[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Rules and Regulations]
[Pages 59039-59041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23269]


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

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 420

[RR85672000, 22XR0680A2, RX.31480001.0040000]
RIN 1006-AA57


Off-Road Vehicle Use; Correction

AGENCY: Bureau of Reclamation, Interior.

ACTION: Correcting amendment.

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

SUMMARY: We, the Bureau of Reclamation (Reclamation), published a final 
rule in the Federal Register on October 22, 2020, to add a definition 
for electric bikes (E-bikes) and exclude E-bikes from the regulatory 
definition of an off-road vehicle. Since the publication of the final 
rule, an editorial error was discovered in the definitions section. 
This action makes the necessary correction to the final rule.

DATES: This correction is effective October 26, 2021.

FOR FURTHER INFORMATION CONTACT: Ronnie Baca, Asset Management 
Division, Bureau of Reclamation, P.O. Box 25007, Denver, CO 80225; 
(303) 445-3257; [email protected]. If you use a telecommunication device 
for the deaf (TDD), you may call the Federal Relay Service at (800) 
877-8339 to contact us.

SUPPLEMENTARY INFORMATION: On August 29, 2019, the Secretary of the 
Interior signed Secretarial Order 3376 (SO), Increasing Recreation 
Opportunities Through the Use of Electric Bikes, that directed 
Reclamation and other Department of the Interior (Department) bureaus 
(Bureau of Land Management, National Park Service, and the U.S. Fish 
and Wildlife Service) to increase recreation opportunities and expand 
access on public lands. The SO addressed regulatory uncertainty on how 
bureaus within the Department manage recreational opportunities for E-
bikes on trails and paths where traditional bikes are allowed. To 
implement this SO, Reclamation published an amendment to 43 CFR part 
420 on October 22, 2020 (85 FR 67294)

[[Page 59040]]

to add a definition for E-bikes and exclude 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, where E-
bikes are not propelled exclusively by a motorized source, and 
appropriate Reclamation Regional Directors expressly determine through 
a formal decision that E-bikes should be treated the same as non-
motorized bicycles.
    In the final rule document 2020-22108, appearing on page 67298, in 
the third column, in Sec.  420.5(a), ``Off-road vehicle means any 
motorized vehicle (including 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 
includes:'' is to be corrected to read ``Off-road vehicle means any 
motorized vehicle (including 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''. The intended purpose of the SO was to increase recreation 
opportunities through the use of E-bikes. This correction allows E-
bikes to not be subject to the restrictions set forth in 43 CFR part 
420. This exclusion from the definition aligns Reclamation's 
regulations with the purpose of the SO and with the other Bureaus' 
regulations. To correct the editorial error discovered in the final 
rule publication, ``the term includes'' must be revised to ``the term 
excludes'' in the definition.

Administrative Procedure

    As explained above, this correcting amendment is necessary to 
correct an editorial error in the final rule. Neither the final rule 
nor this amendment alters the compliance statements issued in the final 
rule. Therefore, under these circumstances, we have determined, 
pursuant to 553(b)(3)(B), that prior notice and opportunity for public 
comment are impractical and unnecessary. Public comment could not 
inform this process in any meaningful way. We have further determined 
that, under 5 U.S.C. 553(d)(3), the agency has good cause to make this 
correction effective upon publication, which is to comply with our 
regulations as soon as practicable.

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. OIRA has determined that this correcting 
amendment is not significant.
    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 
correcting amendment in a manner consistent with these requirements.

Regulatory Flexibility Act

    This correcting amendment 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 correcting amendment is not a major rule under 5 U.S.C. 
804(2), the Small Business Regulatory Enforcement Fairness Act. This 
correcting amendment:
    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 correcting amendment does not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year. This correcting amendment does not have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. The correcting amendment is a technical amendment 
that corrects an editorial error in a previously published final rule 
and imposes no requirements on other agencies or governments. A 
statement containing information required by the UMRA (2 U.S.C. 1531 et 
seq.) is not required.

Takings (Executive Order 12630)

    This correcting amendment does not affect a taking of private 
property or otherwise have taking implications under Executive Order 
12630. This correcting amendment 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 
correcting amendment 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 correcting amendment complies with the requirements of 
Executive Order 12988. Specifically, this correcting amendment:
    (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 Departmental 
Policy)

    The Department 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 correcting amendment 
under the Department's consultation policy and under the criteria in 
Executive Order

[[Page 59041]]

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.

Paperwork Reduction Act of 1995

    This correcting amendment does not contain information collection 
requirements, and a submission to the Office of Management and Budget 
under the Paperwork Reduction Act is not required.

National Environmental Policy Act

    This correcting amendment 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 amendment 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 correcting amendment is a technical amendment that corrects an 
editorial error discovered in the 43 CFR part 420 that published on 
October 22, 2020 (85 FR 67294).
    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 correcting amendment. Therefore, neither an environmental 
assessment nor an environmental impact statement is required for this 
correcting amendment.

Effects on the Energy Supply (Executive Order 13211)

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

List of Subjects in 43 CFR Part 420

    E-bikes, Recreation.

    For the reasons stated in the preamble, we amend part 420, title 43 
of the Code of Federal Regulations, with the following correcting 
amendment:

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 acts 
amendatory thereof and supplementary thereto; E.O. 11644 (37 FR 
2877).


0
2. In Sec.  420.5, revise paragraph (a) introductory text to read as 
follows:


Sec.  420.5  Definitions.

* * * * *
    (a) Off-road vehicle means any motorized vehicle (including 
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:
* * * * *

Tanya Trujillo,
Assistant Secretary for Water and Science.
[FR Doc. 2021-23269 Filed 10-25-21; 8:45 am]
BILLING CODE 4332-90-P