[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Proposed Rules]
[Pages 19418-19421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07167]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 27

[Docket No. FWS-HQ-NWRS-2019-0109; FXRS12630900000-201-FF09R81000]
RIN 1018-BE68


National Wildlife Refuge System; Use of Electric Bicycles

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, have adopted a policy, 
and we propose to adopt consistent regulations, pertaining to the use 
of electric bicycles (otherwise known as ``e-bikes''). These proposed 
changes are intended to increase recreational opportunities for all 
Americans, especially for people with physical limitations. We solicit 
comments on proposed regulations that will provide guidance and 
controls for the use of e-bikes on the National Wildlife Refuge System.

DATES: Written comments will be accepted through June 8, 2020.

ADDRESSES: You may submit comments, identified by Docket No. FWS-HQ-
NWRS-2019-0109 by any one of the following methods:
     Federal e-rulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-HQ-
NWRS-2019-0109.
     Mail: Address comment to Public Comments Processing, Attn: 
Docket No. FWS-HQ-NWRS-2019-0109; U.S. Fish and Wildlife Service; MS: 
JAO/1N; 5275 Leesburg Pike, Falls Church, VA 22041.
     Hand-deliver: U.S. Fish and Wildlife Service; MS: JAO/1N; 
5275 Leesburg Pike, Falls Church, VA 22041.

FOR FURTHER INFORMATION CONTACT: Maggie O'Connell, National Wildlife 
Refuge System--Branch Chief for Visitor Services, 703-358-1883, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The National Wildlife Refuge System Administration Act of 1966, as 
amended by the National Wildlife Refuge System Improvement Act of 1997 
(16 U.S.C. 668dd-668ee), governs the administration and public use of 
refuges, and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) 
governs the administration and public use of refuges and hatcheries. 
The National Wildlife Refuge System Administration Act closes national 
wildlife refuges in all States except Alaska to all uses until opened. 
The Secretary of the Interior (Secretary) may open refuge areas to any 
use upon a determination that the use is compatible with the purposes 
of the refuge and the National Wildlife Refuge System mission. The 
action also must be in accordance with the provisions of all laws 
applicable, consistent with the principles of sound fish and wildlife 
management and administration, and otherwise in the public interest.
    These requirements ensure that we maintain the biological 
integrity, diversity, and environmental health of the Refuge System for 
the benefit of present and future generations of Americans. The Refuge 
System is an unparalleled network of 568 national wildlife refuges and 
38 wetland management districts. More than 59 million Americans visit 
refuges every year. You can find at least one refuge in every State and 
every U.S. territory, and within a 1-hour drive of most major cities.
    The U.S. Fish and Wildlife Service (FWS) administers the Refuge 
System via regulations contained in title 50 of the Code of Federal 
Regulations (CFR). These regulations help to protect the natural and 
cultural resources of refuges, and to protect visitors and property 
within those lands. In their current form, these regulations generally 
prohibit visitors from utilizing motorized vehicles on refuges other 
than on designated routes.

Electric Bicycles

    Secretary's Order 3376 directs Department of the Interior (DOI) 
bureaus to begin the process of obtaining public input on proposed new 
regulations that will clarify that operators of low-speed electric 
bicycles (e-bikes) should enjoy the same access as conventional 
bicycles, consistent with other Federal and State laws. Refuge managers 
will have the ability in the short term to utilize the flexibility they 
have under current regulations to accommodate this new technology, that 
assists riders as they pedal, in a way that allows them to enjoy the 
bicycling experience.
    DOI's guidance will enable visitors to use these bicycles with a 
small electric motor (not more than 1 horsepower) power assist in the 
same manner as traditional bicycles. The operator of an e-bike may use 
the small electric motor

[[Page 19419]]

only to assist pedal propulsion. The motor may not be used to propel an 
e-bike without the rider also pedaling.
    A majority of States have adopted e-bike policies, most following 
model legislation that allows for the three classes of e-bikes to have 
access to bicycle trails. The DOI e-bike guidance seeks to provide 
consistency with the State and local rules where possible.
    In 2019, approximately 1.4 million people bicycled at 197 national 
wildlife refuges. The Refuge System's new e-bike guidance provides 
expanded options for visitors who wish to ride a bicycle and who may be 
limited by fitness level or ability.
    Similar to traditional bicycles, e-bikes are not allowed in 
designated wilderness areas and may not be appropriate for back-country 
trails. The focus of the DOI guidance is on expanding the traditional 
bicycling experience to those who enjoy the reduction of effort 
provided by this new e-bike technology. Local refuge and land managers 
will limit, restrict, or impose conditions on bicycle use and e-bike 
use where necessary to manage visitor use conflicts and ensure visitor 
safety and resource protection.
    E-bikes make bicycle travel easier and more efficient, because they 
allow bicyclists to travel farther with less effort. 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 
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.

This Proposed Rule

    The regulations in 50 CFR part 27 pertain to prohibited acts on 
refuge lands. The current regulations in Sec.  27.31 generally prohibit 
use of any motorized or other vehicles, including those used on air, 
water, ice, or snow, on national wildlife refuges except on designated 
routes of travel, as indicated by the appropriate traffic control signs 
or signals and in designated areas posted or delineated on maps by the 
refuge manager.
    Under the proposed amendment, which is set forth at the end of this 
document, e-bikes would be allowed where other types of bicycles are 
allowed, and e-bikes would not be allowed where other types of bicycles 
are prohibited. DOI proposes to adopt a definition of ``e-bike'' that 
is informed by the definition of ``low-speed electric bicycle'' found 
at 15 U.S.C. 2085 and that meets the requirements of one of three 
classes of e-bikes.

Request for Comments

    You may submit comments and materials on this proposed rule by any 
one of the methods listed in ADDRESSES. We will not accept comments 
sent by email or fax or to an address not listed in ADDRESSES. We will 
not consider hand-delivered comments that we do not receive, or mailed 
comments that are not postmarked by the date specified in DATES.
    We will post your entire comment on http://www.regulations.gov. 
Before including personal identifying information in your comment, you 
should be aware that we may make your entire comment--including your 
personal identifying information-- publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so. We will post all hardcopy comments on http://www.regulations.gov.

Compliance With 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 (OMB) 
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 (E.O.) 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.

Executive Order 13771--Reducing Regulation and Controlling Regulatory 
Costs

    This proposed rule is an Executive Order (E.O.) 13771 (82 FR 9339, 
February 3, 2017) deregulatory action.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a 
notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
will not have a significant economic impact on a substantial number of 
small entities.
    In 2019, there were approximately 1.4 million bicycle visits on 197 
refuges (34.6 percent of all refuges). Of these 197 refuges, 136 
refuges had fewer than 1,000 bicycle visits. These visits comprised 
approximately 2 percent (=2.34%) of total recreational visits for the 
Refuge System.
    Under the proposed rule, recreational activities on refuges could 
be expanded by allowing e-bikes where determined by the appropriate 
refuge manager. As a result, recreational visitation at these stations 
may change. The extent of any increase would likely be dependent upon 
factors such as whether current bicyclists change from using 
traditional bicycles to e-bikes, whether walking/hiking visits change 
to e-bike visits, or whether other recreational visitors decrease 
visits due to increased conflicts. The impact of these potential 
factors is uncertain. However, we estimate that increasing 
opportunities for e-bikes would correspond with less than 2 percent of 
the average recreational visits due to the small percentage of current 
bicycling visits.
    Small businesses within the retail trade industry (such as hotels, 
gas

[[Page 19420]]

stations, sporting equipment stores, and similar businesses) may be 
affected by some increased or decreased station visitation due to the 
proposed rule. A large percentage of these retail trade establishments 
in the local communities near national wildlife refuges and national 
fish hatcheries qualify as small businesses. We expect that the 
incremental recreational changes will be scattered, and so we do not 
expect that the rule would have a significant economic effect on a 
substantial number of small entities in any region or nationally.
    Therefore, we certify that this proposed rule would not have a 
significant economic effect on a substantial number of small entities 
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
An initial regulatory flexibility analysis is not required. 
Accordingly, 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 proposed rule:
    a. Would not have an annual effect on the economy of $100 million 
or more.
    b. Would not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Would 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 proposed rule would not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rule would not have a significant or unique 
effect on State, local, or tribal governments or the private sector. 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)

    In accordance with Executive Order 12630, this proposed rule does 
not have significant takings implications. This rule would affect only 
visitors at national wildlife refuges.

Federalism (Executive Order 13132)

    In accordance with E.O. 13132, this proposed rule does not require 
the preparation of a federalism assessment.

Civil Justice Reform (Executive Order 12988)

    In accordance with E.O. 12988, the Department of the Interior has 
determined that this proposed rule would not unduly burden the judicial 
system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This proposed rule does not contain information collection 
requirements, and a submission to OMB under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.) is not required. We 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

    We are required under the National Environmental Policy Act (NEPA; 
42 U.S.C. 4321 et seq.) to assess the impact of any Federal action 
significantly affecting the quality of the human environment, health, 
and safety. We have determined that the proposed rule falls under the 
class of actions covered by the following Department of the Interior 
categorical exclusion: ``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.'' (43 CFR 46.210(i)). Under the proposed rule, a refuge 
manager must first make a determination that e-bike use is a compatible 
use before allowing e-bike use on a national wildlife refuge. This 
determination must be made on a case-by-case basis. Therefore, the 
environmental impacts of the proposed rule are too speculative to lead 
to meaningful analysis at this time. The Service will assess the 
environmental impacts of e-bike use in compliance with NEPA at the time 
a refuge manager determines whether e-bike use is compatible.

Government-to-Government Relationship With Tribes

    In accordance with E.O. 13175 ``Consultation and Coordination with 
Indian Tribal Governments'' (65 FR 67249), the President's memorandum 
of April 29, 1994, ``Government-to-Government Relations with Native 
American Tribal Governments'' (59 FR 22961), and 512 DM 2, we will 
consult with federally recognized tribal governments to jointly 
evaluate and address the potential effects, if any, of the proposed 
regulatory action.

Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 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 clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. 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 are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

List of Subjects in 50 CFR Part 27

    Wildlife refuges.

Proposed Regulation Promulgation

    In consideration of the foregoing, we propose to amend part 27, 
subchapter C of chapter I, title 50 of the Code of Federal Regulations 
as follows:

PART 27--PROHIBITED ACTS

0
 1. The authority citation for part 27 continues to read as follows:

    Authority:  5 U.S.C. 685, 752, 690d; 16 U.S.C. 460k, 460l-6d, 
664, 668dd, 685, 690d, 715i, 715s, 725; 43 U.S.C. 315a.

Subpart C--Disturbing Violations: With Vehicles

0
 2. Amend Sec.  27.31 by redesignating paragraph (m) as paragraph (n) 
and adding a new paragraph (m) to read as follows:


Sec.  27.31  General provisions regarding vehicles.

* * * * *
    (m) If the refuge manager determines that electric bicycle (also 
known as an e-bike) use is a compatible use on roads or trails, any 
person using the motorized features of an e-bike as an assist to human 
propulsion shall be afforded all the rights and privileges, and be 
subject to all of the duties, of the operators of non-motorized 
bicycles on roads and trails. An e-bike is a two- or three-wheeled 
electric bicycle with fully

[[Page 19421]]

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 e-bike 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 e-bike 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 e-bike 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.
* * * * *

George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-07167 Filed 4-6-20; 8:45 am]
 BILLING CODE 4333-15-P