[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: http://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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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