[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: http://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