[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Proposed Rules]
[Pages 20463-20466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07213]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 420

[Cost Center: RR8567200, Fund: 20XR0680A2, WBS: RX.31480001.0040000]
RIN 1006-AA57


Off-Road Vehicle Use

AGENCY: Bureau of Reclamation; Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Secretarial Order 3376 addresses regulatory uncertainty on how 
agencies within the Department of the Interior manage recreational 
opportunities for electric bikes (E-bikes) on trails and paths where 
traditional bikes are allowed. To provide consistency in Federal policy 
among agencies with recreational opportunities pertinent to Secretarial 
Order 3376, the Bureau of Reclamation (Reclamation) is proposing to 
amend this regulation to add a definition for E-bikes and exempt E-
bikes from the regulatory definition of an off-road vehicle where E-
bikes are being used on roads and trails where mechanized, non-
motorized use is allowed, they are not being propelled exclusively by a 
motorized source, and the appropriate regional director expressly 
determines through a formal decision that E-bikes should be treated the 
same as non-motorized bicycles. This proposed change would facilitate 
increased E-bike use where other types of bicycles are allowed in a 
manner consistent with existing use of Reclamation land, and increase 
recreational opportunities for all Americans, especially those with 
physical limitations.

DATES: Comments on the proposed rulemaking must be submitted on or 
before June 12, 2020.

ADDRESSES: You may submit comments on the proposed rulemaking by either 
of the methods listed below. Please use Regulation Identifier Number 
1006-AA57 in your comment.
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions on the website for submitting comments.
    2. U.S. mail, courier, or hand delivery: Bureau of Reclamation, 
Asset Management Division, 8667200, P.O. Box 25007, Denver, CO 80225.

FOR FURTHER INFORMATION CONTACT: Ryan Alcorn, Asset Management 
Division, Bureau of Reclamation, 303-445-2711; [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why we are publishing this proposed rule and what it does?

    Secretarial Order 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. Accordingly, the proposed 
rule would include a 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

[[Page 20464]]

exceed 750 watts (one horsepower). E-bikes must fall into one of three 
classes:
    a. ``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;
    b. ``Class 2 electric bicycles'' 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; and
    c. ``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.
    The Bureau of Reclamation is proposing to make the following 
changes to 43 CFR part 420:
     Section 420.5(a) will be amended to include E-bikes that 
satisfy certain criteria in the specified exemptions to the definition 
of off-road vehicles.
     Section 420.5(h) will be added to define electric bicycles 
consistent with Secretarial Order 3376.
     Section 420.21(d) will be added to clarify applicability 
to E-bikes with pedal-assisted propulsion.
    Reclamation expects that the changes directed by the proposed rule 
could facilitate increased E-bike ridership on Reclamation lands in the 
future. However, 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 Reclamation-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 
Reclamation 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. To address site-
specific issues, Reclamation would consider the environmental impacts 
from the use of E-bikes through subsequent analysis in accordance with 
applicable legal requirements, including the National Environmental 
Policy Act of 1969 (NEPA).

II. 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 Executive Order 
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. We have developed this 
proposed rule in a manner consistent with these requirements.
    This proposed rule is not an Executive Order 13771 regulatory 
action because it is not significant under Executive Order 12866.

Regulatory Flexibility Act

    The Department of the Interior certifies that this proposed 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.).

Small Business Regulatory Enforcement Fairness Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This proposed 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 (UMRA)

    This proposed rule does not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. This proposed rule does not have a significant or 
unique effect on State, local, or tribal governments or the private 
sector. A statement containing information required by the UMRA (2 
U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630. This 
proposed rule is not a government action capable of interfering with 
constitutionally protected property rights. A takings implication 
assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement. It 
does not have a substantial direct effect on the States, on the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the levels of 
government. A federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this proposed 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)

    Under the criteria in Executive Order 13175, we have evaluated this 
proposed rule and determined that it has no potential effects on 
federally recognized Indian tribes. This proposed rule does not have 
tribal implications that impose substantial direct compliance costs on 
Indian Tribal governments.

Paperwork Reduction Act of 1995

    This proposed rule does not contain information collection 
requirements,

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and a submission to the Office of Management and Budget under the 
Paperwork Reduction Act is not required.

National Environmental Policy Act

    This proposed rule is categorically excluded from NEPA analysis 
under DOI categorical exclusion, 43 CFR 46.210(i), which covers 
``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.'' This proposed 
rule would not change the existing allowances for E-bike usage on 
Reclamation lands. Rather, it adds a new definition for E-bikes and 
directs Reclamation to specifically address E-bike usage in future 
recreation and land-use decisions. The categorical exclusion is 
appropriate and applicable because the proposed rule is for an 
administrative change and the environmental effects of the proposed 
rule in future land use and implementation-level decisions to open or 
close lands are too speculative to lend themselves to meaningful 
analysis in this proposed rulemaking. The environmental consequences of 
these decisions will be subject to the NEPA process before a land use 
decision is made to ensure the appropriate management of resources on a 
case-by-case basis.
    Pursuant to 43 CFR 46.205(c), Reclamation has reviewed its reliance 
upon this categorical exclusion against the list of extraordinary 
circumstances, at 43 CFR 46.215, and has found that none are applicable 
for this proposed rule. Therefore, neither an environmental assessment 
nor an environmental impact statement is required for this proposed 
rulemaking.

Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211. A Statement of Energy Effects is 
not required. This proposed rule will not have a significant effect on 
the nation's energy supply, distribution, or use.

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 the ADDRESSES section. To 
better help us revise the proposed rule, your comments should be as 
specific as possible. For example, you should tell us which 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.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware 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 your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 43 CFR Part 420

    E-bikes, Recreation.

    For the reasons stated in the preamble, Reclamation proposes to 
amend part 420 of title 43 of the Code of Federal Regulations as 
follows:

PART 420--OFF-ROAD VEHICLE USE

0
1. The authority citation for part 420 continues to read as follows:

    Authority:  32 Stat. 388 (43 U.S.C. 391 et seq.) and act 
amendatory thereof and supplementary thereto; E.O. 11644 (37 FR 
2877).

0
2. Amend Sec.  420.5 by revising paragraph (a) and adding paragraph (h) 
to read as follows:


Sec.  420.5  Definitions.

* * * * *
    (a) Off-road vehicle means any motorized vehicle (including the 
standard automobile) designed for or capable of cross-country travel on 
or immediately over land, water, sand, snow, ice, marsh, swampland, or 
natural terrain. The term excludes:
    (1) Nonamphibious registered motorboats;
    (2) Military, fire, emergency, or law enforcement vehicles when 
used for emergency purpose;
    (3) Self-propelled lawnmowers, snowblowers, garden or lawn 
tractors, and golf carts while being used for their designed purpose;
    (4) Agricultural, timbering, construction, exploratory, and 
development equipment and vehicles while being used exclusively as 
authorized by permit, lease, license, agreement, or contract with the 
Bureau;
    (5) Any combat or combat support vehicle when used in times of 
national defense emergencies;
    (6) ``Official use'' vehicles; and
    (7) Electric bikes as defined by Sec.  420.5(h), except those being 
used in a manner where the motor is being used exclusively to propel 
the E-bike.
* * * * *
    (h) Electric Bicycle (also known as an E-bike) shall mean 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 B--Designated Areas and Permitted Events

0
3. Amend Sec.  420.21 by adding paragraph (d) to read as follows:


Sec.  420.21   Procedure for designating areas for off-road vehicle 
use.

* * * * *
    (d) The appropriate regional director should generally allow E-
bikes whose mechanical features are being used as an assist to human 
propulsion on roads and trails upon which mechanized, non-motorized use 
is allowed, in compliance with the requirements of this section, unless 
the authorized officer determines that E-bike use would be 
inappropriate on such roads and trails. If the appropriate regional 
director allows E-bikes in accordance with this paragraph, an E-bike 
user shall be afforded the rights and privileges, and be subject to

[[Page 20466]]

all the duties, of non-motorized bicycles.

Aubrey J.D. Bettencourt,
Deputy Assistant Secretary--Water and Science.
[FR Doc. 2020-07213 Filed 4-10-20; 8:45 am]
 BILLING CODE 4332-90-P