e-
bikes from the definition of off-road vehicle, pursuant to subsequent
action by an authorized officer, where specific criteria are met (see
new paragraph (a)(5) of this section).
Paragraph (a) of this section defines an off-road vehicle as ``any
motorized vehicle capable of, or designed for, travel on or immediately
over land, water, or other natural terrain . . .'' and includes 5
exceptions. The proposed rule would move existing paragraph (a)(5) of
this section to (a)(6) and add a new (a)(5) that addresses e-bikes.
Under proposed paragraph (a)(5) of this section, an e-bike would be
excluded from the definition of off-road vehicle if: (1) The e-bike is
being used on roads and trails where mechanized, non-motorized use is
allowed; (2) the e-bike
[[Page 20231]]
is not being used in a manner where the motor is being used exclusively
to propel the e-bike; and (3) an authorized officer has expressly
determined, as part of a land-use planning or implementation-level
decision, that e-bikes should be treated the same as non-motorized
bicycles on such roads and trails.
Notably, some e-bikes are capable of propulsion without pedaling.
For example, Class 2 e-bikes allow for the motor to propel the rider
without pedaling. Under the proposed rule, e-bikes operated in a fully
motorized method that does not involve pedal assistance would not be
eligible to be excluded from the definition of off-road vehicle at 43
CFR 8340.0-5(a) and would continue to be regulated as off-road
vehicles.
New paragraph (j) of this section includes the definition for
electric bicycles, or e-bikes. E-bikes may have 2 or 3 wheels and must
have fully operable pedals. The electric motor for an e-bike may not
exceed 750 watts (one horsepower). E-bikes must fall into one of three
classes, as described in paragraphs (j)(1) through (3) of this section.
Proposed paragraph (j)(1) describes class 1 e-bikes, which are
equipped with a motor that only provides assistance when the rider is
pedaling and ceases to provide assistance when the speed of the bicycle
reaches 20 miles per hour.
Proposed paragraph (j)(2) of this section describes class 2 e-
bikes, which have a motor that in addition to pedal assistance, can
propel the bicycle without pedaling. This propulsion and pedal
assistance ceases to provide assistance when the speed of the bicycle
reaches 20 miles per hour.
Proposed paragraph (j)(3) of this section describes class 3 e-
bikes, which have a motor that only provides assistance when the rider
is pedaling and ceases to provide assistance when the speed of the
bicycle reaches 28 miles per hour.
The definition of e-bike in proposed paragraph (j), including the
three classes of e-bikes included in that definition, is consistent
with other DOI agencies which are also proposing revisions to their
regulations to address e-bike use. The BLM believes that having the
same definition as other DOI agencies will ensure consistent
implementation across public lands administered by the DOI and help
coordination with other local, State, and Federal agencies.
Considering that this technology is new and evolving, the BLM
requests information from the public on use of Class 1, 2, and 3 e-
bikes on roads and trails on public land.
Subpart 8342--Designation of Areas and Trails
Section 8342.2 Designation Procedures
The proposed rule would add a new paragraph (d) to this section
that addresses how the BLM would issue decisions to authorize the use
of e-bikes on public lands. Authorized officers would generally be
encouraged to authorize the use of e-bikes whose motorized features are
being used to assist human propulsion on roads and trails upon which
mechanized, non-motorized use is allowed. The proposed rule provides
authorized officers with discretion, however, to determine that the use
of e-bikes (or certain classes of e-bikes) would be inappropriate on
roads or trails.
This proposed rule would not, on its own, change the existing
allowances for e-bike usage on BLM-administered public lands. In other
words, no additional e-bike use would be allowed on BLM-administered
public lands as a direct result of this proposed rule becoming
effective. Rather, the proposed rule directs the BLM to specifically
consider e-bike usage in future land use planning or implementation-
level decisions. This new paragraph also provides the authorized
officer with discretion to determine whether e-bike use generally, or
the use of certain classes of e-bikes, would be inappropriate on
certain roads or trails. While the BLM believes that increasing public
access to public lands through the use of e-bikes would generally be
appropriate on roads and trails upon which mechanized, non-motorized
use is permitted, there are certain instances where that is not the
case. For example, some trails may be particularly steep or narrow and
the use of an e-bike at speeds higher than originally intended could
present a danger to some users. In some situations, legislation or a
presidential proclamation may restrict motorized use of a trail.
Another example of where e-bike use might be limited is a non-motorized
trail that originates on BLM public land and feeds into a trail system
under the jurisdiction of another agency that does not allow e-bike use
on that trail. Proposed paragraph (d) of this section would allow the
BLM the flexibility to utilize local knowledge and determine the
propriety of e-bike use on site-specific basis.
Under new paragraph (d) of this section, e-bikes being used on
roads and trails where mechanized, non-motorized use is allowed
pursuant to a decision by an authorized officer will be given the same
rights and privileges of a traditional, non-motorized bicycle and will
be subject to all of the duties of a traditional, non-motorized
bicycle. While the BLM intends for this proposed rule to increase
accessibility to public lands, e-bikes would not be given special
access beyond what traditional, non-motorized bicycles are allowed. For
example, e-bikes would not be allowed on roads or trails or in areas
where traditional, non-motorized bicycle travel is prohibited, such as
in designated wilderness.
IV. Procedural Matters
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
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. E.O. 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. We have developed this rule in a manner consistent
with these requirements.
The proposed rule addresses how the BLM would allow visitors to
operate e-bikes on public lands and directs the BLM to specifically
address e-bike usage in future land-use planning or implementation-
level decisions. The proposed rule would amend 43 CFR 8340.0-5 to
define class 1, 2, and 3 of e-bikes. The proposed rule would direct
authorized officers to generally allow, through subsequent decision-
making in a land-use planning or implementation-level decision, Class
1, 2, and 3 e-bikes whose motorized features are being used as an
assist to human propulsion on roads and trails upon which mechanized,
non-motorized use is allowed, where appropriate. The proposed rule,
where certain criteria are
[[Page 20232]]
met, would exclude e-bikes from the definition of off-road vehicle.
The proposed rule would not be self-executing. The proposed rule,
in and of itself, would not change existing allowances for e-bike usage
on BLM-administered public lands. It would neither allow e-bikes on
roads and trails that are currently closed to off-road vehicles but
open to mechanized, non-motorized bicycle use, nor affect the use of e-
bikes and other motorized vehicles on roads and trails where off-road
vehicle use is currently allowed. While the BLM intends for this
proposed rule to increase accessibility to public lands, e-bikes would
not be given special access beyond what traditional, non-motorized
bicycles are allowed.
The BLM reviewed the requirements of the proposed rule and
determined that it would not adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. For more detailed information, see the
Economic and Threshold analysis prepared for this proposed rule. This
analysis has been posted in the docket for the proposed rule on the
Federal eRulemaking Portal: https://www.regulations.gov. In the
Searchbox, enter ``RIN 1004-AE72'', click the ``Search'' button, open
the Docket Folder, and look under Supporting Documents.
Reducing Regulation and Controlling Regulatory Costs (E.O. 13771)
The BLM has complied with E.O. 13771 and the OMB implementation
guidance for that order.\1\ The proposed rule is not a significant
regulation action as defined by E.O. 12866 or a significant guidance
document. Therefore, the proposed rule is not an ``E.O. 13771
regulatory action,'' as defined by OMB guidance. As such, the proposed
rule is not subject to the requirements of E.O. 13771.
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\1\ Executive Office of the President, Office of Management and
Budget, Executive Order 13771, January 30, 2017. 82 FR 9339.
Available at https://www.gpo.gov/fdsys/pkg/FR-2017-02-03/pdf/2017-02451.pdf. See also, OMB Memorandum ``Regulatory Policy Officers at
Executive Departments and Agencies Managing and Executive Directors
of Certain Agencies and Commissions,'' April 5, 2017. Available at
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf.
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Regulatory Flexibility Act
This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.). The RFA generally requires that
Federal agencies prepare a regulatory flexibility analysis for rules
subject to the notice-and-comment rulemaking requirements under the
Administrative Procedure Act (5 U.S.C. 500 et seq.), if the rule would
have a significant economic impact, whether detrimental or beneficial,
on a substantial number of small entities. See 5 U.S.C. 601-612.
Congress enacted the RFA to ensure that government regulations do not
unnecessarily or disproportionately burden small entities. Small
entities include small businesses, small governmental jurisdictions,
and small not-for-profit enterprises. The proposed rule is most likely
to affect entities that participate in biking and other outdoor
recreation. The industries most likely to be directly affected are
listed in SBA Size Standards Table that follows, including the relevant
SBA size standards.
SBA Size Standards Table
------------------------------------------------------------------------
Size standards
Industry NAICS Code in millions of
dollars
------------------------------------------------------------------------
Sporting Goods Stores................... 451110 $16.5
Scenic and Sightseeing Transportation, 487110 8.0
Land...................................
Recreational Goods Rental............... 532284 8.0
------------------------------------------------------------------------
Based on these thresholds, the proposed rule may affect small
entities. In addition to determining whether a substantial number of
small entities are likely to be affected by this proposed rule, the BLM
must also determine whether the proposed rule is anticipated to have a
significant economic impact on those small entities. The proposed rule
is most likely to affect entities that participate in biking and other
outdoor recreation. The industries most likely to be directly affected
include sporting goods stores, scenic and sightseeing land
transportation, and recreational goods rental. The BLM generally
expects that the proposed rule would facilitate increased recreational
opportunities on public lands, although these impacts would occur after
future site-specific decisions, not as a direct result of the proposed
rule. For these reasons, the magnitude of the impact on any individual
or group, including small entities, is expected to be negligible. There
is no reason to expect that these changes would place an undue burden
on any specific individual or group, including small entities.
Based on the available information, we conclude that the proposed
rule will not have a significant impact on a substantial number of
small entities. Therefore, a final Regulatory Flexibility Analysis is
not required, and a Small Entity Compliance Guide is not required.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more. The proposed rule would not have a direct and quantifiable
economic impact, but is intended to increase recreational opportunities
on public lands.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This proposed rule would add a
definition for e-bikes, direct the BLM to consider how they should be
managed on public lands in future land-use planning and implementation-
level decisions, and exclude e-bikes from the definition of off-road
vehicle when certain criteria are met.
(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. The
BLM expects this rule to facilitate additional recreational
opportunities on public lands, which would be beneficial
[[Page 20233]]
to local economies on impacted public lands.
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 rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. The BLM will
coordinate with impacted entities, as necessary and appropriate, when
it makes land use planning decisions regarding the use of e-bikes on
public lands in a particular area. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
Takings (E.O. 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630. This proposed
rule would only impact public lands and how they are managed by the BLM
regarding the use of e-bikes. A takings implication assessment is not
required.
Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. This proposed
rule would not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. The BLM would coordinate with State and local governments,
as appropriate, when making future planning decisions under this rule
regarding the use of e-bikes on public lands. A federalism summary
impact statement is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, 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 (E.O. 13175 and Departmental Policy)
The DOI 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. We have evaluated this rule under the
Department's consultation policy and under the criteria in Executive
Order 13175 and have determined that it has no substantial direct
effects on federally recognized Indian tribes and that consultation
under the Department's tribal consultation policy is not required. This
rulemaking is an administrative change that directs the BLM to address
e-bike use in future land-use planning or implementation-level
decisions. The proposed rule does not change existing allowances for e-
bike usage on BLM-administered public lands. The rulemaking does not
commit the agency to undertake any specific action, and the BLM retains
the discretion to authorize e-bike use where appropriate. Tribal
consultation would occur as required on a project-specific basis as
potential e-bike opportunities are considered by the BLM.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act (PRA) is not required.
National Environmental Policy Act
The BLM does not believe that this rule would 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, as
proposed, would be categorically excluded from further analysis or
documentation under NEPA in accordance with 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 basis.
This proposed rule would not change the existing allowances for e-
bike usage on public lands. It would neither allow e-bikes on roads and
trails that are currently closed to off-road vehicles but open to
mechanized, non-motorized bicycle use, nor affect the use of e-bikes
and other motorized vehicles on roads and trails where off-road vehicle
use is currently allowed. The proposed rule would (i) add a new
definition for e-bikes; (ii) direct the BLM to specifically address e-
bike usage in future land-use planning or implementation-level
decisions; and (iii) set forth specific criteria for when e-bikes may
be excluded from the definition of off-road vehicle at 43 CFR 8340.0-
5(a). Before the public could use e-bikes on any roads or trails that
are not currently opened to off-road vehicle use, an authorized officer
of the BLM would have to issue a land-use planning or implementation-
level decision allowing for such use. That decision would have to
comply with applicable law, including NEPA. As such, the proposed rule
is administrative and procedural in nature and would not result in any
environmental effects. Moreover, the environmental effects associated
with future land-use planning or implementation-level decisions that do
allow increased e-bike use are too speculative or conjectural at this
time to lend themselves to meaningful analysis. Any environmental
effects associated with future decisions would be subject to the NEPA
process on a case-by-case basis. The BLM has also determined, as a
preliminary matter, 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 (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. This proposed rule would not directly impact
any allowed uses on public lands, only generally directs the BLM to
consider allowing their use on existing trails and roads and in those
areas where traditional bicycles are allowed. A Statement of Energy
Effects is not required.
Clarity of This Regulation
We are required by Executive Orders 12866 (section 1 (b)(12)),
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you believe that we have not met these requirements, send us
comments by one of the methods listed in the
[[Page 20234]]
ADDRESSES section. To better help us revise the rule, your comments
should be as specific as possible. For example, you should tell us the
numbers of the sections or paragraphs that you find unclear, which
sections or sentences are too long, the sections where you feel lists
or tables would be useful, etc.
Author
The principal author(s) of this rule are Evan Glenn and David
Jeppesen, Recreation and Visitor Services Division; Rebecca Moore,
Branch of Decision Support; Scott Whitesides, Branch of Planning and
NEPA; Britta Nelson, National Conservation Lands Division; Charles
Yudson, Division of Regulatory Affairs; assisted by the Office of the
Solicitor, Ryan Sklar.
Casey Hammond,
Acting Assistant Secretary, Land and Minerals Management.
List of Subjects in 43 CFR Part 8340
Public lands, Recreation and recreation areas, Traffic regulations.
43 CFR Chapter II
For the reasons set out in the preamble, the Bureau of Land
Management proposes to amend 43 CFR part 8340 as follows:
PART 8340--OFF-ROAD VEHICLES
0
1. The authority citation for part 8340 continues to read as follows:
Authority: 43 U.S.C. 1201, 43 U.S.C. 315a, 16 U.S.C. 1531 et
seq., 16 U.S.C. 1281c, 16 U.S.C. 670 et seq., 16 U.S.C. 460l-6a, 16
U.S.C. 1241 et seq., and 43 U.S.C. 1701 et seq.
Subpart 8340--General
0
2. Revise Sec. 8340.0-5 to read as follows:
Sec. 8340.0-5 Definitions.
As used in this part:
(a) Off-road vehicle means any motorized vehicle capable of, or
designed for, travel on or immediately over land, water, or other
natural terrain, excluding:
(1) Any nonamphibious registered motorboat;
(2) Any military, fire, emergency, or law enforcement vehicle while
being used for emergency purposes;
(3) Any vehicle whose use is expressly authorized by the authorized
officer, or otherwise officially approved;
(4) Vehicles in official use;
(5) E-bikes, as defined in paragraph (j) of this section:
(i) While being used on roads and trails upon which mechanized,
non-motorized use is allowed;
(ii) That are not being used in a manner where the motor is being
used exclusively to propel the E-bike; and
(iii) Where the authorized officer has expressly determined, as
part of a land-use planning or implementation-level decision, that E-
bikes should be treated the same as non-motorized bicycles; and
(6) Any combat or combat support vehicle when used in times of
national defense emergencies.
(b) Public lands means any lands the surface of which is
administered by the Bureau of Land Management.
(c) Bureau means the Bureau of Land Management.
(d) Official use means use by an employee, agent, or designated
representative of the Federal Government or one of its contractors, in
the course of his employment, agency, or representation.
(e) Planning system means the approach provided in Bureau
regulations, directives and manuals to formulate multiple use plans for
the public lands. This approach provides for public participation
within the system.
(f) Open area means an area where all types of vehicle use is
permitted at all times, anywhere in the area subject to the operating
regulations and vehicle standards set forth in subparts 8341 and 8342
of this title.
(g) Limited area means an area restricted at certain times, in
certain areas, and/or to certain vehicular use. These restrictions may
be of any type, but can generally be accommodated within the following
type of categories: Numbers of vehicles; types of vehicles; time or
season of vehicle use; permitted or licensed use only; use on existing
roads and trails; use on designated roads and trails; and other
restrictions.
(h) Closed area means an area where off-road vehicle use is
prohibited. Use of off-road vehicles in closed areas may be allowed for
certain reasons; however, such use shall be made only with the approval
of the authorized officer.
(i) Spark arrester is any device which traps or destroys 80 percent
or more of the exhaust particles to which it is subjected.
(j) Electric bicycle (also known as an E-bike) means a two- or
three-wheeled cycle with fully operable pedals and an electric motor of
not more than 750 watts (1 h.p.) that meets the requirements of one of
the following three classes:
(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.
Subpart 8342--Designation of Areas and Trails
0
3. Amend Sec. 8342.2 by adding paragraph (d) to read as follows:
Sec. 8342.2 Designation procedures.
* * * * *
(d) E-bikes. (1) Authorized officers should generally allow, as
part of a land-use planning or implementation-level decision, E-bikes
whose motorized features are being used to assist human propulsion on
roads and trails upon which mechanized, non-motorized use is allowed,
unless the authorized officer determines that E-bike use would be
inappropriate on such roads or trails; and
(2) If the authorized officer allows E-bikes in accordance with
this paragraph (d), an E-bike user shall be afforded all the rights and
privileges, and be subject to all of the duties, of user of a non-
motorized bicycle.
[FR Doc. 2020-07099 Filed 4-9-20; 8:45 am]
BILLING CODE 4310-84-P